The Lady Birds (Pty) Ltd Privacy Notice
Website Terms and Conditions
Acceptance of Terms
The Lady Birds (Pty) Ltd permits the use of this Website subject to these terms and
conditions ("the Terms and Conditions"). By using this Website in any way, you shall
be deemed to have accepted all the Terms and Conditions unconditionally. You must
not use this Website if you do not agree to the Terms and Conditions. Your use of
any product and/or service offered by us will also be subject to applicable provisions
of the Terms and Conditions.
Use of the Website
The contents of this Website, including any content, information, software, icons, text,
links, graphics, lay-outs, images, sound clips, trade names, logos, trademarks and
service marks are protected by law, including but not limited to copyright and trade
mark law, and are owned by or licensed to The Lady Birds (Pty) Ltd. No license to or
right in any of such contents is granted to or conferred upon you. Any unauthorized
use, distribution or reproduction of the said contents is prohibited.
By entering this Website, you agree that you will not use any device, software or
other instrumentality to interfere or attempt to interfere with the proper working of the
Website and that you will not take any action that imposes an unreasonable or
disproportionately large load on our infrastructure.
In addition, you agree that you will not use any robot, spider, other automatic device,
or manual process to monitor or copy the pages of the Website or the content
contained herein, without the prior written consent from an authorized The Lady Birds
(Pty) Ltd representative (such consent is deemed given for standard search engine
technology employed by Internet search websites to direct Internet users to this
Website). You may not use the Website to distribute material which is defamatory,
offensive, and unlawful or contains hate speech.
Disclaimer
While The Lady Birds (Pty) Ltd takes reasonable measures to ensure that the
contents of this Website are accurate and complete, The Lady Birds (Pty) Ltd makes
no representations or warranties, whether express or implied, as to the quality,
timeliness, operation, integrity, availability or functionality of this Website or as to the
accuracy, completeness or reliability of any information on this Website. The Lady
Birds (Pty) Ltd reserves the right to make changes, corrections and/or improvements
to the information and to the products and programs described in such information, at
any time without notice.
The Lady Birds (Pty) Ltd will use reasonable endeavours to maintain the availability
of the Website, except during scheduled maintenance periods, and reserves the right
to discontinue providing the Website or the service or any part thereof with or without
notice to you. Any person who accesses this Website or relies on this Website or on
the information contained in this Website does so at his or her own risk.
In addition to the disclaimers contained elsewhere in these Terms and Conditions,
The Lady Birds (Pty) Ltd also makes no warranty or representation, whether express
or implied, that the information or files available on this Website are free of viruses,
spyware, malware, trojans, destructive materials or any other data or code which is
able to corrupt, destroy, compromise or jeopardise the operation, stability, security
functionality or content of your computer system, computer network, hardware or
software in any way. The Lady Birds (Pty) Ltd does not accept any responsibility for
any errors or omissions on this Website.
Privacy Notice
The Lady Birds (Pty) Ltd has a strong commitment to providing excellent service to
all of our customers and visitors of this Website, including respecting concerns about
privacy. The Lady Birds (Pty) Ltd will explicitly ask when we need information that
personally identifies you or allows us to contact you ("personal information").
Generally this information is requested when requesting a particular service or
product. You agree to provide accurate and current information, and not to
impersonate or misrepresent any person or entity or falsely state or otherwise
misrepresent your affiliation with anyone or anything.
The purposes for which The Lady Birds (Pty) Ltd will use your personal information
are as follows: to transact with you via the website or email regarding purchase or to
provide services to you via our website; to inform you of new features, services,
special offers and products (provided you have consented to receiving such
marketing material); to enable us to process, validate and verify products and/or
requests for services and for the purposes for which you specifically provided the
information; to improve your experience on our website.
The Lady Birds (Pty) Ltd shall be entitled to disclose personal information if required
to do so (a) to comply with applicable law or with legal process served on The Lady
Birds (Pty) Ltd; (b) to protect and defend the rights or property of The Lady Birds
(Pty) Ltd, and (c) for the purposes of distributing same to various employees and/or
third parties who assist The Lady Birds (Pty) Ltd in providing services to you and thus
need to know your personal information in order to render a proper and efficient
service to you. We will ensure that all such employees and/or third party service
providers having access to your personal information are bound by appropriate and
legally binding confidentiality and non-use obligations in relation to your personal
information.
You are aware that information and data is automatically collected through the
standard operation of the Internet servers and through the use of "cookies."
"Cookies" are small text files a website can use to recognise repeat users, facilitate
the user's ongoing access to and use of the website and allow a website to track
usage behaviour and compile aggregate data that will allow content improvements
and targeted advertising. Cookies are not programs that come onto your system and
damage files. Generally, cookies work by assigning a unique number to you that has
no meaning outside the assigning site. If you do not want information collected
through the use of cookies, there is a simple procedure in most browsers that allows
you to deny or accept the cookie feature; however, you should note that cookies may
be necessary to provide you with certain features (e.g., customized delivery of
information) available on our Websites.
WHILST THE LADY BIRDS (PTY) LTD IS OF INTENT TO TAKE REASONABLE
MEASURES TO KEEP PERSONAL INFORMATION ABOUT YOU CONFIDENTIAL,
IT SHALL HOWEVER NOT BE LIABLE FOR ANY LOSS OR DAMAGE,
HOWSOEVER ARISING, SUFFERED AS A RESULT OF THE DISCLOSURE OF
SUCH INFORMATION.
The Lady Birds (Pty) Ltd will:
• treat your personal information as strictly confidential;
• take appropriate technical and organisational measures to ensure that your
personal information is kept secure and is protected against unauthorised or unlawful
processing, accidental loss, destruction or damage, alteration, disclosure or access;
• promptly notify you if we become aware of any unauthorised use, disclosure or
processing of your personal information;
• provide you with reasonable evidence of our compliance with our obligations under
this policy on reasonable request; and
• upon your request, promptly return or destroy any and all of your personal
information in our possession or control.
We will not retain your personal information longer than the period for which it was
originally needed, unless we are required by law to do so, or you consent to us
retaining such information for a longer period.
Linked Third-Party Website and Third-Party Content
This Website may contain links or references to other websites outside of our control,
including those of advertisers. These Terms and Conditions do not apply to those
websites and The Lady Birds (Pty) Ltd is not responsible for the practices and/or
privacy policies of those sites or the cookies those sites use. In addition, because
The Lady Birds (Pty) Ltd has no control over such external sites and resources, you
acknowledge and agree that The Lady Birds (Pty) Ltd is not responsible for ensuring
the availability of such external websites or resources and does not endorse and is
not responsible or liable for any content, advertising, products, or other materials on
or available from such websites or resources. Your use of such other websites is
entirely at your own risk and we are not responsible for any loss, expense, claim or
damage, whether direct, indirect or consequential, arising from your use of such
other websites or your reliance on any information contained on those websites.
Permission for Hyperlinks, Deep Linking, Crawlers and Metatags
Nobody may establish a hyperlink, frame, metatag or similar reference, whether
electronically or otherwise (collectively referred to as linking), to this Website or any
subsidiary pages before receiving the prior written approval of an authorised
representative of The Lady Birds (Pty) Ltd, which may be withheld or granted subject
to such conditions The Lady Birds (Pty) Ltd may specify from time to time.
Furthermore, this Website or any part hereof may not be "framed" or "deep linked" in
any way whatsoever. This Website may from time to time contain message boards
which allow users to comment on their experience at The Lady Birds (Pty) Ltd. At
times those comments may contain references to matters not related to The Lady
Birds (Pty) Ltd. Those references do not necessarily represent the views of The Lady
Birds (Pty) Ltd.
Limitation of Liability
THE LADY BIRDS (PTY) LTD SHALL IN NO WAY BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL INJURY, LOSS OR
DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON,
ANY MATERIAL OR CONTENT CONTAINED IN THE WEBSITE OR ANY LINKED
WEBSITE, OR ANY INABILITY TO USE THE WEBSITE, OR ANY UNLAWFUL
ACTIVITY ON THE WEBSITE CAUSED BEYOND THE REASONABLE CONTROL
OF THE LADY BIRDS (PTY) LTD.
YOU HEREBY INDEMNIFY THE LADY BIRDS (PTY) LTD AGAINST ANY LOSS,
CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD
PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE OR THE
RECEIPT BY YOU OF AN ELECTRONIC MAIL FROM THE LADY BIRDS (PTY)
LTD OR ONE THAT PURPORTS TO EMANATE FROM THE LADY BIRDS (PTY)
LTD, UNLESS THE LOSS, CLAIM OR DAMAGE ARISES AS A RESULT OF THE
GROSS NEGLIGENCE OF THE LADY BIRDS (PTY) LTD.
Changes to these Terms and Conditions
The Lady Birds (Pty) Ltd reserves the right to update and/or amend the Terms and
Conditions from time to time and without any notice, and you are accordingly
encouraged to check the Website regularly. Any such change will only apply to your
use of this Website after the change is displayed on this Website. If you use this
Website after such updated or amended Terms and Conditions have been displayed
on this Website, you will be deemed to have accepted such updates or amendments.
Termination
The Lady Birds (Pty) Ltd may in its sole discretion terminate, suspend and modify this
Website and/or your use of this Website, with or without notice to you. You agree that
The Lady Birds (Pty) Ltd will not be liable to you in the event that it chooses to
suspend, modify or terminate this Website or your use of this Website.
Governing Law
The Terms and Conditions shall be governed and interpreted in accordance with the
laws of the Republic of South Africa and application for any of the services offered on
these pages or sites will constitute your consent and submission to the jurisdiction of
the South African courts regarding all proceedings, transactions, applications or the
like instituted by either party against the other, arising from any of the terms and
conditions pertaining to such services.