Terms of Use

Last updated: January 2024

Welcome to Mellow-raven. These Terms of Use govern your use of the mellow-raven.com website and the purchase of our photography route guides. By accessing or using our website and services, you agree to be bound by these Terms.

Acceptance of Terms

By accessing and using this website, you accept and agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these terms, you should not use our website or services.

Description of Services

Mellow-raven provides curated photography route guides for the South African coastline. Our services include:

• Digital photography route guides containing location information, timing recommendations, and technical guidance
• GPS coordinates and mapping information for photography locations
• Seasonal and weather-related guidance for optimal photography conditions
• Custom expedition planning services upon request

Use of Website

You agree to use this website only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the website. Prohibited behaviour includes:

• Conducting any activity that could disable, damage, or impair the website
• Attempting to gain unauthorised access to any part of the website
• Using the website to transmit any harmful code or malware
• Collecting user information without consent
• Using the website for any commercial purpose not expressly permitted

Intellectual Property

All content on this website, including text, graphics, logos, images, and software, is the property of Mellow-raven or its content suppliers and is protected by intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content without our express written permission.

Photography route guides purchased from us are licensed for personal, non-commercial use only. You may not share, resell, or distribute purchased route guides without written permission.

Purchases and Payment

When you purchase a photography route guide:

• All prices are displayed in South African Rand (ZAR)
• Payment is required before delivery of digital products
• Digital products are delivered via email within 48 hours of confirmed payment
• Prices are subject to change without notice, but changes will not affect orders already placed

Refund Policy

Due to the digital nature of our products:

• Refunds are available within 7 days of purchase if you have not downloaded or accessed the route guide
• Once a digital product has been accessed, refunds are provided only in exceptional circumstances at our discretion
• Technical issues preventing access will be resolved or refunded

Disclaimer of Warranties

Our photography route guides are provided for informational and educational purposes. While we strive for accuracy:

• We do not guarantee specific photographic results
• Weather, lighting, and natural conditions are beyond our control
• Location accessibility may change due to factors outside our control
• Information is current at the time of publication but may become outdated

Limitation of Liability

To the fullest extent permitted by law, Mellow-raven shall not be liable for:

• Any indirect, incidental, special, or consequential damages arising from your use of our services
• Personal injury, property damage, or other harm arising from outdoor photography activities
• Loss of data or business interruption
• Any damages exceeding the amount paid for our services

Assumption of Risk

Coastal photography involves inherent risks. By using our route guides, you acknowledge and accept that:

• You are responsible for your own safety at all photography locations
• Coastal environments can be dangerous and conditions change rapidly
• You should verify current conditions before visiting any location
• You assume full responsibility for any risks associated with your photography activities

Indemnification

You agree to indemnify and hold harmless Mellow-raven and its officers, employees, and agents from any claims, damages, losses, or expenses arising from your use of our website or services or your violation of these Terms.

Modifications to Terms

We reserve the right to modify these Terms of Use at any time. Changes will be effective immediately upon posting to the website. Your continued use of the website following the posting of changes constitutes your acceptance of such changes.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of South Africa.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

Contact Information

For questions about these Terms of Use, please contact us:

Email: [email protected]
Address: 42 Coastal Drive, Cape Town, 8001, South Africa