These website terms apply to the entire contents of the website located at www.orlybeauty.co.za (the “Website”) and to any email or other correspondence between us and you. Please read these website terms carefully before using the Website. Use of the Website includes accessing, browsing or registering to use the Website. By using the Website you confirm that you accept these website terms and that you agree to comply with them. If you do not accept these website terms, please do not use the Website. Any rights not expressly granted in these website terms are reserved. The Website is owned and operated by Hands Down, a division of Emsa Distribution (Pty) Ltd (“ORLY South Africa”, “we”, “us” or “our”), a company registered in South Africa under company number 2017/125387/07 and with a main address at 89 Garfield Road, Kenilworth, 7700, Cape Town, as the exclusive distributor of ORLY in South Africa.
Accessing the Website
The Website is made available free of charge. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these website terms and other applicable terms and conditions and that they comply with them.
Downloading content from the Website
You are not permitted to print and download extracts from the Website. No part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written consent. If you fail to comply with the above provisions, your right to use the Website will automatically terminate and you must immediately destroy any downloaded or printed extracts from the Website. We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of these website terms.
Links to other websites
Where the Website contains links to other websites and resources provided by third parties, these links are provided solely for your information and convenience. If you use these links, you will leave the Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them or any material found there or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
Linking to the Website
If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions: you create the link in a way that is fair and legal and does not damage the ORLY reputation or take advantage of it; you do not create a frame or any other browser or border environment around the Website; you do not remove, distort or otherwise alter the size or appearance of the ORLY trading name or logo; you do not in any way imply that ORLY is endorsing any products or services other than its own; you do not misrepresent your relationship with ORLY nor present any other false information about ORLY; you do not otherwise use any ORLY trading name or trademarks displayed on the Website without express written permission from us; you do not link from a website that is not owned by you; the website from which you are linking must not contain content that is distasteful, offensive or controversial, must not infringe any intellectual property rights or other rights of any other person, must comply with all applicable laws and regulations and must otherwise comply in all respects with these website terms. We expressly reserve the right to withdraw linking permission at any time and without notice. You shall fully indemnify ORLY South Africa and its directors, officers and employees for any loss or damage suffered for breach of these provisions.
Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date. We may make changes to the material on the Website or to the products, services and prices described in it at any time without notice. The material on the Website may be out of date and we make no commitment to update such material. The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, conditions implied by law) which, but for this legal notice, might have effect in relation to the Website. We do not warrant or guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.
Limitation of liability
ORLY South Africa, its affiliates, distributors, licensors and any other party involved in creating, producing, maintaining or delivering the Website and the directors, officers, employees, shareholders and agents of any of them, exclude all liability and responsibility for any loss or damage of whatsoever nature (including without limitation any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption) and howsoever arising (whether in contract, tort (including negligence), breach of statutory duty or otherwise), even if foreseeable, that may result to you or a third party from or in connection with the use, inability to use or results of use (including without limitation your downloading of any material) of the Website or any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property. Nothing in these website terms excludes or limits our liability for fraud or fraudulent misrepresentation or for death or personal injury arising from our negligence or any other liability that cannot be excluded or limited by applicable law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied. If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
Intellectual property rights
The copyright and other intellectual property rights in the Website and all material published on the Website (including without limitation photographs and graphical images) are owned by ORLY South Africa or its licensors.
You may use the Website only for lawful purposes. You may not use the Website: in any way that breaches any applicable local, national or international law or regulation; in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect; for the purpose of harming or attempting to harm minors in any way; to send, knowingly receive, upload, download, use or re-use any material which does not comply with these website terms; to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or to knowingly transmit, send or upload any data or material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. You also agree: not to reproduce, duplicate, copy or re-sell any part of the Website in contravention of these website terms; and not to access without authority, interfere with, damage or disrupt: any part of the Website; any equipment or network on which the Website is stored; any software used in the provision of the Website; or any equipment or network or software owned or used by any third party.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of these website terms through your use of the Website. When a breach of these website terms has occurred, we may take such action as we deem appropriate.
Failure to comply with these website terms constitutes a material breach and may result in our taking all or any of the following actions: immediate, temporary or permanent withdrawal of your right to use the Website; immediate, temporary or permanent removal of any posting or material submitted by you to the Website; issue of a warning to you; legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; further legal action against you; and/or disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of these website terms. The responses described in these website terms are not limited, and we may take any other action we reasonably deem appropriate.
Governing law and jurisdiction
These website terms shall be governed by and construed in accordance with South African law. Disputes arising in connection with these website terms shall be subject to the exclusive jurisdiction of the courts in South Africa.
Changes to these terms
We may revise these website terms at any time by amending this page. Our publication of the amended page shall be deemed to be effective notification to you of such amended terms.