NIRD

TERMS AND CONDITIONS OF USE

1. YOUR ACCEPTANCE OF THIS LEGALLY BINDING AGREEMENT

The use of this website is governed by these terms and conditions.
When you utilize this website, you will be irrevocably deemed to have entered into a legally binding and enforceable agreement ("the Agreement") with National Incident Recording Database CC, Registration number 2008/053150/23 (NIRD) which is the owner of this website, together with its successors in title and assigns.
By utilizing this website, you will be irrevocably deemed to have read, accepted and agreed to these terms and conditions
In this context, "use" shall mean use of any of the material, features or applications of this website.
NIRD reserves its rights to vary these terms and conditions at any time. The onus rests upon you to read these terms and conditions on each and every occasion that you utilize the website.
If you do not agree with any of these terms and conditions, please do not utilize the website as you may not agree to certain of the terms selectively and not to others.
No variation, waiver or cancellation of this Agreement or any portion of the terms and conditions shall be of any force and effect unless NIRD has agreed thereto in writing.
These terms and conditions shall be binding upon you, your executors, heirs, assigns, trustees, curators, liquidators and judicial managers.
In the event that you are a public company, private company, close corporation, trust, partnership or other juristic entity, you confirm that you are duly authorized to utilise this website and to agree to these terms and conditions and to the extent that it may be necessary, the entity which you represent hereby ratifies and confirms the entering into of this Agreement and to the extent that you may not have the necessary authority to represent and contract on behalf of the entity on whose behalf you purport to act, you shall irrevocably indemnify and hold harmless NIRD together with its successors in title, assigns, employees, agents and customers against any claims which may arise as a result.
This Agreement is personal to you and you may not cede or transfer your rights or assign and delegate your obligations to any third party without the prior written consent of NIRD, NIRD remains the sole holder of the copyright.
All the provisions of this agreement shall be severable and no provisions shall be effected by the invalidity of any other provisions of this agreement.

2. OWNERSHIP OF CONTENT AND INTELLECTUAL PROPERTY RIGHTS

You irrevocably acknowledge and agree that all contents appearing on this website, together with its associated Intellectual Property Rights are the exclusive property and are exclusively owned by NIRD.
This shall include but shall not be limited to the common law trademarks and trading names National Incident Recording Database as well as the acronym NIRD as well as any adaptations thereof, the distinctive NIRD device mark (logo), the overall layout, design and get up of the website, the data including photographic images and text both individually and collectively into data bases, as well as the products and applications.
You irrevocably agree that you shall obtain no rights whatsoever, whether by way of license or otherwise, to any of the material contained in this website other than as provided for in these terms and conditions.

3. PHOTOGRAPHIC IMAGES

The photographic images together with the associated text which you may agree to upload to this site as well as the existing photographic images and associated text, currently displayed on this website which you may wish to download, constitute Artistic Works as defined in the South African Copyright Act 98 of 1978 ("the Copyright Act") and all the Intellectual Property Rights contained in such photographic images ("the Photographs") are protected by the Copyright Act.

4. UPLOADING PHOTOGRAPHS

If you have taken a photograph of a motor vehicle collision or the scene thereof or any other incident, you currently own the Copyright in such photographs, whether the photographs are currently in an electronic form or whether you have printed them.
If you wish NIRD to attempt to sell these photographs on your behalf, you must register with this website following the procedure laid out in the relevant portion of the website, you must then complete the questionnaire providing details of the relevant photograph and you must then follow the prescribed procedure for uploading the photograph.
When uploading the photograph, you simultaneously cede, assign, transfer and make over to NIRD, all rights of Copyright which have or will come into existence in relation to the photograph.
The assignment of the Copyright in the photograph shall be irrevocable and indefinite.
You agree that by assigning the Copyright in the photograph to NIRD, you give up and transfer all rights of copyrights in the photographs which shall entitle NIRD to publish the photographs on this website, offer them for sale, sell, transfer, reproduce, disseminate and license to third parties for reward. NIRD may elect at its sole and absolute discretion not to accept a particular photograph for posting and sale.
You agree that you may not dictate to NIRD the price which it may charge to third parties for the use of the photographs or the terms on which they are sold or licensed, save that NIRD agrees that a term of the subsequent sale and license of use shall be that the third parties may not adapt or modify the photographs.
You agree and undertake to sign any additional documents whether in hard or electronic form and to do all things as may be necessary to record or perfect this transfer and assignment at any time in the future.
If during or at any time for which this assignment is in use, NIRD is successful in selling any one or more of the photographs which you upload, it shall pay to you a fee of R50.00 per photograph successfully sold, to your banking account details supplied during your registration process and only through this process.
NIRD undertakes to advise you by email of any photograph which is successfully sold and shall then pay to you the fee of R50 per photograph within a period of 30 (Thirty) working days of the dispatching of such email, payment to be made to your banking account details supplied during your registration process and only through this process.
Once a photograph has been successfully sold, your cession and assignment of the Copyright in the photograph shall become final and you shall give up and surrender in perpetuity all rights of any nature which had arisen either prior to uploading the photograph to the website, subsequent to the uploading of the photograph to the website or at any point in the future and you irrevocably agree that you shall be entitled to no other reward whether by way of royalty or otherwise other than the agreed fee of R50.00 per photograph set out in Clause 4.9 above.
If NIRD has not successfully sold a photograph within a period of 3 (three) years from the date of uploading, you may advise NIRD by email that you wish the photograph to be returned to you at which time the license which you have granted to NIRD shall be cancelled and the Copyright shall be reassigned to you. You agree that you shall be entitled to no reward or remuneration, whether by way of royalty or other if NIRD is not successful in selling the photograph.
You agree that if after the initial period of 3 (three) years, you do not notify NIRD by way of email that you wish to cancel the license, NIRD may continue in perpetuity to host the photograph on the website and to attempt to sell same on the same terms and conditions as contained in this Agreement.
By uploading the photograph, you warrant that all details of your personal details as well as all of the details which you have provided regarding the photograph are true and correct in all respects and that you have not edited, altered, amended or varied the photograph in any way and that it is a true and honest recording of the subject matter thereof. To the extent that you breach this warranty, you irrevocably indemnify and hold harmless NIRD together with its successors in title, assigns, employees, customers and agents. If you breach this warranty, NIRD may at its election cancel the Agreement and claim damages.
By uploading the photograph, you further warrant that you are lawfully entitled to sell the photograph to NIRD and that you have not sold or agreed to sell the photograph to any other third party. To the extent that you breach this warranty, NIRD may at its election, cancel the Agreement and claim damages.
You acknowledge that the purchaser of your photographs may wish to make contact with you to confirm the authenticity and details of a particular photograph. You accordingly authorize NIRD to disclose on request of the purchaser, your identity and personal contact details to a purchaser of a particular photograph or photographs. You warrant that all of the personal details which you have furnished are correct in all respects. In the event that you breach this warranty, you agree to indemnify and hold harmless NIRD, together with its employees, clients and agents, against any losses or damages of any nature which may arise as a result.

5. DOWNLOADING OF PHOTOGRAPHS

If you wish to purchase a photograph, you must register with this website, complete the relevant questionnaire and then follow the procedure to purchase and download the photograph or photographs which you wish to purchase.
The purchase price per photograph and associated text is the sum of R80.00
You agree to pay the purchase price, free of set off or deduction by following the payment procedure laid out on this website.
When you purchase a photograph, you purchase a non-exclusive license to utilise the photograph and the associated text which will entitle you to utilise the photograph for your personal or business purposes only and will include the right to make up to a maximum of twenty hard copy reproductions thereof and any enlargements which may be necessary, to store them in an electronic form on your server or computer hard drive and to make a maximum of two back-up copies thereof onto CD ROM or other storage and retrieval device and to provide copies of the photographs whether in hard or electronic form to those persons which distribution shall be strictly necessary for the purpose for which the photograph has been purchased.
The non-exclusive license shall not entitle you to edit, modify or adapt the photograph and associated text in any way other than to make any necessary enlargements thereof or to reproduce, copy, sell, disseminate or distribute the photographs for reward or otherwise other than as provided for in Clause 5.4 above.
If you breach your obligations by utilizing or attempting to utilise these photographs in any way otherwise than as provided for in Clause 5.4 above, NIRD shall be entitled to reproduce immediately and without notice, cancel and revoke the Agreement and non-exclusive license and to claim any damages which it may have suffered as a result.
NIRD makes no warranties whether express or implied regarding the accuracy and correctness of the photographs and associated text and shall not be liable for any losses or damages of any nature whether direct, indirect or consequential which may be suffered by any party as a result of the downloading, purchase and use of the photographs and associated text.
You agree that in the event that you fail to pay the prescribed purchase price, then NIRD shall be entitled to charge interest on such outstanding purchase price at the maximum rate prescribed by the National Credit Act.
NIRD shall upon receipt of a written request from you, and only to those that have successfully registered and purchased the particular images, furnish to you the identity and contact details of the photographer of a particular photograph or photographs. You agree and undertake that the identity of the photographer and his or her contact details will be used exclusively for the purposes of contacting the photographer and verifying the authenticity and details of the photograph. You agree and undertake that the identity and contact details of the photographer will not be used for any other purpose and furthermore that such details will not be disclosed to any other party without the prior written consent of the photographer. To the extent that you breach this undertaking, you agree to indemnify and hold harmless, NIRD, together with its employees, agents and clients against any loss or damages of any nature which may arise as a result.

6. DISPUTE RESOLUTION

In the event of a dispute occurring between you and NIRD, NIRD shall be entitled, at its sole discretion, to nominate the manner and forum in which such dispute shall be adjudicated upon and resolved.
NIRD may institute legal action against you out of the appropriate Magistrate's or High Court, whether seeking urgent or ordinary relief.
NIRD may however, at its election, not institute proceedings in the High or Magistrate's Court but may instead declare a dispute with you in writing and it shall then utilise the commercial arbitration dispute resolution procedures laid down by the Arbitration Foundation of South Africa (AFSA). The arbitrator shall be a practicing attorney or advocate of at least 15 (fifteen) years standing nominated by the chairman of AFSA and the arbitration shall take place in the English language and in Durban. The arbitrator shall be entitled to issue directives as to the manner in which the proceedings shall be conducted, which decisions shall be final and binding on the parties. The final award of the arbitrator shall be final and binding on the parties and there shall be no right of appeal. The arbitrator shall be entitled to make such award as to costs as he deems appropriate and his award shall be capable of being made an order of the High Court in terms of the Arbitration Act.
NIRD shall further at its discretion, be entitled to utilise any other dispute resolution procedures created for use by the owners and users of internet websites.
You agree that in the event that it becomes necessary for NIRD to institute legal proceedings against you arising from your use of this website and any associated uploading and sale of photographs or purchase and downloading of the photographs, you shall be liable for NIRD's legal costs on the attorney and client scale including collection commission.
You hereby nominate and appoint the addresses supplied by yourself in the Registration Procedures on this website as the address where you will accept service of all legal notices and documents whether or not you still reside at such address, utilise such postal details or such email address.
This Agreement and any dispute which arises as a result, shall be governed by South African Law.

7. LINKING

NIRD may link this website to other websites not within its control. NIRD makes no warranties and takes no responsibility for the content of such websites and shall not be responsible for any losses or damages of any kind suffered as a result of utilizing such links.
You may link to this website without obtaining the prior written permission of NIRD on the following conditions:
1. You must link directly to the home page situated at www.nird.co.za and must not facilitate "deep linking".
2. You may not create a frame or any other border around the website.
3. The website from which you wish to link must comply with all relevant laws and regulations and must not contain any material which is in the opinion of NIRD offensive, obscene, defamatory or in any other way harmful.
4. You must not imply that NIRD endorses or is associated with any other website or associated products and services.