Terms and Conditions

TERMS AND CONDITIONS - WEBSITE


1. INTRODUCTION


1.1 These terms and conditions shall govern your use of our website and the materials.


1.2 By using the website and the materials, you accept these terms and conditions inful, accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must refrain from using the website.


1.3 You must be at least 13 years of age to use the website, by using the website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 13 years of age.  If you are under the age of 18, your parent or legal guardian will have to review these terms and conditions.  If you are the parent of the child or children under 18, you agree to these terms and conditions on behalf of yourself as well as your child or children by allowing your child or children to access and/or use the website and materials.


1.4 We will make every effort to keep the website up and running smoothly and secure.


2. COPYRIGHT NOTICE


Subject to the express provisions of these terms and conditions:


2.1 we, together with our licensors, own and control all the copyright and other intellectual property rights in the website and the materials on the website.  These materials include, but are not limited to, the design, layout, look, appearance, information, audio and graphics;

2.2 all the copyright and other intellectual property rights in the website and the materials on the website are reserved; and


2.3 All the trademarks reproduced on the website which are not our property, or licensed to us, are acknowledged on the website.



3. PERMISSION TO USE WEBSITE


3.1 You may:

3.1.1 view pages from the website in a web browser; and

3.1.2 stream audio and video files from the website using the media player on the website.


3.2 You may only use the website for your own personal use and may not use the website for any other purposes.


3.3 You may not edit or otherwise modify any materials on the website.


3.4 You may not sell, rent or sub-license any materials from the website, exploit any of the materials from the website for commercial purposes or redistribute the materials from the website.


3.5 We reserve the right to suspend or restrict access:

3.5.1 to the website and/or the materials;

3.5.2 to areas of the website and/or the materials; and/or 

3.5.3 to functionality of the website and/or the materials.


3.6 You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website and/or the materials.


3.7 Your use of any information or materials on the website is entirely at your own risk.


4. MISUSE OF THE WEBSITE


4.1 You may not use the website and/or the materials in any way or take any action that causes, or may cause:

4.1.1 damage to the website and/or the materials; or 

4.1.2 impairment of the performance, availability, accessibility, integrity or security of the website and/or materials.


4.2 You may not use the website and/or the materials in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.


4.3 You may not hack or otherwise tamper with the website and/or the materials.


4.4 You may not probe, scan or test the vulnerability of the website and/or the materials without our permission.


4.5 You may not circumvent any authentication or security systems or processes on or relating to the website and/or the materials.


4.6 You may not use the website and/or the materials to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.


4.7 You may not do anything that interferes with the normal use of the website and/or the materials.


5. LINKS TO OTHER WEBSITES


5.1 From time to time the website may include links to other websites.


5.2 These links are provided for your convenience to provide further information and does not signify that we endorse these websites.


5.3 We have no responsibility for the information and/or content of the linked websites.


5.4 We are only responsible for the information and/or contents displayed on our specific Facebook page and YouTube channel, that is reasonably within our control.


6. LIMITED WARRANTIES


6.1 We do not warrant, represent and/or guarantee:

6.1.1 the completeness, timeliness, suitability or accuracy of the information and the materials published on the website;

6.1.2 that the materials on the website is up to date;

6.1.3 that the website and/or materials will operate without fault; or

6.1.4 that the website or any materials on the website will remain available.


6.2 We reserve the right to discontinue or alter any or all of the website materials, at any time, without notice or explanation and you will not be entitled to any compensation or other payment upon the discontinuance or alteration of the website materials.


6.3 We reserve the right to stop publishing the website and/or the materials, at any time, without notice or explanation and you will not be entitled to any compensation or other payment.


6.4 To the maximum extent permitted by the applicable law, we exclude all representations and warranties relating to the subject matter of these terms and conditions, the website, the materials and the use of the website.


7. LIABILITY


7.1 The website and the information on the website are provided free of charge, therefore we will not be liable for any loss or damage of any nature.


7.2 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.


7.3 We will not be liable to you in respect of any loss or corruption of any data, database or software.


7.4 We will not be liable to you in respect of any special, indirect or consequential loss or damage.


7.5 You acknowledge that the information and/or materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.


8. BREACH OF THE TERMS AND CONDITIONS


8.1 Without prejudice to our other rights, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

8.1.1 temporarily suspend your access to the website and/or materials without warning;

8.1.2 temporarily suspend your access to the website and/or materials without warning;

8.1.3 permanently prohibit you from accessing the website and/or materials without warning;

8.1.4 block computers using your IP address from accessing the website and/or materials without warning; or

8.1.5 commence legal action against you, whether for a breach or otherwise.


8.2 Where we suspend, prohibit and/or block your access to the website and/or materials or to a part of the website and/or materials, you may not take any action to circumvent such suspension, prohibition and/or blocking.


9. VARIATION


9.1 We may revise these terms and conditions from time to time.


9.2 The revised terms and conditions shall apply from the date of publication on the website, and you hereby waive any right to have been notified of, or consent to, the revisions of these terms of conditions.


9.3 It is your responsibility to ensure that you have read the revised terms and conditions and your continued use of the website and/or materials after publications of the revised terms and conditions will be construed as acceptance of the revisions.


10. ASSIGNMENT


10.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions as we deem fit.


10.2 You may not assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions, except where you are a minor and/or under legal guardianship.


11. SEVERABILITY


11.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue to be in effect.


11.2 If any unlawful and/or unenforceable provision of these terms and conditions 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 to be in effect.


12. ENTIRE AGREEMENT


These terms and conditions shall constitute the entire agreement between us in relation to your use of the website and/or the materials and shall supersede all previous agreements between us in relation to your use of the website and/or the materials.


13. LAW AND JURISDICTION


13.1 These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa.


13.2 Any disputes relating to these terms and conditions must refer the dispute for resolution firstly by way of negotiation and in the event of that failing, by way of mediation and in the event of that failing, by way of Arbitration.  The reference to negotiation and mediations is a precondition to having the dispute resolved by arbitration.


13.3 If the dispute cannot be resolved as set out in paragraph 13.2, the dispute shall be subject to the jurisdiction of the High Court of the Republic of South Africa.


14. OUR DETAILS:


14.1 The website is owned and operated by African Plains Studios (Pty) Ltd with Registration Number 2021/71765/07 and stationed in Pretoria, Gauteng, South Africa.


14.2 You can contact us by email, using the email address published on the website.