TERMS & CONDITIONS
Updated at February 18th, 2024
General Terms
By accessing and placing an order with Adele Geldenhuys Art, you confirm that you are in agreement with
and bound by the terms of service contained in the Terms & Conditions outlined below. These terms apply to
the entire website and any email or other type of communication between you and Adele Geldenhuys Art.
Under no circumstances shall Adele Geldenhuys Art team be liable for any direct, indirect, special, incidental
or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the
inability to use, the materials on this site, even if Adele Geldenhuys Art team or an authorized representative
has been advised of the possibility of such damages. If your use of materials from this site results in the need
for servicing, repair or correction of equipment or data, you assume any costs thereof.
Adele Geldenhuys Art will not be responsible for any outcome that may occur during the course of usage of
our resources. We reserve the rights to change prices and revise the resources usage policy in any moment.
License
Adele Geldenhuys Art grants you a revocable, non-exclusive, non-transferable, limited license to download,
install and use the website strictly in accordance with the terms of this Agreement.
These Terms & Conditions are a contract between you and Adele Geldenhuys Art (referred to in these
Terms & Conditions as "Adele Geldenhuys Art", "us", "we" or "our"), the provider of the Adele Geldenhuys
Art website and the services accessible from the Adele Geldenhuys Art website (which are collectively
referred to in these Terms & Conditions as the "Adele Geldenhuys Art Service").
You are agreeing to be bound by these Terms & Conditions. If you do not agree to these Terms &
Conditions, please do not use the Adele Geldenhuys Art Service. In these Terms & Conditions, "you" refers
both to you as an individual and to the entity you represent. If you violate any of these Terms & Conditions,
we reserve the right to cancel your account or block access to your account without notice.
Definitions and key terms
To help explain things as clearly as possible in this Terms & Conditions, every time any of these terms are
referenced, are strictly defined as:
● Cookie: small amount of data generated by a website and saved by your web browser. It is used to
identify your browser, provide analytics, remember information about you such as your language
preference or login information.
● Company: when this terms mention “Company,” “we,” “us,” or “our,” it refers to Adele Geldenhuys Art,
that is responsible for your information under this Terms & Conditions.
● Country: where Adele Geldenhuys Art or the owners/founders of Adele Geldenhuys Art are based, in
this case is South Africa
● Device: any internet connected device such as a phone, tablet, computer or any other device that can
be used to visit Adele Geldenhuys Art and use the services.
● Service: refers to the service provided by Adele Geldenhuys Art as described in the relative terms (if
available) and on this platform.
● Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and
others who provide our content or whose products or services we think may interest you.
● Website: Adele Geldenhuys Art’s site, which can be accessed via this URL:
● You: a person or entity that is registered with Adele Geldenhuys Art to use the Services.
This Terms & Conditions were created with Termify.
Restrictions
You agree not to, and you will not permit others to:
● License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise
commercially exploit the website or make the platform available to any third party.
● Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part
of the website.
● Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of
Adele Geldenhuys Art or its affiliates, partners, suppliers or the licensors of the website.
Payment
If you pay for any of our one-time payment plans, you agree to pay all fees or charges to your account for the
Service in accordance with the fees, charges and billing terms in effect at the time that each fee or charge is
due and payable. Your Payment Provider agreement governs your use of the designated credit card
account, and you must refer to that agreement and not these Terms to determine your rights and liabilities
with respect to your Payment Provider. By providing Adele Geldenhuys Art with your credit card number and
associated payment information, you agree that Adele Geldenhuys Art is authorized to verify information
immediately, and subsequently invoice your account for all fees and charges due and payable to Adele
Geldenhuys Art hereunder and that no additional notice or consent is required. You agree to immediately
notify Adele Geldenhuys Art of any change in your billing address or the credit card used for payment
hereunder. Adele Geldenhuys Art reserves the right at any time to change its prices and billing methods,
either immediately upon posting on our Site or by e-mail delivery to your organization’s administrator(s).
Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall
be the responsibility of and paid for by you.
No contract will exist between you and Adele Geldenhuys Art for the Service until Adele Geldenhuys Art
accepts your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of
communication.
You are responsible for any third-party fees that you may incur when using the Service.
Your Suggestions
Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you
to Adele Geldenhuys Art with respect to the website shall remain the sole and exclusive property of Adele
Geldenhuys Art.
Adele Geldenhuys Art shall be free to use, copy, modify, publish, or redistribute the Suggestions for any
purpose and in any way without any credit or any compensation to you.
Your Consent
We've updated our Terms & Conditions to provide you with complete transparency into what is being set
when you visit our site and how it's being used. By using our website, registering an account, or making a
purchase, you hereby consent to our Terms & Conditions.
Links to Other Websites
This Terms & Conditions applies only to the Services. The Services may contain links to other websites not
operated or controlled by Adele Geldenhuys Art. We are not responsible for the content, accuracy or
opinions expressed in such websites, and such websites are not investigated, monitored or checked for
accuracy or completeness by us. Please remember that when you use a link to go from the Services to
another website, our Terms & Conditions are no longer in effect. Your browsing and interaction on any other
website, including those that have a link on our platform, is subject to that website’s own rules and policies.
Such third parties may use their own cookies or other methods to collect information about you.
Cookies
Adele Geldenhuys Art uses "Cookies" to identify the areas of our website that you have visited. A Cookie is a
small piece of data stored on your computer or mobile device by your web browser. We use Cookies to
enhance the performance and functionality of our website but are non-essential to their use. However,
without these cookies, certain functionality like videos may become unavailable or you would be required to
enter your login details every time you visit the website as we would not be able to remember that you had
logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable
Cookies, you may not be able to access functionality on our website correctly or at all. We never place
Personally Identifiable Information in Cookies.
Changes To Our Terms & Conditions
You acknowledge and agree that Adele Geldenhuys Art may stop (permanently or temporarily) providing the
Service (or any features within the Service) to you or to users generally at Adele Geldenhuys Art’s sole
discretion, without prior notice to you. You may stop using the Service at any time. You do not need to
specifically inform Adele Geldenhuys Art when you stop using the Service. You acknowledge and agree that
if Adele Geldenhuys Art disables access to your account, you may be prevented from accessing the Service,
your account details or any files or other materials which is contained in your account.
If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the
Terms & Conditions modification date below.
Modifications to Our website
Adele Geldenhuys Art reserves the right to modify, suspend or discontinue, temporarily or permanently, the
website or any service to which it connects, with or without notice and without liability to you.
Updates to Our website
Adele Geldenhuys Art may from time to time provide enhancements or improvements to the features/
functionality of the website, which may include patches, bug fixes, updates, upgrades and other
modifications ("Updates").
Updates may modify or delete certain features and/or functionalities of the website. You agree that Adele
Geldenhuys Art has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any
particular features and/or functionalities of the website to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the website, and (ii)
subject to the terms and conditions of this Agreement.
Third-Party Services
We may display, include or make available third-party content (including data, information, applications and
other products services) or provide links to third-party websites or services ("Third- Party Services").
You acknowledge and agree that Adele Geldenhuys Art shall not be responsible for any Third-Party
Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality,
decency, quality or any other aspect thereof. Adele Geldenhuys Art does not assume and shall not have any
liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use
them entirely at your own risk and subject to such third parties' terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by you or Adele Geldenhuys Art.
Adele Geldenhuys Art may, in its sole discretion, at any time and for any or no reason, suspend or terminate
this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Adele Geldenhuys Art, in the event that
you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting
the website and all copies thereof from your computer.
Upon termination of this Agreement, you shall cease all use of the website and delete all copies of the
website from your computer.
Termination of this Agreement will not limit any of Adele Geldenhuys Art's rights or remedies at law or in
equity in case of breach by you (during the term of this Agreement) of any of your obligations under the
present Agreement.
Copyright Infringement Notice
If you are a copyright owner or such owner’s agent and believe any material on our website constitutes an
infringement on your copyright, please contact us setting forth the following information: (a) a physical or
electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the
material that is claimed to be infringing; (c) your contact information, including your address, telephone
number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not
authorized by the copyright owners; and (e) the a statement that the information in the notification is
accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.
Indemnification
You agree to indemnify and hold Adele Geldenhuys Art and its parents, subsidiaries, affiliates, officers,
employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable
attorneys' fees, due to or arising out of your: (a) use of the website; (b) violation of this Agreement or any law
or regulation; or (c) violation of any right of a third party.
No Warranties
The website is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty
of any kind. To the maximum extent permitted under applicable law, Adele Geldenhuys Art, on its own behalf
and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims
all warranties, whether express, implied, statutory or otherwise, with respect to the website, including all
implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and
warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without
limitation to the foregoing, Adele Geldenhuys Art provides no warranty or undertaking, and makes no
representation of any kind that the website will meet your requirements, achieve any intended results, be
compatible or work with any other software, websites, systems or services, operate without interruption, meet
any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Adele Geldenhuys Art nor any Adele Geldenhuys Art's provider makes
any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the
website, or the information, content, and materials or products included thereon; (ii) that the website will be
uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content
provided through the website; or (iv) that the website, its servers, the content, or e-mails sent from or on
behalf of Adele Geldenhuys Art are free of viruses, scripts, trojan horses, worms, malware, timebombs or
other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the
applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not
apply to you.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of Adele Geldenhuys Art and any of its
suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be
limited to the amount actually paid by you for the website.
To the maximum extent permitted by applicable law, in no event shall Adele Geldenhuys Art or its suppliers
be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited
to, damages for loss of profits, for loss of data or other information, for business interruption, for personal
injury, for loss of privacy arising out of or in any way related to the use of or inability to use the website,
third-party software and/or third-party hardware used with the website, or otherwise in connection with any
provision of this Agreement), even if Adele Geldenhuys Art or any supplier has been advised of the
possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so
the above limitation or exclusion may not apply to you.
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and
interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable
law and the remaining provisions will continue in full force and effect.
This Agreement, together with the Privacy Policy and any other legal notices published by Adele Geldenhuys
Art on the Services, shall constitute the entire agreement between you and Adele Geldenhuys Art
concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this
Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be
deemed a further or continuing waiver of such term or any other term, and Adele Geldenhuys Art’s failure to
assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
YOU AND Adele Geldenhuys Art AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED
TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this
Agreement shall not effect a party's ability to exercise such right or require such performance at any time
thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under
this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any
right or power under this Agreement preclude further exercise of that or any other right granted herein. In the
event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this
Agreement shall govern.
Amendments to this Agreement
Adele Geldenhuys Art reserves the right, at its sole discretion, to modify or replace this Agreement at any
time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect.
What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our website after any revisions become effective, you agree to be bound by
the revised terms. If you do not agree to the new terms, you are no longer authorized to use Adele
Geldenhuys Art.
Entire Agreement
The Agreement constitutes the entire agreement between you and Adele Geldenhuys Art regarding your use
of the website and supersedes all prior and contemporaneous written or oral agreements between you and
Adele Geldenhuys Art.
You may be subject to additional terms and conditions that apply when you use or purchase other Adele
Geldenhuys Art's services, which Adele Geldenhuys Art will provide to you at the time of such use or
purchase.
Updates to Our Terms
We may change our Service and policies, and we may need to make changes to these Terms so that they
accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example,
through our Service) before we make changes to these Terms and give you an opportunity to review them
before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms.
If you do not want to agree to these or any updated Terms, you can delete your account.
Intellectual Property
The website and its entire contents, features and functionality (including but not limited to all information,
software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are
owned by Adele Geldenhuys Art, its licensors or other providers of such material and are protected by South
Africa and international copyright, trademark, patent, trade secret and other intellectual property or
proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in
any way, in whole or in part, without the express prior written permission of Adele Geldenhuys Art, unless
and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is
prohibited.
Agreement to Arbitrate
This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS
FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR
OR Adele Geldenhuys Art’s INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute,
action, or other controversy between you and Adele Geldenhuys Art concerning the Services or this
agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable
basis. “Dispute” will be given the broadest possible meaning allowable under law.
Notice of Dispute
In the event of a dispute, you or Adele Geldenhuys Art must give the other a Notice of Dispute, which is a
written statement that sets forth the name, address, and contact information of the party giving it, the facts
giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to:
info@adelegeldenhuysart.com. Adele Geldenhuys Art will send any Notice of Dispute to you by mail to your
address if we have it, or otherwise to your email address. You and Adele Geldenhuys Art will attempt to
resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is
sent. After sixty (60) days, you or Adele Geldenhuys Art may commence arbitration.
Binding Arbitration
If you and Adele Geldenhuys Art don’t resolve any dispute by informal negotiation, any other effort to resolve
the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up
the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury.
The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the
American Arbitration Association. Either party may seek any interim or preliminary injunctive relief from any
court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion
of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing
party shall be borne by the non-prevailing party.
Submissions and Privacy
In the event that you submit or post any ideas, creative suggestions, designs, photographs, information,
advertisements, data or proposals, including ideas for new or improved products, services, features,
technologies or promotions, you expressly agree that such submissions will automatically be treated as
non-confidential and non-proprietary and will become the sole property of Adele Geldenhuys Art without any
compensation or credit to you whatsoever. Adele Geldenhuys Art and its affiliates shall have no obligations
with respect to such submissions or posts and may use the ideas contained in such submissions or posts for
any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and
marketing products and services using such ideas.
Promotions
Adele Geldenhuys Art may, from time to time, include contests, promotions, sweepstakes, or other activities
(“Promotions”) that require you to submit material or information concerning yourself. Please note that all
Promotions may be governed by separate rules that may contain certain eligibility requirements, such as
restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine
whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to
comply with all Promotions Rules.
Additional terms and conditions may apply to purchases of goods or services on or through the Services,
which terms and conditions are made a part of this Agreement by this reference.
Typographical Errors
In the event a product and/or service is listed at an incorrect price or with incorrect information due to
typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or
service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not
the order has been confirmed and your credit card charged. If your credit card has already been charged for
the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or
other payment account in the amount of the charge.
Miscellaneous
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions
to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any
waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an
authorized representative of Adele Geldenhuys Art. Adele Geldenhuys Art will be entitled to injunctive or
other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or
anticipatory breach by you. Adele Geldenhuys Art operates and controls the Adele Geldenhuys Art Service
from its offices in South Africa. The Service is not intended for distribution to or use by any person or entity in
any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly,
those persons who choose to access the Adele Geldenhuys Art Service from other locations do so on their
own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are
applicable. These Terms & Conditions (which include and incorporate the Adele Geldenhuys Art Privacy
Policy) contains the entire understanding, and supersedes all prior understandings, between you and Adele
Geldenhuys Art concerning its subject matter, and cannot be changed or modified by you. The section
headings used in this Agreement are for convenience only and will not be given any legal import.
Disclaimer
Adele Geldenhuys Art is not responsible for any content, code or any other imprecision.
Adele Geldenhuys Art does not provide warranties or guarantees.
In no event shall Adele Geldenhuys Art be liable for any special, direct, indirect, consequential, or incidental
damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out
of or in connection with the use of the Service or the contents of the Service. The Company reserves the
right to make additions, deletions, or modifications to the contents on the Service at any time without prior
notice.
The Adele Geldenhuys Art Service and its contents are provided "as is" and "as available" without any
warranty or representations of any kind, whether express or implied. Adele Geldenhuys Art is a distributor
and not a publisher of the content supplied by third parties; as such, Adele Geldenhuys Art exercises no
editorial control over such content and makes no warranty or representation as to the accuracy, reliability or
currency of any information, content, service or merchandise provided through or accessible via the Adele
Geldenhuys Art Service. Without limiting the foregoing, Adele Geldenhuys Art specifically disclaims all
warranties and representations in any content transmitted on or in connection with the Adele Geldenhuys Art
Service or on sites that may appear as links on the Adele Geldenhuys Art Service, or in the products
provided as a part of, or otherwise in connection with, the Adele Geldenhuys Art Service, including without
limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party
rights. No oral advice or written information given by Adele Geldenhuys Art or any of its affiliates, employees,
officers, directors, agents, or the like will create a warranty. Price and availability information is subject to
change without notice. Without limiting the foregoing, Adele Geldenhuys Art does not warrant that the Adele
Geldenhuys Art Service will be uninterrupted, uncorrupted, timely, or error-free.
Contact Us
Don't hesitate to contact us if you have any questions.
● Via Email: info@adelegeldenhuysart.com
● Via Phone Number: (+27) 61 3032281
● Via this Link: www.adelegeldenhuysart.com