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GALLERY360AFRICA APP

Gallery 360 Terms and Conditions  

 

1.  What Personal Information Do We Collect?

 

 

 

2.  How Do We Use Your Information?

 

 

Special Offers

 

 

  Business Transfers

 

 

Law Enforcement.

 

 

3.  How Do We Protect the Security of Your Information?

 

  We use a firewall to protect against unlawful intrusion.

  We limit access to your information on a “need to know” basis.

 

4.  Your Choice:  Opt-in or Opt-out.

 

 

5.  Children

 

 

6.  Other Websites

 

 

7.  Contact Us

 

We e-commerce Art App based in South Africa 

    
    AGREEMENT TO OUR LEGAL TERMS
    
        We are Gallery360Africa (herein referred to as  a
        company registered in South Africa, at

16 Hodgson
        Road, Kirstenhof,

Kimberley, Northern Cape,

8300.
        

or by mail to

    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

 

    
        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.
   

    


    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.

   

. 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
            , 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 languag
        

    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 othet things, termination or suspension of your rights to use the Services.
   
 
1. 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.
   

2. 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.


    3. 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.</p>
    Apple and Android Devices</h3>
    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.</p>


    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.
            
                <b>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.
       
. 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.</li>
            To communicate with you: We may use your contact information to
                send you order confirmations, shipping and general updates, and other relevant information.</li>
            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.</li>
            <li>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.

    f 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
        info@gallery360.store


    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
        info@gallery360.store