Terms & Conditions

Website Terms of Use

Affordable Art SA (https://www.affordableart.co.za) copyrighted works belong to Affordable Art SA. Certain features of the www.affordableart.co.za website may be subject to additional guidelines, terms, or rules, which will be posted on https://www.affordableart.co.za in connection with such features.

All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

These Terms of Use describe the legally binding terms and conditions that oversee your use of www.affordableart.co.za. By logging into www.affordableart.co.za, you are complying with these terms and you represent that you have the authority and capacity to enter into these terms. You should be at least 18 years of age to access and use services on www.affordableart.co.za. If you disagree with any of the provisions of these terms, do not log into and/or use www.affordableart.co.za.

Accounts

Account Creation. For you to use www.affordableart.co.za, you have to start an account and provide information about yourself. You warrant that: (a) all required registration information you submit is truthful, up-to-date and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time by following the instructions on www.affordableart.co.za. Affordable Art SA may suspend or terminate your Account in accordance with our Terms of Use Policy.

Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You approve to immediately notify the Affordable Art SA support team of any unauthorized use, or suspected unauthorized use of your Account. Affordable Art SA cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Access to the Site

Subject to these Terms. Affordable Art SA grants you a non-transferable, non-exclusive, revocable, limited license to access www.affordableart.co.za solely for your own personal, non-commercial use.

Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the www.affordableart.co.za; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of www.affordableart.co.za; (c) you shall not access www.affordableart.co.za in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of www.affordableart.co.za may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of www.affordableart.co.za shall be subject to these Terms. All copyright and other proprietary notices on www.affordableart.co.za must be retained on all copies thereof.

Affordable Art SA reserves the right to change, suspend, or cease www.affordableart.co.za with or without notice to you. You approved that Affordable Art SA will not be held liable to you or any third-party for any change, interruption, or termination of www.affordableart.co.za or any part.

No Support or Maintenance. You agree that Affordable Art SA will have no obligation to provide you with any support in connection with Affordable Art SA.

Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in https://www.affordableart.co.za and its content are owned by Affordable Art SA or its Company’s suppliers. Note that these terms and access to www.affordableart.co.za do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights. Affordable Art SA and its suppliers reserve all rights not granted in these Terms.

User Content

User Content. “User Content” means any and all information and content that a user submits to www.affordableart.co.za. You are exclusively responsible for your User Content. You bear all risks associated with use of your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Affordable Art SA. Because you alone are responsible for your User Content, you may expose yourself to liability. Affordable Art SA is not obliged to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.

You hereby grant to Affordable Art SA an irreversible, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the www.affordableart.co.za website. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.

Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”: You agree not to use www.affordableart.co.za to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libellous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to: (i) upload, transmit, or distribute to or through www.affordableart.co.za any software intended to damage or alter a computer system or data; (ii) send through the www.affordableart.co.za website unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to www.affordableart.co.za, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to www.affordableart.co.za, whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of www.affordableart.co.za; or (vi) use software or automated agents or scripts to produce multiple accounts on www.affordableart.co.za, or to generate automated searches, requests, or queries to www.affordableart.co.za.

We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.

If you provide Affordable Art SA with any feedback or suggestions regarding www.affordableart.co.za, you hereby assign to Affordable Art SA all rights in such feedback and agree that Affordable Art SA shall have the right to use and fully exploit such feedback and related information in any manner it believes appropriate. Affordable Art SA will treat any feedback you provide to Affordable Art SA as non-confidential and non-proprietary.

You agree to indemnify and hold Affordable Art SA and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of (a) your use of , (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Affordable Art SA reserves the right to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of Affordable Art SA. Affordable Art SA will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Third-Party Links & Ads; Other Users

Third-Party Links & Ads. www.affordableart.co.za may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of Affordable Art SA, and Affordable Art SA is not responsible for any Third-Party Links & Ads. Affordable Art SA provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.

Other Users. Each www.affordableart.co.za user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that Affordable Art SA will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user, we are under no obligation to become involved.

You hereby release and forever discharge Affordable Art SA and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, Affordable Art SA

Cookies and Web Beacons. Like any other website, Affordable Art SA uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.

Google DoubleClick DART Cookie. Google is one of the third-party vendors on our site. It also uses cookies, known as DART cookies, to serve ads to our site visitors based upon their visit to www.affordableart.co.za and other sites on the internet. However, visitors may choose to decline the use of DART cookies by visiting the Google ad and content network Privacy Policy at the following URL – https://policies.google.com/technologies/ads

Our Advertising Partners. Some of advertisers on our site may use cookies and web beacons. Our advertising partners are listed below. Each of our advertising partners has their own Privacy Policy for their policies on user data. For easier access, we’ve shared the link to their Privacy Policies below.

  • Google

https://policies.google.com/technologies/ads

Disclaimers

www.affordableart.co.za is provided on an “as-is” and “as available” basis, and Affordable Art SA and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make no guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.

Limitation on Liability

To the maximum extent permitted by law, in no event shall Affordable Art SA or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use thereof, or incapability to use the site even if Affordable Art SA has been advised of the possibility of such damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty rand (ZAR R50.00). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use www.affordableart.co.za. We may suspend or terminate your rights to use www.affordableart.co.za at any time for any reason at our sole discretion, including for any use of www.affordableart.co.za in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use www.affordableart.co.za will be terminated immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Affordable Art SA will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated.

Copyright Policy

Affordable Art SA respects the intellectual property of others and asks that users of www.affordableart.co.za to do the same. In connection with www.affordableart.co.za, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online website www.affordableart.co.za who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of www.affordableart.co.za, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to our designated Copyright Agent: copyright@affordableart.co.za

  • your physical or electronic signature;
  • identification of the copyrighted work(s) that you claim to have been infringed;
  • identification of the material on our services that you claim is infringing and that you request us to remove;
  • sufficient information to permit us to locate such material;
  • your address, telephone number, and e-mail address;
  • a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to any misrepresentation of material fact in a written notification, automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

General

These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on www.affordableart.co.za. These changes will be effective immediately for new users of www.affordableart.co.za. Continued use of www.affordableart.co.za following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes

Electronic Communications. The communications between you and Affordable Art SA use electronic means, whether you use www.affordableart.co.za or send us emails, or whether Affordable Art SA posts notices on www.affordableart.co.za or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Affordable Art SA in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Affordable Art SA provides to you electronically satisfy any legal obligation that such communications would satisfy if it were in a hard copy.

Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of Affordable Art SA. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Affordable Art SA is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Affordable Art SA prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Affordable Art SA may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

Copyright/Trademark Information. Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on www.affordableart.co.za are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Free Package

With each visit to the Site you signify your agreement to these Terms. If you do not wish to be bound by these Terms, you are not granted authority to use or access the Site or any Affordable Art SA Material.

The definitions and rules of interpretation in this clause apply to the subscription times and rates.

The contract between Affordable Art SA and Customer for the use of the Services in accordance with these Conditions, together with any Documentation. Affordable Art SA may Process information about Customer’s configuration and use of the Free-Package Services (“Usage Data”), Customer Data and Account Data: (a) to manage Customer’s account; (b) to provide and improve the Free-Package Services and Support, including to address requests for Support and troubleshoot other issues; and (c) to provide Customer and Authorized Users insights, service and feature announcements and other reporting. Affordable Art SA may also Process Usage Data that has been aggregated and/or anonymized (including, for clarity, that does not allow a third party to identify Customer as the source of the information): (i) to develop new services and features and (ii) to promote Affordable Art SA’s services, including, for example, through analyses of patterns and trends. Affordable Art SA’s Processing of Usage Data, Customer Data and Account Data shall at all times be subject to Affordable Art SA’s obligations under this Agreement, including those of Security and Confidentiality under any applicable Supplemental Terms; and, with respect to Account Data, the Privacy Policy.

Business Day

A day other than a Sunday or public holiday in South Africa when banks are open for business.

Effective Date

The date the Services commence.

Free Package

The supply by Affordable Art SA to the user/customer of the Services on a free-use basis and without charge for an unlimited time, but with limitations in the number of listings provided under the free service.

Free-Trial Order

Means an order for Free-Package Services pursuant to this Agreement completed and submitted by Affordable Art SA online at the AffordableArt.co.za site and accepted by Affordable Art SA, including any Affordable Art SA registration for Free- Package Services, or executed by Affordable Art SA.

Free-package Services

Means (a) any Services made available by Affordable Art SA to the  customer free of charge under a Free- Package Order and (b) any alpha, beta or other pre-commercial releases of Affordable Art SA product or service (or feature of functionality of a product or service) made available by Affordable Art SA to customer free of charge under a Free- Package Order.

Month

Each full month (30 days) during the Subscription Term, commencing on the month day coinciding with the Effective Date day. Monthly shall be construed accordingly.

Paid Order

An order for Services submitted by customer online at the Affordable Art SA site and accepted by Affordable Art SA. If the customer enters into a Paid Order, Customer’s access and use of the applicable Services will be subject to the Master Subscription Agreement at www.affordableart.co.za, unless Affordable Art SA and the customer have separately executed a written agreement for the applicable Services, in which case that agreement will govern.

Paid Services

The Services to which Customer subscribes through, or otherwise uses following, a Paid Order. The Software services provided by Affordable Art SA to Customer under the Contract, as more particularly described in the Documentation.

Charges and Payment

  1. No Membership Fee shall be payable for the free package.
  2. Customer shall be required to set up a Customer account, if they which to continue with any the membership and services provided by Affordable Art SA.

 

Paid Memberships

  1. Unless otherwise agreed between the parties in advance, the membership Fee shall be payable Monthly in advance, based on chosen membership package for the following Month. Recurring packages will be billed for according to the date that the Subscription started from.
  2. Unless otherwise agreed between the parties in advance, by entering the Contract and setting up a Customer account, Customer hereby authorises Affordable Art SA to bill such credit card or debit card on or around the Effective Date and Monthly thereafter (until termination) for the Subscription Fees payable in respect of the membership.
  3. If, for any reason:
  4. the credit card details provided by Customer are invalid and / or Affordable Art SA is otherwise unable to take payment from Customer in respect of the membership Fee and
  5. Customer has not validly terminated the Contract under Terms of Termination. Affordable Art SA shall be entitled to invoice Customer for any membership Fee due and owing to Affordable Art SA by Customer.
  6. If Affordable Art SA has not received payment by the within 14 days after the due date, and without prejudice to any other rights and remedies of Affordable Art SA:
  7. Affordable Art may, without liability to Customer, disable Customer’s password, account and access to all or part of the Services and Recommend shall be under no obligation to provide any or all of the Services while any Subscription Fee and / or invoice(s) concerned remain unpaid; and
  8. interest shall accrue on a daily basis on such due amounts at an annual rate equal to 3% over the then current base lending rate of First National Bank from time to time, commencing on the due date and continuing until fully paid, whether before or after judgment.
  9. All amounts and fees stated or referred to in the Contract:
  10. shall be payable in South African Rand;
  11. are, subject to non-cancellable and non-refundable term and conditions;
  12. are exclusive of value added tax, which shall be added to Affordable Art SA invoice(s) at the appropriate rate.
  13. Affordable Art SA shall be entitled to increase the membership Fees giving not less than one month’s prior notice to Customer.

Terms of Termination

1 The Contract shall commence on the Free Trial Effective Date. Unless terminated earlier in accordance with the Contract shall continue for the 7-day free trial Subscription Term.

  1. If no notice to terminate is given, the Contract will terminate at the end of the 7-day Trial Period and to continue additional packages needs to be purchased.
  2. Subscription Term: The Subscription Term shall, unless terminated otherwise in accordance with (or by either party giving notice during the subscription month, giving not less than 30 days’ prior written notice to terminate the Contract before [the end of that Month]. The Contract will terminate at the end of the Month for which a valid notice period has expired.
  3. Without affecting any other right or remedy available to it, Affordable Art SA may terminate the Contract with immediate effect by giving written notice to Customer if:
  4. Customer fails to pay any amount due under the Contract on the due date for payment and remains in default not less than 7 days after being notified in writing to make such payment; or
  5. there is a change of control of the customer which, in the reasonable opinion of Affordable Art SA, risks adversely affecting Affordable Art SA rights under the Contract. On termination of the Contract
  6. Customer shall immediately cease all use of the Services.
  7. Affordable Art SA may destroy or otherwise dispose of any of the customer Data in its possession.
  8. Any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination shall not be affected or prejudiced. All image use licences granted under the Contract shall not be terminated and may be used in any media.

 

Contact Information

Address: Kensington, Johannesburg

Email: art@affordableart.co.za

15 / 05 / 2020

 

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