Terms and Conditions

ACCEPTANCE OF TERMS:

The African Portrait Art permits the use of  www.theafricanportrait.com (website) subject to these terms and conditions. By using this website in any way, you shall be deemed to have accepted the Terms and Conditions unconditionally. You must not use this website if you do not agree with the Terms and Conditions. Your use of any accommodations offered by us will also be subject to applicable provisions of the Terms and Conditions. In the event of any conflict between the Terms and Conditions and any other and any other condition stipulated elsewhere, including in The African Portrait Art’s own output, the Terms and Conditions as contained herein will prevail.

Use of the website:

The contents of www.theafricanportrait.com, including any content, information, software, icons, text, links, graphics, lay-outs, images, sound clips, trade names, logos, trademarks and service marks are protected by law, including but not limited to copywrite and trademark law, and are owned by, or licensed to, The African Portrait Art. No license, or right, to any such content is granted to, or conferred upon you. Any unauthorised use, distribution or reproduction of said content is prohibited.

By entering this website, you agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the website, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, automatic device, or manual process to monitor or copy the pages of the website or the content contained herein, without proper written consent from an authorised The African Portrait Art representative (such consent is deemed given for standard search engine technology employed by internet search websites to direct internet users to the website). You may not use the website to distribute material, which is defamatory, offensive, contains hate speech, or is unlawful.

Disclaimer:

While The African Portrait Art takes reasonable measures to ensure that the contents of this website are accurate and complete, The African Portrait Art makes no representations or warranties, whether expressed or implied, as to the quality, timeliness, operation, integrity, availability, or functionality of this website, or as the accuracy, completeness, or reliability of any information on this website. The African Portrait Art reserves the right to make changes, corrections, and/or improvements to the information and, to the products and programs described in such information, at any time without notice.

The African Portrait Art will use reasonable endeavours to maintain the availability of the website, except during scheduled maintenance periods, and reserves the right to discontinue providing the website, service, or any part thereof with/without notice. Any person who accesses this website or relies on this website, or on the information contained within, does so at their own risk.

In addition to the disclaimers contained elsewhere in their terms and conditions, The African Portrait Art also makes no warranty or representation, expressed or implied. That the information or files available on this website are free of viruses, spyware, malware, trojans, destructive materials, or any other data or code which can corrupt, destroy, compromise, or jeopardise the operation, stability, security, functionality, or content of your computer system, network, hardware, or software in any way. The African Portrait Art does not accept any responsibility for any errors or omissions on this website.

Privacy policy:

The African Portrait Art has a strong commitment to providing excellent service to all our customers and visitors to this website, including respecting concerns about privacy. The African Portrait Art will explicitly ask when we need information that personally identifies you or allows us to contact you (personal information) Generally this information is requested when requesting a particular service. You agree to provide accurate and current information, and to not impersonate, or misrepresent, any person or entity, or falsely state, or otherwise misrepresent, your affiliation with anyone or anything.

The purpose for which the African Portrait Art will use your information are as follows: to transact with you via the website, or email, regarding purchases and reservations, to provide service to you via our website; to inform you of new features, services, special offers, and products (provided you have consented to receiving such marketing material); to enable us to process, validate, and verify reservations and requests for services, and for the purposes for which you specifically provided the information; to improve your experience on our website.

The African Portrait Art shall be entitled to disclose personal information if required to do so (a) to comply with applicable laws, or with legal processes served on The African Portrait Art; (b) to protect and defend the rights or property of The African Portrait Art, and (c) for the purposes of distributing same to various employees and/or third parties who assist The African Portrait Art in providing services to you and thus need to know your personal information in order to render a proper and efficient service to you. We will ensure that all such employees and/or third-party service providers that have access to your personal information are bound by appropriate, and legally binding confidentiality, and non-use obligations in regards to your personal information.

You are aware information and data is automatically collected through the standard operation of internet servers, and through the use of “cookies.” “Cookies” are small text files a website can use to recognise repeat user, facilitate the users ongoing access to, and use of, the website, and allow the website to track usage behaviour and compile aggregate data that will allow content improvements and targeted advertising. Cookies are not programs that come onto your system and damage files. Generally, cookies work by assigning a unique number to you that has no meaning outside the assigning site. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allow you to deny or accept the cookie feature; however, you should note that cookies may be necessary to provide you with certain features (e.g., customised delivery of our information) available on our websites.

WHILST THE AFRICAN PORTRAIT ART IS OF INTENT TO TAKE REASONABLE MEASURES TO KEEP PERSONAL INFORMATION ABOUT YOU CONFIDENTIAL, IT SHALL HOWEVER NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION.

The African Portrait Art will:

  • Security. Our website is hosted on a secure server and uses security measures to prevent interference by intruders.
  • treat your personal information as strictly confidential;
  • take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction, destruction or damage, alteration, disclosure or access;
  • promptly notify you if we become aware of any unauthorised use, disclosure, or processing of your personal information,
  • provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable request; and
  • upon your request, promptly return or destroy any and all personal information (subject to legislation)

We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
You have the right at any time to rectify the personal information collected and object to the processing of personal information (subject to legislation)

The personal information processed by The African Portrait Art will not be transferred to a third country or international organisation.

Payment options accepted:

Payment may be made via Visa, MasterCard, Diners or American Express credit/debit cards or by bank transfer into The African Portrait Art’s bank account, the details of which will be provided on request.

Credit card acquiring and security:

Credit card transactions will be acquired for The African Portrait via PayGate (Pty) Ltd who are the approved payment gateway for First National Bank (Rand Merchant Bank). PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

Customer details separate from card details:

Customer details will be stored by The African Portrait separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za

Merchant Outlet country and transaction currency:

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).