TERMS AND CONDITIONS

By using the Website, you are indicating your acceptance to be bound by these Terms and Conditions. 
If the User does not wish to be bound by these Terms and Conditions, the User may not access Content obtained at the Website.

Definitions

‘Website’ means the Nostalgic Africa Imagery website at www.nostalgicafrica.com.

‘User’ means anyone accessing and making use of the Content and services offered by the Website.

‘Provider’ means Nostalgic Africa Imagery (Pty) Ltd who is responsible for the Contents, Products and services offered by the Website.

‘Product’ means items offered by the Website for purchase including but not limited to video clips and images showcased (images purchased as digital downloads and canvas prints).

‘Content’ means all aspects comprising the Website including but not limited to Products, software, databases, text, graphics, icons, logos, hyperlinks, private information, designs and agreements.

‘Commercial’ means the use or duplication of Content or Products offered by the Website, where this use or duplication extends beyond personal use, and specifically where the User intends to gain personally (financially or otherwise) from such use or duplication.

  1. General

1.1. The headings of the clauses is provided for convenience and ease of reference only and will not be used to interpret, modify or amplify the terms of the conditions.

1.2. No failure or delay by Nostalgic Africa Imagery to exercise any of its rights will be construed as a waiver of any such right, whether this is done expressly or implied, nor will it affect the validity of any part these Terms and Conditions or prejudice our right to take subsequent action against the User.

1.3. Users are encouraged to inform Nostalgic Africa Imagery of any Content that may be offensive or illegal.

1.4. These Terms and Conditions of use may be changed in the future without further notice. Your continued use of this Website after any such changes constitutes your acceptance of the new terms. Further, these Terms and Conditions apply exclusively to your access to, and use of, this Website and do not alter in any way the terms or conditions of any other agreement you may have with Nostalgic Africa Imagery for Products, services or otherwise.

  1. Privacy Statement

Nostalgic Africa Imagery believes strongly in protecting User privacy. Please refer to our Privacy Policy at the end of these Terms and Conditions for information about how Nostalgic Africa Imagery uses and collects information.

  1. Copyright

All rights not expressly granted are reserved. To obtain permission for the Commercial use of any Content on this Website, please contact Nostalgic Africa Imagery at +27(0)73 431 4006 or email info@nostalgicafrica.com.

  1. Intellectual Property Rights

All the content, copyrights, trademarks and data on this Website, including but not limited to software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Nostalgic Africa Imagery and as such are protected from infringement by local and international legislation and treaties.

  1. Website Access

5.1. This Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial or other purpose without the express prior written consent of the Provider.

5.2. The License does not allow the User to collect Product or service listings description or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another merchant.

5.3. The User may not link to or frame nor use framing technologies to enclose the Website or the Content nor any part thereof without the express written consent of the Provider.

5.4. The Provider and its affiliates or subsidiaries reserve the right to refuse services, terminate account, remove or edit Content, or cancel orders in their sole discretion.

5.5. Any unauthorized use terminates this license.

  1. User Access to the Website

In using this Website, you agree:

6.1. Not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers or networks connected to or accessible through the Website or affiliated or linked websites;

6.2. Not to disrupt or interfere with any other User’s enjoyment of the Website or affiliated or linked websites

6.3. Not to upload, post or otherwise transmit through or on this Website any viruses or other harmful, disruptive or destructive files;

6.4. Not to transmit through or on this Website spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;

6.5. Not to attempt to obtain unauthorized access to the Website or portions of the Website that is restricted from general access;

6.6. Users may not use the Website in such a way that is in violation of any applicable law or regulation;

6.7. Users are prohibited from violating or attempting to violate the security of Nostalgic Africa Imagery. Violations of system or network security may result in civil or criminal liability. Nostalgic Africa Imagery will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, national and international laws and regulations.

  1. Indemnification

You shall remain solely liable for the content of any messages or other information you upload or transmit to Nostalgic Africa Imagery. You agree to indemnify and hold harmless Nostalgic Africa Imagery from any claim, action, demand, loss or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these Terms and Conditions, or your violation of any rights of a third party.

  1. Submissions

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, or other information, provided by you in the form of email or submissions to Nostalgic Africa Imagery, or postings on this Website, are non-confidential and shall become the sole property of Nostalgic Africa Imagery. Nostalgic Africa Imagery shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Nostalgic Africa Imagery irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity.

  1. Email Disclaimer

9.1. The information in all email messages (document and attachments) sent by an employee / electronic agent / a member of Nostalgic Africa Imagery is confidential and may be legally privileged. The information transmitted is intended only for the person(s) or entity to which it is addressed. If you are not the intended recipient(s), please notify the sender immediately and then delete this email (document and attachments). Do not disclose the contents of this email (document and attachments) to any other person, nor make any copies thereof.

9.2. Internet communications cannot be guaranteed to be secure or error-free. Neither Nostalgic Africa Imagery nor the sender accepts liability for any errors or omissions in the contents of this message which arise as a result of email transmission. If verification is required, please request a hard copy version. Also take notice that this email can possibly contain viruses and that the recipient is responsible for checking and deleting viruses. In no event will Nostalgic Africa Imagery or the sender be liable to anyone for any indirect, special, consequential or direct damages arising from this document and attachments or any use thereof.

9.3. No employee is authorised to conclude a binding agreement on behalf of Nostalgic Africa Imagery by email without the express written confirmation of a director of Nostalgic Africa Imagery. Nothing contained in this email shall be construed as a legally binding agreement or an offer to contract.

  1. Payment Options

10.1. Users have the currency option of either US Dollars ($) or South African Rands (ZAR). Indicated transactions will be in the currency chosen by the User as per the currency converter and confirmed at checkout. Transactions to be processed in US Dollars are processed via PayPal Holdings Inc, a registered systems operator and payment gateway in the United States (please see www.PayPal.com for their security policy), while transactions to be processed in South African Rands are processed via PayFast (Pty) Ltd, a registered systems operator and payment gateway in South Africa (please see www.PayFast.co.za for their security policy).

10.2. Default pricing of products and services is in US Dollars. The currency converter on the Website automatically updates systematically and may not provide a ‘live’ conversion to South African Rands. Checkout totals therefore may vary slightly between the Website and the payment gateway (PayFast) due to the time delays in the respective currency conversions. The total indicated by the payment gateway is considered the final amount due.

Payment must be confirmed, for your order to be processed!

  1. Choice of Law

11.1. This Website is controlled, operated and administered by the Provider from its offices within the Republic of South Africa.

11.2. Access to the Website from territories or countries where the Content of the Website is illegal, is prohibited.

11.3. The User may not use this Website in violation of South African export laws and regulations.

11.4. These Terms and Conditions shall be governed by the laws of South Africa, that User consent to the jurisdiction of the Witwatersrand High Court in the event of any dispute.

11.5. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall constitute the entire agreement between the Provider and the User with regards to the use of the Content of this Website.

  1. Shipping

Products can be delivered to major centers within South Africa and Internationally. Costs of shipping are additional to the Product prices displayed and are quoted as per a reliable and recognised global courier service.

  1. Stretch Mounting

Nostalgic Africa Imagery can arrange to stretch mount canvas print products for local (within South African) delivery only. This is done as an additional service and will only be arranged per special request by email to info@nostalgicafrica.com. Costs of stretch mounting are quoted as per our partnered service provider at the time.

  1. Cancellation, Returns & Refunds

14.1. In the event that the Products purchased and delivered are damaged you must report the damage to Nostalgic Africa Imagery within 5 working days of receipt of the Products. The Products then need to be returned to Nostalgic Africa Imagery and we will replace the Products within 30 working days upon our receipt of the damaged Products.

14.2. If you do not return the Products or fail to make them available for collection within 30 working days of your receiving the Products, you will be deemed to have accepted the Products and will be charged for your order.

14.3. Cancelled and/or returned orders are subject to the delivery charges. These charges must be paid by you. However, if the Products are found to be faulty in any respect, we will not expect you to pay the delivery charges.

14.4. Nostalgic Africa Imagery processes refunds to the credit card used at the time of purchase upon us receiving your returned shipment. Please allow 30 working days for the refund to appear on your credit card statement. If you have made payment by any other means we will transfer the refund via Electronic Funds Transfer.

  1. Shopping Basket

15.1. Placing a Product in a shopping basket or adding it to a wish list without completing the purchase cycle shall not:

  • Constitute or give rise to any agreement between Nostalgic Africa Imagery and Users cannot hold Nostalgic Africa Imagery liable if such Products are not available when the purchase cycle is completed later, and/or
  • Constitute an order for such a Product.

 

15.2. Nostalgic Africa Imagery may remove any service rendered and/or Products offered from the shopping basket at its sole discretion if no stock is available.

15.3. An agreement between Nostalgic Africa Imagery and a User shall only come into effect if and when:

  • A PayPal or PayFast payment reflects in the relevant Nostalgic Africa Imagery account; and
  • An acknowledgment of the transaction conclusion has been sent to you, the User, from the Website.

 

15.4. Nostalgic Africa Imagery reserves the right to refuse to accept and/or execute an order without giving any reasons therefore. Nostalgic Africa Imagery also reserves the right to cancel orders in whole or in part of Nostalgic Africa Imagery sole and absolute discretion. Nostalgic Africa Imagery shall only be liable to refund monies already paid by the User in the event that a refund is due as per Section 14 above.

15.5. Estimated time of dispatch of Products will be within 5 (five) working days of an acknowledgement of transaction conclusion being received by the User from the Website.

  1. Contact Details

In the event that a User needs to contact Nostalgic Africa Imagery for purposes relating to these Terms and Conditions, please use the following: telephone +27 (0)73 431 4006 or 
email info@nostalgicafrica.com.

  1. Privacy Policy

Nostalgic Africa Imagery is committed to protecting your privacy. This privacy policy applies to all the web pages related to this Website.

17.1. Information Gathered

  • All the information gathered in the online contact us, subscribe and order forms on the Website is used to personally identify Users that subscribe to this service or purchase from this Website. The information will not be used for anything other than that which is stated in the Terms & Conditions of use for this service.
  • Nostalgic Africa Imagery is the sole owner of the data collected through the Website. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement.

The Website may collect certain information about your visit, such as;

  • the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet;
  • the date and time you access the Website;
  • the pages that you access while at the Website and;
  • the Internet address of the website from which you linked directly to our Website.

This information is used to help improve the Website, analyse trends, and administer the Website.

17.2. Credit Card Acquiring and Security

Credit card transactions will be acquired for Nostalgic Africa Imagery by PayPal Holdings Inc and PayFast (Pty) Ltd who are the approved payment gateways for this Website. No credit card details are stored on the Website. Users may go to www.PayPal.com and www.PayFast.co.za to view their security certificate and security policy. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. PayPal Holdings Inc and PayFast (Pty) Ltd internet servers are protected by firewalls and intrusion detection systems.

17.3. Customer Details separate from Card Details

Customer details will be stored by Nostalgic Africa Imagery separately from card details that are entered by the User on the PayPal and PayFast secure websites.

17.4. How can I as a User opt out of the service?

Many of the services available on the Website provide the User with the opportunity to opt out of receiving communications from us. In addition, in our email communications, we will have instructions on how to unsubscribe so that the User will not receive any future emails from us if the User so choose.

If you have trouble deactivating your registration or modifying your account or profile information, please email us at info@nostalgicafrica.com.

17.5. How can I update or correct my information?

If your personally identifiable information changes (such as your email address), or if you no longer desire our service, we will provide a way to correct, update or remove your personal data provided to us. This can be done by emailing info@nostalgicafrica.com.

17.6. Changes to the Privacy Policy

We may need to change this policy from time to time in order to address new issues and reflect changes on our Website. We will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone.

Please refer back to this policy regularly.

18. Domicilium

Nostalgic Africa Imagery (Pty) Ltd chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 51 Murano, 139 Curzon Road, Bryanston, Johannesburg, South Africa.