TERMS AND CONDITIONS OF USE
ACCESSING (BROWSING) OUR WEBSITE
- By accessing and using the website the Customer (“you”) agree(s) to be bound by the Terms and Conditions of Use as set out in this document.
- You acknowledge that the Website and the Content available through the Website may contain links to third-party websites (‘Third-Party Websites’) which are completely unrelated to the Company or the Company’s Products. If you link to Third-Party Websites, you may be subject to the terms and conditions and other policies of those Third-Party Websites. The Company does not endorse any Content displayed on any Third-Party Website.
- The Company does not permit copyright-infringing activities or infringement of intellectual property rights on the Website.
- The Company may, at its sole discretion, remove any infringing Content if properly notified that such Content infringes another’s intellectual property rights.
- If you submit any Content to the Company, you expressly agree not to post, e-mail, or otherwise make available content:that violates any law;
- that is copyrighted, patented, protected by trade secret or trade mark, or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a licence from their rightful owner to post the material and to grant us all the licence rights granted under these Terms by the owner;
- that infringes any of the foregoing intellectual property rights of any party or that you do not have a right to make available under any law or under any contractual or fiduciary relationship;
- that is racist, sexist, harmful, abusive, unlawful, threatening, harassing, defamatory, pornographic, libellous, or invasive of another’s privacy or other rights, or that harms or could harm minors in any way;
- that harasses, degrades, intimidates or is hateful towards an individual or group of individuals on the basis of race, religion, sex, national origin, age or disability;
- that violates any employment laws including those prohibiting the stating, in any advertisement for employment, of a preference or requirement based on the race, colour, religion, sex, national origin, age or disability of the applicant;
- that includes personal or identifying information about another person, without that person’s explicit consent;
- that impersonates any person or entity, including any of our employees, or falsely states or otherwise misrepresents an affiliation with a person or entity;
- that is false, deceptive, misleading, deceitful or constitutes a ‘bait and switch’ offer;
- that constitutes a ‘pyramid scheme’, ‘affiliate marketing’, a ‘link referral code’, ‘junk mail’, ‘spam’, a ‘chain letter’ or an unsolicited advertisement of a commercial nature;
- that constitutes or contains any form of advertising or solicitation including any form of advertising or solicitation that is:posted in areas or categories of the Website which are not designated for such purposes; or
- e-mailed to users who have requested not to be contacted about other services, products or commercial interests;
- that includes links to commercial services or Third-Party Websites, except as specifically allowed by the Company;
- that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law;
- that contains software viruses, or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- that disrupts the normal flow of dialogue, with an excessive number of messages (flooding attack) or that otherwise negatively affects other users’ ability to use of the Website; or
- that employs misleading e-mail addresses or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Website.
- Additionally, you agree not to:contact anyone who has asked not to be contacted, make unsolicited contract with anyone for any commercial purpose, or ‘stalk’ or otherwise harass anyone;
- make any libellous or defamatory comments or postings to or against anyone;
- attempt to gain unauthorised access to computer systems owned or controlled by the Company, or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Website;
- use any form of automated device or computer program (‘flatting tool’ or ‘automated flagging device’) that enables the use of our ‘flagging system’ or other community control systems without each flag’s being manually entered by a human who initiates the flag, or use any such flagging tool to remove the posts of competitors or other third parties, or remove a post without a reasonable good-faith belief that the post being flagged violates these Terms or any applicable law or regulation; or
- use any automated device or software that enables the submission of automatic postings on the Website without human intervention or authorship (‘an automated posting device’).
- The Company reserves the right to remove any Content without prior notice.
- Furthermore, by posting Content to any public area of the Website, you agree to and do hereby grant to the Company all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Website by any party for any purpose. You also hereby grant each user of the Website a non-exclusive licence to access your Content through the Website. The foregoing licence granted by you to each user terminates when you remove or delete such Content from the Website.
- You acknowledge and agree that the materials on the Website, including the text, software, scripts, graphics, images, sounds, music, videos, interactive features and the like (‘Materials’), and the trademarks, service marks and logos contained therein (‘Marks’), are owned by or licensed to the Company and are subject to copyright and other intellectual property rights.
- The Company reserves all rights not expressly granted herein to the Website and the Materials. You agree not to use, copy or distribute any of the Materials, other than as expressly permitted herein, or to use, coy or distribute the Materials of third parties obtained through the Website, for any commercial purpose. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Materials or that enforce limitations on the use of the Website or Materials.
- The Products are protected to the maximum extent permitted by copyright laws, other laws, and international conventions or treaties. Content displayed on or through the Products is protected by copyright as a collective work and/or compilation pursuant to copyrights laws, other laws, and international conventions or treaties. Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Materials or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Materials, or any portion thereof, to another server or location for further reproduction or redistribution is expressly prohibited.
- You further agree not to reproduce, duplicate or copy Content or Materials from the Products or the Products themselves, and agree to abide by all copyright notices, instructions for use and other notices displayed on the Products. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in/on the Products.
You agree to defend, indemnify the Company and hold the Company and its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees) arising from:
- your use of and access to the Website ;
- your violation of any third-party right, including, without limitation, any copyright, trade mark, trade secret, or other property or privacy right; or
- any claim that your Content caused damage to a third party.
This defence and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Website.
LIMITATION AND TERMINATION OF SERVICES
You acknowledge and agree that the Company, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Website (or any part thereof), immediately and without notice, and to remove and discard any Content within the Website, for any reason including our belief that you have violated these Terms. You agree that the Company will not be liable to you or any third party for termination of your access to the Website. You also agree not to attempt to use the Website after such termination.
DISCLAIMER OF WARRANTIES
You expressly acknowledge and agree that use of the Website is entirely at your own risk and that the Website is provided on an ‘as is’ or ‘as available’ basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law the Company, its officers, directors, employees and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof. The Company makes no warranties or representations about the accuracy or completeness of the Website’s Content or the content of any Third-Party Website linked to the Website and assume no liability or responsibility for any:
- errors, mistakes or inaccuracies in the Content;
- personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website;
- unauthorised access to or use of our servers and/or any personal and/or financial information stored therein;
- interruption or cessation of transmission to or from the Website;
- bugs, viruses, Trojan horses or the like which may be transmitted to or through the Website by any third party; or
- errors or omissions in any Content or loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, communicated, transmitted or otherwise made available via the Website.
- The Company does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website features in any banner or other advertising, and the Company will not be a party to or in any way responsible for the monitoring of any transaction between you and/or other users and/or third-party providers of Products or services. As with the purchase of Products through any medium or in any environment, you should use your best judgment and exercise appropriate caution.
LIMITATION OF LIABILITY
In no event will the Company, its officers, directors, employees or agents be liable for direct, indirect, incidental, special, consequential or punitive damages (even if the Company has been advised of the possibility of such damages) resulting from any aspect of your use of the Website or the purchase and use of the Products, including damages arising from the use or misuse of the Website or the Services, from the inability to use the Website or the Services, or from the interruption, suspension, modification, alteration, or termination of the Website or the Services. These limitations will apply to the fullest extent permitted by law.
These Terms and any rights and licences granted hereunder may not be transferred or assigned by you but may be assigned by the Company without restriction. Any assignment or transfer by you will be null and void.
This Website is intended for adults only. You affirm that you are more than 18 year of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms.
If any provision of these Terms is held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions of the Terms will not in any way be affected or impaired.
SUCCESSORS OR ASSIGNS
These Terms will inure to the benefit of and be binding upon each party’s successors and assigns.
HOW TO CONTACT US
If you have questions about these Terms, please contact us at 071 777 7157.
REQUIRED INFORMATION IN TERMS OF SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT, ACT NO. 25 OF 2002
More information about the Company is provided below:
- Full company name:
- Sea of Spa SkinHealth (Pty) Ltd trading as Black Pearl
- The manner in and period within which you can access and maintain a full record of any payment transaction:
- Official website: https://blackpearlsa.co.za
- E-mail address: firstname.lastname@example.org