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TERMS AND CONDITONS

Credit: This document was created using a Contractology template available at http://www.contractology.com.

 

Introduction

 

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

 

You must be at least 16 years of age to use this website.  By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 16 years of age.

 

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to our Jenny Dean Wildflowers's use of cookies in accordance with the terms of Jenny Dean Wildflowers's Privacy Policy/cookies policy.

 

License to use website

 

Unless otherwise stated, Jenny Dean Wildflowers and/or its licensors own the intellectual property rights in the website and material on the website.  Images and photographs, unless otherwise indicated, are owned by and copyrighted to MOU Studio and they retain all rights to these materials. Images and photographs owned by MOU Studio do not fall under user content. Subject to the license below, all these intellectual property rights are reserved.

 

You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

 

You must not:

 

  • republish material from this website (including republication on another website) without the consent of the owner, unless the material is made shareable.

  • sell, rent or sub-license material from the website;

  • show any material from the website in public;

  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;

  • edit or otherwise modify any material on the website; or

  • redistribute material from this website except for content specifically and expressly made available for redistribution.

 

Where content is specifically made available for redistribution, it may only be redistributed on the various sharing sites indicated. 

 

Acceptable use

  • You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; 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 this website 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 this website without Jenny Dean Wildflowers's express written consent.

  • You must not use this website to transmit or send unsolicited commercial communications.

  • You must not use this website for any purposes related to marketing without Jenny Dean Wildflowers's express written consent.

 

Restricted access

  • Access to certain areas of this website may be restricted.  Jenny Dean Wildflowers reserves the right to restrict access to areas of this website, or indeed this entire website, at Jenny Dean Wildflowers's discretion.

  • If Jenny Dean Wildflowers provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. 

  • Jenny Dean Wildflowers may disable your user ID and password in Jenny Dean Wildflowers's sole discretion without notice or explanation.

 

User content

  • In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

  • You grant to Jenny Dean Wildflowers a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to Jenny Dean Wildflowers 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 Jenny Dean Wildflowers or a third party (in each case under any applicable law). 

  • You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints.

  • Jenny Dean Wildflowers reserves the right to edit or remove any material submitted to this website, or stored on Jenny Dean Wildflowers's servers, or hosted or published upon this website.

  • Notwithstanding Jenny Dean Wildflowers's rights under these terms and conditions in relation to user content, Jenny Dean Wildflowers does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

 

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  Jenny Dean Wildflowers makes no representations or warranties in relation to this website or the information and materials provided on this website. 

Without prejudice to the generality of the foregoing paragraph, Jenny Dean Wildflowers does not warrant that:

 

  • this website will be constantly available, or available at all; or

  • the information on this website is complete, true, accurate or non-misleading.

 

Nothing on this website constitutes or is meant to constitute, advice of any kind.  (If you require advice in relation to any (legal, financial or medical) matter you should consult an appropriate professional).

 

Limitations of liability

Jenny Dean Wildflowers will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

 

  • to the extent that the website is provided free-of-charge, for any direct loss;

  • for any indirect, special or consequential loss; or

  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

 

These limitations of liability apply even if Jenny Dean Wildflowers has been expressly advised of the potential loss.

 

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in this website disclaimer will exclude or limit Jenny Dean Wildflowers's liability in respect of any:

 

  • death or personal injury caused by Jenny Dean Wildflowers's negligence;

  • fraud or fraudulent misrepresentation on the part of Jenny Dean Wildflowers; or

  • any matter which it would be illegal or unlawful for Jenny Dean Wildflowers to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 

If you do not think they are reasonable, you must not use this website.

 

Other parties

You accept that, as a limited liability entity, Jenny Dean Wildflowers has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Jenny Dean Wildflowers's officers or employees in respect of any losses you suffer in connection with the website.

 

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Jenny Dean Wildflowers's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Jenny Dean Wildflowers.

 

Unenforceable provisions

If any provision of this website disclaimer is or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

Indemnity

You hereby indemnify Jenny Dean Wildflowers and undertake to keep Jenny Dean Wildflowers indemnified against any losses, damages, costs, liabilities and expenses including without limitation legal expenses and any amounts paid by Jenny Dean Wildflowers to a third party in settlement of a claim or dispute on the advice of Jenny Dean Wildflowers's legal advisers incurred or suffered by Jenny Dean Wildflowers arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

 

Breaches of these terms and conditions

Without prejudice to Jenny Dean Wildflowers's other rights under these terms and conditions, if you breach these terms and conditions in any way, Jenny Dean Wildflowers may take such action as Jenny Dean Wildflowers deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

Variation

Jenny Dean Wildflowers may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

 

Assignment

Jenny Dean Wildflowers may transfer, sub-contract or otherwise deal with Jenny Dean Wildflowers's rights and/or obligations under these terms and conditions 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 and conditions. 

 

Severability

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 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.

 

Entire agreement

These terms and conditions, together with our Privacy Policy (which includes our Cookies Policy), Copyright Notice, Linking Policy, Website, Disclaimer, Anti-spam Policy, and Legal Disclaimer,  constitute the entire agreement between you and Jenny Dean Wildflowers in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

 

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with South African law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of South Africa.

COPYRIGHT NOTICE

Copyright © 2014 Jenny Dean Wildflowers

Credit: This document was created using a Contractology template available at http://www.contractology.com.

 

Ownership of copyright

The copyright in this website and the material on this website (including without limitation, unless otherwise indicated, the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by Jenny Dean Wildflowers (and its licensors). Images and photographs, unless otherwise indicated, are owned by and copyrighted to MOU Studio and they retain all rights to these materials. Images and photographs owned by MOU Studio do not fall under user content. 

 

Copyright license

Jenny Dean Wildflowers grants to you a worldwide non-exclusive royalty-free revocable license to:

 

  • view this website and the material on this website on a computer or mobile device via a web browser;

  • copy and store this website and the material on this website in your web browser cache memory; and

  • print pages from this website for your own personal and non-commercial use.

 

Jenny Dean Wildflowers does not grant you any other rights in relation to this website or the material on this website.   In other words, all other rights are reserved.

 

For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without prior written permission of Jenny Dean Wildflowers's and/or owner/s of other material.

 

Data mining

The automated and/or systematic collection of data from this website is prohibited.

 

Permissions

You may request permission to use the copyright materials on this website by writing to jenny@jennydeanwildflowers.co.za

 

Enforcement of copyright

Jenny Dean Wildflowers takes the protection of its copyright very seriously.

If Jenny Dean Wildflowers and/or the owner/s of the images/photographs discovers that you have used its copyright materials in contravention of the license above, Jenny Dean Wildflowers and/or the owners of the images/ photographs may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials.  You could also be ordered to pay legal costs.

If you become aware of any use of Jenny Dean Wildflowers's copyright materials that contravene or may contravene the license above, please report this by email to jenny@jennydeanwildflowers.co.za

Infringing material

If you become aware of any material on the website that you believe infringes your or any other person's copyright, please report this by email to jenny@jennydeanwildflowers.co.za

LINKING POLICY

Credit: This document was created using a Contractology template available at http://www.contractology.com.

 

Status of linking policy

This linking policy is intended to assist you when linking to this website. By using this website you agree to be bound by the terms and conditions of this linking policy.

 

Links to this website

  • Links pointing to this website should not be misleading. 

  • Appropriate link text should always be used.

  • From time to time the URL structure of this website may be updated, and unless Jenny Dean Wildflowers agrees in writing otherwise, all links should point to www.jennydeanwildflowers.co.za

  • You must not use the Jenny Dean Wildflowers logo to link to this website (or otherwise) without Jenny Dean Wildflowers's express written permission.

  • You must not link to this website using any inline linking technique.

  • You must not frame the content of this website or use any similar technology in relation to the content of this website.

 

Links from this website

This website includes links to other websites owned and operated by third parties.  These links are not endorsements or recommendations. 

Jenny Dean Wildflowers has no control over the contents of third party websites, and Jenny Dean Wildflowers accepts no responsibility for them or for any loss or damage that may arise from your use of them.

 

Removal of links

You agree that should Jenny Dean Wildflowers request the deletion of a link to our website that is within your control, you will delete the link promptly.

If you would like Jenny Dean Wildflowers to remove a link to your website that is included on this website, please contact Jenny Dean Wildflowers using the contact details below.  Note that unless you have a legal right to demand removal, such removal will be at our discretion.

Changes to this linking policy

 

Jenny Dean Wildflowers may amend this linking policy at any time by publishing a new version on this website.
Should you have any questions about this linking policy, please contact Jenny Dean Wildflowers using the details set out below: jenny@jennydeanwildflowers.co.za

LEGAL DISCLAIMER

Credit: This document was created using a Contractology template available at http://www.contractology.com.  

 

No advice

This website contains general information about legal matters.  The information is not advice, and should not be treated as such.

 

Limitation of warranties

The legal information on this website is provided “as is” without any representations or warranties, express or implied.  JENNY DEAN WILDFLOWERS makes no representations or warranties in relation to the legal information on this website. 

Without prejudice to the generality of the foregoing paragraph, JENNY DEAN WILDFLOWERS does not warrant that:

 

·         the legal information on this website will be constantly available, or available at all; or

·         the legal information on this website is complete, true, accurate, up-to-date, or non-misleading.

 

Professional assistance

You must not rely on the information on this website as an alternative to legal advice from your attorney or other professional legal services provider.  

If you have any specific questions about any legal matter you should consult your attorney or other professional legal services, provider.

You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.

 

Liability

Nothing in this legal disclaimer will limit any of our liabilities in any way that is not permitted under applicable law or exclude any of our liabilities that may not be excluded under applicable law.

 

If you become aware of any material on the website that you believe infringes your or any other person's copyright, please report this by email to jenny@jennydeanwildflowers.co.za

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