TERMS & CONDITIONS


This site is operated by Zena Fogg Wildlife Photography. Throughout the site, the terms “we”, “us” and “our” refer to Zena Fogg Wildlife Photography. Zena Fogg Wildlife Photography offers this site, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policy’s and notices stated here and on the site.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions (“Terms of Service”, “Terms”), including those additional Terms and Conditions and Policy’s referenced herein and/or available by hyperlink and on the site. These Terms of Service apply to all users of the site, including without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms and Conditions carefully before accessing or using our site. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the Terms and Conditions of this agreement, then you may not access the site or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

Any new features or tools which are added to the current shop shall also be subject to these Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our site. It is your responsibility to check this page periodically for changes. Your continued use of, and or access to the site following the posting of any changes constitutes acceptance of those changes.

Our shop is hosted on WordPress using Woocommerce. They provide us with the online e-commerce platform which allows us to sell our products and services to you.
 

SECTION 1 - ONLINE STORE TERMS


By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the site, violate any laws in your jurisdiction and ours (including but not limited to Copyright Laws).

You must not transmit any worms, bugs or viruses or any code of a destructive nature. A breach or violation of any of these Terms and Conditions and or other policy’s on our site, will result in an immediate termination of your account.

 

SECTION 2 - GENERAL CONDITIONS


We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card and any information captured through the payment gateways is encrypted during transfer over networks. Please ensure that you have read and understand our payment gateways policy’s. www.paypal.com & www.payfast.co.za

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the site, use of the site, or access to the site or any contact on the site through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION


We are not responsible, if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your sole responsibility to monitor changes to our site.

 

SECTION 4 - MODIFICATIONS TO PRINTS AND PRICES


Prices for prints and products on this site are subject to change without notice.

We reserve the right at any time to modify or discontinue the site (or any part or content thereof) without notice, at any time.

We shall not be liable to you, any payment gateway, or to any third-party for any modification, price change, suspension or discontinuance of the site.

 

SECTION 5 - PRODUCTS


Certain prints may be available exclusively online through the site. These prints may have limited quantities and are subject to return or exchange only according to our site Policy’s.

We have made every effort to display as accurately as possible the colours and images of the prints that appear on our site, however as all computer monitors display colours differently, we cannot be held responsible or guarantee that the colour on your computer will be the same as the actual printed product. Please note that the completed product may vary slightly in size to that which was purchased on the site.

We reserve the right, but are not obligated to limit the sales of our prints to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products and or product pricing, are subject to change at anytime without notice, at our sole discretion. It is your sole responsibility to check the site for any changes of any kind, including but not limited too, product prices, sizes etc. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors on the site will be corrected.

All payments for our products are processed through our payment gateways, namely PayPal and or PayFast. Please ensure that you have read and understand their Privacy and any other Policy’s.

Any additional transfer fees which may apply, will be for your account. Kindly use your invoice or order number as your reference. Your order will be processed as soon as your payment has been received. By placing your order with us, you agree to these Terms and Conditions, and all our other Policy’s.

 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION


We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to, or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made on our site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Privacy and Delivery & Returns Policy’s.

 

SECTION 7 - OPTIONAL TOOLS


We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of any, and or optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions and our Privacy Policy.

 

SECTION 8 - THIRD-PARTY LINKS


Certain content, products and services available via our site may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other information and transactions made in connection with any third-party websites. Please review carefully the third-party's policy’s and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS


If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property, these Terms and Conditions and or any other policy on this site.
You agree that your comments will not violate any right of any third-party, including but not limited to, copyright, trademark, intellectual, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the site or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments made and or posted by you or any third-party.

 

SECTION 10 - PERSONAL INFORMATIONS


Your submission of personal information through the shop and our site, is governed by our Privacy Policy.

 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS


Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, policy’s, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the site, or on any related website is inaccurate at any time without prior notice at our sole discretion (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the site or on any third party and or related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the site or on any third party and or related website, should be taken to indicate that all information on the site or on any third party and or related website has been modified or updated.

 

SECTION 12 - PROHIBITED USES


In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our copyright’s and or intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the site or of any third party and or related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the site or any third party and or related website, other websites, or the Internet. We reserve the right to terminate your use of the site or any related website for violating any of the prohibited uses.

 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY


We do not guarantee, represent or warrant that your use of our site will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the site will be accurate or reliable. You agree that from time to time we may remove the site for indefinite periods of time or cancel the site at any time, without notice to you.

You expressly agree that your use of, or inability to use, the site is at your sole risk. The site and all information, products and services delivered to you through the site are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Zena Fogg Wildlife Photography, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the site, or for any other claim related in any way to your use of the site or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the site, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 14 - INDEMNIFICATION


You agree to indemnify, defend and hold harmless Zena Fogg Wildlife Photography and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions, or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 15 - SEVERABILITY


In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 16 - TERMINATION


The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us at info@zenafogg.com, that you no longer wish to use our site, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our site ( or any part thereof ).

 

SECTION 17 - ENTIRE AGREEMENT


The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions, and any policy’s or operating rules posted by us on this site or in respect to the site, constitutes the entire agreement and understanding between you and us and govern your use of the site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

 

SECTION 18 - GOVERNING LAW


These Terms and Conditions, and any separate agreements and or policy’s whereby we provide you services, shall be governed by and construed in accordance with the laws of South Africa.

 

SECTION 19 - CHANGES TO TERMS OF SERVICE


You can review the most current version of the Terms and Conditions at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our site. It is your sole responsibility to check our site periodically for changes. Your continued use of or access to our site, or the service following the posting of any changes to these Terms and Conditions, constitutes acceptance of those changes.

 

SECTION 20 - CONTACT INFORMATION


If you have any questions about our Terms and Conditions, you are welcome to contact us at info@zenafogg.com.