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Terms & Conditions

Last updated: 28 September 2026

1. INTRODUCTION

Welcome to Omasah Estate.

These Terms & Conditions (“Terms”, “Terms & Conditions” or “Agreement”) govern your access to and use of the Omasah Estate website, [www.omasahestate.com] (“Website”), together with the content, features, resources and services made available through the Website.

The Website is operated by Omasah Estate (“Omasah Estate”, “we”, “us” or “our”).

By accessing, browsing or using any part of the Website, you acknowledge that you have read, understood and agree to be bound by these Terms & Conditions, together with any other policies, guidelines, submission rules, programme terms or notices expressly incorporated into them.

If you do not agree to these Terms & Conditions, please do not use the Website.

These Terms apply to all users of the Website, including visitors, clients, artists, writers, musicians, curators, contributors, applicants, collaborators, subscribers and other users.

2. ABOUT OMASAH ESTATE

Omasah Estate operates as a multidisciplinary creative studio combining creative consultancy and contemporary publishing.

Our activities may include creative consultancy, strategic and conceptual services, creative direction, brand development, content creation, visual storytelling, publishing, editorial projects, cultural programming, creative residencies, open calls, research, digital archives, music-related projects and other artistic or creative initiatives.

The Website provides information about Omasah Estate, its services, publications, projects, programmes, creative opportunities, editorial work, collaborators and other activities.

Nothing on the Website should be interpreted as creating a client, agency, employment, partnership, joint-venture or other formal relationship between you and Omasah Estate unless such relationship is established separately in writing.

3. ACCEPTANCE OF THESE TERMS

By using the Website, you agree to comply with these Terms & Conditions and all applicable laws and regulations.

Where a specific service, submission opportunity, open call, residency, programme, publication, collaboration or other initiative has its own terms and conditions, those terms will apply in addition to these Website Terms.

In the event of a conflict between these Terms and specific terms issued for a particular Omasah Estate activity, the specific terms applicable to that activity will take precedence to the extent of the conflict.

4. ELIGIBILITY AND LAWFUL USE

You may use the Website only for lawful purposes.

By using the Website, you agree not to use it:

  • in violation of any applicable law or regulation;
  • to infringe the intellectual property, privacy or other rights of Omasah Estate or any third party;
  • to submit false, misleading or fraudulent information;
  • to impersonate another person or organisation;
  • to interfere with or compromise the security, operation or availability of the Website;
  • to upload or transmit viruses, malware or other harmful code;
  • to harvest, scrape, collect or otherwise obtain information about other users without authorisation;
  • to use automated systems, bots or similar technologies to access or interact with the Website in a manner that places an unreasonable burden on our systems;
  • to engage in harassment, threats, abuse, discrimination, defamation or other unlawful conduct; or
  • to use the Website or its content for any unauthorised commercial or exploitative purpose.

We reserve the right to restrict, suspend or terminate access to the Website where we reasonably believe that these Terms have been breached or that the Website is being used unlawfully or abusively.

5. WEBSITE CONTENT

The Website contains information, text, images, photographs, artwork, graphics, video, audio, music-related material, publications, editorial content, creative works, project descriptions and other materials (“Content”).

The Content is provided for general informational, editorial, cultural, artistic and business purposes.

Although we make reasonable efforts to ensure that information published on the Website is accurate and up to date, we do not guarantee that all Content will always be complete, accurate, current or free from errors.

Projects, programmes, open calls, deadlines, opportunities, availability, descriptions and other Website information may change without notice.

We reserve the right to amend, remove, update, suspend or discontinue any part of the Website or its Content at any time.

The presence of Content on the Website does not constitute a guarantee that a particular service, opportunity, programme, publication, project or collaboration will remain available.

6. CREATIVE AND EDITORIAL CONTENT

Omasah Estate publishes and presents creative and editorial material relating to artists, writers, musicians, curators, designers and other cultural practitioners.

The views, opinions and creative expressions contained in editorial or contributor material may belong to the relevant author, artist, contributor or collaborator and do not necessarily represent the views of Omasah Estate.

Information published about third-party artists, organisations, projects or cultural matters may be based on material supplied by the relevant individual or organisation, publicly available information or editorial research.

Omasah Estate does not guarantee that all third-party statements, opinions or representations appearing in editorial content are accurate, complete or current.

7. INTELLECTUAL PROPERTY

Unless otherwise indicated, all intellectual property rights in and to the Website and its original Content—including but not limited to the Omasah Estate name, brand identity, logos, text, graphics, layouts, photographs, original editorial material, website design, illustrations and other materials created by or for Omasah Estate—are owned by, licensed to, or otherwise lawfully used by Omasah Estate.

Nothing in these Terms transfers any ownership or intellectual property rights to you.

You may access and view Website Content for your personal, informational and non-commercial use, unless otherwise permitted by Omasah Estate or applicable law.

You may not, without our prior written permission:

  • reproduce, republish, distribute or commercially exploit Website Content;
  • copy or reproduce substantial portions of the Website;
  • modify, adapt or create derivative works from our Content;
  • remove copyright, attribution or other proprietary notices;
  • use Omasah Estate's name, logo or branding in a manner that suggests endorsement, affiliation or authorisation where none exists; or
  • use Website Content as part of another commercial product, publication, website, database or service.

Limited quotations or references to our Content may be permitted under applicable copyright law, provided that the use is lawful and appropriate acknowledgement is given where required.

8. THIRD-PARTY MATERIAL AND CONTRIBUTORS' RIGHTS

The Website may contain creative works, photographs, writing, music-related content, artwork, interviews, submissions and other material belonging to third parties.

Ownership of third-party material remains with the relevant rights holder unless expressly stated otherwise.

You may not reproduce, download, distribute, commercially exploit or otherwise use third-party creative material appearing on the Website beyond what is permitted by applicable law or expressly authorised by the relevant rights holder.

Where Omasah Estate publishes or displays a contributor's work, any applicable rights, permissions, licences, credits, fees, honorariums or other terms will be governed by the relevant submission guidelines, contributor agreement, publishing agreement, licence or other applicable arrangement.

9. CREATIVE SUBMISSIONS, OPEN CALLS AND APPLICATIONS

Omasah Estate may from time to time invite submissions or applications for poetry, fiction, visual art, music, writing, editorial projects, residencies, programmes, publications, competitions, commissions and other creative opportunities.

Each individual opportunity may have its own eligibility requirements, submission guidelines, deadlines, selection procedures, intellectual property provisions, payment terms and other conditions.

By submitting work or an application, you confirm that:

  • the information you provide is accurate to the best of your knowledge;
  • you have the necessary rights and permissions to submit the material;
  • your submission does not knowingly infringe the rights of another person;
  • you have complied with the applicable submission guidelines; and
  • you accept the specific terms applicable to the relevant opportunity.

Submitting work does not automatically guarantee publication, selection, commissioning, payment, exhibition, promotion, programme participation or any other outcome.

Unless otherwise stated in the specific terms of an opportunity, submission materials will be reviewed in accordance with the relevant submission or programme process.

Omasah Estate will not acquire ownership of your copyright merely because you submit your work to us. Any licence, publication right, reproduction right or other permission required in connection with an accepted work will be governed by the applicable agreement or terms for that project.

10. USER-PROVIDED INFORMATION AND MATERIAL

Where you provide information, creative work, ideas, proposals, documents, images, audio, video or other material to Omasah Estate through the Website, email, forms or another communication channel (“User Material”), you remain responsible for that material and for ensuring that you have the right to provide it.

You grant Omasah Estate only those rights that are reasonably necessary to receive, review, administer, communicate about and otherwise process the User Material for the specific purpose for which it was submitted, unless different rights are expressly established by separate written terms.

We will not treat an unsolicited submission as an assignment of ownership or intellectual property rights unless you expressly enter into an agreement providing for such transfer.

Omasah Estate may decline to review or retain unsolicited proposals or materials where there is no applicable submission opportunity or agreement.

11. FEEDBACK AND COMMUNICATIONS

We welcome feedback, enquiries and general communication about Omasah Estate.

However, unless we expressly agree otherwise in writing, providing an idea, suggestion, proposal or other unsolicited material does not create an obligation on Omasah Estate to use, publish, compensate or respond to that material.

Any confidential information should only be provided where a confidentiality obligation has been expressly agreed between the parties.

Where a project requires confidentiality, ownership, licensing, non-disclosure, exclusivity or other specific contractual arrangements, those matters should be governed by a separate written agreement.

12. SERVICES AND CLIENT ENGAGEMENTS

Information presented on the Website concerning Omasah Estate's creative consultancy, publishing or other professional services is provided as a general description of our offering.

Website content does not constitute a binding quotation, proposal, statement of work or service agreement unless expressly identified as such.

Specific client engagements may be governed by separate proposals, quotations, statements of work, service agreements, commissioning agreements or other written terms.

Those agreements will govern the applicable scope of work, deliverables, fees, timelines, intellectual property rights, approvals, revisions, cancellations and other commercial terms.

Nothing on the Website obliges Omasah Estate to accept a project or client engagement.

13. EMAIL COMMUNICATIONS AND SUBSCRIPTIONS

The Website may allow you to subscribe to Omasah Estate's email communications.

By subscribing, you agree that Omasah Estate may use the information you provide to send communications in accordance with our **Privacy Policy** and applicable law.

These communications may include news, editorial content, publishing announcements, open calls, creative opportunities, residencies, programmes, events, project updates and other information relating to Omasah Estate.

You may unsubscribe from marketing communications at any time using the unsubscribe mechanism provided in the relevant email or by contacting us directly.

Our processing of personal information, including information relating to subscriptions and email communications, is governed by our Privacy Policy.

14. THIRD-PARTY LINKS AND SERVICES

The Website may contain links to third-party websites, applications, platforms and services, including social-media platforms, music-streaming platforms, publishing platforms, ticketing or event services, payment providers, hosting services and other external resources.

These links are provided for convenience, reference or functionality and do not necessarily imply endorsement by Omasah Estate.

Omasah Estate does not control third-party websites or services and is not responsible for their availability, accuracy, security, content, privacy practices, terms or policies.

Your use of a third-party website or service is subject to that third party's own terms and conditions and privacy policy.

15. WEBSITE AVAILABILITY AND TECHNICAL ISSUES

We make reasonable efforts to maintain the Website, but we do not guarantee that it will always be available, uninterrupted, secure or free from errors.

The Website may occasionally be unavailable because of maintenance, upgrades, technical problems, hosting issues, network interruptions, security incidents or circumstances beyond our reasonable control.

Omasah Estate reserves the right to modify, suspend or discontinue any part of the Website without notice.

We are not responsible for losses resulting solely from your inability to access or use the Website, except to the extent that liability cannot lawfully be excluded.

16. DISCLAIMER OF WARRANTIES

To the extent permitted by applicable law, the Website and its Content are provided on an “as is” and “as available” basis.

Omasah Estate does not warrant that:

  • the Website will always be available;
  • the Website or Content will be free of errors, interruptions, defects or harmful components;
  • information published on the Website will always be complete, accurate or current; or
  • the Website will meet every user's individual requirements.

You use the Website and rely on its Content at your own discretion and risk.

Nothing in these Terms excludes any warranty, right or protection that cannot lawfully be excluded or limited under applicable South African law.

17. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Omasah Estate, its directors, employees, contractors, collaborators, service providers and affiliates will not be liable for indirect, incidental, special, consequential or punitive loss or damage arising from or relating to your use of, or inability to use, the Website or its Content.

This includes, where legally permissible, loss of data, loss of business, loss of profits, loss of opportunity or other consequential losses.

Nothing in these Terms limits liability where such limitation is prohibited by law, including liability that cannot lawfully be excluded under applicable consumer protection or other legislation.

18. INDEMNIFICATION

To the extent permitted by law, you agree to indemnify and hold harmless Omasah Estate, its directors, employees, contractors, collaborators and service providers against claims, losses, liabilities, damages, costs and expenses arising from your:

  • breach of these Terms;
  • unlawful use of the Website;
  • infringement of another person's intellectual property, privacy or other rights; or
  • submission or transmission of unlawful, misleading, harmful or infringing material.

This provision does not apply to the extent that the relevant loss results from Omasah Estate's own unlawful conduct or where indemnification is otherwise prohibited by law.

19. PRIVACY AND PERSONAL INFORMATION

Your use of the Website may involve the collection and processing of personal information.

The collection, use, storage and disclosure of personal information by Omasah Estate is governed by our **Privacy Policy**, which forms part of these Terms by reference.

Our Privacy Policy explains the types of personal information we collect, the purposes for which we process it, our use of service providers, email subscriptions, cookies, your rights and other privacy matters.

20. COOKIES

The Website may use cookies and similar technologies to support website functionality, security, analytics, preferences and performance.

Your use of cookies is addressed further in our Privacy Policy.

You may be able to manage cookies through your browser or device settings. Some Website functionality may be affected if cookies are disabled.

21. PROHIBITED CONTENT AND CONDUCT

You may not use the Website to transmit, publish or distribute content that:

  • is unlawful, fraudulent or deliberately misleading;
  • infringes another person's intellectual property or privacy rights;
  • is defamatory or unlawfully abusive;
  • contains malicious software or code;
  • unlawfully promotes discrimination, harassment or violence;
  • impersonates another person or organisation; or
  • otherwise violates applicable law or these Terms.

Omasah Estate reserves the right to remove or restrict access to material that reasonably appears to violate these Terms or applicable law.

22. COPYRIGHT COMPLAINTS

If you believe that material published on the Website infringes your copyright or other intellectual property rights, please contact Omasah Estate with sufficient information to identify:

  • the work or right allegedly infringed;
  • the material concerned;
  • your basis for claiming ownership or authorisation;
  • your contact details; and
  • any other information reasonably necessary for us to assess the complaint.

We may investigate and take appropriate action where warranted.

23. TERMINATION OR RESTRICTION OF ACCESS

We may suspend, restrict or terminate your access to the Website where we reasonably believe that you have breached these Terms, engaged in unlawful conduct, compromised Website security or otherwise misused the Website.

You may stop using the Website at any time.

Sections that by their nature should continue after termination—including provisions relating to intellectual property, submissions, disclaimers, liability, indemnification, governing law and dispute resolution—will continue to apply.

24. SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be interpreted or limited to the extent necessary to make it enforceable where possible.

If it cannot be made enforceable, it will be severed from these Terms without affecting the validity of the remaining provisions.

25. NO WAIVER

A failure by Omasah Estate to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.

26. ENTIRE AGREEMENT

These Terms, together with the Omasah Estate Privacy Policy and any additional terms expressly incorporated by reference, constitute the terms governing your use of the Website.

Where you separately enter into a written agreement with Omasah Estate, that agreement will govern the relevant service, project, publication, submission, programme or relationship to the extent that its provisions differ from these Website Terms.

27. CHANGES TO THESE TERMS

Omasah Estate may revise these Terms & Conditions from time to time to reflect changes to our Website, business, services, legal obligations or operating practices.

The updated Terms will be published on this page together with a revised “Last updated” date.

Your continued use of the Website after revised Terms have been published constitutes acceptance of the updated Terms, to the extent permitted by applicable law.

28. GOVERNING LAW

These Terms & Conditions are governed by and interpreted in accordance with the laws of the Republic of South Africa.

Any dispute arising from or relating to these Terms or your use of the Website will be subject to the jurisdiction of the applicable courts of South Africa, unless applicable law requires otherwise.

Nothing in these Terms limits any statutory rights you may have under applicable South African law.

29. CONTACT INFORMATION

Questions, notices or concerns relating to these Terms & Conditions may be sent to Omasah Estate using the contact details below.

Omasah Estate
Email: omasahestate@gmail.com
Telephone: +27 61 966 2258



Related Policy:
[Privacy Policy – Omasah Estate]