TERMS & CONDITIONS

1. Definitions

Under these terms and conditions, except in a context indicating that some other meaning is intended:

  • Website means Aretha Bauwens (Pty) Ltd’s website: arethabauwens.com
  • Users are all people using the website;
  • Expressions in the singular also denote the plural, and vice versa;
  • Words and phrases denoting natural persons refer also to juristic persons, and vice versa;
  • Pronouns of any gender include corresponding pronouns of the other gender; and;
  • Headings will not be treated as forming part of these Terms, as they are are for convenience or reference only.

2. Purpose

Aretha Bauwens (Pty) Ltd operates a website which allows its users to view Aretha Bauwens (Pty) Ltd’s products, order them online and access specific services. Your acceptance of these terms and conditions or your continued use of the website means that you accept the present terms and conditions and consent to be bound by them, as may be amended from time to time. The most recent version of these terms and conditions is available on arethabauwens.com/terms.

3. Services

The website provides the following products or services to its users:

  • View Aretha Bauwens (Pty) Ltd’s products
  • Order them online from Aretha Bauwens (Pty) Ltd’s website
  • Receive advise on the above products or services

4. Protection of Personal Information Act, 2013

Aretha Bauwens (Pty) Ltd is committed to protecting your privacy. The website may collect unidentified information about your visit, such as the date and time you used the website, the IP address through which you accessed the website, the page(s) you accessed prior or while at the website, or the internet address of the website from which you linked to the website.

The information collected is only used to fulfil the services, improve customer experience, enhance interaction with users, analyse trends and administer the website. Records of personal information will be retained for as long as it is necessary to fulfil the purpose of the collection or for proof thereof, statistical or research purposes.

Aretha Bauwens (Pty) Ltd strictly complies with the Protection of Personal Information Act, 2013. As responsible party and by making use of either automated or non-automated means, the website collects personal information which are part of a filing system. The personal information that the website collects and stores on a registry is solely the one that you provided through the use of the website.

5. Personal information

Whenever provided by you, the website may collect the following identifiable and personal information about you:

  • your title, name and surname
  • your physical address
  • your work address
  • your telephone number
  • your email address

By agreeing to these terms and conditions or using the website or services, you expressly consent to the processing of your personal information and further acknowledge that this processing is necessary for the conclusion or the performance of the services. Aretha Bauwens (Pty) Ltd will not process your personal information for the purposes of marketing or promoting third party services or products to you. You acknowledge that this processing serves or protects a legitimate interest of yours.

You understand that you are the only source of personal information from which Aretha Bauwens (Pty) Ltd obtains the information which is necessary to fulfil the services. Aretha Bauwens (Pty) Ltd does not collect personal information about you from another source. You also consent to the transfer and/or process of your personal information in a country or by a third party outside South Africa should it be required for the fulfilment of the services and the purpose for which they are used.

6. Rights

As data subject from which personal information is directly collected, you have the right to access that personal information and be notified if your personal information has been accessed or acquired by an unauthorised person. You may also correct or amend the personal information that you have provided in error through the website. Should you be of the view that Aretha Bauwens (Pty) Ltd owner does not abide by the Protection of Personal Information Act, 2013, you may lodge a complaint in writing with the Information Regulator or institute civil proceedings against Aretha Bauwens (Pty) Ltd.

7. Security safeguards

The Information Regulator will be immediately informed of any unauthorised access to your personal information. Aretha Bauwens (Pty) Ltd will also inform you of the identity of the unauthorised third party whenever it is possible or provide a description of the measures it took to find out who that third party was.

8. As responsible party, the address of Aretha Bauwens (Pty) Ltd is:

Aretha Bauwens (Pty) Ltd
50 Buiten Kant Street
Cape Town, 8000
mb@arethabauwens.com

9. Unlawful or prohibited use

As a condition of your use of the website or services, you agree not to use the latter for any purpose that is unlawful or prohibited by these terms. You may not use the website or services in any way that could damage, disable, overburden or impair Aretha Bauwens (Pty) Ltd’s server(s) or the network(s) connected to those server(s), or interfere with any other party’s use or enjoyment of the website or services.

You may not attempt to gain unauthorised access to the website or services, accounts, computer systems or networks connected to Aretha Bauwens (Pty) Ltd’s server(s), through hacking, password mining or other means. You may not obtain or attempt to obtain any materials or information through any means which were not intentionally made available through Aretha Bauwens (Pty) Ltd’s website or services.

By way of example, and not as a limitation, you agree not to:

  • Sell or resell information obtained from the website or services
  • Use the services in connection with junk email, spamming or unsolicited message
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of other users
  • Sell or resell the services themselves
  • Publish, post, upload, or disseminate any inappropriate, defamatory, obscene or unlawful material or information
  • Use any material or information, including images or photographs, which are made available through the website or services in any way that infringes any copyright, trademark, patent, or other proprietary right of any party
  • Upload files that contain viruses, Trojan horses, worms, or any other similar software that may damage the operation of another’s computer
  • Restrict or inhibit any other user or member from using and enjoying the website or services
  • Harvest or otherwise collect any information about other users or members, including email addresses
  • Publish, post or upload files that contain images, photographs, lines of code, software or material protected by intellectual property laws, including, but not limited to, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same
  • Aretha Bauwens (Pty) Ltd reserves the right to review the materials posted on its website and remove any material in its sole discretion. It also reserves the right to terminate your access to the website or services at any time, without notice and without compensation, should you have violated these terms.

10. Copyright & Trade Mark

Aretha Bauwens (Pty) Ltd retains copyright in the website and all current and future content displayed on the website which is not owned by third parties. The website and its contents may not be reproduced, duplicated, copied, resold or otherwise used for any purpose without the express prior written consent of Aretha Bauwens (Pty) Ltd.

Aretha Bauwens is a registered Trade Mark in South Africa.

11. Cookies

The website uses Google Analytics to analyse how visitors or members use its website. Google Analytics uses “cookies”, which are small text files placed on your computer, to collect standard internet log information and visitor behaviour information in an anonymous way. The anonymous information generated by Google Analytics cookies about your use of the website (including your IP address) is transmitted to Google. This information is then processed to compile statistical reports on website activity for Aretha Bauwens (Pty) Ltd only. No personally identifiable information is collected about you unless you explicitly submit that information via a form on the website.

12. Choice of law

These terms are governed by the laws of the Republic of South Africa, and users consent to the jurisdiction of the High Court in Cape Town in the event of any dispute.

13. Exclusion of liability

You expressly agree that the use of the website or services is entirely at your own risk. The latter are provided on an “as is” basis, and Aretha Bauwens (Pty) Ltd makes no representations or warranties of any kind, whether express or implied, as to their accuracy.

The services, including any updates, enhancements, new features, and/or the addition of the website, are subject to these terms. You must ensure that the information you submit to Aretha Bauwens (Pty) Ltd is complete, accurate, updated and not misleading. Aretha Bauwens (Pty) Ltd shall not be liable for any loss or damage, whether direct, indirect or consequential, or any expense of any nature whatsoever, which may be suffered by a user, which arises directly or indirectly from reliance on the website or its services provided.

Aretha Bauwens (Pty) Ltd does not warrant that the website or its services will be uninterrupted, error-free or that the website or its server(s) will be at all time free from viruses or other harmful components. Aretha Bauwens (Pty) Ltd shall not be responsible for any direct or indirect damage of any kind whatsoever suffered or incurred by you in relation to your use of, or your inability to access or use the website, its services or any functionality of the website or of any linked website, even where Aretha Bauwens (Pty) Ltd is expressly advised thereof. You indemnify Aretha Bauwens (Pty) Ltd from and against any loss or damage suffered or liability incurred your use of the website or its services.

Return of products is subject to Aretha Bauwens (Pty) Ltd’s return policy.

16. Severability

Should a provision of these terms be or become illegal, invalid or unenforceable, that shall not affect the validity or enforceability of any other provision of these terms.