Terms Of Use

Introduction
 
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
 
Unless otherwise stated, Afrifocus and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
 
You must not:
  1. republish material from this website (including republication on another website);
  2. sell, rent or sub-license material from the website;
  3. show any material from the website in public;
  4. reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  5. edit or otherwise modify any material on the website; or
  6. redistribute material from this website
 
Acceptable use
 
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
 
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
 
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without African Reference Photos' express written consent.
 
You are expressly prohibited from compiling and using other Users' personal information, including addresses, telephone numbers, email addresses or other contact information that may appear on the website, for the purpose of creating or compiling marketing and/or mailing lists and from sending other Users unsolicited marketing materials,whether by facsimile, email, or other technological means.
 
Restricted access
 
Access to certain areas of this website is restricted. Afrifocus reserves the right to restrict access to other areas of this website at its discretion.If Afrifocus provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
 
Afrifocus may disable your user ID and password in Afrifocus's sole discretion without notice or explanation.
 
User content
 
In these terms and conditions, your "user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
 
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Afrifocus or a third party (in each case under any applicable law).
 
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. Afrifocus reserves the right to edit or remove any material submitted to this website, or stored on Afrifocus's servers, or hosted or published upon this website.
 
No warranties
 
This website is provided "as is" without any representations or warranties, express or implied. Afrifocus makes no representations or warranties in relation to this website or the information and materials provided on this website.
 
Without prejudice to the generality of the foregoing paragraph, Afrifocus does not warrant that:
  1. this website will be constantly available, or available at all; or
  2. the information on this website is complete, true, accurate or non-misleading.
 
Nothing on this website constitutes, or is meant to constitute, advice of any kind.
 
Links to Other Materials
 
The website may contain links to sites owned or operated by independent third parties. These links are provided for your convenience and reference only. Afrifocus do not control such sites and, therefore, is not responsible for any content posted on these sites.
 
Limitations of liability
 
Afrifocus s will not be liable to you in relation to the contents of, or use of, or otherwise in connection with, this website:
  1. to the extent that the website is provided free-of-charge, for any direct loss;
  2. for any indirect, special or consequential loss; or
  3. for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill,
  4. or loss or corruption of information or data.
These limitations of liability apply even if Afrifocus has been expressly advised of the potential loss.
 
Exceptions
 
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Afrifocus's liability in respect of any:
  1. fraud or fraudulent misrepresentation on the part of Afrifocus ; or
  2. matter which it would be illegal or unlawful for Afrifocus to exclude or limit, or to attempt or purport to exclude or limit, its liability.
 
Reasonableness
 
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.If you do not think they are reasonable, you must not use this website.
 
Indemnity
 
You hereby indemnify Afrifocus and undertake to keepAfrifocus indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Afrifocus to a third party in settlement of a claim or dispute on the advice of Afrifocus's legal advisers) incurred or suffered by Afrifocus arising out of any breach by you of any provision of these terms and conditions.
 
Breaches of these terms and conditions
 
Without prejudice to Afrifocus's other rights under these terms and conditions, if you breach these terms and conditions in any way, Afrifocus may take such action as Afrifocus deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website,contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
 
Variation
 
Afrifocus may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
 
Assignment
 
African Reference Photos may transfer, sub-contract or otherwise deal with African Reference Photos' rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
 
Severability
 
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
 
Entire agreement
 
These terms and conditions constitute the entire agreement between you and African Reference Photos in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
 
Law and jurisdiction
 
These terms and conditions will be governed by and construed in accordance with the laws of South Africa, and any disputes relating to these terms and conditions will be subject to the jurisdiction of the courts of South Africa.
 
Afrifocus's details
 
Afrifocus is owned by and published by Andrew James Macaskill.
 
Afrifocus's physical address is 61 Curry's Post Road, Howick, 3209, KZN, South Africa and postal address is P.O. Box 6026, Howick/Fairways on Main, HOWICK, 3290, South Africa.You can contact Afrifocus by using the website's Contact Form.
 
About these website terms and conditions
 
We created this website terms and conditions with the help ofa Contractology template available at www.freenetlaw.com. Other forms available from Contractology include exclusive distribution agreements.