Website Terms and Conditions
of Use Relating to Beauty for Ashes
These Terms and Conditions (“the
Terms and Conditions”) govern your
(“the User”) use of the Beauty for
Ashes (“Provider”) website located
at the domain name
www.beautyforashes.co.za (“the
Website”). By accessing and using
the Website, the User agrees to be
bound by the Terms and Conditions
set out in this legal notice. The
User may not access, display, use,
download, and/or otherwise copy or
distribute content obtained on the
website for marketing and other
purposes without the consent of the
Provider.
Electronic Communications
By using this Website or
communicating with the Provider by
electronic means, the user consents
and acknowledges that any and all
agreements, notices, disclosures, or
any other communication satisfies
any legal requirement, including but
not limited to the requirement that
such communications should be in
writing.
E-Commerce & Privacy
The Website,
www.beautyforashes.co.za, sells
books, CDs and DVDs online. The use
of any product bought from this
Website is at the purchaser’s risk.
The purchaser/ user indemnifies and
holds the Provider harmless against
any loss, injury or damages which
may be sustained as a result of
using the products sold on the
Website.
The private information required for
executing the orders placed through
the e-commerce facility, namely the
User’s personal information and
credit card details, delivery
address and telephone numbers will
be kept in the strictest confidence
by the Provider and not sold or made
known to third parties. Only the
necessary information, that is the
delivery address and contact phone
number will be made known to third
parties delivering the product.
The Provider undertakes that it has
taken all reasonable precautions to
secure the credit card processing
that is carried out to receive
payment for goods sold. The Provider
cannot be held responsible for
security breaches occurring on the
User’s electronic device (Personal
Computer or other electronic device
used to browse the Website), which
may result due to the lack of
adequate virus protection software
or spyware that the User may
inadvertently have installed on
his/her device.
The Provider will supply all goods
to the delivery company in good
order. The Provider will not be held
liable for the condition of goods
arriving at the User’s chosen
delivery address.
Cancelled orders on the e-commerce
facility will be refunded after
deduction of a 10% charge for
administration costs.
The Provider reserves the right to
cancel an order for which payment
has already been received. This may
occur if stock is insufficient or
the quality of goods ordered does
not meet the Provider’s standards.
Should the Provider exercise this
right, the User will receive a full
refund with no deductions.
Any complaints regarding the
standard and quality of the product
or products bought by consumers
through the e-commerce facility
should be directed to
info@beautyforashes.co.za.
Updating of these Terms and
Conditions
The Provider reserves the right to
change, modify, add to, or remove
from portions or the whole of these
Terms and Conditions from time to
time. Changes to these Terms and
Conditions will become effective
upon such changes being posted to
this Website. It is the User’s
obligation to periodically check
these Terms and Conditions at the
Website for changes or updates. The
Users continued use of this Website
following the posting of changes or
updates will be considered notice of
the User’s acceptance to abide by
and be bound by these Terms and
Conditions, including such changes
or updates.
Copyright and Intellectual
Property Rights
The Provider provides certain
information at the Website. Content
currently or anticipated to be
displayed at this Website is
provided by Provider, its affiliates
and/or subsidiary, or any other
third party owners of such content,
and includes but is not limited to
Literary Works, Musical Works,
Artistic Works, Sound Recordings,
Cinematograph Films, Sound and
Television Broadcasts,
Program-Carrying Signals, Published
Editions and Computer Programs (“the
Content”). All such proprietary
works, and the compilation of the
proprietary works, are copyright of
the Provider, its affiliates or
subsidiary, or any other third party
owner of such rights (“the Owners”),
and is protected by South African
and international copyright laws.
The Providers reserve the right to
make any changes to the Website, the
Content, or to products and/or
services offered through the Website
at any time and without notice. All
rights in and to the Content is
reserved and retained by the Owners.
Except as specified in these Terms
and Conditions, the User is not
granted a license or any other right
including without limitation under
Copyright, Trademark, Patent or
other Intellectual Property Rights
in or to the Content.
Limited License to General
Users
The Provider grants to the User,
subject to the further terms of
these Terms and Conditions, a
non-exclusive, non-transferable,
limited and revocable right to
access, display, use, download and
otherwise copy the current and
future Content for personal,
non-commercial and information
purposes only.
This Website and the Content may not
be reproduced, duplicated, copied,
resold, visited or otherwise
exploited for any commercial purpose
without the express prior written
consent of Provider. The license
does not allow the User to collect
product or service listings,
descriptions or other information
displayed here, and does not allow
any derivative use of this Website
or the Content for the benefit of
another merchant. The User may not
frame nor use framing technologies
to enclose the Provider Website or
the Content nor any part thereof
without the express written consent
of Provider. Provider and the Owners
do not offer products or services to
minors. If you are under the age of
18, you may not respond to or
otherwise accept or act upon any
offers in the Website.
The Provider and the Owners, their
affiliates or subsidiary reserve the
right to refuse service, terminate
accounts, remove or edit content, or
cancel orders at their sole
discretion.
Any unauthorised use terminates this
license.
Limitation of liability
The Website and all Content on the
Website, including any current or
future offer of products or
services, are provided on an “as is”
basis, and may include inaccuracies
or typographical errors. The Owners
make no warranty or representation
as to the availability, accuracy or
completeness of the Content. Neither
Provider nor any holding company,
affiliate or subsidiary of Provider,
shall be held responsible for any
direct or indirect special,
consequential or other damage of any
kind whatsoever suffered or
incurred, related to the use of, or
the inability to access or use the
Content of the Website or any
functionality thereof, or of any
linked website, even if Provider is
expressly advised thereof.
Privacy: casual surfing
The User may visit the Website
without providing any personal
information. The Website servers
will in such instances collect the
IP address of the User computer, but
not the email address or any other
distinguishing information. This
information is aggregated to measure
the number of visits, average time
spent at the Website, pages viewed,
etc. The Provider uses this
information to determine use of the
Website, and to improve Content
thereon. The Provider assumes no
obligation to protect this
information, and may copy,
distribute or otherwise use such
information without limitation.
Choice of Law
This Website is controlled, operated
and administered by Provider from
its offices within the Republic of
South Africa. Access to the Website
from territories or countries where
the Content or purchase of the
products sold on the Website is
illegal is prohibited. The User may
not use this Website in violation of
South African export laws and
regulations. If the User accesses
this Website from locations outside
of South Africa, that User is
responsible for compliance with all
local laws.
These Terms and Conditions shall be
governed by the laws of the Republic
of South Africa, and the User
consents to the jurisdiction of the
Witwatersrand High Court in the
event of any dispute. If any of the
provisions of these Terms and
Conditions are found by a court of
competent jurisdiction to be invalid
or unenforceable, that provision
shall be enforced to the maximum
extent permissible so as to give
effect to the intent of these Terms
and Conditions, and the remainder of
these Terms and Conditions shall
continue in full force and effect.
These
Terms and Conditions constitute the
entire agreement between the
Provider and the User with regard to
the use of the Content and this
Website.
