1.1. These Website Terms and Conditions serves to set out the terms and conditions of the use and function of the Isabella Garcia International (The Company) Website (https://isabellagarcia.co.za/).
1.2. This Policy should be read in conjunction with the Isabella Garcia International Cookies Policy available at https://isabellagarcia.co.za/cookies-policy.
1.4. These Terms and Conditions are binding and enforceable against every person that accesses or uses (the User) this Website (https://isabellagarcia.co.za/).
1.5. By accessing and using (https://isabellagarcia.co.za/ ) the Website, the User acknowledges that they have read and agree to be bound by these Terms and Conditions.
1.6. These Terms and Conditions shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within South Africa.
1.7. The Company takes the privacy of the User seriously and is committed to protecting personal information. The Company collects and processes personal information that we collect from the User in accordance with this policy.
1.8. By accessing and using the Website, the User expressly consents to the Company collecting and processing their personal information.
1.9. By using the Website the User warrants that they are 18 (eighteen) years of age or older and of full legal capacity. If the User is under the age of 18 (eighteen) or is not legally permitted to enter into a binding agreement, then they may use the Website only with the involvement and supervision of a parent or legal guardian.
1.10. This Website is controlled, operated and administered by the Company from its offices within the Republic of South Africa. The Company makes no representation that the content of the Website is appropriate or available for use outside of South Africa. Access to the Website from territories or countries where the content of the Website is illegal is prohibited. Users 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.
1.11. The Company does not guarantee continuous, uninterrupted or secure access to their services, as operation of the Website may be interfered with as a result of a number of factors which are outside of their control.
1.12. If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and Conditions and the remaining provisions shall be enforced to the full extent of the law.
1.13. The Company’s failure to act with respect to a breach by the User or others does not constitute a waiver of its right to act with respect to subsequent or similar breaches.
1.14. The User shall not be entitled to cede their rights or assign their rights or delegate their obligations in terms of these Terms and Conditions to any third-party without the prior written consent of the Company.
1.15. The head notes to the paragraphs to these Terms and Conditions are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
1.16. Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.
2. What data is collected:
2.1. The Company collects various types of information on the User when they visit the Website.
2.2. User information is collected by browsing the page via Cookies and Log Information.
3. Website content:
3.1. The Company reserves the right to remove, improve, change and update the products, services and details quoted on the Website from time to time without notice.
3.2. The Company makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website, including without limitation:
3.2.1. The Company does not warrant that the Website or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality.
3.2.2. Whilst the Company has taken all reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the User’s system.
3.2.3. Whilst the Company has taken reasonable measures to ensure that the content of the Website is accurate and complete, the Company makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by the Company’s representatives, the Company shall not be bound thereby.
4. How data is collected:
4.1. The User directly provides the Company with most of the data collected when they:
4.1.1. Register online or place an order for any products or services.
4.1.2. Voluntarily complete a customer survey or provide feedback on any message boards or email.
4.1.3. Use or view the Website via the User’s cookies.
4.2. The Company may also receive data on the User indirectly from various social media sources.
5. How data is used:
5.1. The Company collects data on the User in order to:
5.1.1. Process orders.
5.1.2. Manage accounts.
5.1.3. Communicate special offers of the Company to the User.
5.1.4. Communicate special offers of other IG products and services the Company thinks the User might like.
5.2. The Company may share the User’s data with various third-party suppliers in order to fulfil orders, prevent fraud, process payment, etc.
5.3. With the User’s consent, the Company will share the User’s data with partner companies so that they may offer their products and services to the User.
5.4. These partner companies include, but is not expressly limited to:
5.4.1. Platinum Life,
5.4.2. The Box Fashion,
5.4.3. IPS Health and Wellness,
5.4.4. Besige Breintjies.
6. How data is stored:
6.1. The Company securely stores the User’s data on servers based in Ireland and South Africa. Information is transferred over a secure connection and stored in a password protected database.
6.2. The Company will keep the data of the User for a reasonable period.
6.3. A User may request the Company to delete any data. Upon receiving such request, the Company will delete requested data within a reasonable period.
7.2. The Company strives to offer comprehensive services and products to our clients.
7.3. For these purposes, the Company would like to send the User information about products and services of The Company that The User might like, as well as those of partner companies.
7.3.1. Platinum Life
7.3.2. The Box Fashion
7.3.3. IPS Health and Wellness
7.3.4. Besige Breintjies
7.4. If the User agreed to receive marketing, they may opt out at a later date.
7.5. The User has the right to stop the Company from contacting him/her for marketing purposes or giving their data to partner companies.
7.6. If the User wishes to no longer be contacted for marketing purposes, please inform the Company via email ([email protected]) or telephone (010 140 7141).
8. Data protection rights:
8.1. The User is entitled to the following:
8.1.1. The right to access: The right to request copies of his/her own data from the Company. A small fee may be charged by the Company for this service.
8.1.2. The right to rectification: The right to request that the Company correct any information the User believes is incorrect. As well as the right to request that the Company complete any information the User believes is incomplete.
8.1.3. The right to request erasure: The right to request the Company to erase the User’s personal data, under certain conditions.
8.1.4. The right to restrict processing: The right to request that the Company restrict the processing of the User’s personal data, under certain conditions.
8.1.5. The right to object processing: The right to object to the Company processing the User’s personal data, under certain conditions.
8.1.6. The right to data portability: The right to request the Company to transfer the User’s personal data that has been collected to another company, or directly to the User, under certain conditions.
8.2. If the User has a request regarding data protection rights, the Company has one (1) month to respond to such a request.
8.3. The User may contact the Company via these channels to exercise any of the abovementioned rights:
8.3.1. Email: [email protected]
8.3.2. Telephone: 010 140 7141
9. Website security:
9.1. In order to ensure the security and reliable operation of the services to all Users, the Company hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.
9.2. The User may not utilise the Website in any manner which may compromise the security of the Company’s networks or tamper with the Website in any manner whatsoever. This shall include without limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should the Company suffer any damage or loss, civil damages shall be claimed by the Company against the user.
9.3. Any User who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by the Company and its affiliates, agents and/or partners.
10. Third parties:
10.2. The Company may use the services of third parties to provide information on the Website. The Company has no control over this information and makes no representations or warranties of any nature as to its accuracy. The user agrees that such information is provided “as is” and that the Company and its online partners shall not be liable for any losses or damages that may arise from the User’s reliance on it, howsoever these may arise.
10.3. The Company may provide links to third-party Websites on the Website. These links are provided to the user for convenience purposes only and the Company does not endorse such Websites’ security practices and operations.
10.4. While the Company tries to provide links only to reputable Websites or online partners, the Company cannot accept responsibility or liability for the information provided on other Websites. Linked Websites or pages are not under, nor subject to, the control of the Company.
11.1. The Company reserves the right, in its sole discretion, to amend and/or replace these Terms and Conditions from time to time. Such amendments shall supersede and replace any previous Terms and Conditions and shall be made available on the Website. Each time the User accesses the Website and/or uses the services, they consent, by such access and/or use, to the Terms and Conditions, as amended and/or replaced by the Company from time to time.
12. Website usage restrictions:
12.1. The user hereby agrees that it shall not itself, nor through a third-party:
12.1.1. Copy, reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms and Conditions.
12.1.2. Decompile, disassemble or reverse engineer any portion of the Website.
12.1.3. Write and/or develop any derivative of the Website or any other software program based on the Website.
12.1.4. Modify or enhance the Website. In the event of a user effecting any modifications or enhancements to the Website in breach of these Terms and Conditions, such modifications and enhancements shall be the property of the Company.
12.1.5. Remove any identification, trademark, copyright or other notices from the Website.
12.1.6. Post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind.
12.1.7. The User shall comply with all applicable laws, statues, ordinances and regulations pertaining to the use of and access to the Website.
13. Intellectual property rights:
13.1. For the purpose of these Terms and Conditions, “Intellectual property rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by the Company, now or in the future, including without limitation, the Company’s rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.
13.2. All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website (“proprietary material”), are the property of, or are licensed to, the Company and as such are protected from infringement by local and international legislation and treaties.
13.3. By submitting reviews, comments and/or any other content (other than personal information) to the Company for posting on the Website, the User automatically grants the Company and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, the User retains any and all rights that may exist in such content.
13.4. All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Website is granted to the User.
13.5. Except with the Company’s express written permission, no proprietary material from this Website may be copied or retransmitted.
13.6. Irrespective of the existence of copyright, the user acknowledges that the Company is the proprietor of all material on the Website (except where a third-party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.
13.7. The Company authorises the User only to view, copy, temporarily download to a local drive and to print the content of this Website, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.
14. Risk, limitation of liability and indemnity:
14.1. The User’s use of the Website and the information contained on the Website is entirely at the User’s own risk and the User assumes full responsibility and risk of loss resulting from the use thereof.
14.2. The transmission of information via the internet, including without limitation email, is susceptible to monitoring and interception. The User bears all risk of transmitting information in this manner. Under no circumstances shall the Company be liable for any loss, harm, or damage suffered by the user as a result thereof. The Company reserves the right to request independent verification of any information transmitted via email and the User consents to such verification should the Company deem it necessary.
14.3. To the extent permissible by law:
14.3.1. Neither the Company, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the Website or any functionality thereof, or the information contained on the Website, or of any linked Website, even if the Company knows or should reasonably have known or is expressly advised thereof.
14.3.2. The liability of the Company for faulty execution of the Website as well as all damages suffered by the User, whether direct or indirect, as a result of the malfunctioning of the Website shall be limited to the Company rectifying the malfunction, within a reasonable time and free of charge, provided that the Company is notified within 2 days of the damage or faulty execution of the Website. This liability shall fall away and be expressly excluded if the User attempts to correct or allows third parties to correct or attempt to correct the Website without the prior written approval of the Company. However, in no event shall the Company be liable to the User for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the Website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.
14.3.3. The User hereby unconditionally and irrevocably indemnifies the Company and agrees to hold the Company free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by the Company or instituted against the Company as a direct or indirect result of:
18.104.22.168. The User’s use of the Website and/or any linked third-party Websites.
Software, programs and support services supplied by, obtained by or modified by the User or any third-party without the consent or knowledge of the Company.
22.214.171.124. The User’s failure to comply with any of the terms or any other requirements which the Company may impose from time to time.
126.96.36.199. The actions or requirements of any telecommunications authority or a supplier of telecommunications services or software.
Any unavailability of, or interruption in, the service which is beyond the control of the Company.
14.4. The Company makes no warranty or representation as to the availability, accuracy or completeness of the content of the Website. The User expressly waives and renounces all their rights of whatever nature that they may have against the Company for any loss suffered by the User, as a result of information supplied by the Company being incorrect, incomplete or inaccurate.
15. Contacting the Company:
15.1.1. Email: [email protected]
15.1.2. Telephone: 010 140 7141
15.2. The Company choses as its domicilium citandi et executandi (“Domicilium”) the address as:
15.2.1. PO Box 1152
15.3. Except as explicitly stated otherwise, any notices shall be given by email to [email protected] (in the case of the Company) or to the email address the User has provided to the Company (in the case of the User), or such other address that has been specified. Notice shall be deemed given 48 (forty-eight) hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, the Company may give the User notice by registered mail, postage prepaid and return receipt requested, to the address which they have provided. In such cases, notice shall be deemed given 7 (seven) days after the date of mailing. The User acknowledges that all agreements, notices or other communication required to be given in terms of the law or these Terms and Conditions may be given via electronic means and that such communications shall be “in writing”. Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.
16. Contacting the appropriate authority:
16.1. Should the User wish to report a complaint or feel that the Company has not addressed a concern in a satisfactory manner, the User may contact the Company Information Officer:
16.1.1. Elismari Hamman
16.1.2. Email: [email protected]
16.1.3. Cell: 072 204 3988
16.1.4. Registration number: 22339/2021-2022/IRRTT