Website Terms and Conditions


Our Terms and Conditions – 25 January 2024
Website Terms of Use Policy July 21
INTRODUCTION
These are the general terms of the relationship between:

  • You – the website visitor; and Us – Gareth Owen Photography also known as Gareth Owen Photography – the website
    owner.
    They cover any use of the website. You agree to be legally bound by the terms by
    visiting and using this website. Please do not use the website if you do not agree to the
    terms and conditions.
  1. DEFINITIONS AND INTERPRETATION
    Definitions
    In the agreement:
    Terms mean the terms, consisting of:
  • these terms of use; and any other relevant specific terms, policies, disclaimers, rules, and notices agreed
    to between the parties, (including any that may be applicable to a specific section
    or module of the website).
    We, us, or our means our organisation, the owner of the website and includes our
    officers, agents, employees, owners, co-branders, and associates where the terms
    limit or exclude our liability.
    You or your means any visitor to this website, including any other person, website,
    business, or agent (including any virtual or robotic agent) associated with the visitor.
    Interpretation
    If the meaning of any general term’s conflicts with any other relevant specific terms,
    the specific terms will apply. Specific terms, such as our terms of service, privacy
    policy, or security policy apply to specific sections of the website.
  1. USE OF THIS WEBSITE
    License
    We grant you a limited licence to use this website on these terms. We may cancel
    your licence at any time for any reason. Your license is automatically cancelled if you
    do not get our written permission before using this website in a way these terms do
    not allow.
    Breach
    If you breach any of the terms or infringe any other person’s rights (including
    copyright), we may cancel your license, block you from using the website, claim specific
    performance or damages against you, and take any other steps the law allows, without
    affecting our rights.
    Framing and linking
    You may not frame this website or any of its pages. You may only link to the home
    page of this website. You may not deep link (link to any other page) or link in any
    way that could suggest that we endorse or support you, or that you have any rights in
    our website or intellectual property, unless we have given you written permission to
    do so.
    Virtual agents
    You may not use any technology (including spiders, crawlers, bots and similar virtual
    agents) to search or gain any information from this website, unless we have given you
    permission to do so.
    Capacity
    You promise that you are entitled to visit this website and agree to the terms
    because you:
  • Are at least 18 (or regarded as legally as an adult), and have the legal right and
    capacity to do so; or
  • Are not 18 yet but have permission from your parent (or legal guardian) to
    do so.
    Accurate Information
    You promise that you will only give accurate information to us and this website.
    Intellectual Property
    Ownership
    Except as provided to the contrary in the agreement, all rights, title, interest, and
    ownership (including all rights under all copyright, patent, and other intellectual
    property laws) in, to, or of this website are our sole property or will vest in us or a
    third-party licensor. All moral rights are reserved.
    Trademarks
    Our logo and sub-logos, marks, and trade names are our trademarks and
    no person may use them without our permission. Any other trademark or
    trade name that may appear on our marketing material is the property of
    its respective owner.
    Copyright
    The User is granted a limited, revocable, and non-exclusive right to create a hyperlink
    to the Website. So long as the link does not portray us, our affiliates, Goods or
    Services in a false, misleading, derogatory, or otherwise offensive manner. A User
    may not use our logo or other proprietary graphic or trademark as part of the link
    without our permission or the permission of our affiliates or content suppliers.
    Restrictions
    Except as stated under the agreement, none of the contents may be reverse
    engineered, copied, reproduced, distributed, republished, downloaded, displayed,
    posted, used to make derivative works or transmitted in any form or by any means,
    including but not limited to electronic, mechanical, photocopying, recording, or
    otherwise, except as permitted by the fair use privilege under the South African
    copyright laws or without our prior written permission, which should such consent be
    provided, we reserve our right to withdraw such consent at any stage, in our sole and
    absolute discretion.
    LIMITS TO OUR LIABILITY
    Own risk
    We provide the website “as is”. We do not give any express or implied
    warranty or make any other promise about this website. For example, we
    do not warrant that it is good quality, fit for any particular purpose,
    accurate, complete, up-to-date, legally effective or secure. We also do not
    warrant that it is free of latent defects, errors, malicious software or
    infringing content, or that you will have quiet or uninterrupted use of it.
    Indemnity
    You indemnify (or promise to protect) us against any claim, demand, loss,
    damage, cost, or liability (including reasonable attorneys’ fees) related to
    your use of this website.
    Delivererables
    We cannot guarantee or warrant that any file downloaded from the Website or
    delivered to you via email or FTP cloud based 3rd party software will be free of
    infection or virus, worms, trojan horses or other code that has contaminating or
    destructive qualities. A User is responsible for implementing appropriate processes,
    systems and procedures to protect itself from this type of issue.
    Faults
    We will do our best to fix any fault in this website as soon as reasonably
    practical after we find out about it. This is the limit of our responsibility and
    liability for any fault in the website.
    Direct damages limited
    If the previous clause does not apply for any reason, our maximum liability
    to you for all claims for direct damages is R100. This limit applies whether
    a claim is based on contract, delict (tort) or any other legal cause of
    action.
    Indirect damages
    We will never be responsible for any indirect or consequential damages or
    losses, even if we should have foreseen them. These may include any
    loss of profit, loss of goodwill, loss of use or damages related to lost or
    damaged data.
    Other websites
    The Website may contain links or portals to other websites. We have no control
    over websites operated by third parties and the User agrees that we are not
    responsible for and will have no liability in connection with a User’s access to or
    use of any third-party website.
    General
    Entire agreement
    The terms are the entire agreement between the parties on the subject.
    Changes to the website
    We may change or stop publishing this website without notice and will not
    be responsible for any consequences.
    Changes to the terms
    We may change the terms at any time by placing a notice on this website
    or updating this web page. If you do not agree with the change, you must
    stop using this website or the changed terms will apply to you.
    Facts about the website
    If an administrator of this website signs a letter confirming any fact related
    to the website, that letter is conclusive proof of its contents. These may
    include the version of the terms that apply to any dispute, or what content
    or functions the website had at a particular time or date.
    Waiver
    We never waive (give up) our rights, even if we allow you any favour or
    extension of time, or we delay enforcing our rights against you.
    Severability
    Any term that is invalid, illegal, or cannot be enforced must be regarded as
    deleted. The remaining terms continue as intended.
    Law and jurisdiction
    South African law and conditions (such as time and date) govern the
    terms. Only the South African courts may decide any dispute about the
    terms.