OWNERSHIP OF THIS WEBSITE

This website is owned and operated by Photo Access/Digital Source. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs images, moving images, sound, illustrations and software ("Content"), is owned by Photo Access/Digital Source, its licensors and its content providers.

All elements of Photo Access/Digital Source websites, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Photo Access or one of its subsidiaries, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of Photo Access or its licensors unless otherwise expressly agreed. You shall indemnify Photo Access, its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the Content and related rights.

DISCLAIMERS

THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND PHOTO ACCESS/DIGITAL SOURCE EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. PHOTO ACCESS/DIGITAL SOURCE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT PHOTO ACCESS/DIGITAL SOURCE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE. Except as specifically stated in these Terms and Conditions of Use or elsewhere on this website, or as otherwise required by applicable law, neither Photo Access nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages. Photo Access/Digital Source uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content’s accuracy, correctness or reliability. There may be links to other websites from the Photo Access website; however, these other websites are not controlled by Photo Access and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against Photo Access regarding the inclusion of links to outside websites or your use of those websites.

GOVERNING LAW

This Agreement shall be interpreted, construed and governed by the laws of the Republic of South Africa without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Users of this website agree that any and all disputes arising from the use of this website, or the ordering of materials from this website, shall be settled by binding arbitration. Notwithstanding the foregoing, however, Photo Access CC shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-RSA court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Photo Access, such action is necessary or desirable.

NO WAIVER, SEVERABILITY

No action of Photo Access/Digital Source, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions of Use. Should any clause of these Terms and Conditions of Use be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

We reserve the right to change these Terms and Conditions of Use, prices, information and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between Photo Access/Digital Source and you relating to your use of this website.