Terms and Conditions of Use
Your access to and use of the HairlossSA website as the user ("the user") shall be subject to the following terms and conditions. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS, YOU MAY NOT ACCESS THIS WEBSITE OR USE ANY OF THE SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. We reserve the right at our sole discretion to update or revise the Terms and Conditions of Use. The amended terms will be made available on the website. Your continued use of this website following the posting of any changes to the Terms and Conditions of Use constitutes acceptance of those changes.
1. THE INFORMATION SERVICE
1.1 The HairlossSA information service ("the information service") is comprised of information and content, which includes but is not limited to articles, advertising services, general news, e-commerce, interactive chat rooms, trading websites, news groups and forums (moderated and unmoderated) provided by HairlossSA and third parties with whom HairlossSA has contracted.
1.2 HairlossSA may, in its sole discretion, amend these terms and conditions from time to time at which time the new terms and conditions will immediately come into effect in respect of further usage.
2.1 HairlossSA hereby grants to the user a personal, non-exclusive, non-assignable and non-transferable right to use and display all content and software included in the information service on any computer of which the user is the primary user.
2.2 Notwithstanding anything contained in clause 2.1 above the user may designate members of the user's household to use the information service in accordance with the terms of this agreement, provided it is done by using the user's computer equipment or account.
2.3 Any free service offered on the HairlossSA web-site is at the sole discretion of HairlossSA.
2.4 The user shall not copy any of the content or software without first obtaining HairlossSA's consent and HairlossSA reserves all its rights, including the right to institute legal action and to terminate this agreement, should such infringement occur.
2.5 The user shall be responsible for all use of the information service accessed through the user's account, as defined by any user identification mechanisms such as cookies, passwords or authentication certificates, and the user hereby agrees to be personally liable for any and all obligations entered into or assumed by others who access the information service through the user's account.
2.6 Neither the user nor its designated users may reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any information, software or other content which they receive or access through the information service, without the prior written consent of HairlossSA.
2.7 As a condition of your use of the HairlossSA website, you warrant to HairlossSA that you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Any unauthorised commercial use of the website, or the resale of its services, is expressly prohibited.
2.8 You agree to abide by all applicable local, provincial, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your use of the HairlossSA website. By way of example, and not as a limitation, you agree not to:
2.8.1 Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
2.8.2 Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information.
2.8.3 Advertise or offer to sell or buy any goods or services for any non-personal purpose.
2.8.4 Harvest or otherwise collect information about others, including email addresses, without their consent.
2.8.5 Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message.
2.8.6 Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a website member any directory of the website members or other user or usage information or any portion thereof other than in the context of your use of the website as permitted under the Terms and Conditions.
2.8.7 Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs.
2.8.8 Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto and/or have received all necessary consents.
2.8.9 Interfere with or disrupt networks connected to the website or violate the regulations, policies or procedures of such networks.
2.8.10 Attempt to gain unauthorised access to the website, other accounts, computer systems or networks connected to the website, through password mining or any other means.
2.8.11 Interfere with another user's use and enjoyment of the website or another individuals or entity's use and enjoyment of similar services.
The user agrees that:
3.1 Use of the information service is at the user's sole risk. Neither HairlossSA nor any of its information providers, licensors, suppliers, employees, agents, or Internet Service Providers ("the suppliers"):
3.1.1 guarantee that the information service will be uninterrupted, error-free, and accurate or correct;
3.1.2 shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of the information service or inability to use the service or out of any breach of this agreement.
3.2 The user shall not add to the information service any material that violates the intellectual property rights of any other person.
3.3 The user shall not upload, post or otherwise publish on or over the information service, and not seek on or over the service, any software, file, information, communication or other content:
3.3.1 which violates or infringes upon the rights of any other;
3.3.2 which, under the circumstances and in HairlossSA's sole discretion, is, or is likely to be perceived by an intended recipient or target as, defamatory, deceptive, misleading, abusive, profane, pornographic, offensive or inappropriate or contrary to any laws of the countries in which the information service may be accessed;
3.3.3 which is unsuitable for children and minors;
3.3.4 which constitutes a threat to, harassment of, or invasion of privacy of any person or legal persons;
3.3.5 which detrimentally affects the information service or HairlossSA in any way whatsoever;
3.3.6 which contains any virus or any other attribute that may cause a corruption of data;
3.3.7 which, without the approval of HairlossSA, contains any advertising, promotion or solicitation of goods or services for commercial purposes.
3.4 The HairlossSA website may produce automated search results or otherwise link you to other websites on the Internet. These websites may contain information or material that some people may find inappropriate or offensive. These other websites are not under the control of HairlossSA and the user acknowledges that HairlossSA is not responsible for the accuracy, copyright compliance, legality or decency of any other aspect or the content of such websites. The inclusion of such a link does not imply endorsement of the website by HairlossSA or any association with its operators.
3.5 HairlossSA does not make any warranty or representation that information and products advertised on the website are appropriate for use in any jurisdiction. By accessing the website, you warrant and represent to HairlossSA that you are legally entitled to do so and to make use of information and services available via the website.
4. DISCLAIMER AND INDEMNITY
4.1 In no event shall HairlossSA and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website, with the delay or inability to use the website, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise, even if HairlossSA or any of its suppliers has been advised of the possibility of damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the service, or with any of these terms and conditions of use, your sole and exclusive remedy is to discontinue using the website.
4.2 You agree to indemnify and hold HairlossSA, its parent companies, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the website or any breach of these terms and conditions by the user.
4.3 The information service is distributed in good faith without any warranties either express or implied, including any implied warranties of the merchantability, non-infringement of third party rights, freedom from viruses or other harmful code or fitness for a particular purpose. HairlossSA does not warrant that the use or the results of the use of the website or the materials made available as part of the website will be correct, accurate, timely, or otherwise reliable.
4.4 The user acknowledges that HairlossSA will not be required to edit or review for accuracy or appropriateness any content within the service.
4.5 HairlossSA reserves the right at any time to change or discontinue without notice, any aspect or feature of the website and any information, data and/or content on the website.
4.6 The user waives any claim which the user may have against HairlossSA, its subsidiaries and other affiliated companies and their employees, contractors and officers in respect of any selection of, or retention of, or the acts or omissions of, third parties in connection with the information service.
4.7 You specifically agree that HairlossSA shall not be responsible for unauthorised access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the website. You specifically agree that HairlossSA is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights.
4.8 Any dealings with Advertisers on the information service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the Advertiser or other third party. HairlossSA shall not be responsible or liable for any part of any such dealings or promotions.
4.9 The HairlossSA website is available on the World Wide Web ("WWW") for any user with access to the WWW to view, "as is" and has not been compiled or designed to meet each user's individual requirements. HairlossSA will not be held responsible for any inconvenience, loss or damage that a user may suffer as a result of failure to meet such requirements.
5. VIEWS EXPRESSED
5.1 The views and opinions expressed on the HairlossSA website are not necessarily those of HairlossSA and HairlossSA cannot be held responsible for such views expressed or such content submitted by third parties.
5.2 HairlossSA shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on HairlossSA. Without limiting the foregoing, HairlossSA shall have the right to remove any material that HairlossSA, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
6.1 HairlossSA may terminate access to any part or all of the website and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever.
7.1 You agree that all instructions, consents, orders and any other communications which purport to originate from you or a person who had authority to act on your behalf in respect of such communication or an information system programmed by or on your behalf to operate automatically (unless it is proved that such information system did not properly execute such programming) (collectively "the originator") and which are sent to HairlossSA electronically and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the instructions actually sent or given, or may not have been given by you at all, shall be deemed to have been given by the originator in the form actually received by HairlossSA and you will be bound by such instruction with no liability of whatever nature attaching to HairlossSA in regard thereto.
7.2 You waive any rights you may have or obtain against HairlossSA arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that HairlossSA acts on your instructions/orders or instructions/orders purported to emanate from you and you indemnify HairlossSA against all and any claims, liabilities, losses, costs, fines, damages and expenses incurred (whether directly or indirectly) by you, arising as a result of the fact that HairlossSA has acted on your instructions/orders or instructions/orders which purport to emanate from you.
8.1 HairlossSA shall have the right, but not the obligation, to monitor the content of HairlossSA, including chat rooms and forums, to determine compliance with the Terms and Conditions of Use and any operating rules established by HairlossSA and to satisfy any law, regulation, legal process or authorised government request.
9. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
9.1 All the contents on the HairlossSA website, including any and all text, graphics, music, sounds, video, terms, icons, hyperlinks, private information, designs, trademarks, software, data and databases is the intellectual property of HairlossSA and is protected by local and international law dealing with copyright and intellectual property rights. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights. Nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of HairlossSA.
9.2 The user or designated user who places or has placed software, a file, information, communication or other content on, in, over or through the accessible areas of the service grants to HairlossSA or assignees an exclusive, paid-up, perpetual and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify and otherwise use in connection with HairlossSA business or the business of HairlossSA assignees such software, files, information, communications and other content, regardless of the medium, technology or form utilised by HairlossSA in the exercise of this grant.
9.3 No person, business or website may frame the HairlossSA website or any of the pages on the website in any way whatsoever without the permission in writing of HairlossSA.
10. EXTERNAL LINKS
10.1 External links may be provided for your convenience, but they are beyond the control of HairlossSA and no representation is made as to their content. Use or reliance on any external links provided is at your own risk. When visiting external links you must refer to that external Terms and Conditions of Use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of HairlossSA.
11. SECURITY AND UNLAWFUL USE
11.1 Any legal person that delivers or attempts to deliver any damaging code to the HairlossSA website, to gain unauthorised access to any page on the website, to tamper with any of the contents or pages that constitutes the website or duplicate such pages or content without the express permission of HairlossSA shall be prosecuted to the full extent of the law, and civil damages may be claimed in the event that HairlossSA suffers any damage or loss as a result of such actions.
11.2 The user may not circumvent user authentication or security of any host, network, or account (referred to as "cracking" or "hacking"), nor interfere with service to any user, host, or network (referred to as "denial of service attacks").
11.3 Violations of system or network security by the user are prohibited, and may result in civil or criminal liability. HairlossSA will investigate incidents involving such violations and will involve and will co-operate with law enforcement officials if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
11.3.1 Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of any system or network or to breach security or authentication measures without the express authorisation of HairlossSA.
11.3.2 Unauthorised monitoring of data or traffic on the network or systems without express authorisation of HairlossSA.
11.3.3 Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
11.3.4 Forging of any TCP-IP packet header (spoofing) or any part of the header information in an email or a newsgroup posting.
11.3.5 You are prohibited from making use of our website to make fraudulent offers to sell or buy products, items, or services or to offer or solicit for any type of financial scam such as "pyramid schemes" and "chain letters".
12.2 HairlossSA will be entitled in its sole discretion and without notice to provide user information and records to the courts, law enforcement agencies, others involved in prosecuting claims or investigations for conduct or conditions alleged or believed to be illegal or to violate or threaten rights of any person or entity, and to maintain and use internally such information and records.
12.3 HairlossSA may also provide online and e-mail communications to the user on matters pertaining to the information service, its features, its sponsors, or its use without compensation to the user, but shall do so reasonably and in good faith.
12.4 The user acknowledges:
12.4.1 that communications within the information service may be monitored or reviewed for quality control and other reasonable business purposes;
12.4.2 that advertising and promotion may occur on the information service and that the user shall not have any claim with respect to any proceeds from such activities.
12.4.3 The use of the user information and the disposal or dissemination thereof shall not constitute invasion of privacy by HairlossSA.
13. COMPLIANCE WITH SECTION 43(1) OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT OF 2002 ("ECT ACT").
In compliance with section 43(1) of the ECT Act, please note the following:
13.1 full name : HairlossSA;
13.2 postal address : P O Box 1810, Southdale 2135;
13.3 telephone number : +27 083 704 8876;
13.4 website address : http://www.HairlossSA;
14. ADDRESS FOR SERVICE
14.1 The address for service for all purposes relating to these terms and conditions of use including the giving of any notice, the payment of any sum, the serving of any process, is the address set out in 13.2 and telefax number set out in 13.3.
14.2 HairlossSA shall be entitled from time to time, to vary its postal address for service to any other postal address within the Republic of South Africa, and to vary its facsimile address for service to any other facsimile number.
15.1 This agreement constitutes the sole agreement between the parties. HairlossSA shall not be bound by any express or implied term, representation, warranty, promise or the like not recorded herein. No addition to, variation of or agreed cancellation of this agreement shall be of any force or effect unless recorded in writing and accepted by HairlossSA in writing. These terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and HairlossSA in respect of the subject matter hereof. No indulgence or extension of time which either you or HairlossSA may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
15.2 HairlossSA shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms and conditions.
15.3 All provisions of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatsoever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these terms and conditions shall remain in full force and effect.
16. FORCE MAJEURE
16.1 HairlossSA shall not be held responsible for any failure on the website, the cause of which is as a result of industrial action, flood, fire, riots, civil disturbance, Telkom circuit failure, routine maintenance work, conditions where errant software code or viruses within applications, services or operating systems adversely effects normal server operation or for any other reason, beyond the reasonable control of HairlossSA.
17. GOVERNING LAW AND JURISDICTION
17.1 This Terms and Conditions of Use Agreement is governed by the laws of the Republic of South Africa. The HairlossSA website is controlled and operated by HairlossSA, a legal entity incorporated in terms of the laws of the Republic of South Africa and therefore South African law and the jurisdiction of the South African Courts shall govern any action or claim that may arise from the use or inability to use this website.
Thank you for visiting HairlossSA your privacy is important to us.
The following discloses the information gathering and dissemination practices for the HairlossSA website. (Please note that this site contains links to other sites and that HairlossSA is not responsible for the privacy practices or the content of those sites).
1. What information do we collect about you?
We may ask you to provide information on a voluntary basis and it is up to you whether you want to give us this information.
HairlossSA collects contact information (e.g., name, address, telephone number, email address, postal address etc.) during, but not limited to, registration processes and competition entries. This information allows us to provide you with access to our personalised services and communicate directly with you. This information also allows us to verify that we are communicating with you and not someone else. We use aggregated information about the use of our services to evaluate our users' preferences, improve our customer service, and enhance the user experience. We may also use aggregated information to conduct research and for our publications. HairlossSA may also use this information to contact you for the purposes of answering queries, or notification of a change to services.
If you have any financial dealings or make purchases with our trading partners on co-branded sites, they will ask for certain information. This information may be shared with us.
When you are in a section of HairlossSA and are asked for personal information, you are sharing that information with HairlossSA, its divisions and/or its third party service providers unless it is specifically stated otherwise.
Promotions that run on HairlossSA may be sponsored by companies other than HairlossSA or may be co-sponsored by HairlossSA and another company. Some, or all, data collected during a promotion may be shared with the sponsor.
On certain sections of the HairlossSA site, only persons who provide us with the requested personally identifiable information will be able to participate in the site's activities and offerings.
We may also collect certain non-personally identifiable information when you visit many of our web pages such as the type of browser you are using (e.g., Netscape, Internet Explorer), the type of operating system you are using, (e.g., Windows '95 or Mac OS) and the domain name of your Internet service provider (e.g., MWeb, Tiscali etc.).
2. What is the purpose of collecting this information?
Our primary goal in collecting personal information is to provide our users with a better online experience, including interactive communications and other services. By knowing a little about you, HairlossSA and its partners are able to deliver more relevant advertisements and content, and hence a better service to you.
To create and bring to your attention editorial material and commercial opportunities that may be of interest to you.
To enable us to conduct market research and other surveys.
HairlossSA conducts research on our users' demographics, interests and behaviour based on the information provided to us upon registration, during a promotion, from our server log files or from surveys. We do this to better understand and serve our users. This research is compiled and analysed on an aggregated basis. HairlossSA may share this aggregated data with advertisers or business partners.
To personalise your use of HairlossSA services.
You acknowledge, that in the interests of improving personalisation and service efficiency, we may, under controlled and secure circumstances, share your personal information with some of HairlossSA's affiliate companies who provide content to this portal.
Using the e-mail addresses provided when you register for various services, HairlossSA may periodically send promotional e-mail to its users about services offered by HairlossSA and its advertisers.
We may use the information you provide about yourself to fulfil your requests for our programmes and services, to respond to your inquiries about our offerings, and to offer you other programmes or services that we believe may be of interest to you.
We sometimes use this information to communicate with you, such as to notify you when you have won one of our competitions or when we make changes to our subscriber agreements or to fulfil a request by you for an online newsletter.
From time to time, we also may use information that you have provided about others to offer our programmes, or services to them.
The information we collect in connection with our online forums and communities is used to provide an interactive experience. We use this information to facilitate participation in these online forums and communities and, from time to time, to offer you programmes or services.
If you choose to submit content for publication (e.g., a "letter to our editors"), we may publish your screen name and other information you have provided to us.
We sometimes use the non-personally identifiable information that we collect to improve the design and content of our site and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyse site usage, as well as to offer you programmes or services.
We may disclose personally identifiable information in response to legal process, for example, in response to a court order or a subpoena. We may also disclose such information in response to a law enforcement agency's request.
3. How private are your details?
HairlossSA respects your privacy and is committed to protecting it.
Apart from other companies belonging to SURREAL, we only share personal information about you with third parties whom we have selected carefully and with whom we have, or may have, a commercial relationship. We comply with the relevant legal requirements and take all reasonable care to ensure that your information is secure and private and is only seen by responsible third parties. However, we cannot be held responsible for the actions of any third party who receives or obtains access to the information, nor for any breach of security.
Users should be aware that when you are on HairlossSA, you could be directed to other sites that are beyond our control. There are links to other sites from HairlossSA pages that take you outside our service, e.g. clicking on a banner advertisement. These other sites may send their own cookies to users, collect data or solicit personal information. HairlossSA does not control the privacy policies of our business partners, advertisers, sponsors or other sites to which we provide hyperlinks.
Please keep in mind that whenever you give out personal information online - for example, via message boards or chat - that information can be collected and used by people you don't know. While HairlossSA strives to protect its users' personal information and privacy, we cannot guarantee the security of any information you disclose online and you disclose this information at your own risk.
4. How we protect your information
We recognise your need for appropriate protection and management of personally identifiable information you may share with us (any information by which you can be identified, such as name, address, and telephone number).
We have put in place appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorised access, maintain data security, and correctly use the information we collect online.
The importance of security for all personally identifiable information associated with our users is of utmost concern to us. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, HairlossSA cannot ensure or warrant the security of any information you transmit to us or from our online products or services, and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems.
6. Do we use log files?
Like most standard website servers, we use log files to collect system and security-related information. This includes Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. We use this information to analyse trends, administer the site, track users' movement in the aggregate, and gather broad demographic information for aggregate use.
7. International transfer of personal data
As you will know, the Internet does not recognise national boundaries. Services on the net are accessible globally so collection and transmission of personal data is not always confined to one country. You should be aware that by using the website and those of our partners or any site we link through to, your personal data may be processed in or transferred to other countries, the UK for example, and you agree to your personal data being transferred or processed in this way.
8. Policies for individuals under 13 years of age
The HairlossSA website is targeted at an adult audience. No information should be submitted to or posted to HairlossSA by guests under 13 years of age without the consent of their parent, teacher or guardian.
Your continued use of HairlossSA following the posting of changes to these terms will indicate that you accept those changes.
10. Further information
If, at any time, you believe that HairlossSA has not adhered to these principles, please notify us by telephone at +27 083 604 8876 and we will use all commercially reasonable efforts to promptly determine and correct the problem.