Website Use Policy and Terms and Conditions

Website use terms and conditions

These terms and conditions are binding and enforceable against all persons that access the Simply Bee website or any part thereof (the Simply Bee 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 Simply Bee 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:

• “Simply Bee” means the Simply Bee web site located at simplybee.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 Simply Bee information available on from restricted pages of the Simply Bee site.
• “User” means any person who enters or uses the Simply Bee website, notwithstanding the fact that such a person only visited the home page of the Simply Bee website.
• Reference herein to the singular includes the plural and visa 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.

General

• Simply Bee Natural beeswax products (Pty) Ltd is a specialized leader in manufacturing and distributing of the Simply Bee range of skin care products and beeswax products.
• Certain pages of this website are only accessible through username and passwords and users accessing those pages are required to accept Simply Bee’s Content Use License by indication agreement hereto.

Allowed use and licence

• Simply Bee licenses the user to view, download and print the content of the Simply Bee website, provided that such content is used for personal, education and/or non-commercial purposes only.
• Content from the Simply Bee website shall not be used or exploited by users for any commercial and non-private purposes without the prior written consent of Simply Bee.
• Users may only access and use the Simply Bee website for legal purposes.
• The caching of the Simply Bee website shall only be allowed if:
  • The purpose of the caching is to make the onward transmission of the content from the Simply Bee 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 Simply Bee;
• If any user uses content from the Simply Bee website in breach of the provided details herein:
  • Simply Bee reserves the right to claim damages from the user
  • Simply Bee reserves the right to institute criminal proceedings against the user; and
  • Simply Bee shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the suer or any third party who obtained any content from the user.
• Hyperlinks to the Simply Bee website from any other source shall be directed at the home page of the Simply Bee website. Simply Bee shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of the content from the Simply Bee website, if such content was accessed through a hyperlink not directed at the home page of the Simply Bee website. Persons that wish to link to content beyond the home page of Simply Bee website, shall do so at their own risk and indemnify Simply Bee against any loss, liability or damage that may result from the use of content from the Simply Bee website, if such content was accessed through a hyperlink not directed at the home page of the Simply Bee website. Simply Bee’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 Simply Bee website only if such quotes are placed in inverted commas and it’s origin acknowledged.
• No persons may frame the Simply Bee website, in any manner whatsoever, without the prior written consent of Simply Bee.
• Apart from bona-fide search engine operations and use of the search facility provided on the Simply Bee 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 Simply Bee website for any purposes, without the prior written consent of Simply Bee.
• 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 Simply Bee at any time without giving reasons therefore.

Intellectual property rights and domain use

• All intellectual property on the Simply Bee 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 Simply Bee and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the suer in clause 2, all other rights to intellectual property on the simply bee website are expressly reserved.
• “Simply Bee Natural Beeswax Products”, “Simply Bee Honey”, “Simply Beeswax”, “Natural Beeswax Products”, “Simply Bee Natural Beeswax logo”, ” Simply Bee” are
• 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 Simply Bee at the cost of the User.

Software and equipment

• It is the responsibility of the user to acquire and maintain at his/her own expense, the computer hardware, software and access accounts required to access the internet and the Simply Bee website and/or download content from this website.

Disclosures required by section of the act

• Access to the services, content, software and content downloads available from the Simply Bee 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 Simply Bee has the duty to disclose the following information:
• Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
  • Access to the Simply Bee website;
  • The inability to access the Simply Bee website;
  • The services and content available from the Simply Bee 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 Simply Bee website with Simply Bee at info@simplybee.co.za.
• Membership of self regulatory or accreditation bodies and codes of conduct (As beekeepers) to which Simply Bee currently subscribes: DAFF, SABIA & WCBA
• The official email address of Simply Bee is: info@simplybee.co.za
• The website address of Simply Bee is: simplybee.co.za
• Main business: Simply Bee natural Beeswax Products manufactures and distributes a range of environmentally safe skin care and other honey, beeswax and propolis products. Simply Bee natural beeswax products distributes its products both locally in South Africa, and internationally.
• Physical Address for receipt of legal service: 31 A Church street, Hopefield, 7355, South Africa,
• Postal Address: P.O.Box 181, Hopefield, 7355
• Street Address: 31 A Church street, Hopefield, 7355. South Africa
• The full name and legal status of the web site owner: Simply Bee Natural Beeswax Products (Pty) Ltd.

Changes and amendments

Simply Bee 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 Simply Bee website; and/or
• Change the software and hardware required to access and use the Simply Bee website

Privacy

• Simply bee 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
• Simply Bee may electronically collect, store and use the following personal information of users:
  • Name and surname;
  • Contact numbers;
  • Non-personal browsing habits and click patterns;
  • Email address, and
  • IP address
• Simply Bee collects, stores and uses the above-mentioned information for the following purposes:
  • Communicate requested information to the user; and
  • To compile non-personal statistical information about browsing habits, click patterns and access to the Simply Bee website;
  • Information detailed above is collected either electronically by using cookies or is provided voluntarily by the user. Users may determine cookie use independently through their browser settings.
• Simply Bee may collect, maintain, save, compile, share, disclose and sell any information collected from suers, subject to the following provisions:
  • Simply Bee shall not disclose personal information from users unless the user consents thereto;
  • Simply Bee shall disclose information without the users consent only through due legal process; and
  • Simply Bee may complete, use an share any information that does not relate to any specific individual,
  • Simply Bee owns and retains all rights to non-personal statistical information collected and compiled by Simply Bee

Hyperlink to third party sites

• Simply Bee may provide hyperlinks to websites not controlled by Simply Bee (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites; and
• Simply Bee does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, or inability to access or content available on or through such target site;

Security

• Simply Bee shall take all reasonable steps to secure the content of the Simply Bee web site and the information provided by and collected from suers for unauthorised access and/or disclosure. However, Simply Bee doesn’t make any warranties or representation that content shall be 100% safe an secure;
• Simply Bee is under no legal duty to encrypt any content or communications from and to theSimply Bee website and is also under no legal duty to provide digital authentication of any page on theSimply Bee website;
• Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code such as computer viruses, to the simply bee web site or the server and computer network that support the Simply Bee website.
• Notwithstanding criminal prosecution, any person who delivers any damaging code to eh simply bee website, whether on purpose of negligently, shall, without limitation, indemnify and hold simply bee harmless against any and all liability, damages and losses simply bee and it’s partners/affiliates may suffer as a result of such damaging code;
• Users may not develop, distribute or use any devise to breach or overcome the security measure of the product and Simply Bee reserve the right to claim damages any and all person concerned with a security failure or breach; and
• Any user who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability loss or damages suffered and/or incurred by Simply Bee and it’s partners/affiliates. The ECT Act may be downloaded from:

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

Disclaimers and limitation of liability

• Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, Simply Bee (including the owners, employees, suppliers, internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:

• Any other reason not directly related to theSimply Bee’s gross negligence.
• Downloads and use of content from theSimply Bee website;
• Services available from the Simply Bee website;
• Content available on the Simply Bee web site;
• Inability to access the web sites linked to the Simply Bee site;
• Inability to access the Simply Bee website
• Access to websites linked to the Simply Bee site;
• Access to the Simply Bee website;
• The Simply Bee website is supplied on an “as is” basis and has not been compiled to meet the user’s individual requirements. It is the responsibility of the suer to satisfy himself or herself, prior to entering into agreement with Simply Bee, that the content available from and through the Simply Bee website meet the user’s individual requirements and is compatible with the user’s computer hardware and/or software.
• Information, ideas and opinions expressed on the Simply Bee website should not be regarded as professional advice or the official opinion o fSimply Bee and users are encourage to consult professional advice before taking any course of action related to the information, idea or opinions expressed on the Simply Bee website.
• Simply Bee does not make any warranties or representation that content and services available from the Simply Bee website will in all cases be true, correct or free from any errors.
• Simply Bee shall take all reasonable steps to ensure the quality and accuracy of content available from the Simply Bee website.
• Simply Bee does not make any warranties or representations that the Simply Bee website shall be available at all times. Users acknowledge that that Simply Bee website may be unavailable due to updates or other causes beyond the reasonable control of Simply Bee, including, but not limited to virus infections, unauthorised access, power failure or other “acts of God”.

Access to content downloads

• Users who require access to content downloads from the Simply Bee web site, shall address a request to Simply Bee via email and include the following:
  • Name of applicant
  • Street address
  • Postal address
  • Company
  • Telephone number
  • Facsimile number
  • E-mail address
  • Reason content is required
  • Manner in which content will be used; and the nature and scope of content required
  • Upon approval of a content download application, Simply Bee shall allocate a username and password to the client; and
  • Upon entry into the restricted pages of this web site, the applicant shall be requested to accept the content of use licence.

Removal and correction of content

Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and /or harmful content available from the Simply Bee website to Simply Bee and Simply Bee undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.

Interception of communication

• Subject to the provisions of the regulation of interception of communications (RIC) Act 70 of 2002, the User agrees to Simply Bee’s right to intercept, block, filter, read, delete, disclose and use all communications sent or posted by the user to the Simply Bee website, it’s staff and employees; and
• The suer agrees and acknowledges that the consent provided by the user in
• Clause 12.1 satisfies the “writing” requirement as details in the ECT Act and the RIC Act.

Entire agreement and severability

• Subject to the provisions of the content use licence, these terms and conditions constitute the entire agreement between Simply Bee and the suer shall take precedence over any disclaimers and/or legal notices attached to any communications and/or postings received by Simply Bee from the user.
• Any failure by Simply Bee to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
• In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.

Agreement in terms of section of the ect act

the user and Simply Bee agree that

• The user shall be bound to these terms and conditions and such agreement is concluded in Hopefield (South Africa) at the time the user enters the Simply Bee website for the first time or immediately after the User to Simply Bee indicated consent as required in content use agreement.
• Data message (as defined in the ECT Act) addressed by the User to Simply Bee shall only be deemed to be received by the User as detailed in section 23 (b) of the ECT Act.
• Data messages (as defined in the ECT Act) address by the User to Simply Bee shall be deemed to have been created and set by the User from within the geographical boundaries of South Africa;
• Electronic signatures, encryption and /or authentication is not required for valid electronic communication between the User and Simply Bee from a computer, IP address or mobile device normally used by or owned by the Users, was sent and/or authorised by the User personally.

Legal costs

Simply Bee shall not be liable for costs incurred by users to obtain professional advice relating to these terms and conditions.