Terms & Conditions of website

  1. Introduction
    These terms of use govern your use of our web site; by using our web site, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our web site.
  2. Licence to use web site
    Unless otherwise stated, we or our licensors own the intellectual property rights in the web site and material on the web site. Subject to the licence below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages (or other content) from the web site for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

    You must not:
    • republish material from this web site (including republication on another web site);
    • sell, rent or sub-license material from the web site;
    • show any material from the web site in public;
    • reproduce, duplicate, copy or otherwise exploit material on our web site for a commercial purpose;
    • edit or otherwise modify any material on the web site; or
    • redistribute material from this web site except for content specifically and expressly made available for redistribution (such as our newsletter). Where content is specifically made available for redistribution, it may only be redistributed within your organization.
  3. Acceptable use
    You must not use our web site in any way that causes, or may cause, damage to the web site or impairment of the availability or accessibility of the web site; 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 our web site 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 our web site without our express written consent.

    You must not use our web site to transmit or send unsolicited commercial communications.

    You must not use our web site for any purposes related to marketing without our express written consent.
  4. Restricted access
    Access to certain areas of our web site is restricted. We reserve the right to restrict access to areas of our web site, or indeed our whole web site, at our discretion. If we provide you with a user ID and password to enable you to access restricted areas of our web site or other content or services, you must ensure that that user ID and password is kept confidential. We may disable your user ID and password in our sole discretion without notice or explanation.
  5. User generated content
    In these terms of use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our web site, for whatever purpose. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights. 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 us or a third party (in each case under any applicable law). You must not submit any user content to the web site that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. We reserve the right to edit or remove any material submitted to our web site, or stored on our servers, or hosted or published upon our web site. Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our web site.
  6. Limited warranties
    Whilst we endeavor to ensure that the information on this web site is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the web site remains available or that the material on the web site is kept up-to-date.

    To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this web site and the use of this web site (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
  7. Limitations of liability
    Nothing in these terms of use (or elsewhere on our web site) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

    Subject to this, our liability to you in relation to the use of our web site or under or in connection with these terms of use, whether in contract, including negligence or otherwise, will be limited as follows:
    • to the extent that the web site and the information and services on the web site are provided free-of-charge, we will not be liable for any loss or damage of any nature;
    • we will not be liable for any consequential, indirect or special loss or damage;
    • we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;
    • we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;
  8. Indemnity
    You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use[, or arising out of any claim that you have breached any provision of these terms of use.
  9. Breaches of these terms of use
    Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the web site, prohibiting you from accessing the web site, blocking computers using your IP address from accessing the web site, contacting your internet service provider to request that they block your access to the web site and/or bringing court proceedings against you.
  10. Variation
    We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our web site from the date of the publication of the revised terms of use on our web site. Please check this page regularly to ensure you are familiar with the current version.
  11. Assignment
    We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use 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 of use.

  12. Severability
    If a provision of these terms of use 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.
  13. Exclusion of third party rights
    These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.
  14. Entire agreement
    These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our web site, and supersede all previous agreements in respect of your use of this web site.
  15. Law and jurisdiction
    These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the (non-)exclusive jurisdiction of the courts of South Africa.
  16. Our details
    The full name of our company is Grafika Web Studio. You can contact us by email to legal@grafika.co.za.