Website Terms of Use
Effective date:
These Terms of Use (Terms) govern your access to and use of https://www.nationalportraitprize.co.za/ (the Website). The Website is operated by Strydom-Graves Gallery (Pty) Ltd, trading as PORTRAIT: The National Portrait Prize (we, us, our). By accessing or using the Website you agree to these Terms and our Privacy Policy. If you do not agree, please do not use the Website.
1. Definitions
you, your or user means any person or entity that accesses or uses the Website.
2. Changes to these Terms
We may update these Terms and the Privacy Policy from time to time. We will post the revised Terms on this page with an updated effective date. Your continued use of the Website after changes are posted constitutes acceptance of the updated Terms.
3. Use as a representative
If you use the Website on behalf of a company or other entity, you warrant that you are authorised to bind that entity, and that both you and the entity accept these Terms.
4. Acceptable use
- Use the Website lawfully and responsibly.
- Do not infringe any third-party rights (including copyright, trade marks, moral rights or privacy).
- Do not introduce viruses, malware, or other harmful code, or attempt to bypass security controls.
- Do not crawl, scrape, index, frame, or access the Website via bots or automated means without our prior written consent (standard search engine indexing is fine).
- Do not misrepresent your identity or affiliation.
- Do not do anything that degrades or impairs the operation or performance of the Website.
5. Accounts (if enabled)
You are responsible for keeping your login details secure and for all activity under your account. Notify us promptly of any unauthorised use.
6. User content
If you submit, upload or otherwise make available any text, images, links or other material on or via the Website or our social media pages (User Content), you warrant you have all rights needed and that your User Content is lawful and does not infringe any rights. You grant us a worldwide, non-exclusive, royalty-free, transferable and perpetual licence (with the right to sub-license) to use, reproduce, host, display, adapt and publish that User Content in connection with operating, promoting and improving the Website and our programmes.
Competition entries: Any terms that apply to prize entries (including use rights, fees, eligibility and selection) will be set out in separate Entry Terms & Conditions and prevail to the extent of any inconsistency. Until published, entry information provided through the Website is treated as User Content under these Terms.
7. Intellectual property
All intellectual property in the Website and its content (including text, graphics, logos, photographs and design) is owned by us or licensed to us and is protected by law. Except as permitted by law, you must not copy, reproduce, adapt, publish, sell or exploit any content without our prior written consent.
8. Third-party websites and content
The Website may contain links to third-party websites or content. We do not control and are not responsible for those websites or their content. Your use of third-party websites is at your own risk and subject to their terms.
9. Cookies and analytics
We use cookies and similar technologies to operate, measure and improve the Website. You can control cookies through your browser settings. Some features may not function properly without cookies. For details, see our Privacy Policy.
10. Social media
Our social media pages (e.g. Instagram, Facebook, LinkedIn) are subject to the platform’s own terms. Comments and opinions posted by users do not represent our views. We may moderate or remove content at our discretion.
11. Availability and disclaimers
The Website is provided “as is” and “as available”. We may modify, suspend or discontinue any part of the Website at any time. To the fullest extent permitted by law, we make no warranties or representations about the Website, including (without limitation) its accuracy, reliability, fitness for purpose, security, uninterrupted availability or that it is free from harmful code.
12. Limitation of liability
To the maximum extent permitted by law, we exclude all implied warranties and are not liable for any indirect, incidental, special or consequential loss, loss of profits, data, goodwill or business interruption arising out of or in connection with your use of the Website. Nothing in these Terms limits any non-excludable rights under South African law.
13. Indemnity
You indemnify us from and against all losses, liabilities, costs and expenses (including reasonable legal fees) arising from your breach of these Terms or your unlawful or negligent use of the Website.
14. Suspension or termination
We may suspend or terminate your access to the Website at any time (with or without notice) if we reasonably believe you have breached these Terms or for operational, security or legal reasons.
15. Events outside our control
We are not responsible for any delay or failure to perform caused by events beyond our reasonable control (including outages, strikes, natural disasters, war, or failure of third-party services).
16. General
- Severability: If any part of these Terms is invalid or unenforceable, the remainder remains in force.
- No waiver: Failure to enforce a right is not a waiver of that right.
- Assignment: You must not assign or transfer your rights under these Terms without our consent.
17. Governing law and disputes
These Terms are governed by the laws of the Republic of South Africa. You submit to the non-exclusive jurisdiction of the South African courts. We both agree to first attempt to resolve any dispute in good faith; if that fails, we may refer the dispute to mediation (and if necessary, arbitration) under the rules of the Arbitration Foundation of Southern Africa (AFSA).
18. Contact us
Questions about these Terms? Please contact us.