Website Terms of Use Policy September 05 2026
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.
2. 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.