WILDPHOTOS provides its services to you subject to the terms and conditions set out
herein. By accessing the WILDPHOTOS www.darylbalfour.com website ("website") and using any of the
services offered via the website from time to time ("the services") and/or by
purchasing any goods or items via the website, you shall be deemed to have agreed
to all the terms and conditions set out herein.
WILDPHOTOS may at any time modify these terms and conditions and your continued use
of the website will be subject to the terms and conditions in force at the
time of your use.
Accordingly you agree to review these terms and conditions periodically, and your
continued access or use of the website shall be deemed to be your acceptance
of the amended terms and conditions of the website.
1. Content of the Website
Whilst every effort is made to update the information provided on this website on
a regular basis, WILDPHOTOS makes no representations or warranties, whether express,
implied in law or residual, as to the accuracy, completeness or reliability of
information contained on any of the pages comprising the website and shall not be
bound in any manner by any information contained on the website or any of the pages
comprising the website. WILDPHOTOS reserves the right at any time to change or
discontinue without notice, any aspect or feature of this website. No opinions,
information, data or content contained on the website shall be construed as
advice and same are offered for information purposes only. WILDPHOTOS gives no
warranty or representation in relation to the accuracy, completeness or
reliability of any such opinions, information, data or content.
Copyright and all intellectual property rights in all materials (including but not
limited to any source code) made available through this website are owned by WILDPHOTOS
alternatively, WILDPHOTOS is the lawful user thereof and are protected by both South
African and international intellectual property laws. Accordingly, any unauthorised
copying, reproduction, retransmission, reverse engineering, disenablement,
distribution, dissemination, sale, publication, broadcast or other circulation or
exploitation of such material as aforesaid or any component thereof will
constitute an infringement of such copyright and other intellectual property rights.
The trademarks, names, logos and service marks (collectively "trademarks")
displayed on this website are registered and unregistered trademarks of WiILDPHOTOS.
Nothing contained on this website should be construed as granting any
licence or right to use any trademark without the prior written permission of
WiILDPHOTOS; save that you may download, display and print one copy of the material
presented on this website on a single computer for your personal, non commercial
use only and provided that all proprietary notices and restrictions attached to
such material are at all times kept intact.
3. External links
External links may be provided for your convenience, but they are beyond the
control of WiILDPHOTOS and no representation is made as to their content. Use or
reliance on any external links provided is at your own risk. When visiting
external links you must refer to that external websites terms and conditions of use.
No hypertext links shall be created from any website controlled by you or
otherwise to this website without the express prior written permission of WILDPHOTOS.
If you are under 18 years of age, you may use this website only with the
involvement of a parent or guardian. If you represent that you are of sufficient
legal age to use this website you will be bound by any legal obligations and
liabilities that you may incur as a result of the use of this website.
WILDPHOTOS makes no warranties, representations, statements or guarantees
(whether express, implied in law or residual) regarding the website, the
suitability of any of the services for a particular purpose nor with regard to
the merchantability and fitness for a particular purpose of any goods and items
offered for sale on this website, all of which are provided on an "as is" basis.
In addition, as WILDPHOTOS provides certain services to you via the internet
WILDPHOTOS makes no representations, nor gives any warranties or guarantees of
any nature as to the availability of any communications network or systems of any
third party on whom you or WILDPHOTOS rely to provide any of the services.
WILDPHOTOS shall not be responsible for and disclaims all liability for any
loss, liability, damage (whether direct or consequential), personal injury or
expense of any nature whatsoever which may be suffered by you or any third
party as a result of or which may be attributable, directly or indirectly, to
the use of or reliance on any information provided on the website or any pages
of the website, e"mail sent from the website, service, goods and items provided
and purchased via this website, any viruses that may infect your computer or
other property on account of your access to and/or use of this website, use of
content, data or information made available via the website, any failure,
delay or unavailability of the site or any services offered via the site for
any reason whatever and the supply, or failure or delay in supplying any of
the services offered via the site and you indemnify WILDPHOTOS in respect of any
loss, liability, damage (whether direct or consequential) or expense of any
nature whatsoever, which may be suffered by you or any third party as a
result of or which may be attributable, directly or indirectly, to the aforesaid.
7. Sales Terms and Conditions
7.1 Your receipt of an electronic or other form of order confirmation does not signify
WILDPHOTOS's acceptance of your order. WILDPHOTOS reserves the right at any time
after receipt of your order, to decline your order, for any reason whatsoever.
If your order is declined you will be notified via e"mail. WILDPHOTOS may require
additional verifications or information before accepting any order for any goods
and items sold on the website.
7.2 We accept the following credit cards [MasterCard], [Visa],
[Diners] and [American Express]. WILDPHOTOS accepts direct deposits to its bank
account by prior arrangement
7.3 Product descriptions contained on our website are the representations of our suppliers.
WILDPHOTOS is not responsible for typographical, pricing, product information or shipping errors.
Any recommendations, formulae, figures, advice, specifications, illustrations, diagrams,
dimensions, weights or other information provided on the website is
approximate and for information purposes only and, unless otherwise expressly
stated in writing, does not form the basis or any part of a sale.
Advertised prices and availability are subject to change without notice. If goods
or items offered by WILDPHOTOS are not as described, your sole remedy is to
return such goods or items in their original condition on the basis set out in 7.8
7.4 WILDPHOTOS will use reasonable endeavours to maintain full system availability,
except during scheduled maintenance periods. Should WILDPHOTOS experience
technical difficulties, WILDPHOTOS is not responsible for goods and items ordered
that are not processed, accepted or delivered.
7.5 Ownership of any goods and items shall not pass to you until the total
purchase price payable therefore has been received by WILDPHOTOS in full.
7.6 All risk attaching to any goods or items purchased will pass to you as
soon as the goods or items have been delivered to you provided that if you
fail and/or refuse to take delivery of the goods or items when delivery is
made, risk shall be deemed to have passed when delivery is tendered to you as
evidenced by the electronic receipt or paper invoice as sent by WILDPHOTOS to
you after the purchase has been concluded.("delivery date").
7.7 Where any tariffs, duties or taxes as imposed or levied by any government or
governmental agency, including without limitation, national and local sales,
use and value added tax are imposed pursuant to the sale of any goods and items
on the website you shall be liable to pay any such tariffs duties or taxes when due.
7.8 Return Policy: Due to the nature of digital downloads, returns will not be accepted.
If you have any problems, questions or suggestions, please do not hesitate to
contact WILDPHOTOS or Fax: 27"13"744"9561
7.9 Security Policy: Is it safe to use your credit card on WILDPHOTOS? In the case
of buying from WILDPHOTOS the answer is YES. The reason for this is that a
totally secure Internet transaction processing connection manages any credit
card purchase that you do on WILDPHOTOS. WILDPHOTOS has a number of security features
which address the concerns of electronic commerce via the Internet and which combine
to make it many times more secure than the traditional uses of your credit card,
such as telephone or mail order.
Communication between you and WILDPHOTOS is encrypted using the Secure Socket
Layer ("SSL") mechanism built into your browser. Encryption scrambles your information
so that the transaction details cannot be cracked. This ensures that all information
is kept private and therefore cannot be seen or altered by anyone else over the Internet.
Furthermore, you have the opportunity to register your private information within
the transaction processing service when you do your first purchase transaction or
when you register on WILDPHOTOS as a user. Another advantage of registering your details
is that you only need to spend time completing the order form once, providing details
such as shipping information, e-mail address and other pertinent details. The next
time you wish to purchase something the whole process will take place really
quickly - you simply enter your password and your order form details are
automatically provided. For security reasons WILDPHOTOS will not store your
credit card details, and therefore you will need to re"enter this with each order.
How do online transactions work?
We use SSL technology to send your credit card number to our secure server. Access to
this machine is strictly controlled further protecting you, by avoiding unauthorized
access to personal data. SSL sends your details in an encrypted format. Once your
credit card details are input, an online check of your credit card with our
acquiring banks is done. This ensures that the number that you entered actually
corresponds to a real credit card number and is not one that has been made up. The
system will also check the card number against a number of "Hot card lists"
to ensue that no fraudulent use is being made of a card. This online verification
of your details is carried out over a secure line to the bank. At no time is
credit card data sent over the Internet during the validation process.
After your merchandise has been downloaded, your credit card will be charged. Our
transaction system currently works with Web browsers that can use SSL such as
Netscape Navigator and Microsoft's Internet Explorer.
WILDPHOTOS is committed to respecting the privacy rights of all users. WILDPHOTOS collects
user information in an effort to improve the users experience.
What information does WILDPHOTOS collect?
Information you supply us: Any information that you send to our website and
received will be stored. Such as for example, when you register on WILDPHOTOS,
you will be required to create a user name and password. Furthermore you will
be able to register personal information, which information is contained behind
secured networks and is only accessible by a limited number of employees who
have special access rights to such systems. When you access your personal
information, this is all conducted via a secure server using SSL encryption.
Automatically generated information.
Like many other sites, WILDPHOTOS employs the use of "Cookie" technology. This technology
allows us to obtain certain types of information when your web browser accesses
the website. The information that is received by WILDPHOTOS is stored behind
secure networks. The use of "Cookies" allows us to built a better experience
for you, by monitoring what you like on the website and thus building a
unique offering for you. There are a number of companies that have created
and offer tools to help you visit a site anonymously. Obviously if you employ
the use of such tools, we will not be able to provide you with a personalized
experience. However we do want you to be aware that such tools are available.
What is a Cookie?
A Cookie is an alphanumeric identifier that is transferred from our website to
your computer's hard drive. This is transferred through your web browser and enables
us to recognize you, and thus built a personalized offer for you. Most browsers
will tell you how to prevent your browser from receiving cookies, to notify
you when you receive a new cookie, to disable cookies. A good staring point for
such information is the Help link on the browser.
WILDPHOTOS may at times employ other companies or individuals to perform certain
functions on our behalf. For example, the fulfilment of orders, credit card
processing and marketing assistance to name a few. They have access to your
personal information in order to fulfil their function, but may not use it
for any other purpose.
Acquiring New Businesses and Developing New Relationships.
In the event WILDPHOTOS acquires a new business or creates a new venture
with another company, users personal details may be transferred across such
business units. You acknowledge and agree that your personal and any other
details may be disclosed and assigned in the manner as aforesaid.
Complying with Law and Protection of WILDPHOTOS.
WILDPHOTOS may release personal information which may be required in terms of law
or any regulations, to enforce our conditions of use and to protect the
interests and rights of the website, users and other third parties.
By your use of the website, you consent to the collection and use of the
information by WILDPHOTOS on the basis set out in this 11. If we decide to
ensure that you are always aware of the information we collect, how we use it
and under what circumstances we disclose it.
WILDPHOTOS welcomes all questions, comments and concerns about privacy. Please
send us all and any feedback relating to this at: WILDPHOTOS
9.1 These terms and conditions constitute the sole record of the agreement between
you and WILDPHOTOS in relation to the subject matter hereof. Neither you nor WILDPHOTOS shall be bound by any express tacit or implied representation, warranty, promise or
the like not recorded herein. These terms and conditions supersede and replace
all prior commitments, undertakings or representations, whether written or oral,
between you and WILDPHOTOS in respect of the subject matter hereof. No addition to,
variation or agreed cancellation of any provision of these terms and conditions
shall be binding upon either you or WILDPHOTOS unless agreed to by WILDPHOTOS. No
indulgence or extension of time which either you or WILDPHOTOS may grant to the
other will constitute a waiver of or, whether by estoppel or otherwise, limit any
of the existing or future rights of the grantor in terms hereof, save in the
event or to the extent that the grantor has signed a written document expressly
waiving or limiting such rights.
9.2 All provisions of these terms and conditions are, notwithstanding the manner
in which they have been grouped together or linked grammatically, severable from
each other. Any provision of these terms and conditions which is or becomes
unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality,
unlawfulness or for any reason whatever, shall, in such jurisdiction only and
only to the extent that it is so unenforceable, be treated as pro non scripto
and the remaining provisions of these terms and conditions shall remain in
full force and effect.
9.3 Should WILDPHOTOS be prevented from fulfilling any of its obligations to you
as a result of any event of force majeure, then those obligations shall be deemed to
have been suspended to the extent that and for as long as WildPhotoSafaris is so prevented
from fulfilling them and your corresponding obligations shall be suspended to the
In the event that force majeure continues for more than thirty days after it
has fist occurred then WILDPHOTOS shall be entitled (but not obliged) to terminate
all of its rights and obligations in terms of or arising out of these terms
and conditions and/or any service by giving notice to you. An
"event of force majeure" shall mean any event or circumstance whatsoever
which is not within the reasonable control of the affected party including,
without limitation, vis major, casus fortuitus, any act of G"d, strike,
theft, riots, explosion, insurrection or other similar disorder,
war (whether declared or not) or military operations, the downtime
of any external telecommunications line, power failure, international
restrictions, any requirement of any international authority, any
requirement of any government or other competent local authority,
any court order, export control or shortage of transport facilities.
9.4 These terms and conditions shall be governed by and construed in accordance
with the laws of the Republic of South Africa without giving effect to any
principles of conflict of law. You hereby consent to exclusive jurisdiction of
the High Court of South Africa in respect of any disputes arising in
connection with the services referred to herein, or these terms and
conditions or any matter related to or in connection therewith.