Terms & Conditions
Terms and Conditions
1.1 These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”). Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Girlz Ink in terms of the CPA.
1.2 If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Girlz Ink to explain it to you before you accept the Terms and Conditions or continue using the Website.
1.3 These Terms and Conditions govern your use of the Girlz Ink website located at the domain name www.girlzink.co.za. By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice.
2.1 We at Girlz Ink value our customers and respect your privacy and will take reasonable measures to protect it. Should you decide to register as a user on the Website, we may require you to provide us with personal information. This policy describes the personal information we collect about you, why we collect it and what we use it for. Our policy also describes the choices you can make about how we collect and use your information. Should our policy change for any reason, we will post an updated policy on our website.
2.2 Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
2.3 You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
2.4 We may share your information with service providers who manage our customer information and perform our marketing services such as running promotions, keeping in communication with our customers, conducting surveys etc. We strictly prohibit these service providers to make any other use of this information. We may share information about you only if necessary to comply with laws or regulations in order to protect the rights of Girlz Ink and others. We will make sure that your information is kept strictly confidential and is not disclosed to third parties. In the unlikely event of a sale or merger of Girlz Ink, customer information as well as personal data may be included in the transferred business assets.
2.5.1 Subject to clause 2.6 below, we will not, without your express consent:
18.104.22.168 use your personal information for any purpose other than as set out below:
22.214.171.124 in relation to the ordering, sale and delivery of Goods;
126.96.36.199 to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us);
188.8.131.52 to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us); and
184.108.40.206 to improve your experience on our Website by, inter alia, monitoring statistical non-personal browsing habits, and to transact with us; or
2.5.2 disclose your personal information to any third party other than as set out below:
220.127.116.11 to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
2.6 We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, order of court or legal process served on us, or to protect and defend our rights or property.
2.7 We will ensure that all of our employees and third party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information.
2.8 We will –
2.8.1 treat your personal information as strictly confidential;
2.8.2 take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
2.8.3 provide you with access to your personal information to view and/or update personal details;
2.8.4 promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
2.8.5 provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
2.8.6 upon your request, promptly return or destroy any and all of your personal information in our possession or control.
2.9 We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
2.10 Girlz Ink undertakes never to sell or make your personal information available to any third party other than as provided for in this policy, unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, Girlz Ink reserves the right to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
2.11 Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
Ownership, Copyright and Intellectual Property Rights
The User may not access, display, use, download, and/or otherwise copy or distributes content obtained on the website for marketing and other purposes without the consent of Girlz Ink. The contents of the Website, including any material, information, data, icons, text, graphics, lay-outs, images, trade names, logos, trade-marks, designs and service marks which are displayed on the domain www.girlzink.co.za are protected by law, including but not limited to copyright and trade mark law. All such proprietary works, and the compilation of the proprietary works, are copyright of Girlz Ink, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. Girlz Ink reserves the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. 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.
Updating of these Terms and Conditions
Girlz Ink reserves the rights to change, modify, add 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 User’s 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.
Limitation of liability
5.1 Girlz Ink cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Girlz Ink, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to firstname.lastname@example.org. Girlz Ink shall not be held liable for any direct, indirect, incidental or consequential loss of damage which might arise from your use, or reliance upon, the Website or the content contained in the Website; or the User’s inability to use the Website and/or unlawful activity on the Website.
5.2 The User hereby indemnifies Girlz Ink against any loss, claim or damage which may be suffered by you or any third party arising in any way from your use of this website.
Governing law and jurisdiction
6.1 This Website is controlled, operated and administered by Girlz Ink from its offices within the Republic of South Africa. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions. These Terms and Conditions constitute the entire agreement between Girlz Ink and the User with regard to the use of the Content and this Website.
6.2 In the event of any dispute arising between you and Girlz Ink, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Johannesburg, Gauteng) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
6.3 Nothing in this clause 6 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
7.1 The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
7.2 Whilst Girlz Ink takes reasonable measures to ensure that the content of the Website is accurate and complete, Girlz Ink makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.
7.3 Girlz Ink disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
7.4 Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
7.5 Any views or statements made or expressed on the Website are not necessarily the views of Girlz Ink, its directors, employees and/or agents.
7.6 In addition to the disclaimers contained elsewhere in these Terms and Conditions, Girlz Ink also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Girlz Ink, its employees, agents or authorised representatives. Girlz Ink thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
Availability and Termination of the Website
8.1 We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.
8.2 Girlz Ink may in its sole discretion terminate, suspend and modify this Website, with or without notice to you, or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you. You agree that Girlz Ink will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
8.3 If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
8.4 At any time, you can choose to stop using the Website, with or without notice to Girlz Ink.
9.1 These Terms and Conditions contain the whole agreement between you and Girlz Ink and no other warranty or undertaking is valid, unless contained in this document between the parties.
9.2 You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
9.3 Any failure on the part of you or Girlz Ink to enforce any right in terms hereof shall not constitute a waiver of that right.
9.4 If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
9.5 No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
9.6 No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.