TERMS OF USE

Welcome to www.senechal-senekal.com. Sénéchal-Senekal Art Gallery cc (“Sénéchal-Senekal®️”) offers the Sénéchal-Senekal®️ Websites under the following terms and conditions. BY ACCESSING THE SÉNÉCHAL-SENEKAL®️ WEBSITES, YOU AGREE TO BE LEGALLY BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THESE TERMS AND CONDITIONS (the “Terms and Conditions”). SÉNÉCHAL-SENEKAL®️ RESERVES THE RIGHT TO MODIFY THESE TERMS AND CONDITIONS AT ANY TIME, AND SUCH MODIFICATIONS WILL BE EFFECTIVE FOR FUTURE VISITS. Therefore, you should regularly review these Terms and Conditions. You can verify if the Terms and Conditions have been updated since your last visit to the Sénéchal-Senekal Websites by checking the “Effective Date of Current Terms and Conditions” at the bottom of this page. PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE EXIT THE SÉNÉCHAL-SENEKAL®️ WEBSITES IMMEDIATELY AND DO NOT CONTINUE TO USE THEM.

PROTECTION OF PRIVACY

Sénéchal-Senekal®️ is dedicated to safeguarding the privacy of its website visitors in compliance with applicable laws and regulations. All information collected from you while using the Sénéchal-Senekal®️ Websites is governed by Sénéchal-Senekal’s®️ Privacy Policy, which is incorporated herein as if fully stated. Please be aware that the Sénéchal-Senekal®️ Websites are not specifically aimed at children, and Sénéchal-Senekal®️ does not actively seek information from minors. Children under the age of twelve must have permission from an adult before providing any information to the Sénéchal-Senekal Websites.

TRADEMARKS

Certain names, titles, trademarks, service marks, logos, graphics, page headers, designs, and similar items that appear on the Sénéchal-Senekal®️ Websites are registered and unregistered trademarks, service marks, or trade dress of Sénéchal-Senekal®️, including but not limited to SÉNÉCHAL-SENEKAL®️, SÉNÉCHAL-SENEKAL ART GALLERY CC, JUNAID SÉNÉCHAL-SENEKAL, and the Junaid Sénéchal-Senekal signature (collectively referred to as the “Sénéchal-Senekal®️ Trademarks”). You may not utilize the Sénéchal-Senekal®️ Trademarks without prior written consent from Sénéchal-Senekal®️.

Third-party trademarks may also appear on the Sénéchal-Senekal®️ Websites from time to time; you may not use these trademarks without the prior written consent of their respective owners. You acknowledge and agree that nothing on the Sénéchal-Senekal®️ Websites grants, either explicitly or implicitly, by estoppel or otherwise, any right or license to use any of the Sénéchal-Senekal®️ Trademarks, nor should it be interpreted as Sénéchal-Senekal®️ having the authority to grant any rights or licenses on behalf of any third-party trademark owner.

ALL CONTENT IS PROTECTED BY COPYRIGHT LAWS

Images, text, data, software, documentation, electronic text and image files, audio and video files and clips, designs, and other materials on the Sénéchal-Senekal®️ Websites (collectively referred to as “Content”) are protected by the Republic of South Africa and international copyright laws and may be subject to additional restrictions. Sénéchal-Senekal®️ retains all rights, including copyright, in the Content. Copyrights and other proprietary rights in the materials on the Sénéchal-Senekal®️ Websites may also exist in individuals and entities other than, and in addition to, Sénéchal-Senekal®️. Sénéchal-Senekal®️ explicitly prohibits the reproduction of any protected materials on this website, except for fair use as defined by law. Any unauthorized use of protected materials may violate intellectual property laws and the Terms and Conditions of Use. Sénéchal-Senekal®️ does not grant any express or implied permission to use any Content without explicit written consent from Sénéchal-Senekal®️.  Unauthorized copying, publishing, or exploitation of Sénéchal-Senekal’s®️ Content is strictly prohibited. Anyone wishing to use any Content for commercial purposes, publication, or any reason other than fair use as defined by law must request and obtain prior written permission. Purchasing any product does not confer any copyright interest or other intellectual property rights in the product to the purchaser.

LICENSE AND SITE ACCESS

Sénéchal-Senekal®️ grants you a limited license to access and use the Sénéchal-Senekal®️ Websites for personal purposes; however, you are not allowed to download (except for page caching) or modify any part of it without the explicit written permission of Sénéchal-Senekal®️.  This license does not permit any resale or commercial use of the site or its contents; any collection and use of product listings, descriptions, or prices; any derivative use of the site or its contents; any downloading or copying of account information for the benefit of another merchant; or any application of data mining, robots, or similar data collection and extraction tools. The Sénéchal-Senekal Websites, or any part thereof, cannot be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for commercial purposes without the express written consent of Sénéchal-Senekal Art Gallery cc. You are prohibited from framing or using framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) from the Sénéchal-Senekal®️ Websites without explicit written consent. The use of any meta tags or other “hidden text” that includes the name or trademarks of the Sénéchal-Senekal®️ Websites is also forbidden without express written permission from Sénéchal-Senekal®️.  Any unauthorized use will result in the termination of the permission or license granted by Sénéchal-Senekal®️.  You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Sénéchal-Senekal®️ Websites, as long as the link does not misrepresent the Sénéchal-Senekal®️ Websites or their products or services in a false, misleading, derogatory, or otherwise offensive manner. The logo of the Sénéchal-Senekal®️ Websites or any other proprietary graphic or trademark cannot be used as part of the link without express written permission from Sénéchal-Senekal®️.

RESERVATION OF RIGHTS

All rights and licenses not expressly granted by Sénéchal-Senekal®️ in this document are fully reserved. Nothing on the Sénéchal-Senekal®️ Websites or within these Terms and Conditions grants, either expressly or implicitly, any right or license to use any third-party content or property, nor should it be interpreted to imply that Sénéchal-Senekal®️ has the authority to grant any rights or licenses on behalf of any third party.

SUBMISSIONS

Any communication or material you send, transmit, or distribute to or through the Sénéchal-Senekal®️ Websites via electronic mail or otherwise, including any data or other content, questions, comments, suggestions, or similar items, will be regarded as non-confidential and nonproprietary. Anything you transmit or post may be used by Sénéchal-Senekal®️ or its affiliates for any purpose, including but not limited to reproduction, disclosure (to law enforcement or others), transmission, publication, broadcast, and posting (excluding information governed by the Privacy Policy). Furthermore, Sénéchal-Senekal®️ is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Sénéchal-Senekal®️ Websites for any purpose, including but not limited to developing, manufacturing, and marketing products using such information (excluding information governed by the Privacy Policy).

TERMS OF PURCHASES FROM SÉNÉCHAL-SENEKAL®️

All purchases from the SÉNÉCHAL-SENEKAL®️ are subject to the terms and conditions outlined herein. Sénéchal-Senekal®️ does not guarantee that product descriptions or other content on the Sénéchal-Senekal Websites are 100% accurate, complete, reliable, current, or error-free. If a product offered by the SÉNÉCHAL-SENEKAL®️ WEBSITE (not the Sénéchal-Senekal Art Gallery Official Website for Paintings or Sculptures) that you purchased does not match the description, your only remedy is in accordance with the returns procedures and policies specified herein.

LIMITATIONS ON YOUR USE OF THE SITE

You agree not to:
Interfere with or attempt to interfere with the identification procedures of the systems or falsify any form of communication;
Attempt to create or actually create any disruption of service on the Sénéchal-Senekal®️ Websites or any other network or server hosting the Sénéchal-Senekal®️ Websites, including but not limited to generating harmful traffic, attempting or actually violating any existing security measures on the Internet and its resources, inserting or injecting any virus, cancelbot, worm, logic bomb, Trojan horse, spyware, adware, malware, or other harmful content or components into the Sénéchal-Senekal®️ Websites or any other network or server that hosts the Sénéchal-Senekal®️ Websites, or engage in or attempt to engage in any unauthorized access to any computer or resource on the Internet;
Misuse or attempt to misuse the system and resources of the Sénéchal-Senekal®️ Websites in any manner;
Breach or attempt to breach the security of the authentication and accounting processes of the Sénéchal-Senekal Websites;
Attempt to or actually undermine, hinder, damage, or disrupt the hardware, software, or security of the Sénéchal-Senekal®️ Websites or any of its various components. Sénéchal-Senekal®️ may block, restrict, disable, suspend, or terminate your access to all or part of the Sénéchal-Senekal Websites and Content at any time at Sénéchal-Senekal®️ Central’s discretion, without prior notice or liability to you.

WARRANTY AND INDEMNIFICATION

By using the Sénéchal-Senekal®️ Websites in any manner, you represent and warrant that your use will comply with these Terms and Conditions. You agree to indemnify, defend, and hold Sénéchal-Senekal®️, its affiliates, trustees, directors, officers, employees, or agents harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or related to your use of the Sénéchal-Senekal®️ Websites.

DISCLAIMER OF WARRANTIES

SÉNÉCHAL-SENEKAL®️ PROVIDES THE SITE ON AN “AS IS” BASIS. YOUR USE OF THE SITE, CONTENT, AND COMPILATION IS AT YOUR OWN RISK. SÉNÉCHAL-SENEKAL DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP AND/OR NON-INFRINGEMENT OF COPYRIGHTS OR OTHER THIRD PARTY PROPRIETARY RIGHTS. SÉNÉCHAL-SENEKAL®️ DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. SÉNÉCHAL-SENEKAL®️ MAKES REASONABLE, CONTINUOUS EFFORTS TO REVISE AND UPDATE THE SITE, BUT ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING CONTENT INACCURACIES, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY EXPERIENCE DUE TO THE UNAVAILABILITY OF THE SITE. SÉNÉCHAL-SENEKAL®️ ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION OF THE CONTENT OR COMPILATION.

LIMITATION OF LIABILITY

NEITHER SÉNÉCHAL-SENEKAL®️ NOR ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL BE RESPONSIBLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO YOUR USE OF THE SITE, CONTENT, AND/OR COMPILATION.

SEVERANCE AND WAIVER

You acknowledge and agree that if any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, the validity, legality, and/or enforceability of the remaining terms and conditions shall not be affected or impaired in any way. In such instances, the parties agree that the invalid term(s) or condition(s) shall be appropriately modified by the court to closely reflect the intent of the parties as expressed in the provision, and if they cannot be modified, shall be severed and eliminated from these Terms and Conditions. Sénéchal-Senekal’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not be considered a waiver of such right or provision unless agreed to in writing by Sénéchal-Senekal®️.

VENUE AND CHOICE OF LAW

These Terms and Conditions and any counterparts, amendments, or revisions shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to conflict of law principles. Any case, controversy, suit, action, or proceeding arising from, in connection with, or related to this Agreement shall be brought in a High Court located in Cape Town, Western Cape, South Africa, and the parties hereby waive any objections they may have to personal jurisdiction or forum non conveniens in these courts.

ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement between the parties concerning the subject matter herein and supersede all prior agreements and understandings related to this subject. For any amendment or modification of this Agreement to be enforceable, it must be made in writing and signed by the parties.