Welcome to the BotanicPhotos.com website which is owned and operated by Botanic Photos. It is important that you read and understand the Terms of Use as this Agreement governs your use of the Botanic Photos website. To learn more about usage rights for Royalty free Images which is our Standard Licence, please read our Standard Licence terms.
Access and use of this Web site is provided by Botanic Photos to you on condition that you accept the Terms of Use, and by accessing or using this Web site, you agree to the Terms of Use. If you do not agree to accept and abide by the Terms of Use you should not access or use this Web site.

The Terms of Use may be revise and updated by Botanic Photos at anytime and without notice, so review the Terms of Use posted on the Web site periodically. Your continued access or use of this Web site after any such changes are posted will constitute your acceptance of these changes.

Currency of Web site

Botanic Photos updates the information on this Web site regularly. However, we cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Web site. Botanic Photos may revise, supplement or delete information, content or services contained in the Web site and reserves the right to make such changes without prior notification to past, current or prospective visitors.

Privacy

Botanic Photos is committed to respecting the privacy of the personal information of the individuals with whom we interact. The Website Privacy Statement describes our privacy policy and practices and how we collect, use and disclose the personal information of those individuals who visit our website. Please see our Privacy Statement for further details.

Our Products and Services

Botanic Photos offers and provides customers through this website with the following services (the Content), subject to these Terms of Use:

1. This site offers Royalty Free photos (Standard Licence). Our Standard Licence images are purchased using a credit system and can be downloaded immediately, at any time, day or night. View our Prices. Extended Licences are also available for Commercial work.
2. Membership to the Botanic Photos community.

CONTENT LICENCE AGREEMENT

This Agreement governs the terms by which members and clients of Botanic Photos obtain the right to use stock images provided by Botanic Photos and contributing photographers through the Botanic Photos web site (the Site).

This Agreement contains many important provisions that affect your rights and obligations. By selecting the “I Agree” box at the end of this Agreement, you accept this Agreement either for yourself or on behalf of your employer or the entity that is identified as the member account holder, and agree to be bound by its provisions. If you are accepting on behalf of your employer or the entity that is the member account holder, you represent and warrant that you have full legal authority to bind your employer or such other entity. If you do not have such authority or you do not accept or agree with these terms, do not accept the Agreement and do not download the Content.

In this Agreement “you” means you or, if you are accepting on behalf of your employer, then “you” means that employer and affiliates, “Botanic Photos” or “we” means Botanic Photos, operator of the Site; and “Content” means any photographic image that you are downloading from the Site.

You will be able to select a “Standard Licence” or an “Extended Licence” for image use. The options for the Extended Licence uses are dependent upon the Content and whether the supplier of the Content has opted-in to the extended licence options. Unless otherwise specified or there is no Extended Licence option available for the Content you have requested, your download of Content will be subject to the Standard Licence.

Terms of Agreement

This Agreement is effective until it is terminated. This Agreement can be terminated by You (by destroying the Content and any Permitted Works, along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Content for any purpose) or by Botanic Photos, without notice, if at any time you fail to comply with any of its terms. Upon termination, you must immediately cease using the Content and for any purpose and destroy or delete all copies and archives of the Content or accompanying materials; and if requested, confirm to Botanic photos in writing that you have complied with these requirements.

Limitation of Liability

Botanic Photos does not represent or warrant that this website or the materials on it will meet your requirements or that their use will be uninterrupted or error free. The risk as to the quality and performance of the content lies with you. Botanic Photos entire liability, with respect to any claims arising out of your use of the Content, or out of your actions in downloading the Content, shall be as follows:

1. You may, upon written request to Botanic photos, be permitted to download the Content again, at a location we will provide for you.
2. If you continue to be unable to download the Content, Botanic Photos will refund the fee actually paid by you for such Content, provided we can determine at our discretion that you have been unable to download such Content successfully.

You specifically agree and acknowledge that you have reviewed the terms of the Agreement, content licence agreement and Terms of Use and you agree to be bound by them.

This Agreement is personal to you and is not assignable by you without Botanic Photos prior written consent.

You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the licence granted to you pursuant to this Agreement. This Agreement will be governed under the laws of State of South Australia, and the federal laws of Australia are applicable.

Any and all disputes arising out of, under or in connection with this Agreement, shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by a single Arbitrator appointed in accordance with such rules. The arbitration shall take place in Adelaide, South Australia and shall be conducted in the English language.