Conservation Organization Terms Of Use

Last updated: October 5, 2021

Please read these conservation organization terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Country refers to: South Africa

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Provably Protect, 24 Boshoff Street, Barberton, Mpumalanga.

  • Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

  • Device means any device that can access the Service such as a computer, a cellphone/mobile or a digital tablet.

  • Goods refer to the items offered for sale on the Service.

  • Orders mean a request to purchase Goods from Us.

  • Service refers to the Website.

  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

  • Website refers to Provably Protect, accessible from https://www.provablyprotect.com

  • You means the conservation organization, or other legal entity/individual on behalf of which is accessing or using the Service, as applicable.

  • Buyer means the individual that places a winning bid on the auction and pays the applicable amount to own the photograph or artwork.

  • Seller means the individual or company that owns the photograph or artwork and puts it up for auction on the Provably Protect platform within a collection.

  • Collection Creator means the individual or company that owns the copyright to the photographs or artworks in the collection they have placed on the Provably Protect platform.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Bid and Auction Cancellation

We reserve the right to refuse or cancel a bid and/or auction at any time for certain reasons including but not limited to:

  • Non payment for goods
  • Errors in the description or prices for Goods
  • Errors in the bid and/or auction

We reserve the right to refuse or cancel a bid and/or auction if fraud or an unauthorized or illegal transaction is suspected.

You agree that Provably Protect will not be liable to you or any third party for any bid and/or auction cancellation.

Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be described inaccurately and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, product images and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contributions

Provably Protect undertakes to pay You a contribution out of the proceeds of a completed auction, where the auction Goods Buyer has settled the amount owing by means of a payment to Provably Protect, as follows:

Where You have been nominated and appointed as a partner by a third party Collection Creator, on the first auction (initial sale) the contribution will amount to 40% of the total settled Goods sales that have occured in your partners collection for the period as defined in the contribution payments frequency section below, after deduction of the Provably Protect platform service fee of 15% and all applicable transfer fees.

For every subsequent sale (secondary sale) of Goods in in Your partners collection, where the Seller relists the Goods at a starting price of their own choosing, the payment will amount to 35% of the total settled Goods sales that have occured in Your partners collection for the period as defined in the payments frequency section below, minus all applicable transfer fees.

Where You have created a collection of Your own on the Provably Protect platform, on the first auction (initial sale) where You are still the owner of the Goods, the contribution will amount to 100% of the total settled Goods sales that have occured in Your collection, for the period as defined in the contribution payments frequency section below, after deduction of the Provably Protect platform service fee of 15% and all applicable transfer fees. For every subsequent sale (secondary sale) of Goods in Your collection, where the Seller relists the Goods at a starting price of their own choosing, the payment will amount to 45% of the total settled Goods sales that have occured in Your collection for the period as defined in the contribution payments frequency section below, minus all applicable transfer fees - Collection Creator Terms of use

Any applicable transfer fees for payments in relation to Your collection and partner collections are for Your own account. Transfers include but are not limited to Your transfer fees, Buyer transfer fees, Seller transfer fees and partner Collection Creator transfer fees.

Contribution Payment Frequency

The relevant contribution payments will be made into Your nominated payment account on the 25th of every month for the Goods sold on auction and successfully settled by the Buyer in the preceding month, if the balance owed reaches $US300 or more.

You are responsible for the accuracy of the payment account details submitted. Provably Protect will not be liable for any losses incurred due to incorrect payment account details submitted by You.

Marketing

You agree to promote and publicise the Creator Collections that You are partnered with or that You create using all the channels available to You such as, but not limited to, social media to Your followers/supporters, websites, blogs and newsletters.

Termination

We may terminate or suspend Your partnership with a Collection Creator after making reasonable efforts to provide at least 7 days' notice, without liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your partnership with a Collection Creator, You may after making reasonable efforts to provide Provably Protect with at least 7 days' notice thereof.

You agree that Provably Protect will not be liable to you or any third party for any termination of your partnership with a Collection Creator apart from the payment amount still owed to You through the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the contribution amount owed to You through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 7 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

Agreeing to Terms

Complete the form below, tick the relevant box and click submit to agree to the above terms of use.

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