Website Terms of Use
1. Website terms and conditions of use
1.1. This section sets out the terms and conditions (“the Terms”) of:
1.1.1. Slick Salon Solutions (Pty) Ltd,
1.1.1.1. Hereinafter referred to as “Slick”.
1.2. pertaining to the access and use of the information, products, services and functions
provided on http://slick.apexmedia.co.za (hereinafter referred to as “the Website”).
1.3. Should any person that accesses the Website and should you (“you” or “user”)
disagree with any of the Terms, you must refrain from accessing the Website and/or
using our services or buying our products.
1.4. Upon interaction with us, Slick accepts that you have read these Terms and that you
consent to it.
1.5. If you are under the age of 18, you must obtain your parents’ or legal guardians’
advance authorization, permission and consent to be bound by these Terms before
purchasing any products or services.
1.6. Slick reserves the right, in its sole discretion, to amend and/or replace any of, or the
whole of, the Terms. Such amendments shall supersede and replace any previous
Terms and shall be made available on the Website. Each time a user accesses the
Website and/or uses the services, the user shall be deemed to have consented, by
such access and/or use, to the Terms, as amended and/or replaced by Slick from time
to time. If you are not satisfied with the amended Terms, you should refrain from
using the Website. Therefore, there is a duty on the user to ensure that it has read the
Terms before every use of the Website, to ensure that it accepts the terms of use
and/or agrees to the amended Terms at the time.
1.7. Slick will however give you prior notice where Slick have collected personal
information from you and the purpose for which we collected that information, is
affected by the intended amendment.
1.8. If there is anything in these Terms that you do not understand then please contact us
as soon as possible. Please note that calls to us are charged at South African national
rates and may be monitored for training, security and quality assurance purposes.
2. Content of the website
2.1. Slick 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.
2.2. Slick reserves the right to change and amend the products, prices and rates quoted on
this Website from time to time without notice.
2.3. Slick may use the services of third parties to provide information on the Website.
Slick has no control over this information and makes no representations or warranties
of any nature as to its accuracy, appropriateness or correctness. The user agrees that
such information is provided “as is” and that Slick 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.
2.4. Slick 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:
2.4.1. Slick 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. Slick expressly disclaims all implied warranties, including without
limitation, warranties of merchantability, fit-ness for a particular purpose, non
infringement, compatibility, security and accuracy;
2.4.2. whilst Slick 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
2.4.3. Slick disclaims any responsibility for the verification of any claims.
Information published on this Website may be done so in the format in which
Slick receives it and statements from external parties are accepted as fact.
3. Linked third party websites and third party content
3.1. Slick may provide links to third party websites on the Website. These links are
provided to the user for convenience purposes only and Slick does not endorse, nor
does the inclusion of any link imply Slick’s endorsement of, such websites, their
owners, licensees or administrators or such websites’ content or security practices
and operations.
3.2. While Slick tries to provide links only to reputable websites or online partners, Slick
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 Slick.
Slick 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 Slick 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
4.1. The user hereby agrees that it shall not itself, nor through a third party:
4.1.1. copy (other than for backup, archival or disaster recovery purposes),
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 in
any manner, unless it is consistent with the intent and purpose of these Terms;
4.1.2. decompile, disassemble or reverse engineer any portion of the Website;
4.1.3. write and/or develop any derivative of the Website or any other software
program based on the Website;
4.1.4. modify or enhance the Website. In the event of a user effecting any
modifications or enhancements to the Website in breach of this clause, such
modifications and enhancements shall be the property of Slick;
4.1.5. without Slick’s prior written consent, provide, disclose, divulge or make
available to or permit the use of or give access to the Website by persons other
than the user;
4.1.6. remove any identification, trademark, copyright or other notices from the
Website;
4.1.7. 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, ob-scene,
sexually-explicit, profane or hateful, or racially, ethnically or otherwise
objectionable content of any kind; and/or
4.1.8. notwithstanding anything contained to the contrary in these Terms, use the
Website for any purpose other than personal, commercial and information
purposes.
5. Security
5.1. In order to ensure the security and reliable operation of the services and products to
all Slick’s users, Slick 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 Slick’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 Slick suffer any damage or loss, civil damages shall be claimed by Slick
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 Slick and its affiliates,
agents and/or partners.
6. Intellectual property rights
6.1. For the purpose of this clause, the following words shall have the following
meanings ascribed to them:
6.1.1. “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 Slick, now or in the future, including without
limitation, Slick’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,
Slick 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 Slick for posting on the Website, you automatically grant Slick 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.
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 Slick’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 Slick 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. Slick 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, information purposes and for purchase of services and
products 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 Slick be liable for any loss,
harm, or damage suffered by the user as a result thereof. Slick reserves the right to
request independent verification of any information transmitted via e-mail and the
user consents to such verification should Slick deem it necessary.
7.3. To the extent permissible by law:
7.3.1. Neither Slick, 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 service provider knows or
should reasonably have known or is expressly advised thereof.
7.3.2. The liability of Slick 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 Slick rectifying the
malfunction, within a reasonable time and free of charge, provided that Slick
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 Slick. However in no event shall Slick
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.
7.4. You hereby unconditionally and irrevocably indemnify Slick and agree to hold Slick
free from all loss, damages, claims and/or costs, of whatsoever nature suffered or
incurred by Slick or instituted against Slick as a direct or indirect result of:
7.4.1. your use of the website;
7.4.2. software, programs and support services supplied by, obtained by or modified
by you or any third party without the consent or knowledge of Slick;
7.4.3. your failure to comply with any of the terms or any other requirements which
Slick may impose from time to time;
7.4.4. the actions or requirements of any telecommunications authority or a supplier
of telecommunications services or software; or
7.4.5. any unavailability of, or interruption in, the service or products which is
beyond the control of Slick.
7.5. Slick 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 Slick for any LOSS
suffered by you, as a result of information supplied by Slick being incorrect,
incomplete or inaccurate.
8. Service provider privacy and cookie policy
8.1. This clause 8 provides details about our Privacy and Cookie Policy, which Policy
forms part of these Terms. Slick takes your privacy seriously and is committed to
protecting your personal information. We use the personal information that we
collect from you in accordance with this Privacy and Cookie Policy.
8.2. Personal information when used in this Policy means information that can identify
you as an individual or is capable of identifying you. By personal information we
don’t mean general, statistical, aggregated or anonymised information.
8.3. Your use of our services and products signifies your consent to us collecting and
using your personal information as specified below.
8.4. How Slick collect information about you:
8.4.1. When you register on the Website;
8.4.2. When you log in onto the Website;
8.4.3. When you transact with the Website in purchasing services and/or products.
8.4.4. When you communicate Slick, via email and/or telephone.
8.5. When Slick collects information from you, we will ask you for your:
8.5.1. Name and details that can identify you;
8.5.2. Bank and payment details; and
8.5.3. Communication details with you, like you telephone number, email address
and address for delivery.
8.6. How Slick uses your information:
8.6.1. To validate you as a customer;
8.6.2. To confirm that you have received your order;
8.6.3. For marketing purposes;
8.6.4. To prevent and detect criminal activity;
8.6.5. Fraud and misuse of or damage to Slick’s services or networks;
8.6.6. To prosecute those responsible;
8.6.7. For statistical purposes; and
8.6.8. For research purposes.
8.7. How long do we keep your information for?
8.7.1. The time periods for which Slick keep your information may vary according to
the use or purpose attached to the information. Unless there is a specific legal
requirement requiring Slick to keep your information, however, we will not
keep it for longer than necessary for the purpose for which the information was
collected or for which it is to be processed.
8.8. Disclosing your information to third parties
8.8.1. Your personal information may be disclosed to:
8.8.1.1. Our online partner facilitating payments for products and/or services;
8.8.1.2. Our sales and/or research teams.
8.8.2. Please note that such disclosure of information will not include any personal
information that could identify you.
8.9. When and where do we use cookies?
8.9.1. Slick allocates cookies during the registration and transaction process of our
services and products.
8.9.2. These cookies will hold information which will allow Slick to recognise you
as a customer with your details, your preferences including your history on
the Website and payment method.
8.10. How can you refuse or opt out of cookies?
8.10.1. Check your internet browser and ensure that your internet browser
does not by default accept cookies.
8.10.2. Please alter your settings on your internet browser, to prevent the
automatic acceptance of cookies and to prompt you to allow you to
choose not to receive cookies.
8.11. How can you manage your privacy preferences?
8.11.1. If you’d like us to stop processing your information for marketing
purposes, please write to us at info@slicksalons.co.za and advise us
accordingly.
9. Confidentiality
9.1. By subscribing as a user, you agree that you shall hold in the strictest confidence and
not disclose to any third party information acquired in connection with any aspect of
the products and/or services offered by Slick. You shall notify Slick should you
discover any loss or unauthorised disclosure of the information.
9.2. Any information or material sent to Slick will be deemed not to be confidential,
unless otherwise agreed in writing by the user and Slick.
10. Breach or cancellation by Slick
10.1. Slick is entitled without notice, in addition to any other remedy available to it
at law or under these Terms, including obtaining an interdict, to cancel these
Terms, limit or deny such user use of the Website and services, or to claim
specific performance of any obligation whether or not the due date for
performance has arrived, in either event without prejudice to Slick’s right to
claim damages, should any user:
10.1.1. breach any of these Terms;
10.1.2. in the sole discretion of Slick, your use of the Website in an
unauthorised manner; or
10.1.3. infringe any statute, regulation, ordinance or law.
10.2. Breach of these Terms entitles Slick to take legal action without prior notice to
the user and the user agrees to reimburse the costs associated with such legal
action to Slick on an attorney and own client scale.
11. Compliance with section 43(1) of ECT Act
11.1. In compliance with section 43(1) of the ECT Act, the following is noted:
11.1.1. Company name: Slick Salon Solutions (Pty) Ltd
11.1.2. Registration number: 2017/055/288/07
11.1.3. Address: 104 Vlootboot Street, Unit 2, Falcon Mini Factories, Laser
Park, Honeydew, 2170;
11.1.4. Email address: Info@slicksalons.co.za;
11.1.5. Telephone number: (011) 794-5286
11.1.6. Website address: http://slick.apexmedia.co.za
11.1.7. Names of office bearers: GM – Brandon Randall
11.1.8. Slick offers hair care products on the Website;
11.1.9. The complaints and disputes procedure are as follows:
11.1.9.1. Upon receipt of the product, you have 7 days to
notify us of any concerns.
11.1.9.2. Such notification must be in writing and addressed to
Info@slicksalons.co.za
11.1.9.3. Upon receipt of this notification Slick will communicate
with you within 72 hours and confirm your concern and
then advise you that specific product’s warranty
specifications and how to return it.
11.1.9.4. Should no notification be received within 7 days as
per clause 11.1.9.1, then Slick will deem that the
product is in order and Slick will not accept any further
complaints about the product.
11.1.10. You are entitled to cancel without reason and without penalty any
transaction for the supply of products and / or services within 7 days
after the user paid for the service and / or product.
11.1.10.1. Slick may levy a charge for the direct cost of returning
the products to the user.
11.1.10.2. The user will be entitled to a full refund of all monies
paid and will be refunded within 30 days from the
cancellation date.
11.1.11. Slick is not a National Credit Provider and all products and services are
to be paid for before the order is dispatched to the user.
12. Compliance with laws
12.1. You shall comply with all applicable laws, statues, ordinances and regulations
of your country pertaining to your use of and access to this Website.
13. Notices
13.1. Except as explicitly stated otherwise, any notices shall be given by email
to Info@SlickSalons.co.za (in the case of Slick) or to the e-mail address you
have provided to Slick (in your case), or such other address that has been
specified. Notice shall be deemed given 48 hours after an email is sent, unless
the sending party is notified that the email address is invalid. Alternatively,
Slick may give you notice by registered mail to the address which you have
provided to Slick. In such case, notice shall be deemed given 7 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 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.
14. General terms
14.1. These Terms 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.
14.2. This Website is controlled, operated and administered by Slick from its offices
within the Republic of South Africa. Slick 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.
14.3. Slick does not guarantee continuous, uninterrupted or secure access to its
services and products, as operation of its Website may be interfered with as a
result of a number of factors which are outside of Slick’s control.
14.4. If any provision of these Terms is held to be illegal, invalid or unenforceable
for any reason, such provision shall be struck out from these Terms and the
remaining provisions shall be enforced to the full extent of the law.
14.5. Slick’s failure to act with respect to a breach by you or others does not
constitute a waiver of Slick’s0 right to act with respect to subsequent or similar
breaches.
14.6. You shall not be entitled to cede your rights or assign your rights or delegate
your obligations in terms of these Terms to any third party without the prior
written consent of Slick.
14.7. No party shall be bound by any express or implied term, representation,
warranty, promise or the like not recorded herein, whether it induced the
transaction and/or whether it was negligent or not.
14.8. The head notes to these clauses of these Terms are inserted for reference
purposes only and shall not affect the interpretation of any of the provisions to
which they relate.
14.9. 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.
14.10. These Terms set forth the entire understanding and agreement between Slick
and you with respect to the subject matter hereof. Any terms and conditions of
a transaction will form part of these Terms, and will be subject to these Terms.