Terms & Conditions

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE YOU START TO USE OUR WEBSITE. BY USING ANY OF THE SERVICES OR FUNCTIONS OF THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS & CONDITIONS STATED BELOW, PLEASE DO NOT ACCESS OR USE THE REFLECTIONS OF AFRICA WEBSITE.

1. Acceptance of orders

All orders are accepted according to these terms and conditions. By using the Reflections of Africa website you accept these terms and conditions.

After processing an order, the print ready pdf file is kept on the Reflections of Africa server for as long as your account is active. This means that at any point in the future you can reorder a printed book. However we will only keep your raw data (your photos and editable photobook) for a period of 3 months after which that data will be deleted.

2. Copyright and content

All material and software belong to Reflections of Africa. All rights are reserved worldwide. It is strictly prohibited to redistribute copy or republish any of the material and software contained on the Reflections of Africa website. The Customer may only use this website to browse the content, compose a product online and make legitimate purchases and shall not use this website for any other purpose including, without limitation, to make any speculative, false or fraudulent purchase.

Words, names and designs used to identify services or products are considered trademarks, service marks, and /or logos. The same policy is applicable for copyrights. The Customer cannot use unlicensed copyrighted materials from photographers, artists, publishers, composers, writers, or any other authors of original works. The copyright owner's exclusive rights prohibit the reproduction of any original work. Reflections of Africa also state that The Customer cannot use explicit language or pornography on printed materials and merchandise.

The Customer is responsible for the content of their product/s that they submit to Reflections of Africa for printing. Reflections of Africa does not accept any liability for the copyright of the photos, graphics, logos and other content used in the products offered and ordered. The Customer must ensure that they are not breeching any copyright, patent, trademark or any other law before uploading a product to Reflections of Africa. The Customer is responsible for all possible consequences of unlawful use of protected data. The Customer must also ensure that the content of the product submitted complies with all legal requirements relating to obscenity, libel or any other matter. The Customer will be subject to the legal provisions of South Africa and any other relevant country. These terms and conditions shall be governed by and construed in accordance with the laws of South Africa. Any disputes arising under or in connection with these terms shall be subject to the non-exclusive jurisdiction of a court in South Africa.

Recognising the global nature of the Internet, The Customer agrees to comply with all local rules regarding online conduct and acceptable content. The Customer further agrees to not use the service to send, upload, post or otherwise transmit any content that contains (i) child pornography or anything indecent, obscene, lewd, lascivious, filthy or vile; (ii) a threat to kidnap or injure a person, a threat to injure the personal property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of South Africa, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of South Africa; (iv) any defamatory remarks directed at any other person or company; or (v) any content that infringes the intellectual property rights or other proprietary rights of Reflections of Africa or any third party. Reflections of Africa does not control the content posted by The Customers and does not guarantee the accuracy, integrity or quality of the content. Under no circumstances will Reflections of Africa be liable to The Customer in any way for any content, The Customer may be exposed to or that The Customer may find offensive, indecent or objectionable. Products and services are provided for The Customer’s personal use only. The Customer agrees to abide by these terms of service and not to use these products and services or related messages for any unsolicited or unauthorised advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation.

The Customer acknowledges that Reflections of Africa does not pre-screen content, but that Reflections of Africa and its designees shall have the right (but not the obligation) in their sole discretion to remove any content that violates the terms of service or may otherwise be objectionable. The Customer further acknowledges and agrees that Reflections of Africa may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service; (c) respond to claims that the content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Reflections of Africa, its users and the public.

3. Use of the Online Software

The Reflections of Africa online software may only be used to compose and order a photo book offered by Reflections of Africa. The Customer or any representative of The Customer is forbidden to decompile the software, undertake, cause, permit or authorise the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Software. Such action will be deemed criminal and offenders will be prosecuted using the full extent of the law.

4. Liability

Reflections of Africa can in no way be held responsible for damage or loss to, or of the uploaded files or to non-delivery of any product due to incorrect information given or failure by the couriers to locate and deliver the product to The Customer. Reflections of Africa is not responsible for third party shipping errors, omissions or damaged shipments.

Reflections of Africa cannot be held responsible in any way for the quality of the photographs placed by The Customer into the products offered. It is for The Customer to ensure and determine that the quality of the photograph(s) taken and placed into the product(s) are suitable before ordering and uploading the file to Reflections of Africa.

Reflections of Africa shall not be required to produce any matter which in their opinion is illegal or defamatory or obscene and retains the right to execute orders placed.

The Customer shall indemnify Reflections of Africa against any claims, costs and expenses arising out of infringement of copyright, trademark, patent or design. Reflections of Africa gives no warranty, express or implied, concerning the suitability of the goods supplied for any purpose whatsoever nor shall Reflections of Africa be liable for any direct, indirect, consequential or other loss including loss to third parties arising out of errors in carrying out an order placed or by delay in delivery, or by the suitability of goods for use as intended.

The Customer agrees to indemnify and hold Reflections of Africa and its subsidiaries, affiliates, officers, agents, co-branders, print vendors, business partners, employees, successors or assigns harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of content The Customer submits, posts to or transmits through the use of the Reflections of Africa service, The Customers use of the Service, The Customers connection to the Service, The Customers violation of the terms of service, or The Customers violation of the rights of a third party.

5. Reflections of Africa’s rights

Reflections of Africa reserves the right to:

  1. modify or withdraw, temporarily or permanently, the website (or any part of) with or without notice to you and you confirm that we shall not be liable to them or any third party for any modification to or withdrawal of the website; and /or
  2. change these conditions from time to time, and your continued use of the website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the conditions have been changed. If you do not agree to any change to the conditions then you must immediately stop using the website.
  3. we will use our reasonable endeavours to maintain the website. The website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the website or because of a failure, suspension or withdrawal of all or part of the website due to circumstances beyond our control.

Updating of these Terms and Conditions

We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. It is the User’s obligation to periodically check these Terms and Conditions at the website for changes or updates. The customers continued use of this website following the posting of changes or updates will be considered notice of the customer’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

Privacy Policy

This site is owned and operated by Reflections of Africa. Your privacy on the Internet is of the utmost importance to us. At Reflections of Africa, we want to make your experience online satisfying and safe.

Because we gather certain types of information about our users, we feel you should fully understand the terms and conditions surrounding the capture and use of that information. This privacy statement discloses what information we gather and how we use it.

INFORMATION Reflections of Africa GATHERS AND TRACKS

Reflections of Africa gathers two types of information about users:

Information that users provide through optional and voluntary submissions. These are voluntary submissions to receive our electronic newsletters and to email a friend.

Information Reflections of Africa gathers through aggregated tracking information derived mainly by tallying page views throughout our sites. Under no circumstances does Reflections of Africa divulge any information about an individual user to a third party. 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 site. This information is used to help improve our website, analyse trends and administer our website.

Reflections of Africa Gathers User Information In The Following Processes:

Optional Voluntary Information

We offer the following free services, which require some type of voluntary submission of personal information by users:

Usage tracking

Reflections of Africa tracks user traffic patterns throughout all of our sites. However, we do not correlate this information with data about individual users. Reflections of Africa does break down overall usage statistics according to a user's domain name, browser type, and MIME type by reading this information from the browser string (information contained in every user's browser).

Reflections of Africa sometimes tracks and catalogues the search terms that users enter in our Search function, but this tracking is never associated with individual users. We use tracking information to determine which areas of our sites users like and don't like based on traffic to those areas. We do not track what individual users read, but rather how well each page performs overall. This helps us continue to build a better service for you.

Cookies

We may place a text file called a "cookie" in the browser files of your computer. The cookie itself does not contain Personal Information although it will enable us to relate your use of this site to information that you have specifically and knowingly provided. But the only personal information a cookie can contain is information you supply yourself. A cookie can't read data off your hard disk or read cookie files created by other sites Reflections of Africa uses cookies to track user traffic patterns (as described above). Our advertising system delivers a one-time cookie to better track ad impressions and click rates.

You can refuse cookies by turning them off in your browser. If you've set your browser to warn you before accepting cookies, you will receive the warning message with each cookie. You do not need to have cookies turned on to use this site. However, you do need cookies to participate actively in message boards, forums, polling and surveys.

USE OF INFORMATION

Reflections of Africa uses any information voluntarily given by our users to enhance their experience in our network of sites, whether to provide interactive or personalised elements on the sites or to better prepare future content based on the interests of our users.

SECURITY

Reflections of Africa operates secure data networks protected by industry standard password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary and only authorised individuals have access to the information provided by our customers.

YOUR CONSENT

By using this site, you consent to the collection and use of this information by Reflections of Africa. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.

PURCHASE AND DELIVERY

When you click to make a purchase with us legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms and conditions. You must not make any purchase through this website unless you understand and agree to all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any purchase of any product through this website.

Delivery time

All orders are normally processed within three (3) to five (5) working days after the payment of an order has been received. Delivery time will vary depending on where you are located. Delays in the delivery time can under no circumstances be used to cancel an order or to claim any compensation. Any order is subject to cancellation or variation by reason of Force Majeure from any cause whatsoever beyond Reflections of Africa’s control including inter alia: inability to secure labour, materials, power or supplies, or by reason of an Act of God, war, civil disturbance, riot, state of emergency, strikes, lockout or other labour disputes, fire, flood, drought or legislation.

Undeliverable packages

Occasionally packages are returned to us undeliverable. Should this event take place, every attempt will be made to contact you to make arrangements for re-delivery.

Order processing

Order processing will not begin until we receive a confirmed order and full payment.

Guarantee

Complaints regarding Reflections of Africa’s services or the quality of the products must be made in writing and received by Reflections of Africa within seven (7) days of receipt of your printed product. In order to receive a replacement, the customer must return the received product within 30 days (at their expense) from the time when the ordered product delivery was taken.

Payment Options and Pricing

All transactions will be processed in South African Rands (ZAR). Reflections of Africa reserves the right to change pricing at any time without prior notice.

PayFast

All payments will be made via PayFast. Please see their terms and conditions of use.

MONITORING

We have the right, but not the obligation, to monitor any activity and content associated with the website. We may investigate any reported violation of these conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and / or removing any materials from the website).

LAW

The conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

Updating of these Terms and Conditions

We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. It is the User’s obligation to periodically check these Terms and Conditions at the website for changes or updates. The customers continued use of this website following the posting of changes or updates will be considered notice of the customer’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.