Terms of Use - Farbetek International (Pty) Ltd

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User Agreement

YOU WILL FIND THE USER AGREEMENT, GENERAL TERMS AND CONDITIONS OF USE, THE PRIVACY POLICY AND THE COMMUNITY GUIDELINES IN THIS DOCUMENT

PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THE SITE.


A.  General Terms and Conditions of Use

1.  Definitions

1.1.  In this user agreement, the terms below have the following meanings:

1.1.1.  "Farbetek Apps" means any online application software that is provided by or is connected with Farbetek that you install or download from an online application store and access via a mobile device, including any smartphone and/or tablet device.

1.1.2.  "Site" means collectively our website/s and the Farbetek Apps.

1.1.3.  "we", "us", "our" and "Farbetek" means Farbetek International (Pty) Ltd, and all its affiliates and subsidiaries and any developers that Farbetek may employ from time to time.

1.1.4.  "website" means the internet websites with the address www.farbetek.com or any website with a URL that is validly registered to Farbetek, such as www.nailteq.co.za amongst others.

1.1.5.  "you" and "your" means the user of the Site and / or your legal guardian.

1.1.6  "Shop" means the internet online shopping portal located on any domain registered in the name of Farbetek

1.1.7  "personal information" means information that identifies or relates specifically to you and shall  include photograph images.


2.  Conditions of Access

2.1.  Your access to, and use of, the Site is subject always to the community guidelines and terms and conditions set out in this user agreement.

2.2.  To avoid any confusion, you agree these terms and conditions applies to your use of:

2.2.1.  the website;

2.2.2.  any Farbetek Apps;

2.2.3.  any third party website or mobile application licensed to us;

Regardless of the platform, gateway, portal or mode of access you use to install, download or access the Site. Your cell phone provider may, depending on the type of contract you have, charge you for accessing the Site or for any usage of the Site (such as data charges, sms charges). Farbetek cannot be held responsible for these charges.


3.  Your Acceptance and Consent

3.1.  By using the Site, you expressly agree to the terms and conditions of this user agreement. If you do not agree to all of the terms and conditions, please do not continue to use the Site.

3.2.  When you install or download the Farbetek Apps, you may be required to accept the terms and conditions or the end user licence agreement (collectively, an "EULA") of a third party supplier or vendor. While the EULA is independent from these terms and conditions and establishes a separate legal relationship which you are bound by, you agree that, the EULA is part of this user agreement and will apply to your use of the Farbetek Apps.

3.3.  You agree that this user agreement applies to any information accessed via the Site, and to all sections of the Site.


4.  Changes to this User Agreement

4.1.  We may change the terms and conditions of this user agreement from time to time. We recommend that you familiarise yourself with this user agreement regularly.

4.2. The current version of this user agreement will apply each time that you access and use the Site.


5.  Your account

5.1.  If you use the Site – including our online shopping portal, you must keep your access details (including, your user name and password) confidential and not allow other people to use it. You also accept full responsibility for all activities that occur under your access details or password and accept responsibility for sharing your user name and password. You are only permitted to use one account. If you use more than one account we could delete all access.

5.2.  Once you’ve logged onto the site once, certain information, functionality and other features of the site may be accessible the next time you access the Site without having to re-enter your password.

5.3.  Farbetek may refuse to provide products and/or services to you if we are unable to verify any information that you provide to us.

5.4.  You agree that the following actions shall be material breaches of these terms and conditions:

5.4.1.  signing in as, or pretending to be, another person;

5.4.2.  transmitting material that violates, or could violate, the intellectual property rights of others or the privacy of others

5.4.3.  using interactive services in a way that is intended to harm, or could result in harm to you or to other users of the Site; or

5.4.4.  gathering information about others without obtaining their prior written consent.

5.5.   You also agree that any use of your access details shall be regarded as if you were the person using such information.

5.6   Please note that the user name you choose is permanent and can only be amended at Farbetek’s discretion.

5.7   Farbetek may determine certain requirements that you will need to meet when choosing a user name or password.  These requirements may be changed from time to time and you may be required to update your credentials.


6.  Full disclosure of all relevant facts and benefit entitlement

6.1.  Farbetek might need certain personal and financial information from you. It is in your best interest to keep this information current and accurate.

6.2.  You guarantee that all information provided by you at any time to Farbetek on or via the Site, will be true, accurate, current and correct and you undertake to update the information as and when required.

6.3.  You guarantee that you have fully disclosed all facts, and agree that this user agreement or any transactions related to this user agreement will be void if you do not meet this requirement.


7.  Electronic communication and records

7.1.  When you visit the Site or send e-mails to us, you accept that we can communicate with you electronically. All records that you send to us may be stored electronically and with third parties, although these third parties are bound by the strictest levels of confidentiality. These electronic records shall be proof of the records, unless you can prove otherwise.

7.2.  Any electronic communication (for example, an e-mail or SMS) sent to you will be regarded to have been received by you upon being sent by Farbetek. This includes, but is not limited to mobile push notifications.

7.3.  If you are a registered user of the Website, you will receive communications from us via e-mail. If you do not want to receive e-mails from Farbetek, you may change the way you receive your communication on the website, or you can phone our contact centre.

7.4.  Farbetek takes all reasonable steps to protect your personal information and maintain confidentiality, including the use of encryption technology. However, we cannot guarantee the security or integrity of any information you transmit to us online and you agree that you do this at your own risk.

7.5.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically meet any legal requirement that the communications be in writing.


8.  Copyright

8.1.  All content made available on the Site (for example, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software) belongs to Farbetek, unless we expressly state that it is not and is protected by South African and international law. In addition, the compilation of all content on the Site is the exclusive property of Farbetek and is protected by South African and international copyright laws.

8.2.  Except if permitted under this or another agreement with Farbetek no portion of the Site may be copied or transmitted via any means available now or in the future.

8.3.  Any unauthorised use, alteration or dissemination of the information or content on the Site is prohibited.

8.4.  You agree that if you breach the terms of this clause 8, Farbetek will have the right to claim damages against you, which will include the right to claim special, incidental, consequential or indirect damages. Farbetek will also be allowed to claim for loss of profits and loss of business and will also be allowed to recover all legal costs on a scale as between attorney and own client.

8.5.  Nothing on the Site should be regarded as granting any licence or right to use any trademark without Farbetek's prior written permission and/or that of any third party.

8.6.  Farbetek tries to ensure that the most sophisticated technology protects the information on the Site. However, Farbetek cannot be held responsible for any consequences that may result from the unlawful breach of copyright or unlawful dissemination of information by third parties copying information off the Site. If you suspect a breach or where a breach may have taken place and this comes to your knowledge, please contact us as soon as possible so that we can address the problem.


9.  Disclaimer

9.1.  The Site and all information, content, tools and materials are provided by Farbetek on an "as is" and "and available" basis, unless we inform you in writing.

9.2.  Farbetek does not guarantee the operation of the Site or the information, content, tools or materials on the Site. You agree that you use the Site at your own risk.

9.3.  Farbetek does not guarantee that (i) the Site; (ii) the information, content, tools or materials included on the Site; (iii) the Farbetek servers; or (iv) that any electronic communications sent by us are free from viruses or other harmful components. Farbetek will not be liable for any damages of any kind arising from your use of the Site or from any information, content, tools or materials included on or otherwise made available to you through the Site, including for direct, incidental, punitive and/or consequential damages.

9.4.  We are fully committed to providing you with the best possible service. However, we are not responsible for:

9.4.1.  any interrupted, delayed or failed transmission, storage or delivery of information due to a power failure, equipment or software malfunction, natural disasters, fire, labour unrest, or any other cause beyond the reasonable control of Farbetek; or

9.4.2.  any inaccurate, incomplete or inadequate information obtained from the Site supplied by you.

9.5.  Neither will we be responsible for any direct or indirect loss or damages that may arise from:

9.5.1.  any of the events described in this paragraph or the paragraphs above9.5.2.   your actions or omissions that result in a breach of this user agreement;

9.5.2.  any links to other websites from the Site. You also acknowledge that we cannot control the content of or the products offered on those websites;

9.5.3.  a denial of access to the website should we believe or have reason to believe that you are conducting activities that are illegal, abusive, would attack the integrity of the website or put Farbetek in disrepute; or

9.5.4.  your reliance on any of the information, content, tools or materials that you obtain from the Site.


10.  Indemnity

10.1. While Farbetek makes every effort to ensure that the content and information on the Site is complete, accurate and up to date, we make no guarantee about the suitability of the products and services on the Site or whether they are complete accurate or appropriate.

10.2.  You agree to fully indemnify Farbetek, its directors, and employees, and will not hold us responsible for any claim relating to your use of the Site.

10.3.  You agree to fully indemnify Farbetek, its directors and employees, from any errors or inaccuracies or incomplete information made available by third parties (including advisors and/or experts) on the Site and agree that, we will not be liable for any loss or damages, including direct, indirect and consequential loss, that may arise from any disclosure to or by any third parties.

10.4.  You agree that all information, including products and services or any terms or conditions relating to them, on the Site may change. Farbetek will try to notify you of the important changes within a reasonable time.

10.5.  You agree that any calculations made on the Site, (including any relating to your health) are estimates and are meant as guidelines only.

10.6.  Farbetek is not responsible for any mistakes in the performance of any calculators or interactive tools used in the calculations.

10.7.  All products and services provided on the Site are subject to confirmation, and any terms or conditions relating to them, at the time of finalising any transactions.

10.8.  You accept that some of the information, content, tools or materials on the Site come from external sources (including independent sources in the beauty, health and wellness industry), and you agree that Farbetek is not responsible, and will not be held liable, for any information or content, received from these external sources.


11. Phishing and Spoofing

11.1.  If you receive an unsolicited e-mail that appears to be from Farbetek and that requests you to provide personal information (such as your credit card number, user name, or password), or that asks you to verify or confirm your Farbetek information by clicking on a link, it is most likely that the e-mail was sent by a "phisher" or "spoofer."

11.2.  Farbetek will never ask for this type of information in an e-mail, and we strongly recommend that you do not respond to these e-mails and that you do not click on the link. Responding to "phishing" places you and your personal information at risk. Farbetek cannot be responsible for any consequences resulting from your response to any email sent by a "phisher" or a "spoofer".


12.  Linking to third party websites

12.1.  The Website may contain certain images and links to other third party websites with information, content or material produced by other parties. These linked third party websites are not under the control of Farbetek and Farbetek is not responsible for the information, content or material on any linked website, including, any link contained in a linked website, or any changes or updates to a linked website.

12.2.  Farbetek is providing these links to you only as a convenience, and you agree that the inclusion of links does not imply an endorsement by Farbetek of the linked website, their business or security practices, or any association with its operators.

12.3.  From time to time Farbetek may employ the services of third parties to assist with the hosting and management of certain services and aspects of the Site. We apply every effort to ensure that our sub-contractors comply with our Privacy Policy and widely accepted security standards and they will be accountable for any non-compliance.

12.4.  Should you have any queries arising from transactions you conclude with such third parties, you will be required to contact them directly.


13.  Applicable law

13.1.  By accessing and using the Site, you agree that the laws of the Republic of South Africa will govern this user agreement, and you consent to the jurisdiction of the South African courts in respect of any dispute which may arise from this user agreement.


14.  General Provisions

14.1.  The headings of the clauses in this user agreement is provided for convenience and ease of reference only, and will not be used to interpret, modify or amplify this user agreement.

14.2.  If any provision of this user agreement is held to be illegal, invalid or unenforceable, that illegality, invalidity or unenforceability shall not affect the other provisions of this user agreement.

14.3.  No failure or delay by Farbetek to exercise any of its rights will be regarded as a waiver of its rights,  nor will it affect the validity of any part of this user agreement.


B.  Privacy Policy

This privacy policy is complimentary to, and should be read and understood together with the general terms and conditions of use set out in Section A above.


1.  The General Principles of our Privacy Policy


1.1.  This privacy policy covers how we treat your personal information collected electronically when you use the Site, register or apply online for any Farbetek products or services, or when you contact Farbetek electronically.

1.2.  Farbetek respects your privacy and your personal information and for this reason, we take care to protect your personal information and to keep it confidential.

1.3.  When dealing with your personal information we apply the following:

1.3.1.  Farbetek will only disclose, collate and process ("use") your personal information with your express written permission unless we are legally required to do so.;

1.3.2.  Farbetek will not use your personal information for any other purpose, other than that which we disclosed to you, unless you give Farbetek your express written permission to do so, or unless Farbetek is permitted or required to do so by law

1.4.  By using the Site, registering or applying online for any Farbetek products or services, or contacting Farbetek electronically, you provide Farbetek with your express written permission to share your personal information within the Farbetek divisions, in the ordinary course of Farbetek′s business, including for purposes of providing you with the relevant products and services. You may revoke this consent in writing at any time.


2.  What do we mean by Personal Information

2.1.  Personal information refers to information that identifies or relates specifically to you, for example, your name, age and identity number or any information you use to register for the website.


3.  How we collect your Personal Information

3.1.  Whenever you use the Site, complete an application form, contact Farbetek electronically, or use one of the products, services, facilities, tools or utilities offered by Farbetek on the Site, Farbetek will collect your personal information.


4.  Why we collect and use Personal Information

4.1.  In order to make your use of the Site and the products, services, facilities, tools or utilities offered on the Site as informative and successful as possible, it is necessary for Farbetek to find out exactly what you need and want. The following are some of the reasons (i.e. disclosed reasons) why Farbetek would collect your personal information:

4.1.1.  for Farbetek to process your instructions or requests; or

4.1.2.  for Farbetek to ensure that we meet your needs, Farbetek may collect and analyse your personal information and combine all the information that we have about you for research and statistical purposes. We may also use your personal information to personalise and tailor our services to meet your needs; or

4.1.3.  once Farbetek has collected and analysed your personal information, Farbetek may send you promotional material or details which we think may be of interest to you.

4.1.4.  to conduct market research;

4.1.5.  to conduct academic research. This research is conducted to evaluate and improve Farbetek’s product offerings. You are advised that information may be shared with third parties such as academics and researchers. All information collected for research purposes will be kept strictly confidential and all data will be depersonalised.  No personal information will be made available to a third party without your written consent.  If we publish the results of this research, you will not be identified by name.

4.2.  Your privacy is important to us and we will therefore not sell, rent or provide your personal information to unauthorised third parties for their independent use, without your consent. If at any stage after you have given Farbetek your consent you no longer wish Farbetek to use or share your personal information, you may at any stage withdraw your consent.

4.3.  You accept that we may store your personal information outside of the region or country that you may submit or use it in.


5.  Protection of your Personal Information

5.1.  Farbetek values the information that you choose to provide and will take reasonable steps to protect your personal information from loss, misuse or unauthorised alteration. The information Farbetek has concerning Farbetek clients is stored in databases hosted by iPage.com who have assuered Farbetek that they have built-in safeguards to ensure the privacy and confidentiality of that information.

5.2.  When you use the products, services, facilities, tools or utilities provided by Farbetek on the Site, you may be given an access number, user name, password and/or personal identification number (PIN). You must always keep your user name, access card, password and/or PIN a secret and ensure that you do not disclose it to anyone.


6.  Correction of Personal Information

6.1.  If you ever want to update or correct any of your personal information held by Farbetek, you can e-mail us or you can phone our contact centre.


7.  Personal Information held by or disclosed by you or Farbetek to a third party


7.1.  Because Farbetek is not responsible for any representations or information or warranties or content on any third party website (including third party websites linked to this website,  websites facilitated by us or websites that serve as social networks like Facebook or Twitter), Farbetek does not exercise control over the privacy policies of these third parties and you should refer to the privacy policy of these third parties to see how they protect your privacy.

7.2.  Farbetek may enter into arrangements with its partners or other third party suppliers which will require us to disclose your personal information to these third parties for the purpose of transferring data to us from a device(s) that measures bodily functions or fluids. You hereby consent to Farbetek disclosing your personal information to these third parties for this purpose and you also consent to receiving data about yourself from these third parties. If at any time after you have given Farbetek your consent you no longer wish to disclose your personal information to these third parties, you may at any time withdraw your consent.


8.  Cookies and Online advertising

8.1.  Farbetek uses cookies. We use the word "cookie" to refer to information that is sent from the Site to your hard drive, where it is saved. In this way, the next time you use the Site, Farbetek will know who you are and that you have visited the Site before. We also collect information about how you use the website, your preferences and past browsing history.

8.2.  Farbetek engages third parties that help us deliver banner advertisements and other online communications. The third parties may collect and use information about Farbetek customers to help us understand the offers, promotions, and types of advertising that are most appealing to our customers. The personal information they collect is aggregated and cannot be linked to a person.

8.3.  Third party vendors, including Google and DoubleClick, show Farbetek ads on sites on the internet.

8.4.  Third party vendors, including Google and DoubleClick, use cookies to serve ads based on a user's prior visits to Farbetek’s website.

8.5.  Users may opt out of Google and DoubleClick's use of cookies by visiting the Google advertising opt-out page or by visiting the Network Advertising Initiative opt out page.


9.  Changes to this Privacy Policy

9.1.  Farbetek may amend this privacy policy from time to time. We will give you notice of any material changes within a reasonable time, however, we recommend that you familiarise yourself with this privacy policy regularly.

9.2.  The current version of this privacy policy will govern the respective rights and obligations between you and Farbetek each time that you access and use the Site


10.  Which laws apply to this Privacy Policy

10.1.  This privacy policy is governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the South African courts in respect of any dispute which may arise out of or in connection with the formation, interpretation, substance or application of this privacy policy.


C.  Social Media Guidelines

These guidelines are complimentary to, and should be read and understood together with, the general terms and conditions of use set out in Section A above.

1.  Farbetek has created an online presence at various social media Sites, such as Facebook, Twitter, Pinterest, Linked-in and Issuu. These have a community aspect, aimed at helping people be inspired by the actions of key influencers, experts, friends and people that share similar interests and aspirations.

2.  You are required to be 18 years of age to use our Social Media pages.

3.  As part of this community aspect, you may post your personal opinions, messages and ideas to these pages and to the discussion forums available.

4.  However, you undertake not to post content that may be illegal, defamatory, infringing, harassing, obscene, commercial advertising, personal marketing, profane, untrue, incorrect or harmful, or which Farbetek regards as inappropriate, and you accept that Farbetek may remove this content from the social media pages.

5.  You are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content from these pages to Farbetek, and Farbetek undertakes to correct and/or remove such content or any part thereof if it feels that it is appropriate to do so.

6.  Farbetek does not editorially control, filter or read your postings on these Social Media pages on an ongoing basis, and you acknowledge and agree that Farbetek shall not be responsible, in any way, for any user postings. You also agree to indemnify Farbetek against any liability, claim, damage or loss of whatsoever nature that may result from your posting(s) to these Social Media pages.

7.  You accept that the community aspect is integral to the Farbetek online presence, and agree to respect and abide by these community guidelines at all times when accessing or using our Site and our Social Media pages, and to interact and engage with fellow users with equal respect and dignity.

8.  Please note that as a user of any of our websites, you determine who will have access to your personal information when you invite them to view your profile. Farbetek cannot be responsible for any consequences that may result from access that you may have provided to any individual.


 
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