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:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website
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.
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
Afrifocus may disable your user ID and password in
Afrifocus's sole discretion without notice or explanation.
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
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
Without prejudice to the generality of the foregoing paragraph, Afrifocus does not warrant that:
- this website will be constantly available, or available at all; or
- 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
Limitations of liability
will not be liable to you in relation to the contents of, or use of, or
otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or
anticipated savings, loss of contracts or business relationships, loss
of reputation or goodwill,
- or loss or corruption of information or data.
These limitations of liability apply even if Afrifocus has been expressly advised of the potential loss.
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:
- fraud or fraudulent misrepresentation on the part of Afrifocus ; or
- 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.
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
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
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.
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.
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.
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
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 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