CARFINEART.COM T&C’s

Terms of Use CARFINEART.COM

Effective January 1st, 2020

Your use of the Carfineart.com(“Website”) is conditioned upon Your acceptance of these legal terms of use including our privacy policy.

Carfineart / Sarel van Staden /Maryna Cotton reserves the right, in its sole discretion, to modify or update these legal terms of use from time to time with immediate effect and without advance notice to You. It is Your responsibility to review these legal terms of use periodically for updates.

AFTER READING THESE LEGAL TERMS AND CONDITIONS OF USE, IF FOR ANY REASON YOU DO NOT AGREE WITH OR CANNOT ABIDE BY THESE TERMS OF USE OR OUR PRIVACY POLICY, PLEASE EXIT THIS WEBSITE IMMEDIATELY. OTHERWISE, BY ACCESSING AND USING THIS WEBSITE, YOU ARE AGREEING TO THESE TERMS OF USE AND OUR PRIVACY POLICY.

Rights to Contents and Intellectual Property

The copyrights to all original materials, content, selection, and arrangement of the Website (including text, user, and visual interfaces, images, look and feel, design, sound, etc. and any underlying software and computer codes) are proprietary to Carfineart / Sarel van Staden /Maryna Cotton, its parents, affiliates, subsidiaries, or third party licensors. You may not copy, reproduce, post on any other Website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any portion of this Website or make any derivative works from this Website in any way without the express prior written consent of Carfineart / Sarel van Staden /Maryna Cotton.

Any name, logo, trademark, service mark, patent, design, copyright, domain name or other intellectual property appearing on this Website is owned or licensed by Carfineart / Sarel van Staden /Maryna Cotton or its parents, affiliates, or subsidiaries and may not be used by You without the prior written consent of Carfineart / Sarel van Staden /Maryna Cotton or the appropriate owner. Your use of this Website does not grant You any right, title, interest or license to any such intellectual property appearing on this Website. Any unauthorized use of the content of this Website may subject You to civil or criminal penalties.

Use of this Website

Carfineart / Sarel van Staden /Maryna Cotton maintains this Website for Your personal purchases, entertainment, information and education. You should feel free to browse the Website. However, all copying (whether electronic, hard copy, or other format) is prohibited and may breach intellectual property laws and other laws worldwide. All commercial use of all or part of this Website is prohibited except under the express consent  in writing of Carfineart / Sarel van Staden /Maryna Cotton. All rights not expressly granted here are reserved to Carfineart / Sarel van Staden /Maryna Cotton.

You may not use any computer program tools, including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm, or methodology, or any similar equivalent process (“Tools”) to access, acquire, copy or monitor any portion of the Website or content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the Website. Tools that use the Website shall be considered agents of the individuals who control or author them.

No Warranties

Carfineart / Sarel van Staden /Maryna Cotton DOES NOT REPRESENT THAT THIS WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THIS WEBSITE WILL PROVIDE SPECIFIC RESULTS. THIS WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ACCURACY.

Carfineart / Sarel van Staden /Maryna Cotton assumes no responsibility, and shall not be liable for any damages caused by viruses or other forms on contamination or destructive features that may affect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing in the Website or Your downloading of any materials, text, images, video or audio from the Website or any linked Websites.

Limitation of Liability

In no event shall Carfineart / Sarel van Staden /Maryna Cotton, its parents, affiliates, subsidiaries or service providers, its licensors, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on theory of liability what so ever, arising out of or in connection with the use or performance of, or Your browsing in, or Your links to other Websites from, this Website. You acknowledge by Your use of this Website, that Your use of this Website is at Your sole risk. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages: if these apply to You, some or all of the above disclaimers may not apply, and You might have additional rights.

Indemnification

You agree to defend, indemnify and hold Carfineart / Sarel van Staden /Maryna Cotton harmless from and against any and all claims, damages, costs and expenses, including reasonable attorney’s fees, arising from or related to Your use of the Website.

Additional Terms and Conditions

Additional terms and conditions may apply to purchases of goods and services and to specific portions of features of the Website, including but not limited to sales, licenses, contests, sweepstakes, invitations, or other similar features (each an “Application”), all of which additional terms and conditions are made a part of these legal terms of use by this reference. You agree to abide by such Application terms and conditions. If there is a conflict between these Terms of Use and the terms of the Application, the terms of the Application will control as relating to the Application.

Communications with this Website

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. Carfineart / Sarel van Staden /Maryna Cotton will fully cooperate, including but not limited to, maintaining and disclosing any transmittals or communications that You have had with this Website, disclosing Your identity or helping to identify You, with any applicable law or regulation, law enforcement authorities, court order, or governmental authority.

Any communication or material You transmit to the Website by email or otherwise, including data, questions, comments, or suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Carfineart / Sarel van Staden /Maryna Cotton cannot prevent the harvesting of information from this Website, and You may be contacted by Carfineart / Sarel van Staden /Maryna Cotton or unrelated parties, by email or otherwise, within or outside of this Website. Anything You transmit may be edited by or on behalf of CCarfineart / Sarel van Staden /Maryna Cotton, may or may not be posted to this Website at the sole discretion of Carfineart / Sarel van Staden /Maryna Cotton and may be used by Carfineart / Sarel van Staden /Maryna Cotton or its affiliates for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Carfineart / Sarel van Staden /Maryna Cotton is free to use any ideas, concepts, know-how, or techniques contained in any communication You send to the Website for any purpose what so ever including, but not limited to, developing, manufacturing and marketing products use of such information. If You transmit any ideas, concepts, materials or other communications to the Website, You accept that it will not be treated as confidential and may be used by Carfineart / Sarel van Staden /Maryna Cotton without compensation in any manner whatsoever, including without limitation to reproduction, transmission, publication, marketing, product development, etc.

Although Carfineart / Sarel van Staden /Maryna Cotton may from time to time monitor or review discussion, chats, postings, transmissions, and bulletin boards, and the like on the Website, Carfineart / Sarel van Staden /Maryna Cotton is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations, on the Website. Carfineart / Sarel van Staden /Maryna Cotton assumes no responsibility or liability for any actions or communications by You or any related third party within or outside of this Website.

Notice and Procedure for Making Claims of Trademark Infringement

If You believe that Your work has been copied in a way that constitutes trademark infringement, please provide a Notice with the following information to the Website’s trademark Agent:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the trademark interest;

2. A detailed description of the trademark work that You claim has been infringed;

3. A description of precisely where the material that You claim is being infringed is located on the Website;

4. Your address, telephone number, and email address;

5. A statement by You that You have a good faith belief that the disputed use is not authorized by the trademark owner, its agent or the law;

6. A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the trademark owner or authorized to act on the trademark owner’s behalf.

Carfineart / Sarel van Staden /Maryna Cotton Agent for Notice is:

Maryna Cotton

E-Mail: maryna@carfineart.com

We may give notice to our users by means of a general notice on our Website, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If You receive such a notice, You may provide counter-notification in writing to the designated Copyright Agent. To be effective, the counter-notification must be a written communication that includes the following:

1. Your physical or electronic signature;

2. Identification of the material that has been removed or to which access had been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

3. A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of mistake to misidentification of the material to be removed or disabled; and

4. Your name, physical address, and telephone number, and a statement that You consent to the jurisdiction of South African High Court in which Carfineart / Sarel van Staden /Maryna Cotton may be found, and that You will accept service or process from the person who provided notification of alleged infringing material or an agent of such person.

Termination

At its sole discretion, Carfineart / Sarel van Staden /Maryna Cotton may modify or discontinue the Website, or may modify or terminate Your account or Your access to this Website, for any reason, with or without notice to You and without liability to You or any third party.

Unaffiliated Products and Websites

Descriptions of, or references to, products, publications or Websites not owned by Carfineart / Sarel van Staden /Maryna Cotton or its affiliates do not imply endorsement of that product, publication, or Website. Carfineart / Sarel van Staden /Maryna Cotton has not reviewed all material linked to the Website and is not responsible for the content of any such material. Your linking to any other Websites is at Your own risk.

Linking Policy

This Website may provide, as a convenience to You, links to websites owned or operated by parties other than Carfineart / Sarel van Staden /Maryna Cotton. Each linked website may have its own terms and conditions of use, as described in that website’s legal notice/terms of use. Those terms and conditions may be different than these legal terms of use, and we urge You to read each website’s legal notice/ terms carefully before You use that website. Carfineart / Sarel van Staden /Maryna Cotton does not control, and is not responsible for the availability, content or security of these external Websites, nor Your experience interacting or using these external Websites. Carfineart / Sarel van Staden /Maryna Cotton does not endorse the content, or any products or services available, on such web sites.

South African Governing Law / Void Where Prohibited

This Website shall be governed by, and Your browsing in and use of the Website shall be deemed acceptance of and consent to, the laws of South Africa, without regard to principles of conflict of laws. Notwithstanding the foregoing, this Website may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service does not imply that they are appropriate or available to all persons of legal purchasing age in all locations, or that Carfineart / Sarel van Staden /Maryna Cotton intends to make such products or services available in such countries. Any offer for any product, feature, service, or application made on this Website is void where prohibited. Your information will be transferred to Carfineart / Sarel van Staden /Maryna Cotton in the South Africa, which may be outside of Your own country, and by providing us with Your information, You are consenting to such transfer. Although we will use all reasonable efforts to safeguard the confidentiality of any personal information collected, we will not be liable for disclosure of personal information obtained due to errors in transmission or the unauthorized acts of third parties.

Privacy Policy

Collection of the user’s Non-Personal and Personal Information

Carfineart™ collects certain types of non-personal information, such as website referrals, browser types and language, and access times. Carfineart™ may collect navigational information, including information about the pages viewed by the users, the links clicked by the user, and other actions taken in connection with the site. Limited demographic information, such as the industry the user works in, may also be collected and may be linked to the user’s personal information.

Carfineart™ may collect personal information about its user after he or she has provided Carfineart™ with his or her consent to collect that specific information.

Personal information includes:

  1. Information collected when a user registers or visits the site including his/her member name and password, his/her name, his/her mailing address, email address, IP address and phone number.
  2. Information collected when a user makes a purchase including his/her credit card number and billing address.
  3. If a user becomes a contributor, information collected when a user signs up as a contributor including:

(i) banking and other financial institution information required in order for Carfineart™ to compensate such user;

(ii) a user’s identification or social insurance number required in order for Carfineart™ to prepare VAT invoices or other tax information documents; and

(iii) a copy of a user’s photo identification – for example, Identity document, driver’s license or passport.

A user may always choose not to provide personal information, but if he or she so chooses, certain products and services may not be available to such user.

Use of a User’s Personal Information

Carfineart™ collects and uses a user’s personal information to:

  1. create and manage a user’s membership account;
  2. process transactions;
  3. (iii) provide customer service;
  4. (iv) perform research and analysis aimed at improving our products, services and technologies, including sending user surveys;
  5. to display content that is customised to our user’s interests and preferences;
  6. (vi) to run contests, select entrants, and choose prize winners, if competitions are applicable;
  7. (vii)to run Interactive Areas;
  8. (viii) if a user is a contributor to Carfineart™, to compensate such user and to prepare VAT invoices or tax information documents;
  9. (ix) if a user is a contributor to Carfineart™, to identify such user’s uploaded content as the user’s content;
  10. to communicate with Carfineart™’s users about their transactions, new products and services including transaction-related communications such as welcome letters, billing reminders, and purchase confirmations; and
  11. (xi) Carfineart™ may also send marketing emails or push notifications to our users’ mobile devices to inform them of new products or services or other information or offers that may be of interest. These marketing emails may come from Carfineart™ or its affiliated companies or subsidiaries (the “Carfineart™ Group”). If a user does not wish to receive marketing emails, a user may adjust his/her “Personal Information Preferences” as described below. If a user does not to receive push notifications, these can be enabled or disabled in Settings on user’s mobile devices.

Personal information collected by Carfineart™ and its affiliates may be stored and processed in South Africa or any other country in which Carfineart™ or its parent, affiliates, subsidiaries or agents maintain facilities, and by providing Carfineart™ with your personal information and using our sites or services, the user consent to any such transfer of information outside of your country. 

In the event of a user requiring further information regarding the privacy practices within Carfineart™, or if a user would like to exercise any of his or her personal information in protection of any rights (including the right to have any personal information deleted), please contact our Privacy Officer.

Disclosure of Personal Information

Except as set out in this privacy policy, Carfineart™ will not disclose or sell any user’s personal information to any third-parties.

Carfineart™ may disclose personal information to third-party service providers who perform services on behalf of Carfineart™, such as businesses hired to handle the processing of payments, providing of data storage, or to host websites, postage, marketing, audits, etc. Those third-party service providers

(i) shall be permitted to obtain only the personal information they need to provide the service,

(ii) must protect personal information to the same extent as Carfineart™, and

(iii) shall be prohibited from using it for any other purpose.

Information about Carfineart™ customers, including personal information, may be disclosed as part of any merger, acquisition, or sale of the company and/or its assets, as well as in the unlikely event of insolvency, in which personal information would be transferred as a business asset of the company. Carfineart™ reserves the right to disclose a user’s personal information if required or permitted to do so by law.

Consent by the User

By submitting personal information to Carfineart™, a user acknowledges and agrees that he/she has consented to the collection, use and disclosure practices set out in this Privacy Policy as they relate to his or her personal information.

Accessing of Personal Information by the User

A user may at any time access and change his or her personal information. A user may also contact Carfineart™’s Customer Service at support@Carfineart™.co.za for assistance.

Personal Information Preferences

All users have the rights to choose the use and disclosure of his/her personal information. A user may at any time decline the receipt of marketing emails.

Use of Cookies and Other Tracking Technologies

Carfineart™ uses “cookies” to enable a user to sign in to our services and to help personalise and improve the user’s online experience. A cookie is a small text file that is placed on the user’s hard drive or device. Cookies contain information, including personal information that can later be read by a web server in the domain that issued the cookie to the user. The information that cookies collect includes the date and time of the user’s visit, his/her registration information, session identification number and navigational history and preferences.

Cookies offer many conveniences such as:

  1. Allowing Carfineart™ to identify registered users when they return to the site so that the user can retrieve previous image search results, access lightboxes, shopping carts, and view previous invoices.
  2. Cookies also save time by eliminating the need to repeatedly enter the same information.
  3. (iii) Cookies allow Carfineart™ to deliver personalised content to our users, including search results and targeted advertising.
  4. (iv) Cookies help to protect a user’s security by checking login details and may help prevent fraud.
  5. Cookies remember a user’s preferences when using the site.
  6. (vi) Cookies also identify particular customers in the event such customer would like assistance from a live, online customer service representative.

Carfineart™ strives to make this site user-friendly and relevant. Our goal is to deliver more personalised products and services to our users. For this purpose, Carfineart™ also works with third party partners who use cookies on our site to:

  1. Measure and analyse aggregate usage and volume statistical information from our users on our site.
  2. Information gathered may include, but is not limited to the following:

(i) activity of the user browser when the user is visiting the site,

(ii) the site path of users,

(iii) general information regarding the visitor’s internet service provider and host,

(iv) and the time users come to the site.

(v) Remember our users’ previous search of products and services,

(vi) and dynamically display more relevant content to them.

(vii) Record users’ behavior on our site, such as pages visited, emails clicked, forms completed and products and services purchased to create customised advertisements and communications that better meet your needs.

(viii) Evaluate user traffic and behavior on the site to compile activity reports for our internal use only.

(ix) Conduct research and diagnostics to improve our products and services.

(x) Identify users arriving at the site via a referral from an affiliate website or sponsored link.

This privacy policy covers the collection of information and use of cookies by Carfineart™ only, and does not cover the use of cookies or other technologies by third parties to collect information.

If you would like to know more about this practice and your choices about not having this information used by third-parties, please contact Carfineart™ Customer Service at maryna@Carfineart.com

In addition to cookies, Carfineart™ may use other technologies, including single-pixel gifs (also known as web beacons) on our websites and in promotional e-mail messages or newsletters. Web beacons allow us to measure the actions of a user opening the page that contained the web beacon . Carfineart™ uses web beacons to assist us in determining how many users have visited certain pages or opened messages or newsletters, improve user experience and manage site content. When a user clicks on a link on a page with a web beacon, Carfineart™ may record the user’s response to customise Carfineart™’s offerings and service to our users.

The user has the ability to accept or decline cookies. Most browsers automatically accept cookies, but a user can usually modify his or her browser setting to decline cookies. Please be aware that the site is optimally designed to operate with cookies enabled in the internet browser. If you choose to decline cookies, you may not be able to sign in or use other interactive features of our sites and services that depend on cookies but you will be able to perform basic navigation through the site. Disabling cookies may negatively impact your experience of the site.

Security of the User’s Personal Information

The security of our user’s personal information is important to Carfineart™ and do we follow generally accepted industry standards to help protect our user’s personal information including without limitation:

  1. Limiting access to a user’s personal information only to our employees who require it to provide services to our users;
  2. Requiring employees to sign confidentiality agreements to protect customer and other confidential information;
  3. Ensuring that third-party service providers sign confidentiality agreements to maintain the confidentiality of our user’s personal information and not to use it for any unauthorized purposes;
  4. Personal information collected is retained as long as it is reasonably required for the purposes it was collected;
  5. Encrypting credit card information on our order forms using secure socket layer (SSL) technology; and
  6. Storing our user’s personal information in secure computer systems which protect it from unauthorized access or use.

However, no method of transmission over the Internet, or method of electronic storage, is 100% secure, therefore absolute security cannot be guaranteed. It is the user’s responsibility to keep his or her password confidential.

Forums, Social Media & Other Interactive Services

Carfineart™’s sites may include discussion forums or other interactive areas or services, including blogs, Facebook, twitter, LinkedIn, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services in which our users or third parties create, post or store any content, messages, comments, materials or other items on the sites (“Interactive Areas”).

If you as the user use an Interactive Area, you should be aware that these areas are open to the public and any personal information you post or provide at registration may be viewable by others. 

Carfineart™ is not responsible for personal information submitted by any user in connection with the Interactive Areas, nor are we responsible for how others might use that information, including sending unsolicited messages. 

Interactive Area postings may be retained indefinitely. If at any time a user would like to remove a posting, please email us at sup maryna@Carfineart.com Keep in mind that removal of a posting from an Interactive Area does not mean that the posting will be deleted from the systems.

The SITE may include Social Media Features, such as the Facebook Like button and Widgets, such as the Share this button or interactive mini-programs that run on our site. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on the Site. Your interactions with these Features are governed by the privacy policy of the company providing it.

Children under 18 years

Carfineart™ will not collect personal information from anyone under the age of 18 without parental consent. If the user is under 18, he or she may not use this site nor enter information on this site, including without limitation, any Interactive Areas of the site without parental consent.

Please contact Customer Services at  maryna@Carfineart.com to obtain the necessary parental consent forms.

Links to other websites

Carfineart™ may link to websites, including those of any subsidiaries and third-party content providers that have different privacy policies and practices from those disclosed here

Carfineart™ assumes no responsibility for the policies or practices of such linked sites, and advise our users to acquaint themselves with the terms and conditions of these sites prior to use.

Changes to This Privacy Policy

Carfineart™ reserves the right to change the terms of this privacy policy at any time. Such changes will be indicated as “last updated” date at the top of the policy. Should there be material changes to this policy Carfineart™ will notify all our users by posting a notice of such changes on our home page, or by sending our users a notice by email. It is the users’ responsibility to familiarise themselves with this policy and the changes effected hereto from time to time before visiting our website.

© 2020 Carfineart™ (Pty) Ltd (Carfineart™) All rights reserved. Privacy Policy