Please read the following Website Legal Notice carefully as it contains the terms and conditions of usage of the Kirk West Photography website located at http://www.kirkwestphotography.co.za (“Website”) owned by Kirk West Photography as well as other important legal notices applicable to the end user accessing the Website (“User”) or (“You”).
WEBSITE LEGAL NOTICE
KIRK WEST PHOTOGRAPHY
1. Website Terms and Conditions of Usage
2. Kirk West Photography Information
1. WEBSITE TERMS AND CONDITIONS OF USAGE
The User’s (Your) usage of the online information services contained on the Website constitutes Your acceptance of the Terms and Conditions of Usage contained below and Your arising obligations towards Kirk West Photography. Kirk West Photography may amend these Terms and Conditions of Usage at any time by posting the amended Terms and Conditions on the Website. All amended terms shall automatically become effective immediately after they are posted on the Website and any subsequent use of the site shall be governed by such amended terms. This agreement was last revised on 01 September 2010. You are advised to regularly check these Terms and Conditions for any amendments or updates.
1.1 Limited Liability of Kirk West Photography: The User understands that usage of the Website is at the sole discretion and risk of the User. Kirk West Photography reserves the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability, and equipment needed for access or use. Notwithstanding the effort placed on maintaining the availability and accessibility of the Website, Kirk West Photography takes no responsibility for, and will not be liable for the Website being temporarily unavailable or inaccessible.
1.2 No Warranty: The information contained on the Website is provided by Kirk West Photography and/or its partners, members, suppliers or agents without warranty of any kind, expressed or implied, including (but not limited to) any implied warranties of reliability, fitness for any particular purpose, timeliness, sequence, completeness, non-infringement of third party rights and/or freedom from errors or inaccuracies.
1.3 Indemnification of Kirk West Photography: You agree to defend, indemnify and hold Kirk West Photography, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, damages, actions and liabilities including without limitation, your loss of profits, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Website or the software supporting/enabling the Website and reasonable legal and accounting fees, resulting from, or alleged to result from Your use of this Website or the software supporting/enabling the Website.
1.4 Unauthorised use of the Website: The User is permitted to use the Website for lawful purposes only. Unauthorised use of the Website includes posting or transmission of data which violates or infringes in any way upon the rights of Kirk West Photography or third parties, which is unlawful, defamatory or otherwise objectionable or which constitutes advertising of goods or services in the absence of written approval from Kirk West Photography. Unauthorised use of this Website may give rise to Kirk West Photography instituting a claim for damages against You and/or You may be found guilty of a statutory and/or criminal offence and/or be liable for civil damages.
1.5 Website Links: From time to time this Website may include links to other websites. These links are provided for Your convenience for the purposes of providing further information. Such links do not signify that Kirk West Photography endorses the website(s) linked to. You agree that Kirk West Photography shall have no responsibility or bear no liability in relation to the content of the linked website(s).You may not create a link to this Website from another website or document without Kirk West Photography’s prior consent in Writing, in which case the terms of Your linking to the Website shall be governed by the terms of your “Linking Agreement” with Kirk West Photography..
1.6 Applicable Law and Jurisdiction: This Agreement shall be governed by and be construed in accordance with the law of South Africa. Any dispute regarding this Agreement shall be referred to confidential arbitration in terms of the rules of the Arbitration Foundation of South Africa and such arbitration shall be conducted in English in Port Elizabeth.
1.7 Severability: If any provision of this Website Legal Notice is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Website Legal Notice, which shall remain in full force and effect.
1.8 Website Intellectual Property: This Website constitutes software and content (such as text, animation, photos, video, graphics, music, sound and voice) that is the intellectual property of Kirk West Photography and/or various third parties and subject to the intellectual property laws of South Africa. Further and to the extent that Kirk West Photography does not own specific content or such content falls within the public domain, Kirk West Photography may hold copyright in the selection, coordination, arrangement and enhancement of such information on the Website. No license to Kirk West Photography’s intellectual property or the intellectual property of third parties has been granted to You unless otherwise indicated. The software and content may not be used in violation of the intellectual property rights of Kirk West Photography and/or such third parties as applicable. Without limitation on the prohibitions placed on the User, the User expressly agrees not to:
1.8.1 commercially exploit, reproduce, distribute, transmit, display, publish or broadcast any Website content without the prior written authority of Kirk West Photography or in the case of third party content, the owner of that content;
1.8.2 the User agrees not to claim or convey ownership of Website content either in its entirety or otherwise;
1.8.3 modify the Website content for the purposes of reposting to other websites;
1.8.4 alter or remove any trademark, copyright or other notice from the Website content;
1.8.5 copy or otherwise incorporate Website content into or store in any other web site, electronic retrieval system, publication or other work in any form;
1.8.6 frame the Website or any part of the Website.
2. KIRK WEST PHOTOGRAPHY INFORMATION
The following table contains further information on Kirk West Photography and represents the information that must be provided by Kirk West Photography to You in compliance with Section 43 of the Electronic Communications and Transactions Act. This section of the Website Legal Notice was last revised on 24 August 2010. You are advised to regularly check this section of the Website Legal Notice for any amendments or updates.
1. The full name of Kirk West Photography:
Kirk West Photography
2. Kirk West Photography’s physical address and telephone number:
3. Kirk West Photography’s web site address and e-mail contact address:
4. Membership of any regulatory, self-regulatory or accreditation bodies to which Kirk West Photography belongs or subscribes:
5. The names of Directors:
6. The physical address where Kirk West Photography will receive legal service of documents:
7. Description of the main characteristics of the products or services offered by Kirk West Photography:
8. The full price of goods or services, including transport costs, taxes and any other fees or costs:
9. The manner of payment:
10. The terms of Agreement, including any guarantees, that will apply to the transaction and how those terms may be accessed, stored and reproduced electronically:
11. The time within which the goods will be dispatched or delivered or within which the services will be rendered:
12. The manner and period within which consumers can access and maintain a full record of the transaction:
13. The return, exchange and refund policy of that supplier:
14. Alternative Dispute Resolution Code:
You agree that in the event of a dispute or alleged breach of the terms hereof You will work together with Kirk West Photography in good faith to resolve the matter internally by escalating it to higher levels of management prior to resorting to arbitration.
3.1 The information we collect:
3.1.1 Kirk West Photography and/or its authorised technology agents automatically collect information about Your visit to the Website. This information is used to make Your visit to the Website more efficient, and analysis thereof facilitates improvements made to Your experience of the Website.
3.1.2 Our external Website hosting agents and service providers may also automatically log Your “IP address” which is a unique identifier for Your computer and/or other access device.
3.1.3 Further and to the extent necessary, Kirk West Photography may utilise Your Personal Information/Personal Information of your contacts where applicable. Personal Information is defined as per section 1 of the Promotion of Access to Information Act (No. 2 of 2000). Kirk West Photography will share your Personal Information only with third parties involved in the provision of the Website and Electronic Transaction facilities to You and where required to do so by law.
3.1.4 Kirk West Photography will not monitor, edit, disclose or sell any Personal Information to third parties other than required for the provision of the services and in the ordinary course of business.
3.1.5 You agree that Your submission of Your Personal Information indicates Your willingness for such information to be used as discussed herein.
3.2 Handling of Your Personal Information:
3.2.1 In the event that You submit Personal Information, such information shall be handled in accordance with the laws pertaining to the handling of Personal Information in South Africa.
3.2.2 To prevent unauthorised access, maintain data accuracy and ensure the appropriate use of information, Kirk West Photography has in place policies and procedures to protect the Personal Information Kirk West Photography collects about You.
3.2.3 Users acknowledge that records relating to the provision of Services and Personal Information may be required to be retained in terms of law, operational purposes and for evidential reasons by Kirk West Photography and Users expressly agree to such retention and necessary access to such records by authorised Kirk West Photography persons.
3.2.4 Your contact information and the contact information of third parties submitted by You may be used for communications such as marketing and distribution of newsletters with You and/or such third parties. This contact information is defined as per section 1 of the Promotion of Access to Information Act (No. 2 of 2000) and includes without limitation, names, e-mail addresses and/or the name of the respective person’s company.
3.2.5 You agree that your submission of your information indicates Your willingness for Your information to be used as discussed above.
3.3 Disclosure of personal information: Kirk West Photography may disclose personal information
3.3.1 to comply with the law or with legal process;
3.3.2 protect and defend Kirk West Photography‘s rights, equipment, facilities, and other property;
3.3.3 protect Kirk West Photography against misuse or unauthorised use of the Website; and/ or
3.3.4 protect other Website Users or third parties affected negatively by Your use of the Website.