Aloe Unique strives to make every customer interaction a pleasure by ensuring that we fulfil our duties and obligations to every single one of our valued customers.
The terms “user”, “you” and “your” are used interchangeably in these Terms and refer to all persons accessing the Website for any reason whatsoever, including each user who registers on the website as contemplated below:
INTRODUCTION AND THE SERVICES
- Aloe Unique provides an online information and shopping platform (“Store”) which enables users to find out more about Aloe Unique and its products, as well purchase high quality products from Aloe Unique who owns and sells the various products showcased on the Website from time to time.
- In order to use the Website to buy any Aloe Unique product (“the Product”), users must successfully register and stay registered on the Website.
- Your continued access or use of the Website constitutes your acceptance to be bound by these Terms, as may be amended from time to time without notice. This is why a user is required to confirm acceptance of these terms each time a user enters our website. Please contact email@example.com for further information on any of the Terms
- Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence. You must not use this Website for any illegal activity or if you do not agree to the Terms.
- 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.
USER REGISTRATION PROCESS
- In order to use certain features of the Website, you must complete the registration process detailed on the Website. Each user shall have only one (1) account and agrees to provide accurate, current and complete information during the registration process and to update such information as and when it changes.
- To protect your privacy and security, the Website takes all reasonable steps to verify your identity by requiring a password and username/ID before granting access to your profile and data. To view or change your personal information provided, you can use the “my account” function on the Website.
- By entering your personal information on the Website, Aloe Unique is entitled to assume that the person using the Website is you. You are responsible for your account and you should not share your log-in details or password with anyone.
- You agree to enter the correct username and password whenever ordering Product on the Website, failing which you will be denied access. This is done for security purposes.
- You agree to notify Aloe Unique immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your account, username and password and to take steps to mitigate any resultant loss or harm.
- Aloe Unique may require you to submit your full name, physical address, e-mail address, phone number, and PayFast account information upon registration for the Website for any legally allowed or mandates purposes.
- Without prejudice to any of Aloe Unique’s other rights (whether at law or otherwise), Aloe Unique reserves the right to deny you access to the Website where Aloe Unique believes (in its reasonable discretion) that you are in breach of any of these Terms.
- Aloe Unique does not guarantee that the Website, or any portion thereof, will function on any particular hardware or device.
1. All rights in and to the content of the Website remain at all times expressly reserved by Aloe Unique.
2. All material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs, copyright and/or service marks (as well as the organisation and layout of the Website) together with the underlying software code (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by Aloe Unique, its members, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
3. Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Website are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, graphics or other material on the Website or the underlying software code whether in whole or in part, without the written consent of Aloe Unique first being granted, which consent may be refused at the discretion of Aloe Unique. No modification of any intellectual property or editorial content or graphics is permitted.
4. Aloe Unique reserves the right to make improvements or changes to the intellectual property, information, artwork, graphics and other materials on the Website, or to suspend or terminate the Website, at any time without notice; provided that any transactions already concluded through the Website will not be affected by such suspension or termination (as the case may be).
5. Where any of the Website intellectual property has been licensed to Aloe Unique or belongs to any third party, all 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.
6. Any enquiries regarding any of the above relating to intellectual property must be directed to Aloe Unique at firstname.lastname@example.org
ADVERTISING & SPONSORSHIP
1. The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the Website complies with all applicable laws and regulations.
- Aloe Unique, its members, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
- The Website, including any intellectual property appearing therein, is provided “as is” and “as available”. Aloe Unique makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Website or the information contained in it.
- All information or opinions of users made available on the Website in relation to any of the services or Products are those of the authors and not Aloe Unique. While Aloe Unique makes every reasonable effort to present such information accurately and reliably on the Website, Aloe Unique does not endorse, approve or certify such information, nor guarantee the accuracy or completeness of such information on the Website
- Aloe Unique, its members, employees and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the Website and/or transactions or actions resulting therefrom
- Aloe Unique, its members, employees, partners and affiliates, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation of sales, the Product, access to, or use of, the Website in any manner
- Aloe Unique takes reasonable security measures to ensure the safety and integrity of the Website and to exclude viruses, unlawful monitoring and/or access from the Website. However, Aloe Unique does not warrant or represent that your access to the Website will be uninterrupted or error free or that any information, data, content, software or other material accessible through the Website will be free of bugs, viruses, worms, trojan horses or other harmful components. The user’s access to and use of the Website remains solely at the user’s own risk and the user should take their own precautions accordingly
USE OF PERSONAL INFORMATION AND PRIVACY
Should you decide to register with or function as a user on the Website, Aloe Unique may need to collect, collate, process, and use the following types of information about you when you use the Website (“personal information”):
– Information provided by the user.
Aloe Unique collects personal information (that is information about the user that is personally identifiable like the user’s name, address, age, gender, e-mail address, phone number(s) and other unique information such as user IDs and passwords, banking/accounting/PayFast account information, product and service preferences and contact preferences that are not otherwise publicly available); and
– Information that is collected automatically.
Aloe Unique receives and stores information which is transmitted automatically from the user’s computer when the user accesses the Website. This information includes information from cookies (which are described in more detail below), the user’s Internet
Protocol (“IP ”) address, browser type, web beacons, geo-locationary information, embedded web links, and other commonly used information-gathering tools. These tools collect certain standard information that your browser sends to the Website such as your browser type and language, access times, and the address from which you arrived at the website
2. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update it. Aloe Unique is however under no obligation to ensure that your personal information or other information supplied by you is correct.
3. You warrant that the personal information disclosed to Aloe Unique is directly from you as the user/customer/merchant/another user on the Website and all such personal information is lawfully yours to provide.
4. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and, generally, not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
5. Any processing of your personal information will be reservedly for our legally allowed and legitimate business purposes and as a necessary function of your engagement with the Website, or our Products, and you have consented to this, but we will not, without your express consent:
5.1. Use your personal information for any purpose other than as set out below:
* in relation to the ordering, sale, and delivery of Product;
* to contact you regarding current or new Products or services or any other Product offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us, possible through the same contact);
* to inform you of new features, special offers, and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us, possible through same correspondence); and
* to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; or
5.2. disclose your personal information to any third party other than as set out below:
* to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Product or when delivering Product to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
* to our divisions &/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new Product or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us, possible through correspondence with us);
* to law enforcement, government officials, fraud detection agencies, or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity or the contravention of applicable law, or to investigate violations of these Terms and/or the Website’s other Policies;
* to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us, not for their own benefit, and under the same standards as how we operate; and
* to our suppliers in order for them to liaise directly with you regarding any faulty Product you have purchased which requires their involvement.
6. We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of a court, or legal process served on us, or to protect and defend our rights or property. In the event of fraudulent online payment, Aloe Unique is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
7. We will ensure that all of our employees, third-party service providers, divisions, and partners having access to your personal information are bound by appropriate and legally binding confidentiality obligations and process your personal information at standards equal to or higher than Aloe Unique’s in relation to your personal information.
8. Aloe Unique will:
* treat your personal information as strictly confidential, save where we are entitled to share it as set out in these Terms;
* take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure, or access;
* provide you with reasonable access to your personal information to view and/or update personal details; promptly notify you if we become aware of any unauthorised use, disclosure, or processing of your personal information;
* provide you with reasonable evidence of our compliance with our obligations under these Terms on reasonable notice and request; and
* upon your request, promptly correct, return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged or entitled to retain (acknowledging that some Website functionality might be lost if certain personal information is amended or destroyed).
9. We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
10. Aloe Unique undertakes never to sell or make your personal information available to any third party other than as provided for in these Terms.
11. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
13. This Website may make use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s ongoing access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools.
– Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited.
– If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of these Terms and the Website’s other Policies.
14. The user is entitled to request access to any relevant personal data held by Aloe Unique and where such access is necessary for you to exercise and/or protect any of the user’s rights.
USE & DISCLOSURE OF INFORMATION
- If you have opted to receive e-mails from Aloe Unique, your email address will be used to contact you from time to time and may also use it for security reasons to confirm your identity.
- Aloe Unique agrees not to use the users’ provided electronic mail address in any manner that users do not consent to nor alert any other parties of the users’ address without the user’s consent.
- You have the right to opt out of receiving electronic mail communication by following the directions posted on every electronic mail communication.
- Aloe Unique may use the information collected automatically, such as the user’s IP address and information stored via cookies, to gather statistics about the number of people who visit the Website and to customise the Website’s content, layout and services.
- Aloe Unique will disclose the user’s personally identifiable information if it reasonably believes that it is required to do so by law, regulation or other government authority or to protect the rights and property of Aloe Unique, its affiliates or the public. Aloe Unique may also co-operate with law enforcement in any official investigation and may disclose the user’s personally identifiable information to the relevant agency or authority in doing so.
- Aloe Unique reserves the right to transfer your personal information in the event of a transfer of ownership, such as acquisition by, or merger with, another entity. If any acquiring entity should plan to materially change the Terms, Aloe Unique will notify you beforehand.
- Circumstances may arise where, whether for strategic or other business reasons, Aloe Unique decides to sell, buy, merge or otherwise reorganize its business. Such a transaction may involve the disclosure of personal information to prospective or actual purchasers, or the receipt of it from sellers.
It is Aloe Unique’s practice to seek reasonable protection for information in these types of transactions and notify you prior to any disclosure of personal information.
ACCESS & ACCURACY OF INFORMATION
- Aloe Unique strives to keep the user’s personal information accurately recorded. Aloe Unique provides a user with the reasonable ability to review and correct it or ask for anonymization, blockage, or deletion, as applicable.
- The user is entitled to request access to any relevant personal data held by Aloe Unique and where such access is necessary for you to exercise and/or protect any of the user’s rights.
- Users may request Aloe Unique to review the personal information which it holds and may request for Aloe Unique to delete such information. The deletion of any information may result in certain Website services being unavailable.