PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE
The African Interior (“We/Us”) is a business that sells art and is a company registered in South Africa, with company registration number2010/079512/23. Our address is 1 Charnwood Avenue, Zwaanswyk, Tokai Cape Town
You may not use the Website if you are under the age of 18 years.
It is now agreed as follows:
In this agreement, the following words shall have the following meanings, unless the context requires otherwise:
|“Copy or Publish”||with reference to any Works or Licensed Product, means copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license or sublicense in whole or in part, using any means, in any medium. It includes breaking up, changing, cropping or any other change or use as part of some other created work;
|“Intellectual Property Rights”
|means intellectual property rights owned by us and our artists, of every sort, whether or not registered or registerable in any country, including all Works or Licensed Products, intellectual property rights of kinds coming into existence after today; and including, among others, copyright, patents, trademarks, design rights, and database right, and all rights which are derived from those rights;|
|“Licence”||has the meaning given in paragraph 3;|
|means any product, material or thing offered for licence by us on the Website, whether or not bought by a User. A reference to “Licensed Product” shall be a reference to all or part of a Licensed Product or to a Licensed Product changed by you in any way;|
|means the user’s name, identity or passport number, physical address, postal address, e-mail address, telephone number/s, credit card details, banking details or any other information from which a person may be identified, which also includes information the site may collect about a user’s visit, such as: the name of the Internet service provider and the Internet Protocol (IP) address through which the user accesses the Internet; the date and time the user accesses the site; the pages that the user accesses while on the site; and the Internet address of Our Website from which the user linked directly to the Website;|
|“Restrictions on Use”||has the meaning given to it in Clause 4 of this Agreement;|
|“Third Party Owner”||means an owner of work which is not owned by us;|
|means all the related user interface; and sub-domains, Content, Marks and services, the “ Site”
|“Works”||Photographs, illustrations, sculptures, or any product or artistic work.|
In this agreement the following terms apply unless the context otherwise requires:
2.1 all Restrictions on Use shall be incorporated into this agreement no matter how communicated to the User;
2.2 a reference to a person includes a natural or juristic person, including but not limited to a human individual, a corporate entity and any organisation which is managed or controlled as a unit; it includes that person’s successors, legal representatives, permitted assignees and any person to whom rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that person;
2.3 in the context of permission, “may not” in connection with an action of the User, means “must not”;
2.4 the headings to the paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the interpretation;
2.5 any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
2.6 a reference to an act or regulation includes new laws of substantially the same intent as the act or regulation referred to;
2.7 a reference to ‘including’ or ‘includes’ will be construed to mean ‘including without limitation’;
2.8 this agreement applies to all supplies of Works by us. They prevail over any terms proposed by the User; and
2.9 this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. The Licence
3.1 Subject to the terms of this agreement, we grant to the User a personal, non-exclusive, right to use the Work purchased as they please as it becomes their property upon completion of the transaction (upon successful payment and delivery).
3.2 The User confirms that they have the capacity to enter into this agreement.
3.3 In entering into this contract the User has not relied on any representation or information from any source except our Website.
3.4 If any information the User gives to us is inaccurate, we will contact the user and give them 10 working days to correct the inaccuracies. If the user does not comply with this timeframe, we reserve the right to terminate the contract and reclaim any performance which has been made on our part.
3.7 The User agrees to comply with all “Restrictions on Use”(paragraph 4).
3.8 If, after purchasing Work, subject to certain Restrictions on Use, the User wishes to amend the Restrictions on Use, the User must submit such a request via email. We will respond to the request within 10 working days of receiving it and the User must wait for written approval and comply with any conditions of that approval before deviating from the Restrictions on Use as originally agreed.
3.9 No express or implied licence of the Licensed Product or any other material is granted to you other than the express Licence granted in this agreement.
4. Restrictions on Use
4.2 The User must not reproduce or sub-license any Works.
4.3 The User must not Copy or Publish any Works.
4.4 The User may not allow any other person to use any Works except in the situation or context for which the User has bought it.
4.5 The User may not represent or imply that the User is the owner or originator of any Works.
6. Third Party Owners and additional restrictions
Some Works offered for purchase on the Website are owned by Third Party Owners and not by Us. Where that is indicated, the following additional provisions apply:
6.1 the price of the Works includes a sum payable by us to the Third Party Owner;
6.2 the User has no obligation to make payment to the Third Party Owner;
6.3 We are the agent of the Third Party Owner and accept all obligations and liability to the User in connection with the Works on the Website;
6.4 the User remains liable to the Third Party Owner, through Us, for compliance with this agreement;
6.5 in any event when the User may be liable to the Third Party Owner for breach of this agreement, the User will indemnify Us for all cost and liability arising from Our relationship with the Third Party Owner, Our acting as his agent, or the User buying Works, owned by the Third Party Owner.
7. Release of third party rights
7.1 In some jurisdictions you may not use a human image without the consent of that person in any works. That may apply to any person or only to a model. The permission is generally known as a “release”. The User alone are responsible for obtaining any necessary release and for paying any fees due.
7.3 In any event, We give no warranty that any Works may be used without the permission or release of some person.
7.4 We are not liable to you in tort, delict, contract or other law, for any act or omission of a Third Party Owner.
7.5 Subject to the specific rights mentioned in this paragraph, we warrant that:
7.5.1 We have used our reasonable efforts to identify any person who may claim a right in a Works and have obtained any necessary release; and
7.5.2 We have used our reasonable efforts to obtain an indemnity on the User’s behalf from the Third Party Owner for expense and liability incurred by the User as a result of his failure to obtain the release of those third party rights.
9. Security of your payment card
9.1 We make reasonable commercial efforts to make the Website safe for Users to use. Card payments are not processed through pages controlled by Us. We use one or more online payment service providers who will encrypt the User’s card or bank account details in a secure environment.
9.2 All online credit card payments are processed by Yoco who are an approved payment gateway in South Africa. Yoco uses the strictest form of encryption namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on Our Website. Users may go to www.yoco.co.za to view their security policy.
9.3 If the User has asked us to remember their credit card details in readiness for their next purchase, We will securely store your payment details on our systems. These details will be fully encrypted and only used to process the User’s automatic monthly payments or other transactions which the User has initiated.
11. Disclaimers and limitation of liability
11.1 The law differs from one country to another. This paragraph applies so far as the applicable law allows.
11.2 Subject to sections 43(5) and 43(6) of Electronic Communications and Transactions Act, and to the extent permitted by law, our Website and all Licensed Products and Works on Our Website, are provided on an “as is” basis, and may include inaccuracies or typographical errors and providers, owners, suppliers, employees, directors, partners, affiliates and agents will not be liable for any damage, or loss or liability of any nature incurred by whoever as a result of any action or omission. We make no warranty or representation as to the availability, accuracy or completeness of the Licensed Product or Works, or any third party content accessible via an Internet link.
11.3 All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warranty or term cannot be excluded, then this sub-paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
11.4 We make no representation or warranty regarding the Licensed Product or Works including that it will be:
11.4.1 useful to the User;
11.4.2 of satisfactory quality;
11.4.3 fit for a particular purpose;
11.4.4 available or accessible, without interruption, or without error.
11.5 claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from the Website.
11.6 We do not guarantee that our site will be secure or free from bugs or viruses. We shall not be liable for any loss or damage caused by a virus or other technologically harmful material that may affect the User’s computer due to the User’s use of the Website.
11.7 The User agrees that in any circumstances when We may become liable to the User, the limit of our liability is the amount the User has paid Us for the Works or Licensed Products concerned. This applies whether your case is based on contract, tort, delict, or any other basis in law.
11.8 We shall not be liable to the User for any loss or expense which is:
11.8.1 indirect or consequential loss; or
11.8.2 economic loss or other loss of turnover, profits, business, or goodwill, even if such loss was reasonably foreseeable.
11.9 This paragraph (and any other paragraph which excludes or restricts our liability) applies to Our directors, officers, employees, subcontractors, agents, and affiliates as well as to Us.
11.10 If the User becomes aware of any breach of any term of this agreement by any person, please tell Us by email to firstname.lastname@example.org
11.11 Nothing in this agreement shall be construed as limiting or excluding our liability for death or personal injury caused by our negligence.
11.12 Please note that the Website may contain links to third-partyhird party websites supplying third party images and other goods or services. We have no control over the contents of those websites. Any dealings between the User and such third parties, including payment for and delivery of images, products or services and any other terms, conditions, warranties or representations, acts or omissions associated with such dealings, are solely between the User and the third party. We do not accept any responsibility for and The User agrees not to hold Us liable for any loss or damage of any kind incurred as the result of any such dealings. By using the Website, the User expressly relieves Us from any and all liability arising from the User’s use of any third-party website.
12. User Indemnifies Us
The User agrees to defend, indemnify and hold harmless Us and our officers, directors, employees and agents, against all costs, claims, damages, obligations, losses, liabilities, costs or debt, and expense (including but not limited to attorney’s fees) arising directly or indirectly from:
12.1 The User’s use of and access to the Website, Works, Content and Marks (as defined in paragraph 13 below);
12.2 The User’s failure to comply with the applicable law;
12.3 The User’s breach of this agreement;
12.4 any act, neglect or default by any agent, employee, licensee or customer of the User;
12.5 a contractual claim arising from the User’s use of the Licensed Products;
12.6 a breach of the Intellectual Property Rights of any person.
This defense and indemnification obligation will survive these terms and conditions and the User’s use of the Website.
13. Copyright and other Intellectual Property Rights
13.1 The content on the Website, including without limitation, the work, the text, software, scripts, graphics, photos, sounds, music, videos, and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Us, subject to copyright and other intellectual property rights under the law.
13.2 We expressly reserve all Intellectual Property Rights in and to the Website and art thereon and the User’s use of the Website is subject to such restrictions. The User must not use any materials and images from the Website in any manner that may infringe any Intellectual Property Rights, or other property rights of ours or any third parties; or reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party the Content contained thereon, in any way other than as expressly provided for in terms of the User’s purchase parameters set out in paragraph 5 without Our prior written consent. We reserve all rights not expressly granted in and to the Website and its content.
13.3 Should the User’s payment for the Work on the Website fail for whatever reason, the User’s rights to own the Work thereon shall immediately terminate and any use thereof whatsoever will be deemed transgression of these terms and conditions. In such an event, We reserve the right to take legal action at the User’s cost to prevent the User’s use or ownership of the Work.
13.4 The User agrees that at all times the User will:
13.3.1 not cause or permit anything which may damage or endanger Our title to any Works or other Intellectual Property Rights or the title of any Third Party Owner whose work has been made available to purchase on The Website;
13.3.2 notify Us of any suspected infringement of Intellectual Property Rights.
13.4 If We terminate the Licence on account of the User’s breach, the User agrees that the User will:
15. Miscellaneous matters
15.1 The parties undertake to provide to the other party their current land address, e-mail address, telephone, and fax numbers as often as they are changed together with all information that may be required to enable each party to fulfill its obligations under this contract.
15.2 We may, at our sole discretion, change this agreement or any part thereof at any time without notice.
15.3 The parties acknowledge and agree that this agreement has been jointly drawn by the parties and accordingly it should not be construed strictly against either party.
15.4 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
15.5 The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
15.6 Any obligation in this agreement intended to continue to have effect after termination shall so continue.
15.7 No failure or delay by any party to exercise any right, power, or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
15.8 When the User visits the Website or sends messages to Us by email, the User is communicating with us electronically. We communicate with the User by e-mail or by posting notices on the Website. The User agrees that all Our electronic communications satisfy any legal requirement that such communications be in writing.
15.9 Any communication to be served on either of the Parties by the other shall be delivered by hand, recorded delivery, by fax, or by e-mail. It shall be deemed to have been delivered:
(a) if delivered by hand: on the day of delivery;
(b) if sent by post to the correct address: within two working days of posting to an address in South Africa, four working days to any address in the European Union and eight working days to any other address;
(c) if sent by fax to the correct number: within 24 hours; and
(d) if sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
15.11 In the event of a dispute between the parties to this agreement, they undertake to attempt to settle the dispute by engaging in good faith with the other party before commencing arbitration or litigation.
15.12 This agreement does not give any right to any third party.
15.13 In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
15.14 This agreement shall be governed by the laws of the Republic of South Africa and exclusive jurisdiction of the courts of South Africa. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
15.15 The validity, construction, and performance of this agreement shall be governed by the laws of the Republic of South Africa and any dispute arising from it shall be litigated only in the Republic of South Africa. We choose as our domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 1 Charnwood Avenue, Zwaanswyk, Tokai Cape Town 7945.
These terms and conditions are effective as of October 2021.