Terms and Conditions for use of this Website
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE.
1. OWNERSHIP
The logo and name "artess", all content including but not limited to images available for licensing
is the Copyright © of Tessa Marais. The Website including but not limited to its design, graphics,
selection and arrangement is the Copyright © of Tessa Marais. Trademarks and brands may not be reproduced or
appropriated in any manner without the written permission of their respective owners.
Use of any material contained on this Website is strictly prohibited for use on any other Internet site.
Any link established with this site shall not permit you to use our or third party content names logos images or
trademarks unless separately agreed to in writing by the relevant rights-holder. When this Website contains links
to other sites we have provided such links for your convenience only and are not responsible for the content of
any such site linked to or from this Website and we disclaim all warranties express or implied as to the accuracy
legality reliability or validity of any content on any other site.
2. DISCLAIMER
This Website and its contents are provided without any representations or warranties of any kind either express or
implied. We disclaim all representations and warranties including by way of example but not limitation as to fitness
for a particular purpose to the fullest extent permitted by applicable laws.
We do not represent or warrant that the information and/or facilities accessible via this Website are accurate complete
or current or that this Website will be free of defects including, but not limited to viruses or other harmful elements.
You, the User, assume all costs arising as a result of the use of this Website.
3. VIOLATION OF RIGHTS
Any uses of any or all the materials on this Website including reproduction modification distribution or
republication is strictly prohibited and is a violation of Tessa Marais's proprietary rights. Tessa Marais retains
all right title interest and intellectual property rights. You may not distribute sell or transmit any material and
you are not permitted to alter modify or adapt the material including but not limited to translating decompiling reverse
engineering or creating derivative works of the software and all copyright trade mark and other proprietary notices
displayed on any item must remain intact.
4. PRIVACY AND SECURITY
We take the privacy of all our customers and Website users very seriously and take great care with the information we
obtain but we will collect and use that data. By using this Website you consent to us collecting and using personal
information about you in accordance with the terms set out herein. Any personal data relating to you will be used and
recorded by us in accordance with current data protection legislation.
We take the security of all your personal information seriously however Internet transmissions are never completely
private or secure. As this Website may contain links to other Websites we recommend that you check the privacy and
security policies and procedures of all such other Websites you visit. You understand that any message or information
you send to this Website may be read or intercepted by others unless there is a special notice that a particular message
is encrypted.
5. INDEMNITY
You agree to indemnify, defend and hold Tessa Marais harmless from and against any and all liability and costs including
without limitation legal fees and costs incurred by the Indemnified Parties in connection with any claim arising out of
any breach by you of these Terms. You will co-operate as fully as reasonably required by us in our defence of any claim.
We reserve the right at our expense to assume the exclusive defence and control of any matter and you shall not in any
event settle any matter without our written consent. Those who choose to access this Website do so at their own risk and
are responsible for compliance with all local laws to the extent any such local laws are applicable.
6. SUSPENSION AND TERMINATION OF SERVICE
Without prejudice to these terms and conditions we may suspend or discontinue this Website and service or your access to
the same or any other site at any time with or without cause and with or without notice. Additionally by using this Website
you accept that the Internet uses elements and relies upon services input and facilities which are not within our control
or that of Tessa Marais and if we or they are totally or partially prevented or delayed in the performance of any of our
or their obligations in providing a particular service such a situation will constitute force majeure and we or they shall
be excused the performance for so long as such a situation endures.
We reserve the right to suspend or terminate any use by you of this Website where it appears to us that your use is in
breach of these Terms including the provision of false registration details or other misuse of the services offered
through this Website and we may pursue any other remedy legally available to us if you fail to comply with any of your
obligations contained in these Terms.
7. WAIVER
Any waiver of any provision of these Terms must be in writing signed by us to be valid. A waiver of any provision herein
shall not operate as a waiver of any other provision or a continuing waiver of the same provision in the future. If any
court of competent jurisdiction finds any provision of these terms to be void or unenforceable for any reason then such
provision shall be ineffective to the extent of the court's finding without affecting the validity and enforceability of
any remaining provisions.
These Terms represent the entire understanding and agreement between the parties relating to the subject matter herein and
supersede any prior understandings or agreements.
8. AMENDMENT TO THESE TERMS AND CONDITIONS
We may add to change or remove any part of these Terms at any time without notice and any changes to these Terms or any
terms shown on this website apply as soon as they are shown and by continuing to use this website after any changes are
displayed you indicate your acceptance of those changes.