Terms and Conditions of Website Use

These terms and conditions are binding and enforceable against all persons that access the Be Unique website or any part thereof (the Be Unique website) in terms of section 11(3) of the electronic Communications and transactions (ETC) act 25 of 2002.

If you do not agree to these terms and conditions you must leave the Be Unique website now, as further use will automatically bind you to these terms and conditions.

A copy of the ECT act may be downloaded from:

http://web.uct.ac.za/depts/shiplaw/fulltext/electcomsact.pdf

Definitions and interpretations:

“Be Unique” means the Be Unique website located at www.be-unique.co.za and includes any part or element thereof.
“Content Use License” means such license extended to the user for the purpose of downloading requested and specific Be Unique information available on from restricted pages of the Be Unique site.
“User” means any person who enters or uses the Be Unique website, notwithstanding the fact that such a person only visited the home page of the Be Unique website.
Reference herein to the singular includes the plural and vice versa; and
Notwithstanding the fact that hyperlinks in these terms and conditions to copyright notices and legislation should be deemed part of these terms and conditions in terms of section 11 of the ECT Act, the fact that some or all of the hyperlinks may be non-operational, shall not play a role in determination of the validity and interpretation of these terms and conditions.

Allowed Use and Licence

Be Unique licenses the user to view, download and print the content of the Be Unique website, provided that such content is used for personal, education and/or non-commercial purposes only.
Content from the Be Unique website shall not be used or exploited by users for any commercial and non-private purposes without the prior written consent of Be Unique.
Users may only access and use the Be Unique website for legal purposes.
The caching of the Be Unique website shall only be allowed if:
- The purpose of the caching is to make the onward transmission of the content from the Be Unique website more efficient;
- The cached content is not modified in any manner whatsoever;
- The cached content is updated at least every 12 (twelve) hours, and
- The cached content is removed or updated when so required by Be Unique;
If any user uses content from the Be Unique website in breach of the provided details herein:
- Be Unique reserves the right to claim damages from the user
- Be Unique reserves the right to institute criminal proceedings against the user; and
- Be Unique shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the user or any third party who obtained any content from the user.
Hyperlinks to the Be Unique website from any other source shall be directed at the home page of the Be Unique website. Be Unique shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of the content from the Be Unique website, if such content was accessed through a hyperlink not directed at the home page of the Be Unique website. Persons that wish to link to content beyond the home page of Be Unique website, shall do so at their own risk and indemnify Be Unique against any loss, liability or damage that may result from the use of content from the Be Unique website, if such content was accessed through a hyperlink not directed at the home page of the Be Unique website. Be Unique’s non-liability of deep linking is based on the fact that deep linking can bypass these terms and conditions.
Users may quote small and reasonable portions of content available from the Be Unique website only if such quotes are placed in inverted commas and it’s origin acknowledged.
No persons may frame the Be Unique website, in any manner whatsoever, without the prior written consent of Be Unique.
Apart from bona-fide search engine operations and use of the search facility provided on the Be Unique website by users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the Be Unique website for any purposes, without the prior written consent of Be Unique.
All licenses and/or permissions granted in terms of this clauses 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by Be Unique at any time without giving reasons therefore.

Intellectual property rights and domain use

All intellectual property on the Be Unique website, including but not limited to content, trademarks, domain names, patents, design elements, software, databases, text graphics, icons and hyperlinks are the property of or licensed to Be Unique and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the user in clause 2, all other rights to intellectual property on the Be Unique website are expressly reserved.
Registered trademarks or trademarks pending registration. Users agree not to use the trademark as an element of a domain name or sub domain name, notwithstanding the fact that such domain name uses or registration may be allowed in terms of trademarks and/or constitutional law. Upon request to do so a User shall immediately cease to use such domain name and transfer it to Be Unique at the cost of the User.

Disclosures required by section of the act

Access to the services, content, software and content downloads available from the Be Unique website is classified as “electronic transactions” in terms of the ECT Act and therefore Users have the rights details in Chapter 7 of the ECT Act and Be Unique has the duty to disclose the following information:
Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
- Access to the Be Unique website;
- The inability to access the Be Unique website;
- The services and content available from the Be Unique website;
- These terms and conditions shall be referred to arbitration in terms of the expedited rules of the arbitration foundation of South Africa and such arbitration proceedings shall be conducted in Cape Town in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client. The expedited rules of the arbitration foundation of south Africa may be downloaded from the following website: http://arbitration.co.za
- Cooling-off period: terms of the operation of section 42(1)(d) of the ECT Act, the cooling-off provisions of the ECT Act do not apply to the website; and
- Users may lodge complaints concerning the Be Unique website with Be Unique at support@be-unique.co.za.
The official email address of Be Unique is: support@be-unique.co.za
The website address of Be Unique is: https://be-unique.co.za
Main business: Be Unique Handmade Natural Skincare manufactures and distributes a range of environmentally safe skin care and other products.

Changes and amendments

Be Unique expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:

Change these term and conditions
Change the content and/or service(s) available from the Be Unique website; and/or
Change the software and hardware required to access and use the Be Unique website

Privacy

Be Unique shall take all reasonable steps to protect the personal information of users and 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: http://www.justice.gov.za/legislation/acts/2000-002.pdf

Use of Vouchers

Be Unique will from time to time issue Vouchers for sales and discounted products. The following conditions apply to the use of vouchers:

No voucher can be used in conjunction with another.
The opt-in R100 discount voucher is valid for single use and therefore may only be used once.