Legal
TERMS AND CONDITIONS
1.
Mira 9 Photography cc, Reg. No. 2005/135029/23
('Mira 9') reserves the right to change the terms,
conditions, and
notices under which its services and the services of this website are offered,
including but not
limited to, the price/s charged for material, photographs, images and services.
You are responsible for regularly reviewing these terms and conditions.
Use of the services offered by Mira 9 directly,
or via this website,
constitutes agreement to all such terms, conditions and notices.
2.
All material,
photographs and images contained, or referred to, in this website, and any material,
photographs or
images purchased, directly or indirectly, from this website, are owned
and protected in terms of copyright law.
All rights reserved. No form of reproduction,
including, but not limited to, copying, saving, manipulation,
alteration, remarketing, redistribution or
resale of said material, photographs and images, other than that granted to bona fide
purchasers, is permitted.
3.
With specific, but not exclusive, reference to digital images, these
images are never sold. What is sold is
the non-exclusive right to the use of such image/s by bona fide purchasers.
4.
All terms and conditions relating to the use of any material, photographs or images purchased
from Mira 9, or to any services offered by
Mira 9,
shall in all respects be (i) governed and construed in accordance with
the laws of the Republic of South Africa; and (ii) subject to the exclusive
jurisdiction of the South African courts. All disputes, actions and other matters
in connection therewith shall be determined in accordance with such laws.
5.
Failure or neglect by Mira 9 to enforce at any time
any of the
terms and conditions of the use of this website, or of any material, photographs or images
purchased from Mira 9 or via this website, or of
any services supplied
by Mira 9 or via this website, shall not
be construed as a waiver
of the rights of Mira 9, nor shall such failure
or neglect in any way effect the
validity of the whole or any part of these terms and conditions, nor prejudice the
rights of Mira 9 to take subsequent action.
6.
Mira 9, its officers, employees, servants, agents
and successors in rights, and others directly
or indirectly in the employment or service of Mira 9,
shall not be responsible for, and shall be exempt
from any liability in respect of,
any expense, loss, damage, injury, illness, death, accident, delay or
inconvenience, or any other occurrence, of whatever nature, however caused, arising from,
or being in any way related to, the
use of this website, or the use of material, photographs or images
supplied by Mira 9 or
via this website, or the use of any services supplied
by Mira 9 or via this website,
whether the
same shall occur and whether the same shall arise from or be occasioned by the
negligence of Mira 9, its officers, employees, servants,
agents or successors in rights, or others directly
or indirectly in the employment or service of Mira 9, or
otherwise under any circumstances whatsoever.
7.
Mira 9, its officers, employees, servants, agents
and successors in rights, and others directly
or indirectly in the employment or service of Mira 9,
shall not be responsible for, and shall be exempt
from any liability in respect of,
any expense, loss, damage, injury, illness, death, accident, delay or
inconvenience, or any other occurrence, of whatever nature, however caused, arising from,
or being in any way related to, the
use of any hyperlinks contained in this website,
or the use of any material or services
supplied as a result of the use of any hyperlinks in this website, whether the
same shall occur and whether the same shall arise from or be occasioned by the
negligence of Mira 9, its officers, employees, servants,
agents or successors in rights, or others directly
or indirectly in the employment or service of Mira 9, or
otherwise under any circumstances whatsoever.
8.
Mira 9, its officers, employees, servants, agents
and successors in rights, and others directly
or indirectly in the employment or service of Mira 9,
shall not be responsible for, and shall be exempt
from any liability in respect of,
any expense, loss, damage, injury, illness, death, accident, delay or
inconvenience, or any other occurrence, of whatever nature, however caused, arising from,
or being in any way related to, the unauthorised, fraudulent or illegal use of any images
contained in this website, or copies thereof in any medium, whether the
same shall occur and whether the same shall arise from or be occasioned by the
negligence of Mira 9, its officers, employees, servants,
agents or successors in rights, or others directly
or indirectly in the employment or service of Mira 9, or
otherwise under any circumstances whatsoever.
9.
With specific, but not exclusive, reference to photographic training and workshops,
Mira 9, its officers, employees, servants, agents
and successors in rights, and others directly
or indirectly in the employment or service of Mira 9, shall
not be responsible for, and shall be exempt
from any liability in respect of, any expense, loss, damage,
injury, illness, death, accident,
delay, inconvenience, or any other occurrence, of whatever nature, however caused, whether the
same shall occur and whether the same shall arise from or be occasioned by the
negligence of Mira 9, its officers, employees, servants,
agents or successors in rights, or others directly
or indirectly in the employment or service of Mira 9, or
otherwise under any circumstances whatsoever,
during, but not limited to, (i) travel to or from a photographic training session,
practical or workshop; and (ii)
the time spent at a photographic training session, practical or workshop.
Mira 9 reserves the right to amend the course
price and/or to restructure the course content at any time.
10.
With specific, but not exclusive, reference to photographic tours, safaris and workshops,
Mira 9, its officers, employees, servants, agents
and successors in rights, and others directly
or indirectly in the employment or service of Mira 9,
shall not be responsible for, and shall be exempt
from any liability in respect of, any expense, loss, damage,
injury, illness, death, accident,
delay, inconvenience, or any other occurrence, of whatever nature, however caused, whether the
same shall occur and whether the same shall arise from or be occasioned by the
negligence of Mira 9, its officers, employees, servants,
agents or successors in rights, or others directly
or indirectly in the employment or service of Mira 9, or
otherwise under any circumstances whatsoever,
during, but not limited to, (i) travel to or
from a tour, safari or workshop; and (ii) the time spent on a tour, safari or workshop.
Mira 9 reserves the right to change routes,
arrangements, conditions and prices.
Departure, pick-up and return times may vary from those stated.
11.
With specific, but not exclusive, reference to wedding management,
Mira 9, its officers, employees, servants, agents
and successors in rights, and others directly
or indirectly in the employment or service of Mira 9,
shall not be responsible for, and shall be exempt
from any liability in respect of, any expense, loss, damage,
injury, illness, death, accident,
delay, inconvenience, or any other occurrence, of whatever nature, however caused, whether the
same shall occur and whether the same shall arise from or be occasioned by the
negligence of Mira 9, its officers, employees, servants,
agents, or successors in rights, or others directly
or indirectly in the employment or service of Mira 9, or
otherwise under any circumstances whatsoever,
during, but not limited to, (i) travel to or from a wedding arranged wholly or partly by
Mira 9; and (ii)
the time spent at a wedding arranged wholly or partly by
Mira 9.
12.
With specific, but not exclusive, reference to wedding management,
Mira 9, its officers, employees, servants, agents
and successors in rights, and others directly
or indirectly in the employment or service of Mira 9,
shall not be responsible for, and shall be exempt
from any liability in respect of, any expense, loss, damage,
injury, illness, death, accident,
delay, inconvenience, or any other occurrence, of whatever nature,
however caused, whether the
same shall occur and whether the same shall arise from or be occasioned by the
negligence of Mira 9, its officers, employees, servants,
agents, or successors in rights, or others directly
or indirectly in the employment or service of Mira 9, or
otherwise under any circumstances whatsoever,
arising from, or being in any way related to, any non-performance of
(i) any sub-contractor or service provider engaged or recommended
by Mira 9, whether their details are listed on
the Mira 9 website or not;
(ii) any sub-contractor or service provider engaged independently
of Mira 9 by a client or clients
of Mira 9, or by any other party on behalf of
a client or clients
of Mira 9; and
(iii) any sub-contractor or service provider whose details appear on
the Mira 9 website.
Mira 9 reserves the right to replace any sub-contractor,
and to remove the details of any service provider from
the Mira 9 website,
as it at its sole discretion deems fit.
13.
With specific, but not exclusive, reference to modelling and casting,
Mira 9, its officers, employees, servants, agents
and successors in rights, and others directly
or indirectly in the employment or service of Mira 9,
shall not be responsible for, and shall be exempt
from any liability in respect of,
any expense, loss, damage, injury, illness, death, accident, delay,
inconvenience, or any other occurrence, of whatever nature, however caused, whether the
same shall occur and whether the same shall arise from or be occasioned by the
negligence of Mira 9, its officers, employees, servants,
agents or successors in rights, or others directly
or indirectly in the employment or service of Mira 9,
or otherwise under any circumstances whatsoever, during, but not limited
to, (i) travel to or from a photo session, casting, audition, shoot or
assignment; and (ii) the time spent at a photo session, casting, audition, shoot
or assignment.
14.
With specific, but not exclusive, reference to modelling and casting,
Mira 9, its officers, employees, servants, agents
and successors in rights, and others directly
or indirectly in the employment or service of Mira 9,
shall not be responsible for, and shall be exempt
from any liability in respect of,
any expense, loss, damage, injury, illness, death, accident, delay,
inconvenience, or any other occurrence, of whatever nature, however caused, whether the
same shall occur and whether the same shall arise from or be occasioned by the
negligence of Mira 9, its officers, employees, servants,
agents or successors in rights, or others directly
or indirectly in the employment or service of Mira 9,
or otherwise under any circumstances whatsoever, arising
from, or being in any way related to, the inaccuracy of any personal information
supplied by the model to Mira 9.
15.
Mira 9, its officers, employees, servants, agents
and successors in rights, and others directly
or indirectly in the employment or service of Mira 9,
shall not be responsible for, and shall be exempt
from any liability in respect of,
any expense, loss, damage, injury, illness, death, accident, delay or
inconvenience, or any other occurrence, of whatever nature, however caused, whether
the same shall occur and whether the same shall arise from or be occasioned by the
negligence of Mira 9, its officers, employees, servants,
agents or successors in rights, or others directly
or indirectly in the employment or service of Mira 9, or
otherwise under any circumstances whatsoever,
arising from, or being in any way related to, the
actions of
(i) any sub-contractor or service provider engaged or recommended
by Mira 9, whether their details are listed on
the Mira 9 website or not;
(ii) any sub-contractor or service provider engaged independently
of Mira 9 by a client or clients
of Mira 9, or by any other party on behalf of
a client or clients
of Mira 9;
(iii) any sub-contractor or service provider whose details appear on
the Mira 9 website;
(iv) any person who is represented
by Mira 9 as a model, actor or extra, or their
parents, guardians, agents or legal representatives;
(v) any client or clients of Mira 9; and
(vi) any guest or guests of a client or clients of Mira 9.
16.
Mira 9 is under no obligation to become involved in any
dispute or disputes of whatever nature which may arise between or among
sub-contractors, service providers, clients and any persons who
are represented
by Mira 9 as models, actors or extras, or their
parents or guardians.
Mira 9, its officers, employees, servants, agents
and successors in rights, and others directly
or indirectly in the employment or service of Mira 9,
shall not be responsible for, and shall be exempt
from any liability in respect of,
any expense, loss, damage, injury, illness, death, accident, delay,
inconvenience, or any other occurrence, of whatever nature, however caused, whether
the same shall occur and whether the same shall arise from or be occasioned by the
negligence of Mira 9, its officers, employees, servants,
agents or successors in rights, or others directly
or indirectly in the employment or service of Mira 9, or
otherwise under any circumstances whatsoever, arising from,
or being in any way related to, any such dispute or disputes.
17.
Mira 9 reserves the right to withdraw any of its
services at any time, temporarily or permanently, as it at its sole discretion deems fit,
and Mira 9,
its officers, employees, servants, agents and successors in rights, and others directly
or indirectly in the employment or service of Mira 9,
shall not be responsible for, and shall be exempt
from any liability in respect of,
any expense, loss, damage, injury, illness, death, accident, delay,
inconvenience, or any other occurrence, of whatever nature, however caused, whether the
same shall occur and whether the same shall arise from or be occasioned by the
negligence of Mira 9, its officers, employees, servants,
agents or successors in rights, or others directly
or indirectly in the employment or service of Mira 9,
or otherwise under any circumstances whatsoever,
arising from, or being in any way related to, such action.
18.
All information contained in, or presented by, this website
is supplied in good faith and Mira 9,
its officers, employees, servants, agents and successors in rights, and others directly
or indirectly in the employment or service of Mira 9,
shall not be responsible for, and shall be exempt
from any liability in respect of,
any expense, loss, damage, injury, illness, death, accident, delay,
inconvenience, or any other occurrence, of whatever nature, however caused, whether the
same shall occur and whether the same shall arise from or be occasioned by the
negligence of Mira 9, its officers, employees, servants,
agents or successors in rights, or others directly
or indirectly in the employment or service of Mira 9,
or otherwise under any circumstances whatsoever,
arising from, or being in any way related to, any inaccuracy or inaccuracies.
19.
Mira 9 does not make any warranty or guarantee
of any nature whatsoever, and does not make any representation that (i) this
website, the material, photographs and images supplied directly
by Mira 9 or via this website, and
any services offered by Mira 9 or via this
website, will be suitable for
any particular requirement; (ii) the information stored in this website, or any backup
thereof, will be secure; and (iii) this website will operate in a timely
manner, without interruption, error-free and virus-free.
20.
Mira 9, Mira 9, www.mira9.co.za, www.mira9.org
and www.saweddinginfo.net are
proprietary trademarks of
Mira 9 Photography cc, Reg. No. 2005/135029/23, and may not be used (i) in relation to any
material, product or service that is not supplied
by Mira 9; (ii) in any manner which may be
confusing; and (iii) in any manner which disparages or
discredits Mira 9.
Any other trademarks and tradenames mentioned in this website or in any
material, product or service supplied
by Mira 9 remain the property of their lawful
owners, and the use of such trademarks or tradenames (i) constitutes neither an
endorsement nor a recommendation of their owners; and (ii) is not intended to
imply, directly or indirectly, that their owners endorse, or have any affiliation
with, Mira 9.
21.
This agreement contains the terms and conditions that apply to the use of this
website, the material, photographs and images supplied directly
by Mira 9 or via this website, and
any services offered by Mira 9 or via this
website, supersedes any previous agreement,
and no other agreement between you and Mira 9 shall be
binding on Mira 9, and no addition to
or variation of these terms and conditions, other than those which may be contained in
an official Mira 9 agreement entered into as a result
of your use of one or more of Mira 9's services, or
those which may be contained in a Mira 9
agreement which has been signed by a duly authorised signatory
of Mira 9, shall be of any force or effect
whatsoever, unless reduced to writing and signed by a
duly authorised signatory of Mira 9.
22.
In the event that any term or condition contained herein is found unenforceable,
invalid or illegal for any reason, such term or condition shall be revised only to
the extent necessary to make it enforceable, without losing its intent, or shall be
severable from this agreement if no such revision is possible, and
the enforceability, validity and legality of the
remaining terms and conditions shall not be affected.
23.
Despite anything to the contrary, Mira 9 reserves
all its rights according to any laws.