Terms of Use

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“You”), and Leatile King Baaitse (“I”, “me”, or “mine”), an independent design professional, concerning your access to and use of the website kingbaaitse.xyz and any related pages or services (collectively, the “Site”).

By accessing the Site, you agree to be bound by these Terms of Use. If you do not agree with all of these Terms of Use, you are expressly prohibited from using the Site and you must discontinue use immediately.

I reserve the right, in my sole discretion, to modify these Terms of Use at any time. I will alert you about any changes by updating the “Last updated” date at the bottom of this page. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms.

Unless otherwise indicated, the Site and all of its contents, including but not limited to source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, project case studies, and design work (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are my exclusive property or are licensed to me.

The Content and the Marks are protected by copyright and trademark laws of the Republic of Botswana, foreign jurisdictions, and international conventions. The Content and Marks are provided on the Site “AS IS” for your information and personal use only.

You may not copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit any part of the Site, Content, or Marks for any commercial purpose whatsoever, without my express prior written permission.

You are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content for your personal, non-commercial use. I reserve all rights not expressly granted to you.

By using the Site, you represent and warrant that:

• You have the legal capacity and agree to comply with these Terms of Use.
• You are not a minor in the jurisdiction in which you reside.
• You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
• You will not use the Site for any illegal or unauthorized purpose.
• Your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, I have the right to suspend or terminate your access to the Site and refuse any and all current or future use of the Site.

You may not access or use the Site for any purpose other than that for which I make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by me.

You may not use the Site to harass, abuse, defame, or otherwise harm any person, or to attempt to gain unauthorized access to the Site, its servers, or my systems.

The Site serves as a portfolio and as a means for prospective clients to learn about my services and submit project inquiries. Details about services, pricing, and availability are provided for informational purposes only.

Any estimate, quote, or schedule discussed as a result of a submitted inquiry is indicative only and is not binding until a separate written agreement is signed by both parties.

The receipt of an inquiry does not create any professional, contractual, or fiduciary relationship between us. A relationship is formed only upon execution of a written master services or design agreement.

The Site allows visitors to submit project inquiries, briefs, and feedback through contact forms (collectively, “Submissions”). When you submit information, you represent and warrant that:

• You are the owner of, or have the necessary rights to submit, the information and materials you provide.
• Your Submissions do not infringe any proprietary rights, including copyright, patent, trademark, trade secret, or moral rights of any third party.
• Your Submissions are truthful, accurate, and not misleading.
• Your Submissions do not contain material that violates any applicable law or regulation or infringes upon privacy or publicity rights.
• Your Submissions do not contain material that solicits personal information from anyone under the age of 18 or exploits minors.

By submitting information through this Site, you consent to my collection, storage, and processing of such data as described in the Privacy Policy.

By submitting feedback, suggestions, or ideas regarding the Site or my services, you grant me a non-exclusive, worldwide, royalty-free license to use, modify, and incorporate such feedback into my work without obligation to compensate you.

I do not assert ownership over materials you submit. You retain full ownership of your content and intellectual property and are solely responsible for the accuracy and legality of your Submissions.

If you become a client, details of our engagement may be used in my portfolio subject to any separate confidentiality obligations agreed in writing.

I reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in my sole discretion, violates the law or these Terms of Use; (3) refuse, restrict access to, limit the availability of, or disable any portion of the Site; and (4) otherwise manage the Site in a manner designed to protect my rights and property and to facilitate the proper functioning of the Site.

These Terms of Use shall remain in full force and effect while you use the Site. I reserve the right to deny access to and use of the Site (including blocking certain IP addresses) to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Use or of any applicable law or regulation.

If I terminate your access to the Site for any reason, you are prohibited from re-accessing the Site under a different name or identity. In addition to terminating your access, I reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

I reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at my sole discretion without notice. However, I have no obligation to update any information on the Site.

I cannot guarantee the Site will be available at all times. I may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that I have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance.

These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Botswana, without regard to its conflict of laws principles. You irrevocably consent that the courts of Botswana shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Terms.

The parties shall first attempt to resolve any dispute arising out of these Terms of Use through good-faith negotiation. Either party may initiate negotiations by providing written notice to the other party.

If the dispute cannot be resolved through negotiation within thirty (30) days, either party may submit the dispute to mediation administered by a mutually agreed-upon mediator. These provisions do not preclude either party from seeking injunctive relief to protect intellectual property or confidential information.

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, and availability. I reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time without prior notice.

THE SITE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, I DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

I make no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to the Site, and I assume no liability or responsibility for: (1) errors, mistakes, or inaccuracies of content; (2) any unauthorized access to or use of any personal information stored in connection with the Site; (3) any interruption or cessation of transmission to or from the Site; (4) any bugs or viruses which may be transmitted to or through the Site by any third party; or (5) any loss or damage incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, I SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE.

MY TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO ME, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

You agree to indemnify, defend, and hold me harmless from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (1) your use of the Site; (2) your breach of these Terms of Use; (3) your violation of any third-party rights; or (4) any materials you submit through the Site.

I will maintain certain data that you transmit to the Site for the purpose of responding to your inquiries and managing the Site. While I take reasonable precautions to protect your data, you are solely responsible for the information you transmit. I shall not be liable for any loss or corruption of data you transmit, and you waive any right of action against me arising from such loss.

Visiting the Site, sending emails, and completing forms constitute electronic communications. You consent to receive electronic communications from me, and you agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communication be in writing.

You agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by me or via the Site.

• Entire Agreement: These Terms of Use and any policies or operating rules posted by me on the Site constitute the entire agreement and understanding between you and me.
• Amendments: These Terms of Use may not be modified or amended except by written notice posted on the Site.
• Severability: If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.
• Assignment: These Terms of Use may not be assigned by you without my prior written consent.
• Contact: Any questions regarding these Terms of Use may be directed to contact@kingbaaitse.xyz