Client Gallery Access

To receive password access please read and submit the image license agreement below.

We encourage our clients to use our images to promote their Rooibos products, and the licence below protects both of us when you use them.

 

Any client who has purchased one pallet (900 kg) of rooibos from Klipopmekaar within the previous 24 months qualifies as a “gallery access client” and is entitled to use our images. You can use the images you access for as long as you’d like to. If you haven’t purchased from us for 24 months or more your access to the image gallery will cease, so you won’t be able to access new images, but you can continue to use any images which you have already accessed.

 

The licence below allows you to use the images to market your brands in:

  • digital media, including use on your websites and in social media
  • outdoor media, including billboards and posters
  • print media in all forms

If you would like to use the images in any way other than those set out above (e.g. for product packaging), please contact us for special consent.

 

You may not sell the images or allow a third party to use them, although we understand that you cannot control use or copying of the images by third parties over the internet. Images may not be used in any way which:

  • is offensive, defamatory, inappropriate or illegal
  • infringes another person’s rights
  • negatively affects the reputation of Cedar Vista Farming CC, Klipopmekaar Rooibos Farm or our other customers

You don’t need to attribute the images to us, but you may not credit anyone else with ownership of the images.

 

If you would like to access our image gallery, please fill out the form below and click “Accept”, in order to agree to the terms of the licence. Please read the licence carefully: once accepted it will form the contract between Cedar Vista Farming CC and you.

License

This Website (www.klipopmekaar.co.za), including the Image Gallery, is operated by Cedar Vista Farming CC (Owner of Klipopmekaar Rooibos Farm).

Klipopmekaar is an organic Rooibos tea farm which supplies premium tea brands direct with top quality rooibos. We can be contacted at richard@klipopmekaar.co.za


Last updated: September 2021

 

  • Licence to use Images
    1. Subject to the restrictions in this Licence we grant you a non-exclusive perpetual licence to use the Images.
    2. The Licence applies only to you for the Permitted Use (defined below).  You may not assign the benefit of the Licence to any third party without our written permission.
    3. You are not obliged to attribute the Images to us or to credit us in any respect in association with the Images. However, you may not attribute any Images to any third party, including in particular any other producer or supplier of Rooibos tea.
  • Copyright and title
    1. To the extent that we hold copyright in any of the Images, such copyright shall be retained by us at all times throughout the world and we assert our right to be identified as the author of an artistic work in accordance with the provisions of the Copyright Act No. 98 of 1978.
    2. Title to all Images remains with us at all times.
  • Non-exclusivity
    1. The Licence is non-exclusive.
    2. We may use the Images for any purposes and license the Images to third parties.
  • Exceptions and restrictions
    1. The Permitted Use is subject to the following exceptions and restrictions: 
      1. You will not sell or assign any of the Images (or any part of them) to third parties; 
      2. except as expressly stated in this Licence, no part of the Images may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and 
      3. any use of the Images for a purpose which falls outside of the Permitted Use (e.g. on product packaging) requires our prior express written permission.
    2. We acknowledge that you cannot control use or copying of the images by third parties over the internet, and we will not hold you liable for any such third party use.
    3. The restrictions in this clause 4 shall apply to all Images, any and all parts thereof, and any derivative works created by you using the Images.
    4. You acknowledge that the Images are made available for use by you on the basis that we give no warranty as to:
      1. the accuracy of any information contained in the Images;
      2. the intellectual property rights in respect of the Images.
  • Your obligations
    1. You may not use the Images in association with any content which:
      1. is offensive, defamatory, inappropriate or illegal;
      2. infringes or violates another person’s rights (including intellectual property rights, and rights of privacy, reputation and publicity); 
      3. which brings Cedar Vista Farming CC, or its Klipopmekaar or its brands, other customers or products into disrepute; or
      4. is otherwise in conflict with this Licence.
    2. You are responsible for complying with all applicable laws and regulations of the territory in which you use and/or publish the Images.
    3. Failure to comply with your obligations under this Licence may result in your exclusion from the Website and/or Image Gallery, and the cancellation of the Licence to use the Images, without notice at our sole discretion.
  • Termination
    1. We have the right to terminate this Licence at any time immediately by written notice if you have not placed an order for Rooibos tea with Cedar Vista Farming CC (Owner of Klipopmekaar Rooibos Farm) for 24 months or more.
    2. In the event of termination under this clause 6 you shall have the right to continue to use those Images which you had used prior to the termination, but you will have no right to access the Image Gallery or to use any new Images.
  • Liability
    1. We will not be liable for any loss of any kind including lost profits or other consequential losses arising from your use or inability to use the Images or from errors or deficiencies in any Images.
    2. You should ensure that any Image used by you is appropriate for its intended purpose. We give no warranty that any Image will be fit for its intended purpose, useful to you or of satisfactory quality. 
    3. We will not be liable for any loss or damage suffered as a result of:
      1. the use of any Image; or
      2. any errors or omissions in any Image.
    4. We give no warranty as to the intellectual property rights or ownership of any of the Images.
    5. You indemnify us in respect of any claims against us by third parties resulting from your breach of this Licence.
  • Changes to the Website, the Image Gallery and these Terms and Conditions
    1. We reserve the right to change the Website, the Images (and which Images are available in the Image Gallery) and this Licence at any time. 
    2. You will be bound by any changes to this Licence from the first time you access the Image Gallery following the changes.
  • Availability of the Website, the Images and the Image Gallery
    1. The Website, the Images and the Image Gallery are provided “as is” and on an “as available” basis. We give no warranty that the Website, the Images or the Image Gallery will be free of defects and/or faults.
    2. We accept no liability for any non-availability of the Website, the Images or the Image Gallery.
  • Waiver
    1. No delay, act or omission by us in exercising any right or remedy will be deemed to be a waiver of that or any other right or remedy.
  • Severance
    1. If any provision of this Licence is or becomes invalid, illegal or unenforceable, it will be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted.
  • Law and Jurisdiction
    1. These Terms are governed by the laws of South Africa. Any dispute relating to these Terms shall fall within that jurisdiction.
  • Definitions and interpretation
    1. The following definitions apply in these Terms:
    2. Client or you: Being a client or customer of Cedar Vista Farming CC (owner of Klipopmekaar Rooibos Farm);
    3. Image Gallery: gallery of Images available on the Website;
    4. Images: photographs , videos and other images which appear in the Image Gallery;
    5. Klipopmekaar, we or us: Cedar Vista Farming CC, a close corporation registered in South Africa with number 2007/102055/23 and registered address at 292 Cape Holly Road, De Goede Hoop Estate, Noordhoek, 7979, South Africa.
    6. License: this licence to use the Images;
    7. Permitted Use :the purposes for which the Images may be used, being for the purpose of marketing Client brands, such marketing to include: digital media, including use on Client or client’s brand websites and in social media; outdoor media, including billboards and posters; and print media in all forms;
    8. Terms: these terms and conditions, as updated from time to time;
    9. Website: the website that you are currently using (www.klipopmekaar.co.za) and any sub-domains of this site unless expressly excluded by their own terms and conditions.

License Form

Terms(Required)