1) WEBSITE TERMS AND CONDITIONS OF USE
1.1) This document sets out the terms and conditions (“Terms and Conditions”) of The Box Fashion (Pty) Ltd with registration number 2014/271386/07 (“The Box Fashion”) governing the access and use of the information, products, services and sale of products and in general the use of and functions provided on https://theboxfashion.co.za/ (“Website”).
1.2) These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”). By using the Website, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
1.3) Should you, or any person that accesses the Website, disagree with any of the Terms and Conditions, you must refrain from accessing the Website and/or using our services.
1.4) The Box Fashion reserves the right, in its sole discretion, to amend and/or replace these Terms and Conditions from time to time. Such amendments shall supersede and replace any previous Terms and Conditions and shall be made available on the Website. Each time a user accesses the Website and/or uses the services, you consent, by such access and/or use, to the Terms and Conditions, as amended and/or replaced by The Box Fashion from time to time. If you are not satisfied with the amended Terms and Conditions, you should refrain from using the Website.
1.5) If there is anything in these Terms and Conditions that you do not understand then please contact us as soon as possible on 0860 117 536. Please note that calls to us may be monitored for training, security, and quality assurance purposes.
2) CONTENT OF THE WEBSITE
2.1) The Website contains several of our current and past seasonal accessory boxes and various other products and services aimed at offering to empower the everyday South African woman. The Box Fashion is part of a group of companies which are, amongst others; Platinum Life, Nova Life, Isabella Garcia International, IPS Health and Wellness, and Besige Breintjies (“the Group Affiliates”) which enables us to provide holistic care and services to our clients, including –
2.1.1) personal care enhancements (amongst others, skincare and fashion);
2.1.2) insurance products;
2.1.3) general health and wellness products; and
2.1.4) child learning support, nurturing creativity and imagination; and overall development.
2.2)) In this way, we offer comprehensive services to our clients.
2.3) The Box Fashion reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Website and any information or content on the Website.
2.4) The Box Fashion reserves the right to change and amend the products and details quoted on the Website from time to time without notice.
2.5) The Box Fashion may use the services of third parties to provide information on the Website. The Box Fashion has no control over this information and makes no representations or warranties of any nature as to its accuracy. The user agrees that such information is provided “as is” and that The Box Fashion and its online partners shall not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever these may arise.
2.6) The Box Fashion makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website, including without limitation:
2.6.1) The Box Fashion does not warrant that the Website or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality;
2.6.2) whilst The Box Fashion has taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads, or applications available via this Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system; and
2.6.3) whilst The Box Fashion has taken reasonable measures to ensure that the content of the Website is accurate and complete, The Box Fashion 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 The Box Fashion’s representatives, The Box Fashion shall not be bound thereby.
3) LINKED THIRD PARTY WEBSITES AND THIRD PARTY CONTENT
3.1) The Box Fashion may provide links to third party websites on the Website. These links are provided to the user for convenience purposes only and The Box Fashion does not endorse such websites’ security practices and operations.
3.2) While The Box Fashion tries to provide links only to reputable websites or online partners, The Box Fashion cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of The Box Fashion. The Box Fashion is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Website.
3.3) You agree that The Box Fashion shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Website. Any dealings that you may have with any linked websites, including advertisers, found on the Website, are solely between you and the third party website.
4) USAGE RESTRICTIONS
The user hereby agrees that it shall not itself, nor through a third party:
4.1) copy, reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the Website for any reason and any manner unless it is consistent with the intent and purpose of these Terms and Conditions;
4.2) decompile, disassemble or reverse engineer any portion of the Website;
4.3) write and/or develop any derivative of the Website or any other software program based on the Website;
4.4) modify or enhance the Website. In the event of a user affecting any modifications or enhancements to the Website in breach of this clause, such modifications and enhancements shall be the property of The Box Fashion;
4.5) remove any identification, trademark, copyright or other notices from the Website; and/or
4.6) post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind.
5.1) To ensure the security and reliable operation of the services to all The Box Fashion’s users, The Box Fashion hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.
5.2) You may not utilise the Website in any manner which may compromise the security of The Box Fashion’s networks or tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should The Box Fashion suffer any damage or loss, civil damages shall be claimed by The Box Fashion against the user.
5.3) Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by The Box Fashion and its affiliates, agents and/or partners.
6) INTELLECTUAL PROPERTY RIGHTS
6.1) For the purpose of this clause, “Intellectual property rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by The Box Fashion, now or in the future, including without limitation, The Box Fashion’s rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.
6.2) All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website (“proprietary material”), are the property of, or are licensed to, The Box Fashion and as such are protected from infringement by local and international legislation and treaties.
6.3) By submitting reviews, comments and/or any other content (other than your personal information) to The Box Fashion for posting on the Website, you automatically grant The Box Fashion and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.
6.4) All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Website is granted to you.
6.5) Except with The Box Fashion’s express written permission, no proprietary material from this Website may be copied or retransmitted.
6.6) Irrespective of the existence of copyright, the user acknowledges that The Box Fashion is the proprietor of all material on the Website (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.
6.7) The Box Fashion authorises you only to view, copy, temporarily download to a local drive and to print the content of this Website, or any part thereof, provided that such content is used for personal purposes and information purposes only, and such content is used for non-commercial purposes.
7) RISK, LIMITATION OF LIABILITY AND INDEMNITY
7.1) The user’s use of this website and the information contained on the website is entirely at the user’s own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.
7.2) The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall The Box Fashion be liable for any loss, harm, or damage suffered by the user as a result thereof. The Box Fashion reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should The Box Fashion deem it necessary.
7.3) To the extent permissible by law:
7.3.1) Neither The Box Fashion, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the website or any functionality thereof, or the information contained on the website, or of any linked website, even if The Box Fashion knows or should reasonably have known or is expressly advised thereof.
7.3.2) The liability of The Box Fashion for faulty execution of the website as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the website shall be limited to The Box Fashion rectifying the malfunction, within a reasonable time and free of charge, provided that The Box Fashion is notified immediately of the damage or faulty execution of the website. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the website without the prior written approval of The Box Fashion. However, in no event shall The Box Fashion be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.
7.3.3) You hereby unconditionally and irrevocably indemnify The Box Fashion and agree to hold The Box Fashion free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by The Box Fashion or instituted against The Box Fashion as a direct or indirect result of:
18.104.22.168)) your use of the website and/or any linked third party website;
22.214.171.124)) software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of The Box Fashion;
126.96.36.199)) your failure to comply with any of the terms or any other requirements which The Box Fashion may impose from time to time;
188.8.131.52)) the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
184.108.40.206)) any unavailability of, or interruption in, the service which is beyond the control of The Box Fashion.
7.4) The Box Fashion makes no warranty or representation as to the availability, accuracy or completeness of the content of the website. You expressly waive and renounce all your rights of whatever nature that you may have against The Box Fashion for any LOSS suffered by you, as a result of information supplied by The Box Fashion being incorrect, incomplete or inaccurate.
8.3) You expressly consent to us collecting and processing your personal information when using this Website and using our services.
9) ELECTRONIC COMMUNICATIONS
10) COMPLIANCE WITH SECTION 43(1) OF ECT ACT
10.1) In compliance with section 43(1) of the ECT Act, the following is noted:
10.2) Full name:) The Box Fashion (Pty) Ltd
10.3) Registration number:) 2014/271386/07
10.4) Physical address:)) 8B Rivonia Road (Cnr Rivonia Road & Central) Ave), Illovo, 2196
10.5) Telephone number:) 0860 117 536
10.6) Website address:)) www.theboxfashion.co.za
10.7) E-mail address:)) email@example.com
10.8) Names of office bearer:) Francine Solms (Manager)
10.9) Registered at:) 8B Rivonia Road (Cnr Rivonia Road & Central) Ave), Illovo, 2196
11) COMPLIANCE WITH LAWS
You shall comply with all applicable laws, statutes, ordinances and regulations pertaining to your use of and access to this Website.
12.1) The Box Fashion chooses as its domicilium citandi et executandi (“Domicilium“) the address set out in clause 10 above for all purposes relating to these Terms and Conditions, including the giving of any notice and the serving of any process.
12.2) Except as explicitly stated otherwise, any notices shall be given by email to firstname.lastname@example.org (in the case of The Box Fashion) or to the e-mail address you have provided to The Box Fashion (in your case), or such other address that has been specified. Notice shall be deemed given 48 (forty-eight) hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, The Box Fashion may give you notice by registered mail, postage prepaid and return receipt requested, to the address which you have provided to The Box Fashion. In such case, notice shall be deemed given 7 (seven) days after the date of mailing. You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms and Conditions may be given via electronic means and that such communications shall be “in writing”. Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.
13) GENERAL CLAUSES
13.1) These Terms and Conditions shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within South Africa.
13.2) 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.
13.3) This Website is controlled, operated and administered by The Box Fashion from its offices within the Republic of South Africa. The Box Fashion makes no representation that the content of the Website is appropriate or available for use outside of South Africa. Access to the Website from territories or countries where the content of the Website is illegal is prohibited. Users may not use this Website in violation of South African export laws and regulations. If the user accesses this Website from locations outside of South Africa, that user is responsible for compliance with all local laws.
13.4) The Box Fashion does not guarantee continuous, uninterrupted or secure access to our services, as the operation of our Website may be interfered with as a result of a number of factors which are outside of our control.
13.5) If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and Conditions and the remaining provisions shall be enforced to the full extent of the law.
13.6) The Box Fashion’s failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
13.7) You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms and Conditions to any third party without the prior written consent of The Box Fashion.
13.8) No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
13.9) The headnotes to the paragraphs to these Terms and Conditions are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
13.10) Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.
13.11) These Terms and Conditions set forth the entire understanding and agreement between The Box Fashion and you with respect to the subject matter hereof and no other warranty or undertaking is valid unless contained in this agreement.