TERMS AND CONDITIONS
We supply Images through the Website to media and design agencies, publishers, authors and academics. We do not supply Images through the Website to anyone else including individuals acting in a consumer capacity.
Please read these terms and conditions carefully before registering for the Kewimages Picture Library, using the light boxes or ordering any Images from the Website. You should understand that by using the light boxes, downloading low resolution watermarked images or by ordering any of our high resolution Images for download, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference. A printed copy of these terms and conditions shall be admissible in judicial or administrative proceedings.
INFORMATION ABOUT US
This Website is operated by Media Storehouse Limited ("Media Storehouse"), a private limited company registered in England with number 04518619("we" or "us"). Our VAT number is 803 6971 23. The Website is operated by us on behalf of the Board of Trustees of The Royal Botanic Gardens, Kew ("Kew"), a non-departmental public body with exempt charitable status whose principal place of business is at Kew, Richmond, Surrey TW9 3AB.
Any contract for the purchase of Images made through this Website will be a contract between you, us and Kew.
USE OF THE WEBSITE AND KEWIMAGES PICTURE LIBRARY
If you wish to use light boxes on or order Images from the Website you will need to register with us to open your account. Registration in itself is free but you will need to supply your email address, chosen password, address details and telephone number.
To access the existing customer section of the Website, you will need to enter your password and email details. By entering these details you agree to the terms and conditions set out herein and you will be permitted access to your account and individual light box(es) ("Light Box") and to download Images to your Light Box unless and until access is either terminated or closed in accordance with these terms and conditions.
We and/or Kew reserve the right to terminate and/or suspend your access to the Website and the Kewimages Picture Library at any time in the event that you breach any of these terms and conditions. If your account is closed or terminated, the facility to access the existing customers section of the Website and your Light Box will be removed.
At all times you agree that you will remain responsible for the confidentiality of any account and password details used by you in respect of the Kewimages Picture Library. You also agree to ensure that you restrict access to your computer (or any computer used to access your account) to prevent unauthorised access to your account details or password. You must use the Light Box provided when placing an order with us online through the Kewimages Picture Library.
You agree to be entirely responsible for any activities including purchases made using your account details and password. In this respect you shall ensure that any password you choose to access the Kewimages Picture Library remains confidential at all times. In the event that you either lose your password or account details or become aware that a third party may have access to or is using your password or account details you shall notify us immediately.
You should ensure that any information you provide to us (including without limitation) your name, address, email address, telephone number and bank details) are complete, accurate and current and that you will notify us immediately of any changes in the details with which you registered to use the Kewimages Picture Library. You may verify the details on our Kewimages Picture Library at any time by visiting your account pages.
We and Kew reserve the right to:
(a) refuse access to the Kewimages Picture Library and the Website;
(b) suspend or terminate access to the Website and/or the Kewimages Picture Library although where access to the Website is suspended or terminated for operational purposes we will take reasonable steps to resume availability as soon as possible;
(c) to immediately:
(i) and without notice, suspend your access to and use of the Website and Kewimages Picture Library;
(ii) on notice, terminate your licence to use any Images licensed to you under these terms and conditions,
(d) delete, vary or change any content on the Kewimages Picture Library or Website at any time; and
(e) terminate or cancel orders (although we will not charge you for any orders which we cancel for reasons which are not due to your default).
2.8 In certain countries there may be restrictions or prohibitions:
(a) on the purchase of products such as Images listed on Website; or
(b) in respect of access to websites such as the Website.
In both respects we and Kew shall not be liable to you or any third party in this respect and you warrant that you are able to access this Website from your country and are able to purchase the Images and import them into your country without contravening any local or international laws.
3 YOUR STATUS
3.1 By placing an order through the Kewimages Picture Library you warrant that:
(a) you are legally capable of entering into binding contracts;
(b) ou are over 18 years of age;
(c) you will comply with all applicable laws and regulations of the country for which the Images are destined. We and Kew will not be liable for any breach by you of any such laws.
4 TERMS OF SALE
4.1 You will be permitted to purchase Images once you are registered to use the Kewimages Picture Library pursuant to the clauses set out above.
4.2 On endeavouring to place an order for an Image for commercial purposes you will be required to make a selection from the menu of licensed commercial uses.
4.3 After placing an order for Images to download, your credit/debit card will be charged immediately and subject to receipt of confirmation from the third party payment provider that your payment has been received, we will make the Image ordered available for download immediately in your Light Box. [We will also confirm that this has been provided by sending a dispatch confirmation to you by email confirming that the Image is ready for download ("Dispatch Confirmation").
4.4 Images purchased for download will remain in your Light Box until your account is either closed or terminated pursuant to these terms and conditions. If your account is terminated or suspended, neither we or Kew shall be liable to you for any losses arising from such termination or suspension and you shall be wholly responsible for backing up your Images available for download.
4.5 We and/or Kew may also provide links on our Website to the websites of other companies, whether affiliated with us or not. We and Kew cannot give any undertaking that images you purchase from third party sellers through the Website, or from companies to whose website we have provided a link on the Website, will be of satisfactory quality, and any such warranties are DISCLAIMED by both us and Kew absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. You will be notified when a third party is involved in a transaction and we may disclose your customer information related to that transaction to the third party seller and to Kew.
4.6 5 USE OF images
5.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material and content (including in the Images) shall remain at all times vested in Kew and its licensors. By accessing this Website, using the light boxes, downloading free low resolution images, or offering to purchase Images from us you agree to the following:
(a) you are permitted to use the Images and material on this Website only as expressly authorised by us and Kew; and
(b) you may not use, reproduce, transmit, publish, display, modify, distribute, commercially exploit or create derivative works of the Images or material on this Website unless as expressly authorised by us and Kew.
5.2 Kew’s logo, trade name and trademarks are registered trademarks. A licence needs to be obtained from Kew by contacting firstname.lastname@example.org if you wish to use or reproduce them.
5.3 Any unauthorised use of Kew’s copyright and trademarks is an infringement of Kew’s intellectual property (or that of its licensors) and may lead to legal action and other remedies permitted under the Trade Marks Act 1994 and the Copyright Designs and Patents Act 1988 (as amended from time to time).
5.4 The copyright in the contents of all the pages in this Website is owned by or licensed to our Kewimages Picture Library or it is used with permission from the owner. If this is not the case the copyright owner will be specified. The copying, reproduction, modification, downloading or use in any form of the contents of this Website without prior written permission of us and Kew is strictly forbidden, unless this occurs incidentally while using the Website for private and non-commercial use.
5.5 When using the Light Boxes, downloading free low resolution images or purchasing Images from us you agree to the following terms:
(a) you may only use the low resolution watermarked copyright images for the purpose of designing the lay-out of your material (and for the avoidance of doubt low resolution watermarked copyright images must not be used in any final publication);
(b) you will not make any suggestion that we or Kew endorse any of your products;
(c) when using the Images you will include acknowledgements consisting of the name of the author of the Image followed by the copyright symbol (©) followed by the phrase "RBG Kew"
(d) you will use all reasonable endeavours to prevent any copying of the Images which are not expressly permitted under these terms and conditions including without limitation by utilising effective digital rights management technology to prevent copying;
(e) you will indemnify us and Kew and keep us and Kew indemnified against all losses suffered, incurred or arising in connection with any claim by a third party that your use of any Image (beyond that explicitly permitted herein) infringes any right (including, without limitation any intellectual property right) of the third party;
(f) you will incur all costs associated with printing and duplicating the image;
(g) you will permit us and Kew at our request to view a copy of the final Image before publication/broadcast;
(h) you will not sell, sub-licence, transfer or otherwise dispose of your rights to use the Images to any of your subsidiaries or any third party;
(i) you will keep the images in the proportions in which you downloaded them from the Kewimages Picture Library and will not distort or amend the images in any way without prior written permission from us and Kew
(j) you will not be permitted to obtain a refund once you have purchased the Images.
5.6 When purchasing Images you will be required to state your licensing requirements i.e. the commercial purposes for which you intend to use the Images. Your election will dictate the price of your Purchase and depending upon your election you agree to the following additional terms as applicable:
(a) Images for print publication in books, magazines and newspapers
On the purchase of this category of Image you are hereby granted a non-exclusive licence in the agreed territories (as these are set out at the time of ordering) to use the Image at the size which is selected at the time of ordering for the number of print runs stipulated and paid for at the time of ordering.
(b) Images for advertising packs
On the purchase of this category of Image you are hereby granted a non-exclusive licence in the agreed territories (as these are set out at the time of ordering) to use the Image at the size which is selected at the time of ordering for the type of advertising and for the time period stipulated and paid for at the time of ordering.
(c) Images for individual usage and for use on mobile devices
On the purchase of this category of Image you are hereby granted a non-exclusive licence in the agreed territories (as these are set out at the time of ordering) to use the Image at the size which is selected at the time of ordering for the type of use and for the time period stipulated and paid for at the time of ordering.
(d) Images for use on the internet/ websites
On the purchase of this category of Image you are hereby granted a non-exclusive licence in the agreed territories (as these are set out at the time of ordering) to use the Image at the size which is selected at the time of ordering for the specific type of website use, size of pixels and for the time period stipulated and paid for at the time of ordering.
(e) Images for use on CD Rom/ DVD
On the purchase of this category of Image you are hereby granted a non-exclusive licence in the agreed territories (as these are set out at the time of ordering) to use the Image at the size which is selected at the time of ordering on a CD Rom or DVD which is produced and manufactured only during the time period stipulated and paid for at the time of ordering.
(f) Images for use in Exhibitions
On the purchase of this category of Image you are hereby granted a non-exclusive licence in the agreed territories (as these are set out at the time of ordering) to use the Image at the size which is selected at the time of ordering for an exhibition which lasts no longer than the time period stipulated and paid for at the time of ordering.
(g) Other Uses
Where you wish to use the Image for commercial purposes beyond those set out at (a) to (f) above (including but not limited to use of the images for the promotion of goods or services), you will need to contact us before ordering the Images to discuss the terms under which we and Kew may be prepared to licence you to use the Images. We and Kew will not be under any obligation to enter into commercial licence terms with you.
6 PRICES AND PAYMENT
6.1 The price of any Images will be as quoted on the Website from time to time, except in cases of obvious error. These prices exclude VAT.
6.2 The Kewimages Picture Library catalogue contains a large number of Images and it is always possible that, despite our best efforts, some of the Images listed on our Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where an Image’s correct price is less than our stated price, we will charge the lower amount when making the Image available for download. If an Image’s correct price is higher than the price stated on our Website we will normally, at our discretion, either contact you for instructions before making the Image available for download or we will reject your order and notify you of such rejection.
6.3 We are under no obligation to provide the Image to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
6.4 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation .
6.5 Where Images are made available for download you will remain wholly responsible for all telephone and data connection lines and any other connectivity and any ISP subscription or call charges used to access the Website and the Kewimages Picture Library.
6.6 The Payment Page for our Images is held on the secure servers of our online payment processors, Google Checkout, PayPal or Worldpay. They ensure that your transaction is securely encrypted for your privacy and protection at all times. We accept all major credit and debit cards but are unfortunately unable to accept cheques, cash or postal orders through the Website. For an order to be processed you will need to provide the cardholder's name as it is shown on the card as well as the postcode that appears on the card statement. Neither we nor Kew nor our online payment providers accept any responsibility for incorrect or incomplete details submitted on the Website. Where you order Images for download online we will charge your card immediately upon your placement of an order and the transactions will appear as Media Storehouse on your statement.
6.7 Perpetrators of card fraud will be prosecuted.
6.8 Please do not email your card details to us or Kew. We and Kew accept no responsibility for the security of card details emailed to us in this way.
6.9 If you order Images from the Website for download outside the United Kingdom, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes where relevant. Please note that we and Kew have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
7 OUR LIABILITY
7.1 We and Kew shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in, their networks and equipment.
7.2 The information on the Website is for information purposes only. This material does not constitute advice and you should not rely on any material on this Website to make any decision or take any action. We and Kew reserve the right to change prices, information and specifications relating to the Images on the Website from time to time.
7.3 No guarantee or claim as to the accuracy or fitness for purpose of any material on this Website is made by us or Kew and we and Kew accept no liability of any description in relation to this.
7.4 To the fullest extent permissible the Website and the contents are provided to you on an "AS IS" basis and we and Kew make no representations or warranties of any kind (express or implied) with respect to the Website, the Kewimages Picture Library or the Images included in the Kewimages Picture Library including without limitation warranties of merchantability and fitness for a particular purpose.
7.5 Our and Kew’s liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Image you purchased.
7.6 Nothing in these terms and conditions excludes or limits in any way our and Kew’s liability:
(a) for death or personal injury caused by our or Kew’s negligence;
(b) under section 2(3) of the Consumer Protection Act 1987;
(c) or fraud or fraudulent misrepresentation; or
(d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our or Kew’s liability.
7.7 We and Kew accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
7.8 The information on this Website may be updated from time to time and may be out of date when viewed by you. No responsibility for keeping the information in these pages up to date is taken by us or Kew and nor do we or Kew accept any liability for failing to do so.
7.9 We and Kew cannot guarantee that this Website is free from computer viruses or any other malicious or impairing computer programs. Technical inaccuracies and typographical errors may appear on the pages of this Website from time to time.
8 WRITTEN COMMUNICATIONS
8.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website or Kewimages Picture Library, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
9.1 All notices given by you to us must be given to Media Storehouse Limited. We may give notice to you at either the e-mail or postal address you provide to us when placing an order or by posting a notice on the Website. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
10 TRANSFER OF RIGHTS AND OBLIGATIONS
10.1 The contract between you, us and Kew is binding on you, us and Kew and on our respective successors and assigns.
10.2 You may not transfer, assign, charge or otherwise dispose of a contract to purchase Images, or any of your rights or obligations arising under it, without our prior written consent.
10.3 We or Kew may transfer, assign, charge, sub-contract or otherwise dispose of a contract to purchase Images, or any of our or Kew’s rights or obligations arising under it, at any time during the term of the contract to purchase Images.
11 EVENTS OUTSIDE OUR CONTROL
11.1 We and Kew will not be liable or responsible for any failure to perform, or delay in performance of, any of our or Kew’s obligations under a contract with you that is caused by events outside our or Kew’s reasonable control ("Force Majeure Event").
11.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our or Kew’s reasonable control and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government.
11.3 Our and Kew’s performance under any contract with you is deemed to be suspended for the period that the Force Majeure Event continues and we and Kew will have an extension of time for performance of the contract for the duration of that period. We and Kew will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
12.1 If we or Kew fail, at any time during the term of a contract with you, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we or Kew fail to exercise any of the rights or remedies to which we or Kew are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us or Kew of any default shall not constitute a waiver of any subsequent default. No waiver by us or Kew of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Clause 9 (Notices) above.
13.1 If any of these terms and conditions or any provisions of a contract with you are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
14 ENTIRE AGREEMENT
14.2 You, us and Kew each acknowledge that, in entering into the contract, none of us has relied on any representation, undertaking or promise given any other or implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.
14.3 Neither you, us nor Kew shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
15 OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
15.1 We and Kew have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our businesses, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements, changes in our system's capabilities and otherwise at our discretion.
15.2 You will be subject to the policies and terms and conditions in force at the time that you order Images from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Images).
16.1 Complaints can be made to Media Storehouse via email at [email@example.com] .
16.2 We aim to deal with all complaints as effectively as possible and to acknowledge any made by email within 24 hours. We will then endeavour to conclude our investigations into your complaint as soon as possible thereafter. If you want a likely timescale for the resolution of a complaint you can request this, but the timescale will be dependent upon the specific nature of the complaint.
18 LAW AND JURISDICTION
18.1 Contracts for the purchase of Images through the Website will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.