T’s and C’s
TERMS & CONDITIONS
(*Effective as from October 2021)
This Agreement shall be legally binding on any person or entity who accesses or uses the www.milkandhoneybeauty.co.za Website (hereinafter referred to as the “Website”) and shall therefore be bound by all the Terms & Conditions contained herein, as well as any regulations and laws applicable to the particular jurisdiction from which the User accesses the Website from. Users are urged to read these Terms & Conditions carefully.
1. ACCEPTANCE OF THE AGREEMENT
1.1. In accessing the Website, the User agrees to be bound by the Terms & Conditions contained herein and accordingly acknowledges that he/she has read and fully understands the Terms & Conditions.
1.2. These Terms & Conditions shall constitute the full Agreement between the Parties.
1.3. Should the User not agree with or fully understand any or all of the Terms and Conditions contained herein, the User shall immediately refrain from accessing the Website.
1.4. The material contained on this Website is duly protected by the applicable copyright and trademark law.
2. AMENDMENTS TO THE WEBSITE TERMS & CONDITIONS
2.1. These Terms & Conditions may be amended and updated from time to time, without notice, and shall be effective immediately.
2.2. Amended Terms & Conditions shall immediately replace any previous versions on the Website.
2.3. The User is urged to regularly visit the Website to ascertain whether there have been any updates to the Terms & Conditions.
2.4. The User’s continued use of the Website will constitute an unequivocal tacit acceptance of the Terms & Conditions listed on the Website.
2.5. Should the User not accept the amended Website Terms & Conditions, the User is to immediately refrain from using and accessing the Website.
3. ACCURACY OF CONTENT & MATERIALS
3.1. The User acknowledges that the Website may contain technical, typographical or photographic errors.
3.2. There are no warranties or guarantees that the content and material on the Website are accurate, complete or current.
4. INTELLECTUAL PROPERTY
4.1. The owner(s) of the Website retain all rights, title and interest in and to all of the intellectual property, whether or not it is possible to patent, copyright or protect any trademarks, copyrights or patents based thereon.
4.2. The intellectual property contained on the Website may not be used for any reason whatsoever, except with the owner(s) of the Website’s express prior written consent.
4.3. This Agreement does not confer any right or interest upon the User to any intellectual property beyond the limited right to a perpetual, non-exclusive, transferable, revocable license to access and use the Website.
5. LIMITATION OF LIABILITY
5.1. To the fullest extent permitted by the applicable law, the User disclaims and holds harmless the owner(s) of the Website against any cause of action in any jurisdiction that would give rise to any damages whatsoever, and the owner(s) of the Website shall not be liable to the User for any type of damages.
5.2. The User agrees not to seek any refund, compensation or reimbursement from the owner(s) of the Website, regardless of the reason whatsoever.
5.3. To the fullest extent permitted by any applicable law, the User releases the owner(s) of the Website from any and all responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between the User and the acts or omissions of any third parties.
6.1. To the fullest extent permitted by applicable law, the User will indemnify, defend and hold harmless the owner(s) of the Website from and against any and all actions, proceedings, claims, damages, demands and actions (including without limitation fees and expenses of counsel), incurred by the User and/or anyone on its behalf:
6.1.1. Any responsibilities or obligations under the Agreement;
6.1.2. Any breach of or violation of the Website or the Agreement;
6.1.3. Inaccuracy in any representation or warranty;
6.1.4. violation by the User of any rights of any other person or entity; and/or
6.1.5. Any act or omission that is negligent, unlawful or constitutes willful misconduct.
7. COOKIES POLICY
7.1. WHAT IS A COOKIE?
7.1.1. A “Cookie” is a small piece of data which the Website stores on the User’s computer and/or mobile device and is accessed each time the Website is visited.
7.1.3. This information is collected as statistical data about the Website User’s browsing actions and patterns, and does not identify any individual in particular.
7.1.4. For the same reason, the Website may obtain information about the Users general internet usage by using cookies.
7.1.5. The User is responsible for ensuring their computer and/or mobile devices settings are correct and can therefore elect to accept or decline cookies.
7.1.6. Cookies help the Company improve their Website(s) and/or Application and to deliver better and more personalized service.
7.2. TYPES OF COOKIES AND HOW THEY ARE USED
7.2.1. Essential Cookies – are cookies which are crucial to the User experience of the Website, enabling core functions like user logins, account management, shopping carts and payment processing. These are used to enable certain function on the Website. This Website uses essential cookies on the site.
7.2.2. Performance Cookies – are cookies used in the tracking of how the User uses the Website during a visit, without collecting personal information about the User. Typically, this information is anonymous and aggregated with information tracked across all the Website Users, to help companies understand visitor usage patterns, identify and diagnose problems or errors their users may encounter, and make better strategic decisions in improving their audience’s overall website experience. These cookies may be set by the Website which the User is visiting or by third-party services. This Website uses performance cookies on the site.
7.2.3. Functionality Cookies – are used in collecting information about the User’s device and any settings the User may configure on the website which it is visiting (like language and time zone settings). With this information, websites can provide the User with customized enhanced or optimized content and services. These cookies may be set by the website the User is visiting or by third-party services. This Website uses functionality cookies for selected features on the site.
7.3. THE FUNCTION OF COOKIES
7.3.1. Cookies enable the Website to:
18.104.22.168. Estimate the audience size and usage pattern;
22.214.171.124. Store information about the Users preferences, and therefore customize and optimize the Website according to the Users individual interests;
126.96.36.199. Speed up the Users searches; and
188.8.131.52. Recognize the User when they return to the Website.
7.4. THIRD-PARTY COOKIES ON THE WEBSITE
7.4.1. The Website may employ third-party companies and individuals on our Website e.g. analytics providers and content partners.
7.4.2. The Website will grant these third-parties access to selected information to perform specific tasks on the Users behalf.
7.4.3. They may also set third-party cookies in order to deliver the services they are providing.
7.4.4. Third-party cookies can be used to track the User on other websites that use the same third-party service.
7.4.6. This Websites third-party privacy promise:
184.108.40.206. The Website reviews the privacy policies of all its third-party providers before enlisting their services to ensure their practices align with its own.
220.127.116.11. The Website will never knowingly include third-party services that compromise or violate the privacy of this Website’s Users.
7.5. USER CONTROL OR HOW TO OPT OUT OF COOKIES
7.5.3. Should the User browse websites from multiple devices, the User may need to update its settings on each individual device.
7.5.4. Although some cookies can be blocked with little impact on to the User experience of a website, blocking all cookies may mean that the User is unable to access certain features and content across the sites it visits.
8. OBLIGATIONS IN TERMS OF THE PROTECTION OF PERSONAL INFORMATION ACT (POPIA)
8.1. The User acknowledges that should he or she complete the “Contact Form” via this Website, they will be required to share certain personal information about themselves.
8.2. The owner(s) of this Website take data protection very seriously and therefore warrant to fully comply with the provisions of the POPIA framework when necessary.
8.3. The Website owner(s) undertake, when applicable, to lawfully process all personal data collected from the User, as is required by the provisions of POPIA.
8.4. The User hereby consents to the Website collecting and processing special personal information, as far as it deems necessary, in the ordinary course of the successful viewing and functioning of the Website.
8.5. The Website shall only process special personal information when:
8.5.1. There is a legal necessity for the information to be processed;
8.5.2. When it is necessary to in order to perform the Services agreed upon;
8.5.3. There is a historical, statistical or research purpose for the information to be processed; and/or
8.5.4. The information has been deliberately made public by the Client.
8.6. The Website Owner undertakes to ensure that they have adequate safety measures in place to protect the integrity and confidentiality of all personal information in their possession.
8.7. The Website Owner undertakes to ensure that it has valid consents from its Users to provide special personal information to the Service Provider and further undertakes to ensure that it is acting in accordance with these requirements as laid out in the Act.
8.8. The Website Owner undertakes to comply with any other obligations placed upon them in terms of POPIA.
9.1. In the event that any provision or portion of this Agreement shall be determined to be invalid or unenforceable for any reason, in whole or in part, the remaining provisions of this Agreement shall be unaffected thereby and shall remain in full force and effect as permitted by law.
10.1. This Agreement shall be governed by the laws of South Africa, in all respects, including as to validity, interpretation and effect, without giving effect to its principles or rules of conflict of laws, to the extent such principles or rules are not mandatorily applicable by statute and would permit or require the Applications of the laws of another jurisdiction.
10.2. The User is entirely responsible to ensure that it is authorized to access the Website and any third-party links from this Website.
10.3. The Agreement, including all other legal documents and policies on the Website, constitutes the entire agreement between the Parties and supersedes all prior or contemporaneous agreements and understandings, both written and oral, between the Parties with respect to the subject matter hereof, including, without limitation, any public or other statements or presentations made regarding the Website and/or the Agreement.
10.4. If any provision of this Agreement is determined by a competent court to be invalid, inoperative or unenforceable for any reason, the provision shall be modified to make it valid and, to the extent possible, effectuate the original intent of the Parties as closely as possible in an acceptable manner so that the transactions contemplated hereby be carried out as originally contemplated to the fullest extent possible.