terms-and-conditions-current



TERMS AND CONDITIONS
    Last updated January 23, 2025
AGREEMENT TO OUR LEGAL TERMS

        We are Gallery360Africa (herein referred to as "Company", "we", "us", or "our"), a

        company registered in South Africa, at 16 Hodgson

        Road, Kirstenhof, Kimberley, Northern Cape, 8300.
        We operate the mobile application Gallery360Africa (the 'App'), as well as any other related products and services that refer or link to these legal terms (the 'Legal Terms') (collectively, the 'Services').

        Experience the vibrant world of African art like never before with Gallery360Africa. As the leading e-commerce and streaming platform, we take pride in representing the highest quality of art and showcasing the incredible talents of artists from all corners of Southern Africa and its diaspora. Our platform celebrates and respects the artists, which is why we refrain from featuring AI-generated artwork and exclusively showcase the work of dedicated and talented humans. From visual art to sculptures, ceramics to literature, and music to photography, we feature a diverse range of genres, catering to the varied tastes of our audience. We pride ourselves in featuring both intermediate and established artists. With their own personalized page on our platform, our featured artists have the autonomy to upload their art, exhibitions, and track their sales and package delivery, making it a convenient and efficient platform for both buyers and artists alike.
        You can contact us by phone at 0765472444, email at wesleypepper@gmail.com, or by mail to 16 Hodgson Road,

        Kirstenhof, KIMBERLEY, Northern cape, 8300, South Africa. 
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('you'), and Gallery360Africa, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms.
        IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
        We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by wesleypepper@gmail.com, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.
        The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
        We recommend that you print a copy of these Legal Terms for your records.
    
TABLE OF CONTENTS

OUR SERVICES
INTELLECTUAL PROPERTY RIGHTS
USER REPRESENTATIONS
USER REGISTRATION
PRODUCTS
PURCHASES AND PAYMENT
SUBSCRIPTIONS
RETURN POLICY
PROHIBITED ACTIVITIES
USER GENERATED CONTRIBUTIONS
CONTRIBUTION LICENCE
GUIDELINES FOR REVIEWS
MOBILE APPLICATION LICENCE
SOCIAL MEDIA
ADVERTISERS
SERVICES MANAGEMENT
PRIVACY POLICY
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
TERM AND TERMINATION
MODIFICATIONS AND INTERRUPTIONS
GOVERNING LAW
DISPUTE RESOLUTION
CORRECTIONS
DISCLAIMER
LIMITATIONS OF LIABILITY
INDEMNIFICATION
USER DATA
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
CALIFORNIA USERS AND RESIDENTS
MISCELLANEOUS
CONTACT US

1. OUR SERVICES

        The information provided when using the Services 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 or which

        would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who

        choose to access the Services 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.
    
The POPI Act of South Africa
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property

        We are the owner or the licensee of all intellectual property rights in our Services, including all source code,

        databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the

        Services (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the

        'Marks').
    

        Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights

        and unfair competition laws) and treaties in the United States and around the world.
    

        The Content and Marks are provided in or through the Services 'AS IS' for your personal, non-commercial use or

        internal business purpose only.
    
Your use of our Services

        Subject to your compliance with these Legal Terms, including the 'PROHIBITED ACTIVITIES ' section below, we

        grant you a non-exclusive, non- transferable, revocable licence to: access the Services; and download or print a copy

        of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial

        use or internal business purpose.
    

        Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or

        Marks

        may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated,

        transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without

        our

        express prior written permission.
    

        If you wish to make any use of the Services, Content, or Marks other than as set out in this section or

        elsewhere in

        our Legal Terms, please address your request to: wesleypepper@gmail.com. If we ever grant you the permission to

        post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or

        licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is

        visible on posting, reproducing, or displaying our Content.
    

        We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
    

        Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your

        right

        to use our Services will terminate immediately.
    
Your submissions and contributions

        Please review this section and the 'PROHIBITED ACTIVITIES' section carefully prior to using our Services to

        understand the (a) rights you give us and (b) obligations you have when you post or upload any content through

        the

        Services.
    

        Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information

        about

        the Services ('Submissions'), you agree to assign to us all intellectual property rights in such Submission. You

        agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful

        purpose, commercial or otherwise, without acknowledgment or compensation to you.

        Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards,

        online

        forums, and other functionality during which you may create, submit, post, display, transmit, publish,

        distribute,

        or broadcast content and materials to us or through the Services, including but not limited to text, writings,

        video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or

        other

        material ('Contributions'). Any Submission that is publicly posted shall also be treated as a Contribution.

        You understand that Contributions may be viewable by other users of the Services.

        When you post Contributions, you grant us a licence (including use of your name, trademarks, and logos): By

        posting

        any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,

        royalty-free, fully-paid, worldwide right, and licence to: use, copy, reproduce, distribute, sell, resell,

        publish,

        broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in

        part),

        and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose,

        commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your

        Contributions, and to sublicence the licences granted in this section. Our use and distribution may occur in any

        media formats and through any media channels.
    

        This licence includes our use of your name, company name, and franchise name, as applicable, and any of the

        trademarks, service marks, trade names, logos, and personal and commercial images you provide.

        You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through

        any

        part of the Services or making Contributions accessible through the Services by linking your account through the

        Services to any of your social networking accounts, you:
        confirm that you have read and agree with our 'PROHIBITED ACTIVITIES ' and will not post, send, publish, upload,

        or

        transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful,

        harmful,

        defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit,

        false, inaccurate, deceitful, or misleading; to the extent permissible by applicable law, waive any and all

        moral rights to any such Submission and/or

        Contribution; warrant that any such Submission and/or Contributions are original to you or that you have the

        necessary rights and

        licences to submit such Submissions and/or Contributions and that you have full authority to grant us the

        above-mentioned rights in relation to your Submissions and/or Contributions; and

        warrant and represent that your Submissions and/or Contributions do not constitute confidential information.

        You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for

        any

        and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual

        property rights, or (c) applicable law.
    

        We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have

        the

        right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider

        such

        Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may

        also

        suspend or disable your account and report you to the authorities.
    
Copyright infringement

        We respect the intellectual property rights of others. If you believe that any material available on or through

        the

        Services infringes upon any copyright you own or control, please immediately refer to the ' DIGITAL MILLENNIUM

        COPYRIGHT ACT (DMCA) NOTICE AND POLICY ' section below.
    
3. USER REPRESENTATIONS

        By using the Services, you represent and warrant that: (1) all registration information you submit will be true,

        accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such

        registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal

        Terms; (4) you are not a minor in the jurisdiction in which you reside ; (5) you will not access the Services

        through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the

        Services

        for any illegal or unauthorised purpose; and (7) your use of the Services will not violate any applicable law or

        regulation.
    

        If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to

        suspend

        or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. USER REGISTRATION

        You may be required to register to use the Services. You agree to keep your password confidential and will be

        responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a

        username

        you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise

        objectionable.
    
5. PRODUCTS

        We make every effort to display as accurately as possible the colours, features, specifications, and details of

        the

        products available on the Services. However, we do not guarantee that the colours, features, specifications, and

        details of the products will be accurate, complete, reliable, current, or free of other errors, and your

        electronic

        display may not accurately reflect the actual colours and details of the products. All products are subject to

        availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any

        products

        at any time for any reason. Prices for all products are subject to change.
    
6. PURCHASES AND PAYMENT

        We accept the following forms of payment:
        - PayPal
    

        You agree to provide current, complete, and accurate purchase and account information for all purchases made via

        the

        Services. You further agree to promptly update account and payment information, including email address, payment

        method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

        Sales

        tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All

        payments

        shall be in South African Rand [ZA].
    

        You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees,

        and

        you authorise us to charge your chosen payment provider for any such amounts upon placing your order. We reserve

        the

        right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

        We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or

        cancel quantities purchased per person, per household, or per order. These restrictions may include orders

        placed by

        or under the same customer account, the same payment method, and/or orders that use the same billing or shipping

        address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by

        dealers, resellers, or distributors.
    
7. SUBSCRIPTIONS
Billing and Renewal

        We will contact you to renew your subscription once it has expired.
    
Free Trial

        We offer a __________-day free trial to new users who register with the Services. The account will not be

        charged

        and the subscription will be suspended until upgraded to a paid version at the end of the free trial.
Cancellation

        You can cancel your subscription at any time by contacting us using the contact information provided below. Your

        cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied

        with

        our Services, please email us at wesleypepper@gmail.com.
    
Fee Changes

        We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in

        accordance with applicable law.
    
8. RETURN POLICY

        Please review our Return Policy posted on the Services prior to making any purchases.
9. PROHIBITED ACTIVITIES

        You may not access or use the Services for any purpose other than that for which we make the Services available.

        The

        Services may not be used in connection with any commercial endeavours except those that are specifically

        endorsed or

        approved by us.
    

        As a user of the Services, you agree not to:

 Systematically retrieve data or other content from the Services to create or compile, directly or

            indirectly, a

            collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account

            information such

            as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including

            features that

            prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services

            and/or the

            Content contained therein.
 Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
        
Use any information obtained from the Services in order to harass, abuse, or harm another person.
        
 Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorised framing of or linking to the Services.
 Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material,

            including

            excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with

            any

            party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or

            interferes with

            the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any

            data

            mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active

            information

            collection or transmission mechanism, including without limitation, clear graphics interchange formats

            ('gifs'), 1×1

            pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive

            collection

            mechanisms' or 'pcms' ).
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to

            the

            Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of

            the

            Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or

            any

            portion of the Services.
Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other

            code.

            Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the

            software

            comprising or in any way making up a part of the Services.

            Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or

            distribute

            any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline

            reader

            that accesses the Services, or use or launch any unauthorised script or other software.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by

            electronic or other means for the purpose of sending unsolicited email, or creating user accounts by

            automated means

            or under false pretences.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content

            for any

            revenue-generating endeavour or commercial enterprise.
Sell or otherwise transfer your profile.
Upload AI (Artificial Intelligence) generated artworks.
Upload bigot or racist artwork or text or language


10. USER GENERATED CONTRIBUTIONS

        The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and

        other functionality, and may provide you with the opportunity to create, submit, post, display, transmit,

        perform,

        publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to

        text,

        writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material

        (collectively, 'Contributions'). Contributions may be viewable by other users of the Services and through

        third-party websites. As such, any Contributions you transmit may be treated as non-confidential and

        non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

 The creation, distribution, transmission, public display, or performance, and the accessing, downloading,

            or copying

            of your Contributions do not and will not infringe the proprietary rights, including but not limited to the

            copyright, patent, trademark, trade secret, or moral rights of any third party.
 You are the creator and owner of or have the necessary licences, rights, consents, releases, and

            permissions to use

            and to authorise us, the Services, and other users of the Services to use your Contributions in any manner

            contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and every identifiable individual person in

            your

            Contributions to use the name or likeness of each and every such identifiable individual person to enable

            inclusion

            and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes,

            chain

            letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or

            otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person

            and to

            promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to

            protect

            the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin,

            gender, sexual

            preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal

            Terms,

            or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among

            other

            things, termination or suspension of your rights to use the Services.

11. CONTRIBUTION LICENCE

        By posting your Contributions to any part of the Services or making Contributions accessible to the Services by

        linking your account from the Services to any of your social networking accounts , you automatically grant, and

        you

        represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable,

        perpetual,

        non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to host, use, copy,

        reproduce,

        disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display,

        reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including,

        without

        limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare

        derivative

        works of, or incorporate into other works, such Contributions, and grant and authorise sublicences of the

        foregoing.

        The use and distribution may occur in any media formats and through any media channels.
    

        This licence will apply to any form, media, or technology now known or hereafter developed, and includes our use

        of

        your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade

        names,

        logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you

        warrant that moral rights have not otherwise been asserted in your Contributions.
    

        We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions

        and

        any intellectual property rights or other proprietary rights associated with your Contributions. We are not

        liable

        for any statements or representations in your Contributions provided by you in any area on the Services. You are

        solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and

        all

        responsibility and to refrain from any legal action against us regarding your Contributions.
    

        We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any

        Contributions;

        (2) to re-categorise any Contributions to place them in more appropriate locations on the Services; and (3) to

        pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to

        monitor your Contributions.
    
12. GUIDELINES FOR REVIEWS

        We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply

        with

        the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your

        reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your

        reviews

        should not contain discriminatory references based on religion, race, gender, national origin, age, marital

        status,

        sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you

        should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions

        as to

        the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organise a

        campaign encouraging others to post reviews, whether positive or negative.
    

        We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen

        reviews

        or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by

        us,

        and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not

        assume

        liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a

        review,

        you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and

        sublicensable right and licence to reproduce, modify, translate, transmit by any means, display, perform, and/or

        distribute all content relating to review.
    
13. MOBILE APPLICATION LICENCE
Use Licence
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited

        right to install and use the App on wireless electronic devices owned or controlled by you, and to access and

        use

        the App on such devices strictly in accordance with the terms and conditions of this mobile application licence

        contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse

        engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification,

        adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable

        laws,

        rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any

        proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App;

        (5)

        use the App for any revenue-generating endeavour, commercial enterprise, or other purpose for which it is not

        designed or intended; (6) make the App available over a network or other environment permitting access or use by

        multiple devices or users at the same time; (7) use the App for creating a product, service, or software that

        is,

        directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send

        automated

        queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or

        any of

        our interfaces or our other intellectual property in the design, development, manufacture, licensing, or

        distribution of any applications, accessories, or devices for use with the App.
Apple and Android Devices
 The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an 'App

        Distributor') to access the Services: (1) the licence granted to you for our App is limited to a

        non-transferable

        licence to use the application on a device that utilises the Apple iOS or Android operating systems, as

        applicable,

        and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we

        are

        responsible for providing any maintenance and support services with respect to the App as specified in the terms

        and

        conditions of this mobile application licence contained in these Legal Terms or as otherwise required under

        applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any

        maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform

        to

        any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance

        with

        its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent

        permitted

        by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the

        App;

        (4) you represent and warrant that (i) you are not located in a country that is subject to a US government

        embargo,

        or that has been designated by the US government as a 'terrorist supporting' country and (ii) you are not listed

        on

        any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party

        terms of

        agreement when using the App, e.g. if you have a VoIP application, then you must not be in violation of their

        wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors

        are

        third-party beneficiaries of the terms and conditions in this mobile application licence contained in these

        Legal

        Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to

        enforce

        the terms and conditions in this mobile application licence contained in these Legal Terms against you as a

        third-party beneficiary thereof.
14. SOCIAL MEDIA
 As part of the functionality of the Services, you may link your account with online accounts you have with

        third-party service providers (each such account, a 'Third-Party Account') by either: (1) providing your

        Third-Party

        Account login information through the Services; or (2) allowing us to access your Third-Party Account, as is

        permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You

        represent

        and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us

        access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your

        use of

        the applicable Third- Party Account, and without obligating us to pay any fees or making us subject to any usage

        limitations imposed by the third-party service provider of the Third- Party Account. By granting us access to

        any

        Third- Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any

        content

        that you have provided to and stored in your Third- Party Account (the 'Social Network Content') so that it is

        available on and through the Services via your account, including without limitation any friend lists and (2) we

        may

        submit to and receive from your Third-Party Account additional information to the extent you are notified when

        you

        link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to

        the

        privacy settings that you have set in such Third- Party Accounts, personally identifiable information that you

        post

        to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a

        Third-Party Account or associated service becomes unavailable or our access to such Third- Party Account is

        terminated by the third-party service provider, then Social Network Content may no longer be available on and

        through the Services. You will have the ability to disable the connection between your account on the Services

        and

        your Third- Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE

        PROVIDERS

        ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE

        PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to,

        for

        accuracy, legality, or non- infringement, and we are not responsible for any Social Network Content. You

        acknowledge

        and agree that we may access your email address book associated with a Third-Party Account and your contacts

        list

        stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those

        contacts who have also registered to use the Services. You can deactivate the connection between the Services

        and

        your Third-Party Account by contacting us using the contact information below or through your account settings

        (if

        applicable). We will attempt to delete any information stored on our servers that was obtained through such

        Third-Party Account, except the username and profile picture that become associated with your account.
15. ADVERTISERS
We allow advertisers to display their advertisements and other information in certain areas of the Services, such

        as

        sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and

        we

        have no other relationship with advertisers.
16. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms;

        (2)

        take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms,

        including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and

        without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent

        technologically

        feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation,

        notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive

        in

        size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to

        protect our rights and property and to facilitate the proper functioning of the Services.
17. PRIVACY POLICY

        We care about data privacy and security. Please review our Privacy Policy: Gallery360africa’s Privacy Policy
1. Introduction

        This Privacy Policy explains how Gallery360Africa collects, uses, discloses, and protects your personal

        information. We are committed to protecting your privacy and complying with applicable data protection laws in

        South

        Africa.
    
2. Information We Collect

Personal Information:


                Account Information: When you create an account, we may

                collect information such as your name, email address, phone number, and date of birth.
            

                Order Information: We

                collect information related to your orders, including shipping and billing addresses, payment details

                (card

                information is processed securely by our payment gateway provider), and order history.
            

                Contact Information: We may

                collect your contact information to provide customer support, respond to inquiries, and send updates.
            

                Marketing Preferences: We may collect information about your marketing preferences, such as

                whether you wish to receive email

                newsletters or promotional offers.
            

                Device Information: We may collect information about the device you use to

                access our app, such as your IP address, device type, operating system, and browser information.
            

                Location Information: If you enable location services, we may collect your location information

                to provide relevant services,

                such as finding nearby artists or art events.
            

                Social Media Information: If you connect your social media accounts

                to our app, we may collect information from those accounts, such as your profile information and public

                posts.
            


            Non-Personal Information: We may also collect non- personal information, such as aggregated data

            about app usage and

            traffic patterns, which does not identify individual users.
        

3. How We Use Your Information

        We use your personal

        information for the following purposes:

To process and fulfill your orders: This includes processing payments,

                shipping orders, and providing customer support.
To communicate with you: We may use your contact information to

                send you order confirmations, shipping and general updates, and other relevant information.
To provide customer

                support: We use your information to respond to your inquiries and resolve any issues you may have.
To personalize

                your experience: We may use your information to personalize your experience on our app, such as by recommending

                products or artists that you may be interested in.
To improve our app and services: We may use your information to

                improve our app's functionality, analyze usage trends, and develop new features.
To comply with legal and

                regulatory obligations: We may use your information to comply with applicable laws and regulations, such as tax laws

                and anti-money laundering laws.
For marketing purposes: With your consent, we may use your information to send you

                marketing communications, such as email newsletters and promotional offers. You can unsubscribe from these

                communications at any time.

4. Disclosure of Your Information

        We may disclose your personal information to:

Third-party service providers: We may share your information with third-party service providers who assist us in

            operating our app and providing our services, such as payment processors, shipping carriers, and marketing

            platforms. These service providers are contractually obligated to protect your personal information.
Business

            partners: We may share your information with our business partners, such as artists and galleries, to facilitate the

            sale of their artwork.
Law enforcement and other authorities: We may disclose your information to law enforcement

            or other authorities if required by law or to protect our rights and the rights of others.

5. Data Security

        We take appropriate security measures to protect your personal information from unauthorized access, use, disclosure, or

    destruction. These measures include:

Encryption: We use encryption technology to protect your sensitive

            information, such as your payment card details.
Access controls: We restrict access to your personal information

            to authorized personnel only.
Regular security audits: We conduct regular security audits to identify and address

            any potential vulnerabilities.

6. POPIA
Your Rights Under POPIA, you have certain rights regarding your personal

        information, including the right to:

Access: Request access to your personal information that we hold.
Correction: Request correction of any inaccurate or incomplete personal information.
Erasure: Request erasure of your personal information in certain circumstances.
Restriction: Request restriction of the processing of your personal information in certain circumstances.
Data portability: Request portability of your personal information to another data controller.
Objection: Object to the processing of your personal information in certain circumstances. To exercise any of

            these rights, please contact us using the contact information provided below.

7. Children's Privacy
Our app is not intended for use by children under the age of 13. We do not knowingly collect

        personal information from children under 13.
8. Changes to this Privacy Policy
We may update this Privacy Policy

        from time to time. We will notify you of any material changes by posting the updated policy on our app and, if

        necessary, by sending you a notification.
9. Contact Us
If you have any questions about this Privacy Policy or our

        privacy practices, please contact us at: [Your Email Address] [Your Phone Number] [Your Postal Address] . By

        using

        the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please

        be

        advised the Services are hosted in South Africa . If you access the Services from any other region of the world

        with

        laws or other requirements governing personal data collection, use, or disclosure that differ from applicable

        laws

        in South Africa , then through your continued use of the Services, you are transferring your data to South

        Africa ,

        and you expressly consent to have your data transferred to and processed in South Africa .
18. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
Notifications
We respect the intellectual property rights of others. If you believe that any material available on or through

        the

        Services infringes upon any copyright you own or control, please immediately notify our Designated Copyright

        Agent

        using the contact information provided below (a 'Notification'). A copy of your Notification will be sent to the

        person who posted or stored the material addressed in the Notification. Please be advised that pursuant to

        federal

        law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you

        are

        not sure that material located on or linked to by the Services infringes your copyright, you should consider

        first

        contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following

        information:

        (1) A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive

        right

        that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if

        multiple copyrighted works on the Services are covered by the Notification, a representative list of such works

        on

        the Services; (3) identification of the material that is claimed to be infringing or to be the subject of

        infringing

        activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient

        to

        permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining

        party, such as an address, telephone number, and, if available, an email address at which the complaining party

        may

        be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the

        manner complained of is not authorised by the copyright owner, its agent, or the law; and (6) a statement that

        the

        information in the notification is accurate, and under penalty of perjury, that the complaining party is

        authorised

        to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
Counter Notification
If you believe your own copyrighted material has been removed from the Services as a result of a mistake or

        misidentification, you may submit a written counter notification to our Designated Copyright Agent using the

        contact

        information provided below (a 'Counter Notification'). To be an effective Counter Notification under the DMCA,

        your

        Counter Notification must include substantially the following: (1) identification of the material that has been

        removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a

        statement that you consent to the jurisdiction of the Federal District Court in which your address is located,

        or if

        your address is outside the United States, for any judicial district in which we are located; (3) a statement

        that

        you will accept service of process from the party that filed the Notification or the party's agent; (4) your

        name,

        address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that

        the

        material in question was removed or disabled as a result of a mistake or misidentification of the material to be

        removed or disabled; and (6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore

        your

        removed or disabled material, unless we first receive notice from the party filing the Notification informing us

        that such party has filed a court action to restrain you from engaging in infringing activity related to the

        material in question. Please note that if you materially misrepresent that the disabled or removed content was

        removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees.

        Filing

        a false Counter Notification constitutes perjury.
Designated Copyright Agent

        Wesley Pepper

        Attn: Copyright Agent

        16 Hodgson road

        Kirstenhof

        KIMBERLEY, Northern Cape 8300

        South Africa

        wesleypepper@gmail.com
19. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER

        PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY,

        DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON

        OR

        FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN

        THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE

        SERVICES

        OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE

        DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new

        account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on

        behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take

        appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
20. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at

        our

        sole discretion without notice. However, we have no obligation to update any information on our Services. We

        also

        reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not

        be

        liable to you or any third party for any modification, price change, suspension, or discontinuance of the

        Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other

        problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors.

        We

        reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time

        or

        for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or

        inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of

        the

        Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or

        to

        supply any corrections, updates, or releases in connection therewith.
21. GOVERNING LAW
These Legal Terms shall be governed by and defined following the laws of South Africa . Gallery360Africa and

        yourself irrevocably consent that the courts of South Africa shall have exclusive jurisdiction to resolve any

        dispute which may arise in connection with these Legal Terms.
22. DISPUTE RESOLUTION
You agree to irrevocably submit all disputes related to these Legal Terms or the legal relationship established

        by

        these Legal Terms to the jurisdiction of the South Africa courts. Gallery360Africa shall also maintain the right

        to

        bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these

        Legal

        Terms are entered into in the course of your trade or profession, the state of your principal place of business.
    
23. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions,

        including

        descriptions, pricing, availability, and various other information. We reserve the right to correct any errors,

        inaccuracies, or omissions and to change or update the information on the Services at any time, without prior

        notice.
24. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT

        YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN

        CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF

        MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR

        REPRESENTATIONS

        ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE

        APPLICATIONS

        LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR

        INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,

        RESULTING

        FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR

        ANY

        AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF

        TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED

        TO

        OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR

        FOR

        ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE

        MADE

        AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR

        SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR

        MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE

        RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD- PARTY PROVIDERS OF PRODUCTS OR SERVICES.

        AS

        WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST

        JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
25. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,

        INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST

        REVENUE,

        LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE

        POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR

        ANY

        CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF

        ANY,

        BY YOU TO US DURING THE six (6) mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING . CERTAIN US STATE LAWS AND

        INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN

        DAMAGES.

        IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU

        MAY

        HAVE ADDITIONAL RIGHTS.
26. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our

        respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or

        demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1)

        your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your

        representations

        and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but

        not

        limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with

        whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to

        assume

        the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to

        cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any

        such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
27. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of

        the

        Services, as well as data relating to your use of the Services. Although we perform regular routine backups of

        data,

        you are solely responsible for all data that you transmit or that relates to any activity you have undertaken

        using

        the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and

        you

        hereby waive any right of action against us arising from any such loss or corruption of such data.
28. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You

        consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other

        communications we provide to you electronically, via email and on the Services, satisfy any legal requirement

        that

        such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND

        OTHER

        RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY

        US

        OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules,

        ordinances,

        or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic

        records, or to payments or the granting of credits by any means other than electronic means.
29. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the

        Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market

        Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
30. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services

        constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any

        right

        or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms

        operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to

        others

        at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any

        cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined

        to

        be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these

        Legal

        Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint

        venture,

        partnership, employment or agency relationship created between you and us as a result of these Legal Terms or

        use of

        the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted

        them.

        You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the

        lack of

        signing by the parties hereto to execute these Legal Terms.
31. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the

        Services, please contact us at: 

        Address: Gallery360Africa, 16 Hodgson Road, Kirstenhof, KIMBERLEY, Northern cape, 8300, South Africa 

        Phone: 0765472444 

        wesleypepper@gmail.com