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Terms and conditions

TERMS AND CONDITIONS OF USE

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  1. INTRODUCTION
    • This website can be accessed at www.haircentralplatform.co.za / webapp.haircentralplatform.com (the “Website”) and is owned and operated by The Hair Central Platform (Pty) Ltd (“HCP”, “we“, “our“, or “us“).
    • These Website terms and conditions (“Terms and Conditions”) govern the use of the Website.
    • These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers or creates a user account as contemplated below. By using the Website and registering/creating a user account, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
    • When you use our Website, notwithstanding your geographic location, you do so in accordance with these Terms and Conditions.
    • If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to HCP to explain it to you before you accept the Terms and Conditions or continue using the Website.
    • HCP permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
  2. SERVICES
    • HCP provides you with access to a variety of resources, including but not limited to download areas, communication forums and product information (the “Services“).
    • The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (“Communication Services“). You agree to use the Communication Services only to post, send and/or receive messages and material that is proper and in strict compliance with these terms and conditions.
    • HCP strongly advises that caution is used when giving out any personally identifiable information in any Communication Services. We do not control and/or endorse the content, messages and/or information found in any Communication Services and, therefore, we shall not be liable for any actions resulting from your participation in any Communication Services.
  3. REGISTRATION AND USE OF THE WEBSITE
    • When you register or create an account on the Website, you agree to provide accurate, current, and complete information and to keep such information updated. You are solely responsible for maintaining the confidentiality of your account credentials (such as username and password) and for all activities that occur under your account.
    • You agree to notify HCP immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
    • By using the Website, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
    • You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised HCP representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
    • You may not use the Website to distribute material, which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
    • You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised HCP representative.
  4. PRIVACY POLICY
    • We respect your privacy and will take all reasonable measures to protect it, as more fully detailed in our (“Terms and Conditions”), which is incorporated by reference.
  5. CHANGES TO THESE TERMS AND CONDITIONS
    • HCP may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not in any other way use the Website.
    • Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
  6. ELECTRONIC COMMUNICATIONS
    • When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy as set out in clause 4 above.
  7. OWNERSHIP AND COPYRIGHT
    • The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of HCP, its advertisers and/or sponsors and/or is licensed to HCP.
    • You will not acquire any right, title or interest in or to the Website or the Website Content.
    • Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us via email at info@haircentralplatform.com
    • Where any of the Website Content has been licensed to HCP or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time, and you agree to comply with such third-party terms and conditions.
  8. DISCLAIMER
    • 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.
    • Whilst HCP takes reasonable measures to ensure that the content of the Website is accurate and complete, HCP 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. If any such representations or warranties are made by HCP’s representatives, HCP shall not be bound thereby.
    • HCP disclaims liability for any damage, loss or expenses, 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.
    • Any views or statements made or expressed on the Website are not necessarily the views of HCP, its directors, employees and/or agents.
    • In addition to the disclaimers contained elsewhere in these Terms and Conditions:
      • HCP 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 HCP, its employees, agents or authorised representatives. HCP 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.
  9. LIMITATION OF LIABILITY
    • HCP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED ON THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE.
    • YOU HEREBY INDEMNIFY HCP AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE.
  10. AVAILABILITY AND TERMINATION
    • We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.HCP may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that HCP will not be liable to you in the event that it chooses to suspend, modify or terminate this Website.
    • If you fail to comply with your obligations under these Terms and Conditions, 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.
    • HCP is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles, to blacklist you on its database (including suspending or terminating your access to the Website), on notice to you. HCP accepts no liability which may arise as a result of such blacklisting.
    • At any time, you can choose to stop using the Website, with or without notice to HCP.
  11. GOVERNING LAW AND JURISDICTION 
    • 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.
    • Nothing in this clause 10 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction.
  12. NOTICES
    • HCP hereby selects Postnet suite 101 Pvt Bag x12, Rooseveldt Park, 2195, Johannesburg, South Africa as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions. HCP may change this address from time to time by updating these Terms and Conditions.
    • You hereby select the delivery address specified with your user account as your legal address, but you may change it to any other physical address by giving HCP not less than 7 (seven) days’ notice in writing.
    • Notices must be sent either by hand, prepaid registered post, or email and must be in English. All notices sent –
      • by hand will be deemed to have been received on the date of delivery;
      • by prepaid registered post, will be deemed to have been received 10 (ten) days after the date of posting; and
      • by email will be deemed to have been on the date indicated in the “Read Receipt” notification. All email communications between you and us must make use of the “Read Receipt” function to serve as proof that an email has been received.
  13. GENERAL
    • HCP may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website 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 may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
    • Any failure on the part of you or HCP to enforce any right in terms hereof shall not constitute a waiver of that right.
    • If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
    • 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.
    • 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.
    • These Terms and Conditions contain the whole agreement between you and HCP, and no other warranty or undertaking is valid, unless contained in this document between the parties.