AfriPics provides its services to you subject to the terms and conditions set out
herein. By accessing the AfriPics website ("website") and using any of the
services offered via the website from time to time ("the services") and/or by
purchasing any goods or items via the website, you shall be deemed to have agreed
to all the terms and conditions set out herein.
AfriPics may at any time modify these terms and conditions and your continued use
of the website will be subject to the terms and conditions in force at the
time of your use.
Accordingly you agree to review these terms and conditions periodically, and your
continued access or use of the website shall be deemed to be your acceptance
of the amended terms and conditions of the website.
1. Content of the Website
Whilst every effort is made to update the information provided on this website on
a regular basis, AfriPics makes no representations or warranties, whether express,
implied in law or residual, as to the accuracy, completeness or reliability of
information contained on any of the pages comprising the website and shall not be
bound in any manner by any information contained on the website or any of the pages
comprising the website. AfriPics reserves the right at any time to change or
discontinue without notice, any aspect or feature of this website. No opinions,
information, data or content contained on the website shall be construed as
advice and same are offered for information purposes only. AfriPics gives no
warranty or representation in relation to the accuracy, completeness or
reliability of any such opinions, information, data or content.
2. Copyright
Copyright and all intellectual property rights in all materials (including but not
limited to any source code) made available through this website are owned by AfriPics
alternatively, AfriPics is the lawful user thereof and are protected by both South
African and international intellectual property laws. Accordingly, any unauthorised
copying, reproduction, retransmission, reverse engineering, disenablement,
distribution, dissemination, sale, publication, broadcast or other circulation or
exploitation of such material as aforesaid or any component thereof will
constitute an infringement of such copyright and other intellectual property rights.
The trademarks, names, logos and service marks (collectively "trademarks")
displayed on this website are registered and unregistered trademarks of AfriPics.
Nothing contained on this website should be construed as granting any
licence or right to use any trademark without the prior written permission of
AfriPics; save that you may download, display and print one copy of the material
presented on this website on a single computer for your personal, non commercial
use only and provided that all proprietary notices and restrictions attached to
such material are at all times kept intact.
3. External links
External links may be provided for your convenience, but they are beyond the
control of AfriPics and no representation is made as to their content. Use or
reliance on any external links provided is at your own risk. When visiting
external links you must refer to that external websites terms and conditions of use.
No hypertext links shall be created from any website controlled by you or
otherwise to this website without the express prior written permission of AfriPics.
4. Children
If you are under 18 years of age, you may use this website only with the
involvement of a parent or guardian. If you represent that you are of sufficient
legal age to use this website you will be bound by any legal obligations and
liabilities that you may incur as a result of the use of this website.
5. Warranties
AfriPics makes no warranties, representations, statements or guarantees
(whether express, implied in law or residual) regarding the website, the
suitability of any of the services for a particular purpose nor with regard to
the merchantability and fitness for a particular purpose of any goods and items
offered for sale on this website, all of which are provided on an "as is" basis.
In addition, as AfriPics provides certain services to you via the internet
AfriPics makes no representations, nor gives any warranties or guarantees of
any nature as to the availability of any communications network or systems of any
third party on whom you or AfriPics rely to provide any of the services.
6. Disclaimers
AfriPics shall not be responsible for and disclaims all liability for any
loss, liability, damage (whether direct or consequential), personal injury or
expense of any nature whatsoever which may be suffered by you or any third
party as a result of or which may be attributable, directly or indirectly, to
the use of or reliance on any information provided on the website or any pages
of the website, e-mail sent from the website, service, goods and items provided
and purchased via this website, any viruses that may infect your computer or
other property on account of your access to and/or use of this website, use of
content, data or information made available via the website, any failure,
delay or unavailability of the site or any services offered via the site for
any reason whatever and the supply, or failure or delay in supplying any of
the services offered via the site and you indemnify AfriPics in respect of any
loss, liability, damage (whether direct or consequential) or expense of any
nature whatsoever, which may be suffered by you or any third party as a
result of or which may be attributable, directly or indirectly, to the aforesaid.
7. Sales Terms and Conditions
7.1 Your receipt of an electronic or other form of order confirmation does not signify
AfriPics`s acceptance of your order. AfriPics reserves the right at any time
after receipt of your order, to decline your order, for any reason whatsoever.
If your order is declined you will be notified via e-mail. AfriPics may require
additional verifications or information before accepting any order for any goods
and items sold on the website.
7.2 We accept the following credit cards [MasterCard], [Visa],
[Diners] and [American Express]. AfriPics accepts direct deposits to its bank
account by prior arrangement
7.3 Product descriptions contained on our website are the representations of our suppliers.
AfriPics is not responsible for typographical, pricing, product information or shipping errors.
Any recommendations, formulae, figures, advice, specifications, illustrations, diagrams,
dimensions, weights or other information provided on the website is
approximate and for information purposes only and, unless otherwise expressly
stated in writing, does not form the basis or any part of a sale.
Advertised prices and availability are subject to change without notice. If goods
or items offered by AfriPics are not as described, your sole remedy is to
return such goods or items in their original condition on the basis set out in 7.8
7.4 AfriPics will use reasonable endeavours to maintain full system availability,
except during scheduled maintenance periods. Should AfriPics experience
technical difficulties, AfriPics is not responsible for goods and items ordered
that are not processed, accepted or delivered.
7.5 Ownership of any goods and items shall not pass to you until the total
purchase price payable therefore has been received by AfriPics in full.
7.6 All risk attaching to any goods or items purchased will pass to you as
soon as the goods or items have been delivered to you provided that if you
fail and/or refuse to take delivery of the goods or items when delivery is
made, risk shall be deemed to have passed when delivery is tendered to you as
evidenced by the electronic receipt or paper invoice as sent by AfriPics to
you after the purchase has been concluded.("delivery date").
7.7 Where any tariffs, duties or taxes as imposed or levied by any government or
governmental agency, including without limitation, national and local sales,
use and value added tax are imposed pursuant to the sale of any goods and items
on the website you shall be liable to pay any such tariffs duties or taxes when due.
7.8 Return Policy: Due to the nature of digital downloads, returns will not be accepted.
If you have any problems, questions or suggestions, please do not hesitate to
contact AfriPics or Fax: 27-13-744-9561
8. Privacy Policy
AfriPics is committed to respecting the privacy rights of all users. AfriPics collects
user information in an effort to improve the users experience.
What information does AfriPics collect?
Information you supply us: Any information that you send to our website and
received will be stored. Such as for example, when you register on AfriPics,
you will be required to create a user name and password. Furthermore you will
be able to register personal information, which information is contained behind
secured networks and is only accessible by a limited number of employees who
have special access rights to such systems. When you access your personal
information, this is all conducted via a secure server using SSL encryption.
Automatically generated information.
Like many other sites, AfriPics employs the use of "Cookie" technology. This technology
allows us to obtain certain types of information when your web browser accesses
the website. The information that is received by AfriPics is stored behind
secure networks. The use of "Cookies" allows us to built a better experience
for you, by monitoring what you like on the website and thus building a
unique offering for you. There are a number of companies that have created
and offer tools to help you visit a site anonymously. Obviously if you employ
the use of such tools, we will not be able to provide you with a personalized
experience. However we do want you to be aware that such tools are available.
What is a Cookie?
A Cookie is an alphanumeric identifier that is transferred from our website to
your computer`s hard drive. This is transferred through your web browser and enables
us to recognize you, and thus built a personalized offer for you. Most browsers
will tell you how to prevent your browser from receiving cookies, to notify
you when you receive a new cookie, to disable cookies. A good staring point for
such information is the Help link on the browser.
Agents.
AfriPics may at times employ other companies or individuals to perform certain
functions on our behalf. For example, the fulfilment of orders, credit card
processing and marketing assistance to name a few. They have access to your
personal information in order to fulfil their function, but may not use it
for any other purpose.
Acquiring New Businesses and Developing New Relationships.
In the event AfriPics acquires a new business or creates a new venture
with another company, users personal details may be transferred across such
business units. You acknowledge and agree that your personal and any other
details may be disclosed and assigned in the manner as aforesaid.
Complying with Law and Protection of AfriPics.
AfriPics may release personal information which may be required in terms of law
or any regulations, to enforce our conditions of use and to protect the
interests and rights of the website, users and other third parties.
Your Consent.
By your use of the website, you consent to the collection and use of the
information by AfriPics on the basis set out in this 11. If we decide to
change our privacy policy, such changes will be posted on these pages to
ensure that you are always aware of the information we collect, how we use it
and under what circumstances we disclose it.
Feedback.
AfriPics welcomes all questions, comments and concerns about privacy. Please
send us all and any feedback relating to this at: AfriPics
9. General
9.1 These terms and conditions constitute the sole record of the agreement between
you and AfriPics in relation to the subject matter hereof. Neither you nor AfriPics
shall be bound by any express tacit or implied representation, warranty, promise or
the like not recorded herein. These terms and conditions supersede and replace
all prior commitments, undertakings or representations, whether written or oral,
between you and AfriPics in respect of the subject matter hereof. No addition to,
variation or agreed cancellation of any provision of these terms and conditions
shall be binding upon either you or AfriPics unless agreed to by AfriPics. No
indulgence or extension of time which either you or AfriPics may grant to the
other will constitute a waiver of or, whether by estoppel or otherwise, limit any
of the existing or future rights of the grantor in terms hereof, save in the
event or to the extent that the grantor has signed a written document expressly
waiving or limiting such rights.
9.2 All provisions of these terms and conditions are, notwithstanding the manner
in which they have been grouped together or linked grammatically, severable from
each other. Any provision of these terms and conditions which is or becomes
unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality,
unlawfulness or for any reason whatever, shall, in such jurisdiction only and
only to the extent that it is so unenforceable, be treated as pro non scripto
and the remaining provisions of these terms and conditions shall remain in
full force and effect.
9.3 Should AfriPics be prevented from fulfilling any of its obligations to you
as a result of any event of force majeure, then those obligations shall be deemed to
have been suspended to the extent that and for as long as AfriPics is so prevented
from fulfilling them and your corresponding obligations shall be suspended to the
corresponding extent.
In the event that force majeure continues for more than thirty days after it
has fist occurred then AfriPics shall be entitled (but not obliged) to terminate
all of its rights and obligations in terms of or arising out of these terms
and conditions and/or any service by giving notice to you. An
"event of force majeure" shall mean any event or circumstance whatsoever
which is not within the reasonable control of the affected party including,
without limitation, vis major, casus fortuitus, any act of G-d, strike,
theft, riots, explosion, insurrection or other similar disorder,
war (whether declared or not) or military operations, the downtime
of any external telecommunications line, power failure, international
restrictions, any requirement of any international authority, any
requirement of any government or other competent local authority,
any court order, export control or shortage of transport facilities.
9.4 These terms and conditions shall be governed by and construed in accordance
with the laws of the Republic of South Africa without giving effect to any
principles of conflict of law. You hereby consent to exclusive jurisdiction of
the High Court of South Africa in respect of any disputes arising in
connection with the services referred to herein, or these terms and
conditions or any matter related to or in connection therewith.
AFRIPICS IMAGE LICENSE AGREEMENT
This is a legal agreement between you, the user of Afripics images, and Afripics (PTY) limited. Any use of the Afripics images indicates your full and unconditional acceptance of the terms of this agreement and the restrictions placed on the use of images as listed below. If you do not agree, you must decline this agreement and permanently delete all copies of the images from your electronic storage media and if the images were supplied on a CD or DVD return the original disk with original packaging and any original prints, negatives or slides to Afripics and in so doing you will not be granted a license to any of the images.
AGREEMENT
1. DEFINITIONS
1.1 THE CLIENT means the party entering into this agreement.
1.2 REPRODUCTION means any form of copying or publishing either the whole or part of any image whether by whether by printing, projection (whether or not to an audience), layout, photography, presentation, electronic, digital, or physical means, use as a reference by an artist or in an artist's illustration or by any other means. In addition reproduction includes the manipulation of the whole or part of the Image by any means including, but not confined to, computer processing, digital manipulation, distortion, even where the resulting image does not appear to be derived
from the original Image.
1.3 IMAGE means any one of the photographs supplied to you in electronic format, as original prints or negatives.
1.4 INVOICE means the invoice indicating the specific use indicated by you for the Image/s, and stating the corresponding price for such Image/s.
1.5 The words “you”, “your”, and “yours” refers to THE CLIENT
2. The image/s may not under any circumstances be reproduced until full payment has been received by Afripics for the invoice in respect of the image/s, or this agreement shall be automatically revoked.
2.1 Afripics grants you a non-exclusive, non-assignable license (unless otherwise stated in the Invoice) to use the selected image strictly limited to the specific use indicated on the invoice.
2.2 The license to use an image in a picture or a product does not include the right to use that image in any way, directly or indirectly in an advertisement of the product unless such a right has been specifically granted.
2.3 For usage of the image other than that indicated on the invoice you must first secure written permission from Afripics. Such permission may only be granted after entering into a further licensing agreement.
2.4 Reproduction rights are granted by way of a license only and no partial or other assignment of copyright is implied. Any Reproduction rights granted may not be assigned or sub-assigned.
2.5 No image of a person well-known to the general public person may be used in a manner which can be reasonably construed to suggest the endorsement of a product or service by the said person.
2.6 No image shall be used in a derogatory, libellous, or defamatory manner, or where the subjects in the images will be any way associated with pornography or child molestation.
3. All rights to the images are vested exclusively in Afripics. No ownership or copyright in any Image shall pass to you by the issue of an Invoice with respect to the Image.
3.1 You must provide copyright protection for any Images provided to you. Such copyright shall be immediately assigned to Afripics upon request.
4. Afripics may at any time upon reasonable notice inspect any books, records and accounts relating to the reproduction of images to ensure that images are being used only in accordance with the invoice.
5. Unless otherwise agreed in writing the Client shall ensure that the credit line as cited on the invoice appears adjacent to all images used in editorial publications. If any Image reproduced by you for editorial purposes (i.e., for any non-promotional purpose) omits the credit line specified in Section 2 above, an additional fee equal to twenty percent (20%) of the original amount invoiced shall be payable by you.
6. Afripics warrants that the digital copy of the Image in the form downloaded by you to be free from defects in material and workmanship for 90 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the digital copy of the Image or a refund of the license fee paid by you in respect of the image concerned, at Afripics’ sole discretion. Afripics makes no other warranty, express or implied, including, without limitation, any implied warranties of merchantability or suitability for a particular use. Neither Afripics nor it’s suppliers shall be liable to you or any other person or entity for any general, special, direct, indirect, consequential, incidental, lost profits or other damages arising out of this license or otherwise.
6.1 No warranty is given by Afripics as to the existence of or validity of model or other releases in respect of any image.
6.2 Afripics gives no warranty as to the accuracy of any descriptions of images and the identification of subjects appearing in them and shall not be liable to the client for any inaccuracies.
6.3 Afripics does not warrant that consents to the use of names, trade marks, or works of art depicted in any image have been obtained and the Client must satisfy himself that all the necessary rights, consents, and waivers as required for Reproduction are obtained.
6.4 The client shall indemnify Afripics in respect of any claims, damages or loss or any costs arising in any manner from the use of any images which have been reproduced without effective releases, rights, consents.
6.5 Afripics shall not be liable for any loss or damage suffered by the Client or by any third party arising form any defect in any image or its caption or in any way from its reproduction.
6.6 Afripics is not liable for any indirect or consequential losses or expenses suffered by the Client, howsoever caused, and including, without limitation, loss of anticipated profits, goodwill, reputation, business receipts or contracts, or losses or expenses resulting from third party claims.
6.7 Afripics’ aggregate liability whether for negligence, breach of contract, misrepresentation or otherwise shall under no circumstances exceed the aggregate fees paid by the client to Afripics in respect of the images which gave rise to such liability.
7. Afripics images are sold on an as-is basis. Please ensure you examine each Image for possible digital defects before sending the Image for Reproduction. Afripics shall not be liable for any loss or damage suffered by you or any third party arising from any alleged or actual defect in any Image or in any way from it's Reproduction.
8. You may only use a single copy of the Image on a single computer. You may only download the Image onto one computer hard drive or other storage medium and may not otherwise make, use, share or distribute copies of the Image for any purpose. The image may not be used on any image storage device or computer network. All images and versions thereof must be deleted promptly from your computer or other electronic storage system when you are no longer in need of the Image.
9. If you request in writing to cancel the Invoice within seven days of receiving the Image, Afripics may cancel the Invoice and issue a credit to you less a cancellation fee equal to fifty percent (50%) of the license fee. This cancellation shall be subject to the receipt of a written declaration that you have not used the image in any way, and that you have irretrievably destroyed all copies of the image and derivations thereof.
10. If you have arranged to pay Afripics directly, and fail to pay the invoice in full within 30 days of the date on the invoice, Afripics shall add charge of two percent per month on any unpaid balance.
11. Any notice given hereunder shall be deemed to have been duly given and received if sent via email to the client’s email address as it appears in the Client’s registration details on Afripics.
12. The invalidity or unenforceability of any one of these terms does not affect or impair the continuation in force of the remainder of these terms.
13. No variation of any of these terms shall be effective unless agreed in writing by Afripics and the Client.
14. This agreement shall be governed and be construed in accordance with the laws of the Republic of South Africa. In the event of any dispute or difference arising between the parties hereto relating to or arising out of this agreement, including the implementation, execution, interpretation, rectification, termination or cancellation of this agreement the parties will forthwith meet to attempt to settle such dispute or difference, and failing such settlement within a period of 14 (fourteen) days, the said dispute or difference shall be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce ("ICC") by 1 (one) Arbitrator. Such Arbitration shall be held in Johannesburg, Republic of South Africa and shall be in accordance with the Rules of Procedure of the ICC in force at that time and conducted in the English language. The decision of the Arbitrator shall be final and the enforcement of
the Arbitration award may be requested by any party on application to any court having jurisdiction. All costs of arbitration will be met
by you, the client, including reasonable attorney‘s fees and other disbursements relating thereto. |
