JO MALONE SOUTH AFRICA ONLINE TERMS AND CONDITIONS
Welcome to our Jo Malone South Africa web site (the “Jo Malone South Africa Site”, or the Site").
Please read these Terms carefully. In particular, your attention is drawn to the Sections headed "Third Party Links", "Representations and Warranties; Limitation of Liability" and "Indemnification".
Your access and use is conditional upon your compliance with these terms. By accessing or using this Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms.
Please note that if you visit one of our other Jo Malone international websites, you are subject to the terms and conditions applicable for that site and we suggest that you consult such terms and conditions.
- Products and Services for Personal Use
The products and services available on this Site, and any samples thereof that we may provide to you are for personal use only. You may not sell or resell any of the products, or samples thereof, or services which you receive from us.
We reserve the right, with or without notice, to cancel or reduce the quantity of any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of these Terms.
Whilst you are not able to purchase Jo Malone products on line via this site, you can purchase our products telephonically via our Jo Malone express Line. To find out more about how to order and get your orders delivered to you directly, please refer to the Jo Malone Express section of the Site.
- Accuracy of Information
We attempt to be as accurate as possible when describing our products on this Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours, information or other content available on this Site are accurate, complete, reliable, current, or error-free.
- Intellectual Property
All information and content available on this Site and its "look and feel", including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") is the property of Jo Malone South Africa Online, our affiliates, partners or licensors, and is protected by South African and international laws, including laws governing copyrights and trademarks.
Except as set forth in the limited licenses in Section 5 below, or as required under applicable law, neither the Content nor any portion of this Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
- Limited Licenses
We grant you a limited, revocable, and non-exclusive license to access and make personal use of this Site. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose this Site or any portion thereof; (b) republish, redistribute, transmit, sell, license or download this Site or any and/or all Content (except caching or as necessary to view this Site); (c) make any use of this Site or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either this Site or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other "hidden text" utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on this Site or affixed to or contained in this Site.
We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of this Site for personal, non-commercial use only. Any website that links to this Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) may not link to any page of this Site other than the home page. We may, in our sole discretion, request that you remove any link to this Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume such linking.
Any unauthorized use by you of this Site or any and/or all of our Content automatically terminates the limited licenses set forth in this Section 5 without prejudice to any other remedy provided by applicable law or these Terms.
- Your Obligations and Responsibilities
In the access or use of this Site, you shall comply with these Terms and the special warnings or instructions for access or use posted on this Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to this Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of this Site. Without limiting the generality of any other provision of these Terms, if you default negligently or willfully in any of the obligations set forth in these Terms, you shall be liable for all the losses and damages that this may cause Jo Malone South Africa Online, our affiliates, partners or licensors.
- Third Party Links
We are not responsible for the content of any off-website pages or any other websites linked to or from this Site. Links appearing on this Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from this Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
- Special Features, Functionality and Events
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission provided by you.
- User Content
When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") on this Site, you are entirely responsible for such User Content. Such User Content constitutes a Submission under Section 9 above. This means that all third parties, and not we, are entirely responsible for all User Content that they post to this Site. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on this Site User Content that (a) is unlawful, harmful, threatening, abusive, harassing, delictual, defamatory, vulgar, obscene, pornographic, defamatory, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam." You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) "stalk" or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, provincial, national or international law; or (v) collect or store personally identifiable data about other users.
We do not endorse or control the User Content transmitted or posted on this Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using this Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available by any person or entity via this Site.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms, we have the right to remove any User Content that violates these Terms or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms or infringe the rights of others.
- Copyright Complaints
We respect the intellectual property of others. If you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please read the information listed below to find out how to notify us of a claimed infringement.
Send an e-mail or written notice to our Designated Agent for notices of infringement setting out the following information: (i) identification of the copyrighted work(s) that you claim has been infringed and confirmation that you are the copyright owner or are authorized to act on the copyright owner's behalf; (ii) a description of the material that you claim is infringing and the location of that material on the Site; (iii) your postal address, telephone number and email address.
Our Designated Agent for notice for claims of copyright infringement is Charles Webster, Spoor and Fisher, Building No.13, Highgrove Office Park, Oak Avenue, Centurion, Pretoria South Africa, Tel. 011-27-12-676-1111, Fax. 011-27-12-676-1100, firstname.lastname@example.org.
NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING JO MALONE SOUTH AFRICA ONLINE THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER UNRELATED INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE GROUP BY EMAIL TO INFO@ZA.JOMALONE.COM.
- Representations and Warranties; Limitation of Liability
THIS SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THIS SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON--INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, DELICT (INCLUDING NEGLIGENCE) OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THIS SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THIS SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN TERMS OF THE LAW OF CONTRACT, DELICT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED SEVEN HUNDRED AND FIFTY RAND (R750) . YOU AGREE THAT NO CLAIMS OR ACTIONS ARISING OUT OF, OR RELATED TO, THE USE OF THIS SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS FOR ANY LOSS, DAMAGES OR COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY THIRD PARTY CLAIM, ACTION, OR DEMAND RESULTING FROM YOUR USE OF THIS SITE OR BREACH OF THESE TERMS. YOU ALSO AGREE TO INDEMNIFY US FOR ANY LOSSES, DAMAGES, OR COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM YOUR USE OF SOFTWARE ROBOTS, SPIDERS, CRAWLERS, OR SIMILAR DATA GATHERING AND EXTRACTION TOOLS, OR ANY OTHER ACTION YOU TAKE THAT IMPOSES AN UNREASONABLE BURDEN OR LOAD ON OUR INFRASTRUCTURE.
These terms shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You choose as your address for service for all purposes of your dealings with Jo Malone South Africa Online including the giving of any notice and the serving of any process the email address specified by you when visiting the Site. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in Johannesburg, South Africa and you submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors we may seek interdictory or other appropriate relief in any court of competent jurisdiction. Arbitration under this agreement shall be conducted in accordance with the Rules of the Arbitration Foundation of South Africa. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to this Terms, whether through class arbitration proceedings or otherwise.
You consent to the service by email of legal documents at the email address specified by you when entering the Site. You also agree that Jo Malone South Africa Online may obtain your residential address and/or business address from your internet service provider without obtaining a court order. Jo Malone South Africa Online shall be entitled, from time to time, to vary its physical address for legal service to any other physical address within the Republic of South Africa, and to vary its facsimile address for legal service to any other facsimile number.
- Consent to receive notices electronically by posting on this site and via
You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which these Terms refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at email@example.com and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms, including but not limited to the limited licenses set forth Section 5 hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user who cannot consent to receipt of Notices electronically.
You acknowledge and agree that these Terms constitute the complete and exclusive agreement between us concerning your use of this Site and in relation to the subject matter hereof, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms at any time by posting the changes on this Site and providing notice of such change. Any changes are effective immediately upon posting to this Site and release of notice of such change. Your continued use of this Site thereafter constitutes your agreement to all such changed Terms. We may, with or without prior notice, terminate any of the rights granted by these Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of this Site.
Jo Malone South Africa Online shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these Terms.
No act, omission, delay or indulgence or extension of time granted by Jo Malone South Africa Online in enforcing any of these Terms or any of its rights in terms hereof or any granting of time by Jo Malone South Africa Online shall prejudice or affect the Jo Malone South Africa Online's rights nor shall it operate as a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of Jo Malone South Africa Online in terms hereof, save in the event or to the extent that Jo Malone South Africa Online has signed a written document expressly waiving or limiting such rights. Jo Malone South Africa Online shall be entitled at all times and without notice to insist on the strict enforcement of these Terms.
Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between yourself and Jo Malone South Africa Online. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these terms unenforceable or invalid as a whole but these Terms shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
All provisions of these Terms are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these Terms which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these Terms shall remain in full force and effect.
If you have any questions regarding these terms, please email us at : firstname.lastname@example.org.
Wood Sage & Sea Salt Video Music: "Better on the Coast” by Kid Chocolate
- Company Information
Jo Malone South Africa is operated by Estée Lauder Companies South Africa (Proprietary) Limited
Company Registration 1978/002327/07, Place of registration – Pretoria
Postal Address PO Box 786132, Sandton 2146
Company Directores: Susan M FOX (UK) , Richard W. Kunes (US), Sara E. Moss (US)
For receipt of legal service of documents::4 Kyalami Boulevard, 1685 Kyalami, South Africa, FOR THE ATTENTION OF The Finance Director