You agree not to:
If you breach these restrictions, you may be subject to prosecution and damages and/or prohibited from using our website or benefitting from Acre's services.
Our website contains links to third-party sites that are not under our control, so we are not responsible for the contents on any linked site or any link contained in a linked site, or any changes or updates to such sites, or your dealings with the owners of such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We encourage you to be aware of when you leave our website, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.
Except as expressly provided otherwise, our website and all information, software, documentation, materials, services and publications on our website are provided “as-is” and on an “as available” basis without warranty of any kind and Acre hereby disclaims all warranties either expressed or implied, including but not limited to, all warranties and conditions of merchantability, fitness for a particular purpose, accuracy, title and non-infringement.
We do not represent or warrant that our website and our website services will be uninterrupted or error-free, that the defects will be corrected, or that our website or the servers that make our website available are free of viruses or other harmful components. We do not make any warranties or representations regarding the use of the materials on our website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information on our website materials, publications and documents. Acre assumes no responsibility for and disclaims all liability for any such inaccuracies, errors or omissions in our website, materials, publications and documents and in any other reference. Applicable law may not allow certain limitations or exclusions on warranties; hence the above limitations shall apply to you to the fullest extent permissible given the applicable law.
In no event will Acre and/or its respective suppliers or agents be liable for any special, indirect, incidental or consequential damages resulting from the use of, or the inability to use, our website or materials on our website, even if we have been advised of the possibility of such damages, whether in an action of contract, negligence or delictual action.
You agree to indemnify and hold us and our employees, representatives, agents, attorneys, affiliates, directors, employees, officers, managers and directors (the “indemnified parties”) harmless from any damage, loss, cost or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“claim”) brought or asserted against any of the indemnified parties: alleging facts or circumstances that would constitute a breach of any provision of these terms of use by you; arising from, related to, or connected with your comments, your use of our website, including any use by your employees, or your violation of any rights of another. If you are obligated to provide indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the disposition of any claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any claim without our express written consent.
You represent and warrant to Acre that:
If you are under the age of 18, you represent and warrant that you have your parent or guardian’s permission to use this website. For purposes herein, ‘you’ or ‘your’ shall be any person accessing this website or utilising any of the services offered by Acre on this website including the parent(s) or legal guardian(s) of a minor who utilises the services for the benefit of such minor.
Acre may provide interactive areas on the website, in which you/ other website users may post communications:
All rights in the website and the content on the website including copyright, design rights, database rights, trade marks, patents, inventions, knowhow, source codes and any other intellectual property rights in any of the foregoing are reserved for Acre and/or Acre content and technology providers.
You are not allowed to gain or attempt to gain unauthorised access to any part of the website. This includes the use of any malicious or damaging software (such as viruses, trojans and worms) in order to gain or attempt to gain unauthorised access to any part of the website.
We may, in our discretion and without any liability, change, modify, suspend, make improvements to or discontinue any aspect of our website at any time without prior notice. We may deny you access to all or part of our website at any time for any reason or no reason at all.
The website is governed in accordance with the laws of the Republic of South Africa. Any litigation arising out of or relating to this Agreement must be filed and pursued exclusively in South Africa, and you consent to the jurisdiction of and venue of such courts.
Acre may change these terms at any time by posting the amended Terms of Use on the website. All amended terms are immediately and automatically effective after they are posted on to the website. Use of the website shall be governed by such amended Terms. You are advised to regularly check these Terms of Use for any amendments.
On receipt of instructions from You, Acre will destroy or delete a record of personal information about you that Acre is no longer authorised to retain. This is subject to certain exceptions such as retaining records that Acre that is required by law to retain. Acre is entitled to retain de-identified information for authorised purposes. In the event that you wish to revoke all consent pertaining to your personal information and/or you would like Acre to remove and/or delete your Personal Information entirely, you may contact Acre via email to info@acrestudio.co.za
The Terms of Use constitute the entire agreement between us, superseding any prior agreements between us (including, but not limited to, any prior versions of the Terms of Use).
If any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.
Our failure to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision. Headings are for convenience only.