Red butterfly – Terms & Conditions
Website Terms and Conditions of Use Relating to www.redbutterfly.co.za
These Terms and Conditions (‘the Terms and Conditions’) govern your (‘the User’) use of the Red Butterfly, (‘Provider’) website located at the domain name, www.redbutterfly.co.za, (‘the Website’). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of the Provider.
Electronic Communications
By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including, but not limited to, the requirement that such communications should be in writing. Red Butterfly may send correspondence to registered users notifying them of new products and special offers from time to time.
E-Commerce & Privacy
The Website, www.redbutterfly.co.za, sells goods and services online. The use of any product bought from this Website is at the purchaser’s risk. The purchaser/user indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.
Information provided during online classes and during services do not replace the consultation of a medical doctor.
The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information, postal address, delivery address, email address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number, will be made known to third parties delivering the product. Please refer to Privacy Policy.
The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.
Payment Options
Payment may be made by Direct Bank Transfer into the Provider’s bank account, the details of which will be provided at checkout.
Responsibility
The Provider takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
Updating of these Terms and Conditions
Provider reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
Copyright and Intellectual Property Rights
Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by Provider, its affiliates and/or subsidiary, or any other third-party owners of such content. All such proprietary works, and the compilation of the proprietary works, are copyrighted by the Provider, its affiliates or subsidiary, or any other third-party owner of such rights (‘the Owners’) and is protected by South African and international copyright laws. The Providers reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent, or other Intellectual Property Rights in or to the Content.
Credit and references have been made to relevant organisations and people where relevant.
Limited License to General Users
This Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of the Provider. The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another merchant. The User may not frame nor use framing technologies to enclose the Provider Website or the Content nor any part thereof without the express written consent of the Provider. The Provider and the Owners do not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers on the Website.
Providers and the Owners, their affiliates or subsidiaries reserve the right to refuse service, terminate accounts, remove, or edit content, or cancel orders in their sole discretion.
Any unauthorized use terminates this license.
Limitation of Liability
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an ‘as is’ basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy, or completeness of the Content. Neither Provider nor any holding company, affiliate, or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential, or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if the Provider is expressly advised thereof.
Privacy: Casual Surfing
The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. The Provider uses this information to determine use of the Website, and to improve content thereon. Provider assumes no obligation to protect this information, and may copy, distribute, or otherwise use such information without limitation. For the purpose of this clause, ‘personal information’ shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: www.polity.org.za/attachment.php?aa_id=3569
Dealings with 3rd Parties
Links to and from the Website from and to other Websites belonging to, or operated by 3rd parties (‘linked Websites’) do not necessarily constitute our endorsement of such linked Websites or their contents nor do we necessarily associate ourselves with their owners or operators. You are solely responsible for identifying and familiarising yourself with any Terms and Conditions which will govern your relationship with such third party/ies. We have no control over linked Websites, and you agree that we are not responsible or liable for any content, information, goods, or services available on or through any such linked Websites or for any damage, damages or any other loss caused or alleged to be caused by, or in connection with your use of, or reliance on any such content, information, goods or services available on, or through any such linked Websites. You further agree that where you access linked Websites, you do so entirely at your own risk. Your interaction, correspondence or business dealings with 3rd parties, which are referred to, or linked from, or to the Website, is similarly entirely at your own risk and are solely between you and such 3rd party, including the acquisition, disposal, payment and delivery of any goods or services, and any terms, conditions, warranties, or representations associated with such interaction, correspondence, or business dealings.
Choice of Law
This Website is controlled, operated, and administered by the Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the content or purchase of the products sold on the Website is illegal, is prohibited. The User 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. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Port Elizabeth High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User regarding the use of the Content and this Website.
Termination
If you breach any of these Terms and Conditions, we may immediately, automatically and without notice to you, terminate your access to our Website, and/or prohibit your future access to the Website, and/or take appropriate legal action against you (including without limitation, applying for urgent and/or interim relief or claiming damages), without incurring any liability to you of any nature whatsoever and howsoever arising, and all of our rights in this regard are expressly reserved. The Provider reserves the right to refuse service.
Contact Information
If you have any questions, queries or wish to request permission to use any part of this website, please contact us at redbutterflyproducts@gmail.com
A copy of the ECT Act is available at https://www.acts.co.za