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The products and services offered by or through the bio-oil.com website ("website") are made available subject to the terms and conditions set out and referenced herein ("terms"). By using the website, you agree to be bound by, and to comply with, these terms and any further terms that Union-Swiss (Proprietary) Limited ("the Proprietor") may prescribe from time to time. The Proprietor reserves the right to make changes to the website and these terms at any time. Please read these terms carefully, and should you have any legal questions please telephone +27 (21) 424 4230. Content of the websiteWhilst every effort is made to update the information provided on this website on a regular basis, the Proprietor makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of any information, data and/or content on the website from time to time. The Proprietor reserves the right at any time to change or discontinue without notice, any aspect or feature of the website and any information, data and/or content on the website.Copyright and Intellectual Property RightsCopyright and all intellectual property rights in all text, graphics, logos, button icons, images, audio clips, databases and software (collectively "the materials"), is the property of the Proprietor, alternatively the Proprietor is the lawful user thereof and are protected by South African and international intellectual property laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of the materials is the exclusive property of the Proprietor and protected by South Africa and international copyright laws.Without derogating from the above, the Proprietor authorizes you to view, copy, download to a local drive, print and distribute the content of this website, or parts thereof, provided that:
The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered trademarks of the Proprietor. Nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of the Proprietor. Liability DisclaimerThe information, content, services, products and materials published on this website, including without limitation, text, graphics and links are provided on an "as is" basis. The Proprietor makes no representations or warranties of any kind, express or implied, regarding this website or the accuracy, reliability, correctness or completeness of any information, testimonials, contents, materials, or products included on this website from time to time. Without limiting the generality of the aforegoing:
Limitation of LiabilityIn no event shall the Proprietor be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this website and/or any information contained on or via the website. Such limitation shall also apply with respect to damages resulting from the inability to use this website, the operational failure of this website, or any information, data, products, and services obtained through this website, or otherwise arising out of the use of this website, whether based on contract, delict, strict liability or otherwise, even if the Proprietor and/or any of its suppliers has been advised of the possibility of damages.Applicable LawThese terms and the use of the website shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to the principles of conflicts of laws. You hereby consent to the exclusive jurisdiction of the High Court of the Republic of South Africa (Cape Provincial Division) in respect of any disputes arising in connection with this website.Privacy PolicyThe Proprietor is dedicated to maintaining the privacy of its online visitors and users. On this website, the Proprietor does not collect personally identifiable information from individuals unless they provide it to us voluntarily and knowingly.Any personally identifiable information collected is used solely by the Proprietor and its business partners who are involved in the operation of this website, for internal purposes. The Proprietor will not share personally identifiable information with third parties unless the person who has submitted the information has authorised us to do so, or if we are required to by law. In addition, the Proprietor may disclose any information about you to law enforcement agencies, government officials, or other third parties as the Proprietor, in its sole discretion, believes necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, or other activity that is illegal or may expose the Proprietor to legal liability, or in connection with any merger, consolidation or corporate activity of the Proprietor. Security PolicyWhile the Proprietor employs security features, processes and procedures on this website which are [in accordance with or higher than accepted industry standard and uses 128 bit encryption technology] [Bio-Oil to advise what security is applied by it], the Proprietor cannot guarantee the security of the information you transmit to it. You accept that transmitting information over the Internet may be subject to unlawful access or monitoring and that the Proprietor is not liable for any loss or damage of whatever nature which you may suffer as a result of this.Violation and WaiverShould you violate these terms or any other rights of the Proprietor, we reserve the right to pursue any and all legal and equitable remedies against you. If we should fail to enforce any right or provision in these terms, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these terms.If a court should find that one or more rights or provisions set forth in these terms are invalid, you agree that the remainder of the terms shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties' intentions, as reflected in any such right or provision that has been declared invalid or unenforceable. |