Terms and Conditions
Web Site Terms & Conditions
THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE ENVIRON WEB SITE OR ANY PART THEREOF (THE ENVIRON WEB SITE) IN TERMS OF SECTION 11(3) OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MUST LEAVE THE ENVIRON WEB SITE NOW, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.
A COPY OF THE ECT ACT MAY BE DOWNLOADED FROM: http://www.polity.org.za/pdf/ElectronicCommunications.pdf
DEFINITIONS AND INTERPRETATION
a)“Environ” means the Environ web site located at www.environ.co.za and includes any part or element thereof;
b)‘’Content Use Licence’’ means such licence extended to the User for the purpose of downloading requested and specific Environ information, available only from restricted pages of the Environ web site;
c)“User” means any person who enters or uses the Environ web site, notwithstanding the fact that such a person only visited the home page of the Environ web site;
d)References herein to the singular includes the plural and vice versa; and
e)Notwithstanding the fact that hyperlinks in these terms and conditions to copyright notices and legislation should be deemed part of these terms and conditions in terms of section 11 of the ECT Act, the fact that some or all of the hyperlinks may be non-operational, shall not play a role in determination of the validity and interpretation of these terms and conditions.
1.1 Environ Skin Care (Pty) Ltd. (‘’Environ’’) is a specialised leader in manufacturing and distributing the Environ range of skin care products and equipment.
1.2Certain pages of this web site are only accessible through username and password and Users accessing those pages are required to accept Environ’s Content Use Licence by indicating agreement thereto.
2.ALLOWED USE AND LICENCE
2.1Environ licenses the User to view, download and print the content of the Environ web site, provided that such content is used for personal, educational and/or non-commercial purposes only.
2.2 Content from the Environ web site shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of Environ.
2.3 Users may only access and use the Environ web site for legal purposes.
2.4 The caching of the Environ web site shall only be allowed if:
2.4.1 The purpose of the caching is to make the onward transmission of the content from the Environ web site more efficient;
2.4.2 The cached content is not modified in any manner whatsoever;
2.4.3 The cached content is updated at least every 12 (twelve) hours; and
2.4.4 The cached content is removed or updated when so required by Environ.
2.5 If any User uses content from the Environ web site in breach of the provisions detailed herein:
2.5.1 Environ reserves the right to claim damages from the User;
2.5.2 Environ reserves the right to institute criminal proceedings against the User; and
2.5.3 Environ shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.
2.6 Hyperlinks to the Environ web site from any other source shall be directed at the home page of the Environ web site. Environ shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the Environ web site, if such content was accessed through a hyperlink not directed at the home page of the Environ web site. Persons that wish to link to content beyond the home page of the Environ web site shall do so at their own risk and indemnify Environ against any loss, liability or damage that may result from the use of content from the Environ web site, if such content was accessed through a hyperlink not directed at the home page of the Environ web site. Environ’s non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.
2.7 Users may quote small and reasonable portions of content available from the Environ web site only if such quote is placed in inverted commas and its origin acknowledged.
2.8 No person may frame the Environ web site, in any manner whatsoever, without the prior written consent of Environ.
2.9 Apart from bona-fide search engine operators and use of the search facility provided on the Environ web site by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the Environ web site for any purposes, without the prior written consent of Environ.
2.10 All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by Environ at any time without giving reasons therefore.
3. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE
3.1 All intellectual property on the Environ web site, including but not limited to content, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to Environ and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on the Environ web site are expressly reserved.
3.2 “Environ Alpha’’, Environ Cosmetics’’, ‘’Environ Essentia Oil Logo’’, ‘’Environ Gel’’, ‘’Environ Skin Care’’, ‘’Environ Systems Logo”, ‘’Environ Cosmeceutics Deutschland & Device’’, ‘’Environ Cream Logo’’, ‘’Environ Logo’’, ‘’Ionzyme’’, ‘’C-Boost’’, ‘’Masque Citrique’’, ‘’Masque Crystal’’, “Envirocol” and ‘’RAD’’ are registered trademarks. "Alpha Logo", "B-Active Logo", "Environ - A Beautiful Skin for a Lifetime" and "Roll-Cit" are trademarks pending registration. Users agree not to use the trademark as an element of a domain name or sub domain name, notwithstanding the fact that such domain name use or registration may be allowed in terms of trademark and/or constitutional law. Upon request to do so a User shall immediately cease to use such domain name and transfer it to Environ at the cost of the User. 4.
4.SOFTWARE AND EQUIPMENT
It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and access accounts required to access the Internet and the Environ web site and/or download content from this web site.
5. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
Access to the services, content, software and content downloads available from the Environ web site is classified as “electronic transactions” in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and Environ has the duty to disclose the following information:
5.1 The full name and legal status of the web site owner: Environ Skin Care (Pty) Ltd.;
5.2 Street address: Unit G11, Access Park, Doncaster Road, Kenilworth, 7700, South Africa;
5.3 Postal address: PO Box 36057, Glossderry, 7702, South Africa;
5.4 Physical address for receipt of legal service: Unit G11, Access Park, Doncaster Road, Kenilworth, 7700, South Africa;
5.5 Main business: Environ manufactures and distribute its range of skincare products and equipment. Environ distributes its products and equipment both locally in South Africa and internationally, currently in 33 countries ;
5.6 The web site address of the Environ web site is: http://www.environ.co.za ;
5.7 The official e-mail addresses of the Environ web site are: email@example.com or Karen Marais at Karen@environ.co.za ;
5.8 Membership of self-regulatory or accreditation bodies: Environ currently hold membership of the CTFA (Cosmetic, Toiletries and Fragrance Association) of South Africa, which abides by the code of conduct of COLIPA (the body governing cosmetics in the EU), as well as the CTFA USA and COSCHEM. Environ also won a years membership of the Proudly South African Association in 2003;
5.9 Codes of conduct to which the Environ web site subscribes: Environ subscribes to the codes of conduct of CTFA, which abides by the code of conduct of COLIPA; 5.10 The Manual published in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 of the owner of the Environ web site may be downloaded from: http://www.environ.co.za ;
5.11 Management: The management profile of Environ is available from http://www.environ.co.za ;
5.12 The costs associated with the access and use of the Environ web site are as follows: free access;
5.13 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
5.13.1 access to the Environ web site;
5.13.2 the inability to access the Environ web site;
5.13.3 the services and content available from the Environ web site; or
5.13.4 these terms and conditions, shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Cape Town in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following web site: http://www.arbitration.co.za;
5.14 Cooling-off period: In terms of the operation of section 42(1)(d) of the ECT Act, the cooling-off provisions of the ECT Act do not apply to this web site; and
5.15 Users may lodge complaints concerning the Environ web site with Environ at firstname.lastname@example.org or Karen Marais at Karen@environ.co.za
6. CHANGES AND AMENDMENTS
Environ expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
6.1 change these terms and conditions;
6.2 change the content and/or services available from the Environ web site;
6.3 discontinue any aspect of the Environ web site or service(s) available from the Environ web site; and/or
6.4 change the software and hardware required to access and use the Environ web site.
7.1 Environ shall take all reasonable steps to protect the personal information of Users and for the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf
7.3 Environ may electronically collect, store and use the following personal information of Users:
7.3.1 name and surname;
7.3.2 contact numbers;
7.3.3 non-personal browsing habits and click patterns;
7.3.4 e-mail address; and
7.3.5 IP address.
7.4 Environ collects, stores and uses the abovementioned information for the following purposes:
7.4.1 communicate requested information to the User; and
7.4.2 to compile non-personal statistical information about browsing habits, click-patterns and access to the Environ web site.
7.5 Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.
7.6 Environ may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
7.6.1 Environ shall not disclose personal information from Users unless the User consents thereto;
7.6.2 Environ shall disclose information without the User’s consent only through due legal process; and
7.6.3 Environ may compile, use and share any information that does not relate to any specific individual.
7.7 Environ owns and retains all rights to non-personal statistical information collected and compiled by Environ.
8. HYPERLINKS TO THIRD PARTY SITES
8.1 Environ may provide hyperlinks to web sites not controlled by Environ (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites; and
8.2 Environ does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.
9.1 Environ shall take all reasonable steps to secure the content of the Environ web site and the information provided by and collected from Users from unauthorised access and/or disclosure. However, Environ does not make any warranties or representations that content shall be 100% safe and secure;
9.2 Environ is under no legal duty to encrypt any content or communications from and to the Environ web site and is also under no legal duty to provide digital authentication of any page on the Environ web site;
9.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the Environ web site or the server and computer network that support the Environ web site.
9.4 Notwithstanding criminal prosecution, any person who delivers any damaging code to the Environ web site, whether on purpose or negligently, shall, without any limitation, indemnify and hold Environ harmless against any and all liability, damages and losses Environ and its partners / affiliates may suffer as a result of such damaging code;
9.5 Users may not develop, distribute or use any device to breach or overcome the security measures of the Product and Environ reserves the right to claim damages any and all persons concerned with a security failure or breach; and
9.6 Any User who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Environ and its partners / affiliates. The ECT Act may be downloaded from: http://www.polity.org.za/pdf/RegOfInterOfCommAct70.pdf
10. DISCLAIMER AND LIMITATION OF LIABILITY
10.1 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, Environ (including its owners, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
10.1.1 access to the Environ web site;
10.1.2 access to web sites linked to the Environ web site;
10.1.3 inability to access the Environ web site;
10.1.4 inability to access web sites linked to the Environ web site;
10.1.5 content available on the Environ web site;
10.1.6 services available from the Environ web site;
10.1.7 downloads and use of content from the Environ web site;
10.1.8 any other reason not directly related to Environ’s gross negligence.
10.2 The Environ web site is supplied on an "as is" basis and has not been compiled to meet the User's individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with Environ, that the content available from and through the Environ web site meet the User's individual requirements and is compatible with the User's computer hardware and/or software.
10.3 Information, ideas and opinions expressed on the Environ web site should not be regarded as professional advice or the official opinion of Environ and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the Environ web site.
10.4 Environ does not make any warranties or representation that content and services available from the Environ web site will in all cases be true, correct or free from any errors. Environ shall take all reasonable steps to ensure the quality and accuracy of content available from the Environ web site.
10.5 Environ does not make any warranties or representations that the Environ web site shall be available at all times. Users acknowledge that the Environ web site may be unavailable due to updates or other causes beyond the reasonable control of Environ, including, but not limited to virus infection, unauthorised access, power failure or other “acts of God”.
ACCESS TO CONTENT DOWNLOADS
11.1 Users who require access to content downloads from the Environ web site, shall address a request to Environ via e-mail and include the following:
11.1.1 Name of applicant;
11.1.2 Street address;
11.1.3 Postal address;
11.1.5 Telephone number;
11.1.6 Facsimile number;
11.1.7 E-mail address;
11.1.8 Reason content is required;
11.1.9 Manner in which content will be used; and
11.1.10 Nature and scope of content required.
11.2 Upon approval of a content download application, Environ shall allocate a username and password to the client; and
11.3 Upon entry into the restricted pages of this web site, the applicant shall be requested to accept the Content Use Licence.
12. REMOVAL AND CORRECTION OF CONTENT
13. Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the Environ web site to Environ and Environ undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.
14. INTERCEPTION OF COMMUNICATIONS
14.1 Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to Environ’s right to intercept, block, filter, read, delete, disclose and use all communications sent or posted by the User to the Environ web site, its staff and employees; and
14.2 The User agrees and acknowledges that the consent provided by the User in clause 12.1 satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.
15. ENTIRE AGREEMENT AND SEVERABILITY
15.1 Subject to the provisions of the Content Use Licence, these terms and conditions constitute the entire agreement between Environ and the User and shall take precedence over any disclaimers and/or legal notices attached to any communications and/or postings received by Environ from the User.
15.2 Any failure by Environ to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
15.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
16. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT
The User and Environ agree that:
16.1 the User shall be bound to these terms and conditions and such agreement is concluded in Cape Town (South Africa) at the time the User enters the Environ web site for the first time or immediately after the User indicated consent as required in Content Use Agreement;
16.2 data messages (as defined in the ECT Act) addressed by the User to Environ shall only be deemed to have been received if and when responded to;
16.3 data messages (as defined in the ECT Act) addressed to the User by Environ shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;
16.4 data messages (as defined in the ECT Act) addressed by the User to Environ shall be deemed to have been created and sent by the User from within the geographical boundaries of South Africa;
16.5 electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and Environ; and
16.6 the User agrees and warrants that data messages that are sent to Environ from a computer, IP address or mobile device normally used by or owned by the User, was sent and/or authorised by the User personally.
17. APPLICABLE AND GOVERNING LAW Subject to clause 5.13, the Environ web site is hosted, controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use the Environ web site, its content, services and these terms and conditions.
18. LEGAL COSTS
Environ shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.
© 2004. ALL RIGHTS NOT EXPRESSLY ALLOWED ARE RESERVED.
These terms and conditions are licensed to Environ Skin Care (Pty) Ltd. by Buys Inc. Attorneys, Cape Town / Johannesburg, South Africa