Terms & Conditions

Contents:

  1. Introduction
  2. Intellectual property and acceptable use
  3. Prohibited use
  4. Registration/Your Account/Downloads
  5. Shop & Purchases
  6. Usage Agreement Licence
  7. Refunds
  8. Mailing List/Monthly Free Images
  9. Working with me
  10. Indemnification
  11. Links to other websites
  12. Form submissions
  13. Privacy and Cookies Policy
  14. Availability of the Website and disclaimers
  15. Limitation of liability
  16. Affiliate Disclaimer
  17. General
  18. Charlotte Wringe details

1: Introduction

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Charlotte Wringe, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User/s means any third party that accesses the Website and is not either (i) employed by Charlotte Wringe and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Charlotte Wringe and accessing the Website in connection with the provision of such services.

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

All visitors are referred to as “user/s”, “purchaser/s”, “subscriber/s”, “you” and “your”; the terms “we”, “us”, and “our” refer to Tide & Tree (“Company”).

The terms Tide & Tree (“Company”) and Charlotte Wringe (“Owner”) may be interchangeable throughout the following policy.

2: Intellectual property and acceptable use

  1. All Content included on the Website, unless uploaded by Users, is the property of Charlotte Wringe, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission
  2. You may, for your own personal, non-commercial use only, do the following:
    1. retrieve, display and view the Content on a computer screen
  3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Charlotte Wringe.

3: Prohibited use

  1. You may not use the Website for any of the following purposes:
    1. in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
    2. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
    3. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

4: Registration/Your Account/Downloads

  1. You must ensure that the details provided by you on registration or at any time are correct and complete.
  2. It is your responsibility to choose and protect a safe and secure password.
  3. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
  4. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
  5. You may cancel your registration at any time by informing us in email to the address at the end of these terms and conditions.  Cancellation or suspension of your registration does not affect any statutory rights.
  6. All downloads from Tide & Tree are provided over secure encrypted servers; Tide & Tree will accept no liability for loss or corruption of any data, database or software. Please see Limitation of Liability for further reference.

5: Shop & Purchases

  1. The purchaser agrees to abide by this agreement as a condition of their purchase and is bound by the terms and conditions set out here in.
  2. Upon successful payment the purchaser will be given direct, instant access to their image, and will also be sent an email containing the product ready to download.
  3. Please note Tide & Tree is not liable for any fees or charges issued by your bank or credit card provider.
  4. All products unless stated otherwise are sold as instant digital downloads and are not physical products.
  5. Images sold are sold under a non-exclusive licence and can be resold or withdrawn from sale at any time. Please see Usage Agreement Licence below.
  6. If the user/purchaser has an account, the user may return to their account to access past purchases. If there is no account set up and/or the user deletes their purchase email, Tide & Tree cannot guarantee the user would get access to their purchased product again but will endeavour to assist where possible within reasonable means.

6: Usage Agreement Licence

For the purposes of this license, “User/s” are classed as purchasers or mailing list subscribers.

The term “Product/s” can refer to both a paid and free item/image.

  1. With this transaction the User acknowledges that the Product comes with a non-exclusive limited use license (unless the Product provided is specifically stated otherwise in a signed agreement) so that the User may use the product for personal or professional use in the normal course of Users business, specifically social media and email marketing, shop product images and website visuals.
  2. Please note images are licensed for one project or business per purchase.
  3. The User may not claim the Product as their own.
  4. The User can edit the Product as follows; add a filter, crop, overlay with a colour or gradient, apply a banner and text across, insert their own design or branding, fade the Product or quote directly over the Product.
  5. Charlotte Wringe remains the sole and exclusive owner and holder of the copyright of the Product and the User may not sell, lease, loan, transfer, assign, or give away the Product or a derivative thereof or otherwise allow a third-party to use the Product in any way.
  6. Any use of any Product must be within a legal, moral & ethical manner.
  7. The User may also not sell or giveaway the Product in any means.

7: Refunds

  1. Due to the digital nature of the product, and because instant access is granted as soon as the purchase is complete, no refunds are offered. 

8: Mailing List/Free Monthly Images

  1. By signing up to the mailing list, the Subscriber will receive blog updates, free monthly stock images/products/coupon codes, new product updates, and other emails that Tide & Tree feels appropriate. You may unsubscribe from this mailing list at any time by either clicking on the link in the email, or emailing/writing to the details at the bottom of this policy.
  2. Subscribers may use the free images/products within the terms of the Usage Agreement detailed above.
  3. Subscribers may be sent a selection of free images pre-chosen, or receive a coupon code.
  4. Coupon codes for free images are only valid for one use per subscriber and will discount a total of 5 individual images from the basket.
  5. If the images are different in price, it will discount the most expensive first.
  6. Sets and bundles are excluded from the monthly freebies.
  7. The coupon codes are valid from when the email is sent until the end of the same calendar month.
  8. You are not required to provide payment information if your basket is zero price.
  9. If pre-chosen images are provided, they may be part of a set already for sale and Tide & Tree cannot provide any full or partial refunds for sets already bought. Tide & Tree will endeavour to only giveaway free images/products that are not for sale elsewhere but can make no guarantees.

9: Working with me

  1. Custom Stock and/or Product Photography
    1. Tide & Tree can provide custom stock and/or product photography on an exclusive licence.
    2. All images are subject to the Usage Agreement Licence above, apart from the licence which would be Exclusive.
    3. This means no image from the brief would be sold or given away to any third party or made available for sale on any online shop or marketplace.
    4. Tide & Tree retains the right to use any images/products for marketing and advertising purposes.
    5. A brief must be agreed before any work is undertaken and a contract must be signed either physically or digitally. This will be provided to you and will incorporate any terms set out here.
    6. Payment must be agreed and completed as per the contract agreement.
    7. Any dispute must be approached in writing or email first.
  2. Brand Representative
    1. Any images provided to you is subject to the Usage Agreement Licence above
    2. Tide & Tree retains full copyright and remains the sole owner of any images provided.
    3. By agreeing to be a brand representative for Tide & Tree, you agree to use the stock photography provided, plus any free images supplied via the mailing list, to promote Tide & Tree morally, ethically & legally.
    4. You are not required to meet any targets, however Tide & Tree retains the right to withdraw you as a brand representative at any time without any notice. You are permitted to keep any images already provided, as per the Usage Agreement Licence above.

10: Indemnification

  1. Purchaser agrees to indemnify and hold harmless Tide & Tree, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, Purchaser’s action(s) under this Agreement or misuse of a Product. Purchaser agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Purchaser’s participation under this Agreement, unless expressly stated otherwise by Tide & Tree, in writing.

11: Links to other websites

  1. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Charlotte Wringe or that of our affiliates.
  2. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
  3. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

12: Form Submissions

  1. All data from any feedback form or testimonial submitted will be retained to be used for the purpose of marketing and promotional activity on behalf of Tide & Tree.
  2. To qualify for a coupon code in reward for filling in a form, all required fields must be filled in.
  3. To qualify for a testimonial coupon you must have used Tide & Tree stock before on your website, email campaigns and/or social media platforms.
  4. All data will be stored within the terms of the privacy policy set out here.
  5. Any feedback or testimonial form can be withdrawn or removed at any time by simply emailing hello@tideandtree.com

13: Privacy and Cookies Policy

  1. Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click here (opens in new tab).

14: Availability of the Website and disclaimers

  1. Any online facilities, tools, services or information that Charlotte Wringe makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Charlotte Wringe is under no obligation to update information on the Website.
  2. Whilst Tide & Tree uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
  3. Charlotte Wringe/Tide & Tree accepts no liability for any disruption or non-availability of the Website.
  4. Charlotte Wringe reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

15: Limitation of liability

  1. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
  2. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
  3. To the maximum extent permitted by law, Charlotte Wringe/Tide & Tree accepts no liability for any of the following:
    1. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
    2. loss or corruption of any data, database or software;
    3. any special, indirect or consequential loss or damage.
  4. Purchaser agrees that the Company’s liability for any reason shall be no more than the total purchase price of the Product purchased.

16: Affilate Disclaimer

  1. Disclosure: Bear in mind that some of the links throughout this website are affiliate links and if you go through them to make a purchase I will earn a commission. Keep in mind that I link these companies and their products because of their quality and not because of the commission I receive from your purchases. The decision is yours, and whether or not you decide to buy something is completely up to you.
  2. I accept no responsibility for any product purchased through a link on this website which causes material damage, inconvenience or financial loss. Please see section 11 for Links to other Websites
  3. I only promote services, products and courses that I have used myself and can personally vouch for. I cannot guarantee you will have the same experience or results from my review or recommendation and accept no responsibility for any losses that may arise as a result of my recommendation.
  4. I will actively seek to notify you in any post or page where an affiliate link may be included.

17: General

  1. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
  2. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
  3. These terms and conditions together with the Privacy & Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
  4. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
  5. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
  6. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
  7. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

18: Charlotte Wringe details

  1. Charlotte Wringe of 83 Ducie Street, Manchester, M1 2JQ operates the Website https://www.tideandtree.com.
  2. You can contact Charlotte Wringe by email on hello@tideandtree.com.

This agreement was last revised: Monday 5th March 2018