TERMS & CONDITIONS
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 or any content provided by 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 and register an account. 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 and clients of visitors are referred to as “user/s”, “customers”, “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.
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.
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.
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.
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.
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.
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.
This agreement was last revised: 1st June 2019
Intellectual property and acceptable use
- 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
- You may, for your own personal, non-commercial use only, do the following:
- retrieve, display and view the Content on a computer screen
- You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Charlotte Wringe.
PURCHASING A SUBSCRIPTION
- 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.
- Upon successful payment the purchaser will be given direct, instant access to the members content area, and will be able to view and download the content.
- Please note Tide & Tree is not liable for any fees or charges issued by your bank or credit card provider.
- All payments are processed via Stripe and WooCommerce.
- By purchasing a subscription you agree to be billed regularly against the frequency selected until cancelled.
- All products unless stated otherwise are sold as instant digital downloads and are not physical products. No physical content or products will be dispatched upon subscribing.
- You can cancel your subscription at any time either in your account area or by emailing firstname.lastname@example.org. You will be granted access to the membership area for the remainder of your billed period before this access will be removed.
- The price of the subscription can increase or decrease at any time. Your current active subscription price will remain the same regardless of the retail price of the subscription. If you cancel your subscription and decide to rejoin, your renewal price will be at the current retail price.
- You can upgrade or downgrade your subscription at any time from within your account area.
- Please note this may alter your payment frequency depending on the new subscription you choose.
- Downgrading may also alter your benefits. For instance download limits will be installed if you downgrade to the Essentials package.
- If you upgrade to a longer payment frequency, you may find there’s a gap period where your current subscription period is still ongoing. Your new subscription period and billing amount will commence upon your current subscription period ending.
MEMBERSHIPS & YOUR ACCOUNT
- You must ensure that the details provided by you on registration or at any time are correct and complete.
- It is your responsibility to choose and protect a safe and secure password. We recommend at least 10 characters including one capital, one special character and one numerical value.
- Your username will be automatically designated from your name and cannot be changed.
- You can change your password from within the account area.
- You will receive an email upon registering giving you an access link to the membership and confirming your username. If you do not receive an email please contact email@example.com
- 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.
- We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
- You may cancel your account once your subscription has been cancelled either by your account area or by emailing firstname.lastname@example.org. Cancellation or suspension of your registration does not affect any statutory rights.
- Your membership will renew for as long as your subscription is active. Please note if you cancel your subscription you will lose your membership as soon as your current billed period is finished.
DOWNLOADS & MEMBER CONTENT
- 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.
- Upon successful purchasing of a subscription you will be given access to the members library of content. All content is available to download.
- Depending on your membership plan you may be given a download limit:
- Essentials: 30 image downloads per month. No presets or templates access for you or one client.
- Solopreneur: Unlimited image downloads per month with all presets and templates for you or one client.
- Agency: Unlimited image downloads per month with all presets and templates for you and unlimited clients.
- Please see Usage Agreement for full terms of usage.
USAGE LICENCE AGREEMENT & prohibited use
USAGE LICENCE AGREEMENT
The term “Product/s” can refer to both a paid and free item/image, and any content available under a subscription plan, apart from “Presets”, which are listed as “Presets”.
The term “User” can refer to both an active or past subscriber of Tide & Tree, and a client of an active or past subscriber of Tide & Tree.
- With this transaction the User acknowledges that the Product comes with a non-exclusive limited use license 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, advertising, course graphics, shop product images, branding content and website visuals.
- Apart from the Agency plan, all downloadable content available within the membership is for you or one client only. You may not use any downloadable content for multiple client use unless you are part of the Agency plan.
- Presets are not available to share, sell or giveaway in any capacity, in any membership plan. You may provide imagery edited by Tide & Tree presets.
- The User may not claim the Product as their own.
- 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.
- 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.
- Any use of any Product must be within a legal, moral & ethical manner.
- The User may also not sell or giveaway any Product in any means.
- If you provide any content to a client or multiple clients, you may not sell the content individually, but you may include it in the services you offer.
- For instance, you may not sell a stock image or stock image collection to a client, but you may provide an overall monthly stock photography service to your client which you charge for, and provide these stock photography images as part of that package.
- If providing downloading content to one or multiple clients, those clients are bound by this usage agreement in reference to the downloadable content provided.
- A copy of this usage agreement is made available for you to use in your own client contracts and terms & conditions here and in the menu. You may use this copy for your own terms and conditions when providing any Tide & Tree content as part of your services. Failure to bind a client to this usage agreement would hold you as the service provider and possibly the client accountable for any breaches of this usage agreement.
- This usage agreement extends beyond your subscription indefinitely. Cancelling your subscription, membership or account with Tide & Tree would not impact the terms of this usage agreement, which would still be in force.
- You may not use the Website for any of the following purposes:
- 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;
- in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
- making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
REFUNDS & CANCELLATIONS
- Please note no refunds are offered due to the digital nature of the subscription.
- You can cancel your subscription at any time. Please see ‘Purchasing a subscription’ for more details
INDEMNIFICATION & LIMITATION OF LIABILITY
- 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.
LIMITATION OF LIABILITY
- 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.
- We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
- To the maximum extent permitted by law, Charlotte Wringe/Tide & Tree accepts no liability for any of the following:
- any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
- loss or corruption of any data, database or software;
- any special, indirect or consequential loss or damage.
- Purchaser agrees that the Company’s liability for any reason shall be no more than the total purchase price of the Product purchased.
WEBSITE DISCLAIMER & EXTERNAL LINKS
LINKS TO OTHER SITES
- 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.
- 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.
- 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.
AVAILABILITY OF THE WEBSITE
- Any online facilities, tools, services or information that Tide & Tree 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, although every effort will be made to keep the information on this website up to date.
- 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.
- Charlotte Wringe/Tide & Tree accepts no liability for any disruption or non-availability of the Website.
- 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.
- Should Charlotte Wringe alter, suspend or discontinue any part or the whole of this website, we will attempt to notify all active subscribers with adequate notice.
- All data from any form submitted will be retained to be used for the purpose of analytics, research, marketing and promotional activity on behalf of Tide & Tree.
- To qualify for any offered benefits, discounts or rewards, all required fields must be filled in.
- Any feedback or testimonial form can be withdrawn or removed at any time by emailing email@example.com.
- There may be links throughout this website that are affiliated, meaning if you click through that link to an external website and make a purchase, a commission may be granted to Charlotte Wringe.
- Whilst every effort will be made to inform the User of any affiliate links within the content they’re viewing, this may not always be possible prior to clicking on the link.
- Charlotte Wringe accepts no responsibility for any product purchased through a link on this website which causes material damage, inconvenience or financial loss. Please see Links to External Websites for more information.
- Whilst Charlotte Wringe will only use affiliate links to link to services, products and courses that have been used favourably, and or tested positively by Charlotte Wringe, Charlotte Wringe cannot and does not guarantee the User will have the same experience or results and accepts no responsibility for any losses that may arise as a result of any affiliate purchase made.
When registering as a member the subscriber will be enrolled in notifications. These notifications can include
- Member content updates such as new collections and learning content
- New feedback forms available to fill in
- Updates to the website or membership
- Member Spotlights and features
- Offers or discounts relating to your membership benefits
This is required to obtain the member benefits. However you can unsubscribe from these emails at any time by clicking the link at the bottom of the email or emailing firstname.lastname@example.org. Please note by unsubscribing from the mailing list you will not receive notifications of new member content or additional member perks.
You will receive billing notifications and account email notifications as standard without enrolling into the mailing list. These emails cannot be stopped. Please see Memberships & Your Account for more details.
By signing up to the mailing list you agree to receive marketing emails by Tide & Tree that can include:
- New stock, preset and template collections available in the membership
- New blog content and learning material available in the membership
- Members spotlights emails
- New features, updates and additions to the membership
- Special offers and marketing promotions regarding joining the membership
You can unsubscribe from these emails at any time by clicking the link at the bottom of the email or emailing email@example.com. You can resubscribe at any time.
WORKING WITH ME
Any custom work provided by Charlotte Wringe will be governed by the Terms & Conditions provided specifically regarding the brief in question. This separate Terms & Conditions will be provided prior to the client signing and paying a deposit and will bind the client by those Terms & Conditions.
GET IN TOUCH
The owner of Tide & Tree and all subdomains within belongs to Charlotte Wringe. All copyright of Tide & Tree content belongs to Charlotte Wringe.
You can request more details at any time by either submitted a contact form submission or emailing firstname.lastname@example.org.
Tide & Tree of 83 Ducie Street, Manchester, United Kingdom (UK), M1 2JQ;