Membership
Agreement

Rawpixel membership terms

Our membership terms and conditions

  1. These terms

    1. What these Terms cover.
      These are the membership terms and conditions (Terms) on which we offer services for the supply of digital images and resources (Images) to you.
    2. Why you should read them.
      Please read these Terms carefully - they tell you who we are, about our services of providing access to Images and related content through our website (Services), how we provide those Services, our payment terms, how you can take out a membership for our Services (Membership), how this can be changed and terminated, what to do if there is a problem and other important information.
    3. Are you a business customer or a consumer?
      In some situations you will have different rights under these Terms depending on whether you are a business (Business) or a consumer. You are a consumer (Consumer) if:
      • you are an individual.
      • you are buying Images from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

      If you use our Images for any commercial purposes and/or take out our Premium Membership Plan which provides a commercial license you will not be a Consumer, you will be a Business customer.

      Provisions specific to Consumer customers only are in [GREEN] and those specific to Business customers only are in [BLUE]. Everything else is relevant to all customers.

    4. Definitions
      Some capitalised words or phrase used in these Terms have the meaning given to them where such words or phrases are first shown in bold in italics.
    5. Age limit.
      You can only take out a Membership if you are over 18 years of age.
  2. About us and making contact

    1. Who we are.
      We are Rawpixel Ltd a company registered in England and Wales. Our company registration number is 09391487 and our registered office is at Hanover Green Studios, Hanover, Redmarley, Gloucestershire, GL19 3JZ. Our registered VAT number is GB211639923.
    2. How to contact us.
      You can contact us by writing to us at
      Email
      contact@rawpixel.com
      Postal
      Rawpixel Ltd, Hanover Green Studios, Hanover, Redmarley, Gloucestershire, GL19 3JZ.
    3. How we may contact you.
      If we have to contact you we will do so by writing to you at the email address or postal address you provide to us in your Membership order.
    4. "Writing" includes emails.
      When we use the words "writing" or "written" in these Terms, this includes emails.
  3. Types of Membership and Licences

    1. We offer various types of Membership plan as set out below and you will need to choose which you want.
      1. Free Plan

        You can download up to 100 Images per calendar month from our Free Collection. Choose from thousands of high quality model released free images, PSDs and vectors. With this Membership plan you can use these Images for personal or commercial purposes under the terms of our Free Licence and for those marked as CC0 with the Creative Commons Licence.

        The Free Plan is free of charge but you must register for this type of membership. You can cancel your Membership or change your Membership plan at any time.

      2. Casual Plan

        You can download an unlimited number of Images from both our Premium and Free Collections. Choose from thousands of high quality model released premium and free images, EPS vectors, TIFF and PSD mockups. You can use the Premium Images for personal purposes only under the terms of our Casual Licence which applies to this Membership plan. If you want to use Premium Images for commercial purposes please see the Premium Plan.

        You can use the images from our Free collection for personal or commercial purposes under the terms of our Free Licence and for those marked as CC0 with the Creative Commons Licence.

        Membership costs $5 (US) (plus taxes) per calendar month and there is no commitment beyond your monthly billing period. You can cancel your Membership or change your Membership plan at any time.

      3. Premium Plan

        You can download an unlimited number of Images from both our Premium and Free Collections. Choose from thousands of high quality model released premium and free images, EPS vectors, TIFF and PSD mockups. You can use these Images for commercial purposes under the terms of our Premium Licence which applies to this Membership plan. You can use the images on multiple new projects whilst you are a Premium Plan Member, but if you cancel your Premium Membership Plan you can no longer use these images on new commercial projects.

        You can also use Public Domain Images marked as CCO with the Creative Common Licence.

        Membership costs $29 (US) (plus taxes) per calendar month and there is no commitment beyond your monthly billing period. You can cancel your Membership or change your Membership plan at any time.

    2. Our collections: We have two Image collections available
      1. Free Collection
        Our Free Image Collection contains thousands of high quality, model released images, PSDs and vectors. The majority of this collection is made up of our own images that we have decided to give anyway with our Free Image License exclusively to our rawpixel.com Members , you will not find these for free on any other website. There are also a smaller number of our images that we have given away under the Creative Common License, and a huge collection of public domain images. We have spent thousands of dollars and thousands of hours collecting, digitalising and enhancing some of the most amazing vintage images that are now out of copyright. We have made the majority of these images available to all our Members in our Free Collection.
      2. Premium Collection
        Our Premium Image Collection contains hundreds of thousands of our highest quality, model released images, EPS vectors, TIFF and PSD mockups. We have created these images with our own in-house talented photographers, designers and artists. We only offer our Members the very best of our images and resources, many of the images in our Premium Collection are only available to our Members on Rawpixel.com, you will not find them on any other stock image agency.

      Your access to collections (and the extent and scope of your usage of such collections) will depend on which Membership plan you choose.

    3. Licenses
      We will grant you a licence (Licence) to use the Images which you download from our website at https://www.rawpixel.com (Website) under the terms of your Membership plan. The type of Licence we grant to you will depend on the type of Membership plan you choose. See below the different types of Licence available depending on which Membership plan you choose:
      1. Free Plan
        Free Licence
      2. Casual Plan
        Casual Licence (personal use) for Premium Collection Images AND Free License for Free Collection Images
      3. Premium Plan
        Premium Licence (commercial use)
      4. Some of our images are available to all Members with the Creative Commons Licence, these are clearly marked 'free CC0 image'
    4. Users
      Unless we agree otherwise in writing, a single Membership contract permits one named person (User) to use the Services in accordance with the relevant Licence. Each User will be required to have a unique user name and password in order to access the Services. You must ensure such details are kept confidential and not shared with anyone else. You can upload to our Website in your User profile an image of your choice provided that:
      1. you give us the necessary permissions to install the image in your User profile
      2. you warrant to us that you are entitled to use such image for such purposes
      3. such image meets our Standards.
    5. Making your Membership order.
      Once you have decided which Membership plan you would like, click on the link to that Membership plan and then complete the order form, giving your details and other required information. While there is no charge for the Free Plan, all the other plans require you to make a payment of Fees (see clause 11 below).
    6. Confirming your Membership order.
      Our acceptance of your Membership order will take place when we email you to confirm acceptance, at which point (Start Date) a contract in respect of your Membership will come into existence between you and us. If we are unable for any reason to accept your Membership order, we will inform you of this in writing and will not charge you.
    7. Duration
      Each Membership contract will (subject to any provisions in the Terms for earlier termination) run from month to month starting on the Start Date and renewing monthly thereafter on the same day of each subsequent month (or where in any subsequent month there is no equivalent day, then the last day of that particular month) (Renewal Date).
    8. Territory
      We offer the Services in most territories of the world but reserve the right to withhold Services in certain territories in our entire discretion (Excluded Territories) and if you are domiciled or registered in any such Excluded Territories you cannot have a Membership contract. We will notify you as soon as possible if that is the case. The territory in which you are domiciled or registered is for the purposes of these Terms known as your Territory.
    9. Your equipment/devices
      It is your responsibility to ensure that any equipment or devices on which you download Images are technically sufficient to enable the download and use of such images. It is also your responsibility to ensure you have up-to-date anti-virus or other appropriate protective software installed.
    10. Switching your Membership.
      If you want to switch your Membership plan (either an upgrade or downgrade):
      1. you can do so by selecting the change plan option in your Account page accessed via our Website (Account).
      2. We will then notify you through your Account in writing of any new Fees or changes in the Fees payable as a result of your proposed switch and when that will take effect. In order for the switch to take effect you must confirm to us through your Account that you agree to the switch taking effect (and to the introduction of any Fees or any increase or reduction in Fees payable as applicable to the new plan).
      3. If you are a Consumer, switching from a Free to a Casual Membership, once we have your confirmation that you want to switch to a different plan we will move you to your new plan straight away, the new Fees will be applied at that time and this will become your new Renewal Date. If within 14 days of requesting the change to your plan, and if you have not downloaded any images during this period, you change your mind and decide you do not wish to be on the Casual Membership you can contact us, we will cancel your new plan and give you a refund. You can find out more about this here.
      4. If you are a Consumer, switching from a Casual to a Free Membership we will switch you onto the new plan on your next Renewal Date. You can continue to download Premium Images up until your next Renewal Date. We will not charge you any Fees on your Renewal Date nor will you receive any refund of Fees.
      5. If you are a Consumer, switching from a Free or Casual Membership to a Premium Membership we will move you to your new plan straight away. The new Fees will be applied at that time and this will become your new Renewal Date. As you are switching to a business plan you will also become a Business customer at this point. We are not able to give you any refund for any days that may be remaining on your current plan. If you would prefer to keep a separate Membership as a Consumer and/or still be able to access the Casual Plan for the remainder of the month you should create a new Premium Membership account rather than switching your current Membership Plan. Once you have set up your new Premium Membership you can choose to cancel/downgrade your original plan by selecting 'cancel plan' or 'change plan' in your Account page. This cancelation/change will take place on your Renewal Date.
      6. If you are a Business, switching from a Free to a Premium Membership Plan, once we have your confirmation that you want to switch to a different plan we will switch you to your new plan straight away, any new Fees will be applied at that time and this will become your new Renewal Date.
      7. If you are a Business, switching from a Premium to a Free/Casual Membership Plan we will switch you onto the new Plan on your next Renewal Date and you will be charged the reduced fees (if any) from your next Renewal Date.
      8. For so long as you have a Membership you will have access in your Account to all images you have previously downloaded. You can continue to use these images under the terms of the Membership plan you had when you originally downloaded them as long as that use is for projects/items you created whilst you were on your previous Membership plan. If you are a Consumer you can also continue to use these for personal use on new projects. You can not use Premium Images on new Commercial projects unless you have a current Premium Membership. All of our Licences grant an indefinite licence to use an image in a project/item that was created whilst you had a Membership Plan with a Licence that allowed that use.
  4. Providing the Services

    1. We will use all reasonable endeavours to provide the Services during the period of your Membership.
    2. We are not responsible for delays beyond our control. If Services are delayed by an event beyond our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for such delays, but if there is a risk of substantial delay you may contact us to end the Membership and receive a refund for any Services you have paid for but not received (see clause 8.7.2).
    3. We may suspend the Services to:
      1. deal with technical problems or make minor technical changes;
      2. update the Services to reflect changes in relevant laws and regulatory requirements;
      3. make changes notified by us to you (see clause 7).
    4. Your rights if we suspend the Services.
      We will contact you in advance to tell you we will be suspending Services, unless this is because of an emergency. If we have to suspend the Services for longer than 72hrs in any 30 days we will adjust the Fees so that you do not pay for Services while they are suspended. You may contact us to end the Membership if we suspend Services, or tell you we are going to suspend them, in each case for a period of more than 7 days and we will refund any sums you have paid in advance for the Services in respect of the period after you end the Membership (see clause 8.7.2).
    5. We may also suspend the Services.
      If you have not paid us for Services when you are supposed to have done (see clause 11.4) and you still do not make payment within seven (7) days of us reminding you that payment is overdue, we may suspend Services until you have paid us the outstanding amounts and we will contact you to tell you we are suspending Services. As well as suspending the Services we can also charge you interest on your overdue payments (see clause 11.7).
  5. Our Images

    1. Images may vary slightly from original.
      Although we have made every effort to display the colours of Images accurately on our Website, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Images. Your downloaded version of an Image may vary slightly from those Images as displayed on our Website.
    2. We reserve the right to remove Images from our Website
      at any time for example due to a quality issue or any regulatory or legal reason.
    3. Fair use
      We do not permit:
      1. automatic programming of devices to enable automatic or repeated downloading of Images from our Website. We operate a technical limit on the number of downloads of Images you can make in a single twenty four (24) hour period, with a cap of five hundred (500) Images per day. If you want to exceed that limit we may (but are not obliged to) permit you to do so if you contact us by email contact@rawpixel.com.
      2. use of our Images by customers in ways which do not meet our standards as set out in each Licence and you can view them here (Standards).
      3. copying, saving, reproduction or distribution of our Images save through the download feature on our Website.
      4. removing watermarks or copyright notices on any Images.
      5. downloading of certain Images on our website which are for display only and do not have a download option.
  6. Intellectual Property and Linking

    1. In regard to all patents, trade marks, logos, domain names, copyright, designs and database rights, (whether registered or not and including all applications) (Intellectual Property) in the Services (including in all Images):
      1. (Save for Public Domain Images (as to which see below)) we own Intellectual Property in all of the Images made available through our Website. We retain all Intellectual Property in such Images and your use of such Images is subject to these Terms, and the terms and restrictions of your Membership plan and related Licence.
      2. We make certain Images available through our Website at no cost to customers which Images (in most territories) are no longer subject to copyright protection (Public Domain Images). Public Domain Images are clearly marked as such on our Website. We do not warrant that your use of Public Domain Images will be lawful in all territories of the world and if you want to use any such Public Domain Images you do so at your own risk. You should carry out independent checks to ascertain whether any proposed use of such Public Domain Images is lawful in the territories in respect of which you anticipate using them.
      3. We may also make available via our Website some Images, the Intellectual Property in which we own (Creative Commons Images), at no cost, and without restriction, save that no-one is permitted to use such Images for the purposes of creating their own commercial online or other image library using any of such Images and all use must comply with the Content Standards in our Website terms. Such Images are clearly marked as such and you must comply with the terms of the Creative Commons License when using such Images.
    2. Rights under Licences
      We use all reasonable endeavours to ensure that the Images in our collections are fully cleared for you to use them in accordance with the terms of the Licence applicable under your Membership plan and these Terms. We take no responsibility for any loss or damage you may suffer as a result of your using any Images in ways which breach the terms of the Licence applicable under your Membership plan or these Terms. You must read and comply with the terms of your Licence which incorporate our Standards. If you breach those Standards we reserve the right to terminate your contract with us.
    3. Linking to our Website:
      Save as expressly set out in these Terms or relevant Licences we do not permit any linking, framing or hot linking to our Website or any Images on our Website, or use of our Intellectual Property in our trade marks, trade names or logos without our express prior written consent.
  7. Our Changes

    1. Minor changes to the Services.
      We may change the Services:
      1. to reflect changes in relevant laws and regulations; and
      2. to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of Images.
    2. Changes to these Terms and material changes to the Services.
      We may revise these Terms or make material changes to the Services and if we do we will notify you. If you do not want to continue receiving Services on the basis of such revisions or changes, you may terminate your Membership by contacting us in writing by email to contact@rawpixel.com before such changes take effect. If the Membership ends before a Renewal Date we will refund the balance of any Fee in respect of Services paid for but not received (see clause 8.7.2).
  8. Your right to end your Membership

    1. Your rights will depend on whether you are a Business or Consumer and the factors set out below
      1. If you want to end the Membership contract because of our act or default, see clause 8.2;
      2. If you are a Consumer and have changed your mind about the Membership, you may be able to get a refund if you are within the Cancellation Period (see clauses 8.3 and 8.4).
      3. In all other cases (if we are not at fault and you are not Consumer exercising your right to change your mind), see clause 8.5.
    2. Ending the Membership because of our act or fault.
      If you are ending the Membership contract for a reason set out at clauses 8.2.1 to 8.2.5 below the Membership contract will end immediately and we will refund you for any Services which have not been provided. The reasons are:
      1. we have told you about an upcoming change to the Services, these Terms (including the Licence) or the Fees which you do not agree to (see clauses 7.2 and 11.6);
      2. we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;
      3. there is a risk that supply of the Services may be significantly delayed because of events outside our control;
      4. we suspend supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 7 days; or
      5. you have a legal right to end the Membership contract because of something we have done wrong.
    3.  
      Exercising your right to change your mind if you are a Consumer (Consumer Contracts Regulations 2013). If you are a Consumer then you have 14 days from the day after the Start Date to change your mind and cancel the Membership Contract (Cancellation Period). You can do this:
      1. as set out in clause 8.6 or
      2. by printing off the form here and posting it to us at the address on the form or
      3. writing to us at our address given above, including details of your name and address.
    4. Losing right to change mind if a Consumer: If you download Images during the Cancellation Period:
      1. you acknowledge that you consent to us providing you with Services during the Cancellation Period; and
      2. if you do decide to cancel in accordance with clause 8.3, you must pay for the Services received up to cancellation.
    5. Ending the Membership contract for convenience
      You can end the Membership contract at any time by giving us written notice, by selecting the cancel plan option in your Account, in which case it will end at the end of your current monthly Membership period, provided you have contacted us at least one day before the next Renewal Date, to notify us of such termination.
    6. How to end the Membership contract: please let us know by doing one of the following:
      1. Selecting the Cancel Plan option in your Account.
      2. Email. Email us at contact@rawpixel.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
      3. By post. Simply write to us at our address given above, including details of your name and address.
    7. Refunds:
      1. If you are a Consumer properly exercising your right to change your mind within the Cancellation Period we will refund any Fees paid (calculated as set out in clause 8.7.2) provided you have not made use of the Services in the Cancellation Period (in which case you will be responsible for a proportionate amount of the Fees up to cancellation) and any refund due to you will be made as soon as possible and in any event within 14 days of your telling us you have changed your mind.
      2. In all cases if a refund is due to you under these Terms following termination of your Membership contract we will calculate the amount by reference to the proportion of your last payment attributable to the monthly period prior to the date of termination (since the last Renewal Date), and the proportion attributable to the time until (what would otherwise be) the next Renewal Date, so long as you have downloaded less than 10 Premium images in the monthly period prior to the date of termination. If you have downloaded 10 or more Premium images in the monthly period prior to the date of termination no refund will be due.
  9. Our right to end your Membership

    1. If you breach the Terms (for example):
      1. if you withdraw arrangements for the payment of Fees; or
      2. if you do not make any payment to us when it is due and you still have not made payment within seven (7) days of us reminding you that payment is due (which we will do if you have not paid us within 1 day of the payment due date); or
      3. if you break these Terms or the terms of your Licence
        then we have the right to end your Membership contract on giving you written notice and in such circumstances we will refund any money you have paid in advance for Services we have not provided on termination (in accordance with clause 8.7.2) but we may deduct or charge you the net costs we will incur as a result of your breaking the Membership contract.
    2. We may withdraw the Services.
      We may write to you to let you know that we are going to stop providing the Services. We will let you know at least 7 days in advance of our stopping the supply of Services and will refund any sums you have paid in advance for Services which will not be provided (see clause 8.7.2).
  10. Problems with the Services

    1. If you have any questions or complaints about the Services, please contact us. You can telephone our customer service team at +44 (0)1531 850729 or write to us at contact@rawpixel.com.
    2. If you are a Consumer, your rights in respect of defective Services: We are under a legal duty to supply Services in conformity with your Membership contract. See the box below for a summary of your key legal rights in relation to the Services. Nothing in these Terms will affect your legal rights.
      Consumers: summary of your key legal rights

      This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

      The Consumer Rights Act 2015 says:
      • digital content (such as the Images) must be as described, fit for purpose and of satisfactory quality; and
      • If Images are faulty, you're entitled to a replacement.
      • If a fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back
      • If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.

        In regard to Services:
        • you can ask us to repeat or fix Services if not carried out with reasonable care and skill, or get some money back if we can't fix the problem
        • if you haven't agreed a price beforehand, what you're asked to pay must be reasonable
        • if you haven't agreed a time beforehand, it must be carried out within a reasonable time
    3. If you are a Business, your rights in respect of defective Services: We warrant that the Services will be in material conformity with the description provided in respect of your chosen Membership plan.
  11. Price and Payment

    1. Where to find the price for the Services (Fees).
      The Fees (which where applicable will also include VAT and other local taxes payable in your Territory) will vary depending on which Membership plan you choose (as indicated here).
    2. About VAT.
      We have appointed Taxamo CheckoutCo Ltd (Taxamo) to enable us to meet complex international taxation requirements. This means that in some countries Taxamo will be acting on our behalf but in its own name as a "commissionaire" (Commissionaire). To enable Taxamo to provide this service to us we have included a link to Taxamo at the checkout on our Website which means that if you enter your details into our checkout you will be sharing this data with Taxamo. Taxamo is a company incorporated in an EU member country and it will hold all of your data within the EU.
    3. If Taxamo is acting as a Commissionaire for the sale of a Membership to you, it means that you will in legal terms be purchasing the membership from Taxamo. If so, we will inform you by adding the Taxamo name at the bottom of the checkout page, and the invoice you receive will be from Taxamo. However, this is the only difference you will experience. Rawpixel will still be providing you with the Membership, and if you have any questions or problems with our Services you should still contact us directly.

    4. When and how you must pay Fees.
      We accept payment of Fees only with Visa, MasterCard and American Express credit and debit cards through our Website by way of direct debit. We use Stripe Payments Europe Ltd, a payment service provider, to enable our customers to make payments (and we reserve the right to use other payment providers in the future). Such monthly direct debit payments will be taken on a rolling monthly basis on the Start Date and each Renewal Date, until termination of the Membership plan.
    5. Currency
      Fees are calculated in US dollars. If your payment method involves your making a payment in your local (non US dollar) currency and its conversion to US dollars, the amount paid in your local currency will depend on the exchange rate between the US dollar and such local currency from time to time and consequently monthly Fees will vary depending on fluctuations in such exchange rates.
    6. We may increase the Fees.
      We may increase the Fees by giving you written details of the revised Fees and the date when they will become payable which will always be at least one calendar month after we give you notice. If you do not want to pay such revised Fees you can terminate the Membership contract by giving us written notice at any time prior to such revised Fees becoming payable.
    7. We can charge interest if you pay late.
      If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of three percent (3%) a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
    8. What to do if you think an invoice is wrong.
      If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
  12. If you are a Consumer - our responsibility for your loss or damage:

    1. We are responsible to you for foreseeable loss and damage which we cause.
      If we breach these Terms, we are responsible for your foreseeable loss or damage resulting from our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. (Loss or damage is foreseeable if it is obvious that it will happen as a result of our breach).
    2. We do not exclude or limit our liability to you where it would be unlawful to do so.
      This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services as summarised at clause 10.2.
    3. When we are liable for damage caused by defective digital content.
      If defective Images which we have supplied damage a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to have up to date anti-virus or other appropriate protective software.
    4. Business losses.
      We only supply the Services to you for domestic and private use and if you use the Services for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 13.
  13. If you are a Business - our responsibility for your loss or damage:

    1. Nothing in these Terms limits or excludes our liability for:
      • death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
      • fraud or fraudulent misrepresentation;
      • breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
      • defective Services under the Consumer Protection Act 1987; or
      • any matter in respect of which it would be unlawful for us to exclude or restrict liability.
    2. Except to the extent expressly stated in clause 10.3 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
    1. Subject to clause 13.1:
      1. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with any contract between us; and
      2. our total aggregate liability to you for all losses arising under or in connection with your contract with us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited as follows:
        • if you have a Free Plan - £100.
        • If you have a Casual Plan or a Premium Plan - three times the amount you would pay over a period of twelve (12) months for that plan (for the purposes of calculation of such amount, such twelve month period would commence on the date when you started or last switched to such plan (or the last anniversary of such date)).
  14. How we may use your personal information

    1. How we will use your personal information. We will use the personal information you provide to us:
      1. to supply the Services to you
      2. to process your payment for the Services
      3. otherwise in accordance with our privacy policy (Privacy Policy) which is here.
    2. Subject to the terms of our Privacy Policy we will only give your personal information to third parties where the law either requires or allows us to do so.
  15.  

    Referral reward scheme

    1. When you are given your Membership we will also give you a unique referral code (Referral Link) and you can share that Referral Link with your friends, family and others to encourage others to take out a Membership.
    2. If someone takes out a Membership Plan using your Referral Link (New Member) and validates their email address at a time when you are a Member then (subject to clause 15.4) both you and the New Member will be entitled to receive free of charge a month's Premium Plan Membership. Both you and the New Member can choose when to activate this through your own Accounts.
    3. If you activate the free month's Premium Membership through your Account then this will commence immediately and your existing Membership will be suspended until after the expiry of the free month, at which point your existing Membership will resume in the normal way.
    4. The maximum number of free Premium Membership months you can have is twelve (12) and any referrals in excess of twelve will not be eligible for this reward scheme.
    5. You will be able to see at any time via your Account how many months of free Membership you are entitled to receive.
    6. If, at any time, it is discovered that a fake account has been set up (or fake details have been used to set up an account) as part of the referral scheme, all free premium months with be removed from that account, and the associated free premium month for the referrer will also be removed. The person who set up the fake account/used the fake details with also be in breach of our Membership Terms and Conditions, and their membership may be terminated.
    7. We reserve the right to change the terms of this reward scheme or withdraw it any time on written notice to you, always provided that any accrued free Membership months in your Account up to that point will be honoured.
  16. Other terms

    1. The Membership contract incorporates these Terms and the terms of the Licence.
      You must comply with these Terms and the terms of the Licence granted under your Membership plan.
    2. Transferring this contract.
      We may transfer our rights and delegate our obligations under your Membership contract to another organisation. We will always tell you in writing if this happens and we will ensure that such transfer will not affect your rights under the Membership contract. You may not transfer your rights or delegate your obligations under this Membership contract to any other person.
    3. If you are a Business customer
      these Terms (and any documents expressly incorporated into your Membership contract by these Terms) constitute the entire agreement between us in relation to your Membership. You acknowledge that you have not relied on any statement, promise, representation or warranty made by us (or given on our behalf) which is not set out in these Terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
    4. If a court finds any part of the Membership contract illegal, the rest will continue in force.
      Each of the clauses and sub-clauses of these Terms and the related Licence operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses and sub-clauses will remain in full force and effect.
    5. Even if we delay in enforcing your Membership contract, we can still enforce it later.
      If we do not insist immediately that you do something you are required to do under these Terms (or the related Licence), or if we delay in taking steps against you in respect of your breaking the Membership contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
    6. Laws and dispute resolution: if you are a Consumer:

      1. Which laws apply to this Membership contract and where you may bring legal proceedings. These Terms are governed by the laws of England and Wales and you can bring legal proceedings in respect of them and the Services in the courts of England and Wales. If you habitually live outside of England and Wales you may be entitled to bring legal proceedings in your home country (including without limitation if you live in European Union).
      2. Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a Consumer and are not happy with how we have handled a complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the Ombudsman Service Ltd via their website at www.consumer-ombudsman.org. The Ombudsman Service will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
    7. Laws and dispute resolution: if you are a Business

      1. Any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales will have exclusive jurisdiction to settle any such dispute or claim.