WEBSITE TERMS & CONDITIONS
THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE ENVIRON WEBSITE 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 WEBSITE NOW, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.
DEFINITIONS AND INTERPRETATION
a) “Environ” means the Environ web site located at www.environskincare.com and includes any part or element thereof;
b) “User” means any person who enters or uses the Environ Skin Care website, notwithstanding the fact that such a person only visited the home page of the Environ web site;
c) References herein to the singular includes the plural and vice versa; and
d) 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. GENERAL
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.
2. ALLOWED USE AND LICENCE
2.1 Environ Skin Care licenses the User to view, download and print the content of the Environ Skin Care website, provided that such content is used for personal, educational and/or non-commercial purposes only.
2.2 Content from the Environ Skin Care web site shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of Environ Skin Care.
2.3 Users may only access and use the Environ Skin Care website for legal purposes.
2.4 If any User uses content from the Environ Skin Care website is in breach of the provisions detailed herein:
2.4.1 Environ Skin Care reserves the right to claim damages from the User;
2.4.2 Environ Skin Care reserves the right to institute criminal proceedings against the User; and
2.4.3 Environ Skin Care 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.
2.5 Generic Term Hyperlinks to the Environ Skin Care website from any other source shall be directed at the home page of the Environ Skin Care website. Links for authorised Environ Skin Care Distributors will be directed to the home page. Product Specific links will lead to their relevant product page. Environ Skin Care shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the Environ Skin Care website, if such content was accessed through a hyperlink not directed at the home page of the Environ Skin Care website. Persons that wish to link to content beyond the home page of the Environ Skin Care website shall do so at their own risk and indemnify Environ Skin Care against any loss, liability or damage that may result from the use of content from the Environ Skin Care website, if such content was accessed through a hyperlink not directed at the home page of the Environ Skin Care website. Environ Skin Care’s non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.
2.6 Users may quote small and reasonable portions of content available from the Environ Skin Care website only if such quote is placed in inverted commas and its origin acknowledged.
2.7 No person may frame (frame – referring to iframe or ajax. Website not to be viewed on any other domain except on the domain that it is hosted) the Environ Skin Care website, in any manner whatsoever, without the prior written consent of Environ Skin Care.
2.8 Apart from bona-fide search engine operators and use of the search facility provided on the Environ Skin Care website 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 Skin Care website for any purposes, without the prior written consent of Environ Skin Care.
2.9 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 Skin Care at any time without giving reasons therefore.
3. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE
3.1 All intellectual property on the Environ Skin Care website, 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 Skin Care website are expressly reserved.
3.2 “Environ”, “Environ + Japanese Equivalent” “Environ Alpha” ‘’Environ Essentia Oil Logo’’, ‘’Environ Gel’’, ‘’Environ Skin Care’’, ‘’Environ Systems Logo”, “Environ Cool Peel”, ‘’Environ Cosmeceutics Deutschland & Device’’, “Environ/Lactogel”, ‘’Environ Cream Logo’’, “Environ Ionzyme C-quence” “Environ Pharma”, “Environ/Clear Skin”, “Cosmeceutics + Japanese Equivalent”, ‘’Environ Logo’’, “Evenescence”, “Environ Cosmeceutics logo”, “Environ Enforce”, “Environ Endure”, “Environ Enrich”, “Environ Enhance”, “Environ Encourage”, “AVST”, “Circles device (color) (Environ)”, “Environ Colour logo (colour)”, “Environ Flash”, “Environflash”, “Flash Bar”, “Radical Defence + Japanese Equivalent”, “Sono DFP312”, “Avance DFP312”, “Après-Cit”, “Dermalac”, “Derma-lac”, “Environ Derma-lac”, “Environ/Ionzyme”, ‘’Ionzyme’’, “Ionzyme Focus”, “Ionzyme + Japanese Equivalent”, “Cit”, “The Science of Loving Your Skin”, “Skinsymphony”, “Focus-Cit”, “Advanced Vitamin Skin Therapy”, “Vitamin Step-Up System 5 hexagon logo”, “Body Profile + Japanese Equivalent”, “Colost Gel + Japanese Equivalent”, “Environ/Serum CA + Japanese Equivalent”, “Alpha Toner + Japanese Equivalent”, “Environ logo mark”, “Flower Device (Environ) (2010)”, “DF Device (Des Fernades)”, “Step Up System”, “Vireen 4”, “Environ Revival Masque”, “Revival Masque”, “A+ Complex logo”, “Pro Advance + Japanese Equivalent”, A-Boost + Japanese Equivalent”, ‘’C-Boost’’, “C-Quence”, “C-Quel”, ‘’Masque Citrique’’, ‘’Masque Crystal’’, “Envirocol”, "Alpha Logo", “LACPAM + Japanese Equivalent”, “Claytech + Japanese Equivalent”, “C-quence + Japanese Equivalent”, “Alginate + Japanese Equivalent”, “Dermalac + Japanese Equivalent”, “A Care in Japanese Characters”, Cell-C-Lift + Japanese Equivalent “Pigment Match+ and Japanese Equivalent”, “Moisture Ace Oil”, “Moisture Ace Oil in Japanese characters”, "Environ - A Beautiful Skin for a Lifetime", "Roll-Cit", “Environ Even More Cover+”, “TGFβ03e”, “Environ Even More Hydra+”, “Even More Cover+”, “Even More Hydra+”, ‘’RAD”, “RAD Shield” and ‘’EssentiA’’ are registered trademarks.
“Focus Care Comfort+”, “Focus Care Moisture+”, “Focus Care Radiance+”, “Focus Care Youth+”, and “Focus Care Masque + Japanese Equivalent” trademarks are pending registration. Users agree not to use any pending or registered trademarks 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. 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 Skin Care website.
5. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
Access to the services, content, software and content downloads available from the Environ Skin Care website 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 Skin Care has the duty to disclose the following information:
5.1 The full name and legal status of the website owner: Environ Skin Care (Pty) Ltd.;
5.2 Street address: 14 Jan Smuts Road, Beaconvale, Parow, 7500, Cape Town, South Africa
5.3 Postal address: PO Box 233, Parow, 7499,
5.4 Physical address for receipt of legal service: 14 Jan Smuts Road, Beaconvale, Parow, 7500, Cape Town, South Africa
5.5 Main business: Environ Skin Care (Pty) Ltd manufactures and distribute its range of skincare products and equipment. Environ Skin Care (Pty) Ltd distributes its products and equipment both locally in South Africa and internationally, currently in 36 countries;
5.6 The website address of the Environ Skin Care website is: http://environskincare.com;
5.7 The contact e-mail address is dependent on the country the Users wishes to contact. A full list can be found here: http://environskincare.com/contact-us/
5.8 Membership of self-regulatory or accreditation bodies: Environ Skin Care (Pty) Ltd 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 Skin Care (Pty) Ltd also won a years membership of the Proudly South African Association in 2003;
5.9 Codes of conduct to which the Environ Skin Care website subscribes: Environ subscribes to the codes of conduct of CTFA, which abides by the code of conduct of COLIPA;
5.10 The costs associated with the access and use of the Environ Skin Care website are as follows: free access;
5.11 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
5.11.1 Access to the Environ Skin Care website;
5.11.2 The inability to access the Environ Skin Care website;
5.11.3 The services and content available from the Environ Skin Care website; or
5.11.4 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 website: http://www.arbitration.co.za;
5.12 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 website; and
5.13 Users may lodge complaints concerning the Environ Skin Care website with Environ Skin Care (Pty) Ltd via http://environskincare.com/contact-us/
6. CHANGES AND AMENDMENTS
Environ Skin Care (Pty) Ltd 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 Skin Care website;
6.3 Discontinue any aspect of the Environ Skin Care website or service(s) available from the Environ Skin Care website; and/or
6.4 Change the software and hardware required to access and use the Environ Skin Care website.
7. PRIVACY
7.1 Environ Skin Care (Pty) Ltd 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 Act No. 4 of 2013: Protection of Personal Information Act, 2013. The act may be downloaded from: http://www.cao.ac.za/download/POPI_2013-004.pdf
7.2 Environ Skin Care (Pty) Ltd 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 Skin Care (Pty) Ltd collects, stores and uses the above mentioned 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 Skin Care website.
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 Skin Care (Pty) Ltd may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
7.6.1 Environ Skin Care (Pty) Ltd shall not disclose personal information from Users unless the User consents thereto;
7.6.2 Environ Skin Care (Pty) Ltd shall disclose information without the User’s consent only through due legal process; and
7.6.3 Environ Skin Care (Pty) Ltd may compile, use and share any information that does not relate to any specific individual.
7.7 Environ Skin Care (Pty) Ltd owns and retains all rights to non-personal statistical information collected and compiled by Environ Skin Care (Pty) Ltd
8. HYPERLINKS TO THIRD PARTY SITES
8.1 Environ Skin Care (Pty) Ltd may provide hyperlinks to websites not controlled by them (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 Skin Care (Pty) Ltd 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. SECURITY
9.1 Environ Skin Care (Pty) Ltd shall take all reasonable steps to secure the content of the Environ Skin Care website and the information provided by and collected from Users from unauthorised access and/or disclosure. However, Environ Skin Care (Pty) Ltd does not make any warranties or representations that content shall be 100% safe and secure;
9.2 Environ Skin Care (Pty) Ltd is under no legal duty to encrypt any content or communications from and to the Environ Skin Care website and is also under no legal duty to provide digital authentication of any page on the Environ Skin Care website;
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 Skin Care website or the server and computer network that support the Environ Skin Care website.
9.4 Notwithstanding criminal prosecution, any person who delivers any damaging code to the Environ Skin Care website, whether on purpose or negligently, shall, without any limitation, indemnify and hold Environ harmless against any and all liability, damages and losses Environ Skin Care (Pty) Ltd 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 Skin Care (Pty) Ltd 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 Skin Care (Pty) Ltd and its partners / affiliates.
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 Skin Care (Pty) Ltd (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 Skin Care website;
10.1.2 Access to websites linked to the Environ Skin Care website;
10.1.3 Inability to access the Environ Skin Care website;
10.1.4 Inability to access websites linked to the Environ Skin Care website;
10.1.5 Content available on the Environ Skin Care website;
10.1.6 Services available from the Environ Skin Care website;
10.1.7 Downloads and use of content from the Environ Skin Care website;
10.1.8 Any other reason not directly related to Environ Skin Care (Pty) Ltd’s gross negligence.
10.2 The Environ Skin Care website 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 Skin Care website 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 Skin Care website should not be regarded as professional advice or the official opinion of Environ Skin Care (Pty) Ltd 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 Skin Care website.
10.4 Environ Skin Care (Pty) Ltd does not make any warranties or representation that content and services available from the Environ Skin Care website will in all cases be true, correct or free from any errors. Environ Skin Care (Pty) Ltd shall take all reasonable steps to ensure the quality and accuracy of content available from the Environ Skin Care website.
10.5 Environ Skin Care (Pty) Ltd does not make any warranties or representations that the Environ website shall be available at all times. Users acknowledge that the Environ Skin Care website 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”.
11. REMOVAL AND CORRECTION OF CONTENT
11. Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the Environ Skin Care website to Environ Skin Care (Pty) Ltd and Environ Skin Care (Pty) Ltd 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.
12. INTERCEPTION OF COMMUNICATIONS
12.1 Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to Environ Skin Care (Pty) Ltd’s right to intercept, block, filter, read, delete, disclose and use all communications sent or posted by the User to the Environ Skin Care website, its staff and employees; and
12.2 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.
13. ENTIRE AGREEMENT AND SEVERABILITY
13.1 Subject to the provisions of the Content Use Licence, these terms and conditions constitute the entire agreement between Environ Skin Care (Pty) Ltd and the User and shall take precedence over any disclaimers and/or legal notices attached to any communications and/or postings received by Environ Skin Care (Pty) Ltd from the User.
13.2 Any failure by Environ Skin Care (Pty) Ltd to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
13.3 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.
14. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT
The User and Environ Skin Care (Pty) Ltd agree that:
14.1 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 Skin Care website for the first time or immediately after the User indicated consent as required in Content Use Agreement;
14.2 Data messages (as defined in the ECT Act) addressed by the User to Environ Skin Care (Pty) Ltd shall only be deemed to have been received if and when responded to;
14.3 Data messages (as defined in the ECT Act) addressed to the User by Environ Skin Care (Pty) Ltd shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;
14.4 Data messages (as defined in the ECT Act) addressed by the User to Environ Skin Care (Pty) Ltd shall be deemed to have been created and sent by the User from within the geographical boundaries of South Africa;
14.5 Electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and Environ Skin Care (Pty) Ltd; and
14.6 The User agrees and warrants that data messages that are sent to Environ Skin Care (Pty) Ltd 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.
15. APPLICABLE AND GOVERNING LAW
Subject to clause 5.13, the Environ Skin Care website 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 Skin Care website, its content, services and these terms and conditions.
16. LEGAL COSTS
Environ Skin Care (Pty) Ltd 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
