Terms & Conditions

WEBSITE TERMS AND CONDITIONS AND PRIVACY POLICY

1. This website, including all content herein contained (“the Website”), is owned and operated by The Publishing Partnership (Pty) Ltd (Registration Number: 1997/001662/07) (“TPP”). Your access and/or use of this Website constitutes your agreement, or should you be a person under the age of 18 (Eighteen) (“minor”) accessing and/or utilizing this Website, your agreement, duly assisted by your parent or guardian (as the case may be), to be bound by the terms and conditions set out hereunder (“the Terms and Conditions”). All rights in and to the content of this Website remain at all times expressly reserved by TPP.
The following provisions are drawn to the attention of the user if the Consumer Protection Act 68 of 2008 (“the CPA”) applies to any transaction concluded pursuant to these Terms and Conditions (as defined below):

• in terms of clause 11 of these Terms and Conditions you acknowledge that you are aware that TPP may monitor and/or intercept electronic communications such as e-mails which are sent to this Website and consent thereto;
• in terms of clause 13.2 of these Terms and Conditions, TPP, its directors, shareholders and any related or interrelated persons (as defined in section 2 of the Companies Act 71 of 2008, as amended) to TPP, its directors and shareholders (collectively “TPP Related Parties”), its employees, suppliers, partners, affiliates and agents exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material appearing on this Website;
• in terms of clause 14.7 of these Terms and Conditions, to the maximum extent permitted in law, TPP excludes liability for any defects in the prize won in a Competition (as defined below);
• in terms of clause 14.9 of these Terms and Conditions, to the maximum extent permitted in law, TPP, its directors, shareholders, the TPP Related Parties and TPP’s officers, managers, employees and agents, exclude liability to any person for any injury, claim, loss or damage of any nature whatsoever, whether direct, indirect, consequential or otherwise, as a result of entering into, or arising from any cause whatsoever or howsoever arising from their participation in a Competition or the use of any prize won there under;
• in terms of clause 15.2 of these Terms and Conditions, TPP, to the maximum extent permitted in law, does not endorse, approve or certify information or advice or opinion appearing on this Website in accordance with such clause, does not guarantee the accuracy, completeness, efficacy or timeliness of such information or advice nor does it warrant in any way that the suitability or competency of any suppliers listed on the Website, or advice provided herein. Users are advised to obtain their own independent medical advice prior to undertaking any exercise and/or dietary regimes detailed on this Website;
• in terms of clause 15.3 of these Terms and Conditions, to the maximum extent permitted in law, neither TPP nor its directors and shareholders, nor any of the TPP Related Parties, shall incur any liability to any person for any injury, claim, loss or damage of any nature whatsoever, whether direct, indirect, consequential or otherwise, whatsoever or howsoever arising from their accumulation and/or usage of Beauty Points (as defined below) or usage of any Tester Products (as defined below) supplied to a Registered User (as defined below) by TPP, for and on behalf of a supplier pursuant to any Additional Registered User Activities (as defined below), or otherwise;
• in terms of clause 15.4 of these Terms and Conditions, to the maximum extent permitted in law, TPP, its directors, shareholders, the TPP Related Parties and their employees, suppliers, partners, affiliates and agents, accept no liability whatsoever for any loss, whether direct or indirect, consequential or otherwise arising from a user’s reliance on the information made available on (or by means of) the Website (or any of the pages therein contained) and/or transactions or actions resulting therefrom;
• in terms of clause 15.5 of these Terms and Conditions, to the maximum extent permitted in law, TPP, its directors, shareholders, the TPP Related Parties and their employees, suppliers, partners, affiliates and agents, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the access to, use of, or reliance on, this Website or any information or advice contained herein, in any manner;
• in terms of clause 15.6 of these Terms and Conditions TPP accepts no liability in connection with the fulfillment of any promotional offer displayed and/or described on the Website or for any goods or services supplied in relation thereto;
• in terms of clause 15.7 of these Terms and Conditions, to the maximum extent permitted in law, TPP accepts no liability whatsoever for any direct or indirect loss or damage arising from the use of third party websites, contents and/or features which can be accessed through the use of this Website;
• in terms of clause 15.8 of these Terms and Conditions, TPP does not warrant or represent that your access to the Website will be uninterrupted or error free or that any information, data, content, software or other material accessible through this Website will be free of bugs, viruses, worms, trojan horses or other harmful components. Your access to and use of this Website remains solely at your own risk;
• in terms of clause 16.1 of these Terms and Conditions, the user indemnifies and holds harmless TPP, its directors, shareholders, the TPP Related Parties, TPP’s employees, servants, subcontractors, partners, subsidiaries and affiliates from any demand, action or application or other proceedings, including for attorney’s fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of this Website, third party websites or any of the products and/or services and/or advice offered or ordered through such sites in any way;
• in terms of clause 16.2 of these Terms and Conditions, the user agrees to indemnify, defend and hold TPP harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s breach of these Terms and Conditions.
The effect of:
• the above exclusions and the reservation of risk are that the user may have limited or no recourse against the parties referred to above in the circumstances referred to above.
• the above indemnities are that the user may be liable to the parties referred to above in the circumstances referred to above.
• the above acknowledgment is that TPP may monitor and/or intercept electronic communications such as e-mails which are sent to this Website.

2. The terms “user”, “you” and “your” are used interchangeably in these Terms and Conditions and refer to all persons accessing this Website for any reason whatsoever (including, for the avoidance of any doubt, a Registered User (as defined below) regard being had to the context in which such term is utilised); provided that any transactions pursuant to which users accessing this Website purchase online advertising space on the Website from TPP are governed by separate terms and conditions (“the Advertising Terms and Conditions”). In the event of a conflict between these Terms and Conditions and the Advertising Terms and Conditions, these Terms and Conditions will prevail.

3. The Website is intended to provide information to users regarding various aspects of health, beauty and lifestyle and to enable users to enter into various promotional competitions conducted via the Website.

4. Users who have completed the registration process detailed in clause 6 below (“Registered Users”) will, in addition to the provisions of clause 3 above, be entitled to:

4.1 comment on various articles appearing on the Website;

4.2 comment on product reviews appearing on the Website;

4.3 send various queries to contributors to the Website; and

4.4 write product reviews which may be featured on the Website;

4.5 subject to the provisions of clause 7 below, engage in the Additional Registered User Activities (as defined below);

4.6 earn Beauty Points (as defined below) for engaging in the activities referred to in paragraphs 4.1 to 4.5 above.
The activities referred to in clauses 4.1 to 4.4. above are collectively hereinafter referred to as the “Registered User Activities”.

5. Please note that minors may only access and utilize this Website with the consent of such minor’s parent or guardian (as the case may be). By permitting a minor to access and/or utilize this Website, the parent or guardian (as the case may be) of such minor is deemed to have assisted the minor in entering into these Terms and Conditions.

6. Registration process and password security

6.1 Before a user can engage in any of the Registered User Activities or Additional Registered User Activities (as defined below), they are required to go through the full registration process – which process is completed once the user has confirmed their registration in the manner contemplated in clause 6.3 below.

6.2 Users are solely responsible for the correctness and completeness of information supplied during the registration process and for ensuring that such information is up to date.

6.3 Once you have provided TPP with your name, surname and e-mail address during the registration process, TPP will send a confirmatory e-mail to the e-mail address provided by you.

6.4 Users are solely responsible for the creation and safekeeping of their user name (if any) and password and will be responsible for all orders or other activities placed or performed while a user is logged into the Website under that user name and password.

6.5 Any auto-login functionality provided by the Website browser utilized by any user is used at the sole risk of the user and should not be enabled on any shared computers.

6.6 TPP reserves the right to request that a user change a password where there is reason to believe that there has been or is likely to be a misuse of information or breach of security.

7. Beauty Points programme

7.1 Registered Users will be able to accumulate points by engaging in the Registered User Activities and the Additional Registered User Activities (as defined below), as the case may be (“the Beauty Points”).

7.2 The accumulation, use and expiry of the Beauty Points are governed by these Terms and Conditions, together with any other terms and conditions appearing on the Website relating to the Beauty Points (“Beauty Point Terms and Conditions”). In the event of a conflict between these Terms and Conditions and the Beauty Point Terms and Conditions, the Beauty Point Terms and Conditions will prevail.

7.3 As Registered Users accumulate certain numbers of Beauty Points they will, subject to clause 7.4 below and in accordance with the Beauty Point Terms and Conditions, be entitled to engage in various further activities on the Website (“the Additional Registered User Activities”) which Additional Registered User Activities may, depending on the number of Beauty Points accumulated by a Registered User, include:

7.3.1 being sent products by TPP, for and on behalf of various product suppliers, to be tested by such Registered Users (“Tester Products”);

7.3.2 writing Tester Product reviews which may be featured on the Website.

7.4 If a Registered User is inactive on the Website for a period of two months or longer, he/she will lose 100 points.

7.5 Beauty Points may not be utilised as consideration for any of the goods or services appearing on this Website, nor may they be exchanged for cash, transferred or sold by the Registered User who has accumulated such Beauty Points.

7.6 TPP reserves the right to modify and/or suspend the Beauty Points programme or any aspect thereof on 20 (Twenty) Business Days’ notice to Registered Users, which notice will be sent to the e-mail addresses provided by such Registered Users to TPP during the registration process detailed above. For the purposes hereof a “Business Day” shall mean any day other than a Saturday, Sunday or a public holiday in the RSA.
[Drafting Note: Please note, including the provisions of section 35(5) of the CPA.]

7.7 Tester Products sent to Registered Users are solely to be used for the purposes of writing Tester Product reviews which may be featured on the Website (“the Tester Review”). By writing a Tester Review and uploading same onto the Website, the Registered User hereby cedes, assigns, transfers and makes over to TPP any and all of his/her right, title and interest in and to any and all copyright(s) subsisting in such Tester Review. The Registered User undertakes that it will not publish, nor will he/she cause to be published, either the full Tester Review or an edited version thereof on any platform whatsoever other than the Website, regardless of whether or not such Tester Review has been uploaded by the Registered User onto the Website.

8. Intellectual property protection

8.1 All trade marks, copyright, database rights, information, artwork, graphics and other intellectual property rights in the materials on this Website (as well as the organisation and layout of this Website) together with the underlying software code, the domain name “beautysouthafrica.com” and the marks “The Publishing Partnership” and “TPP”, “beauty points” and “beautysouthafrica” (collectively, “the intellectual property”) are owned (or co-owned, as the case may be) by TPP, its directors, shareholders, principals, associates, suppliers and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to the user herein, all other rights to all intellectual property on this Website are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, graphics or other material on this Website or the underlying software code whether in whole or in part, without the written consent of TPP first being had and obtained, which consent may be refused at the discretion of TPP. Permission to use the intellectual property and/or editorial content of and/or graphics on this Website may be granted on a case by case basis and/or in regard to TPP’s corporate policies from time to time. No modification of any intellectual property or editorial content or graphics is permitted. Any enquiries in this regard must be directed to TPP at info@tppsa.co.za.

8.2 TPP grants to users a personal, non-exclusive, non-assignable and non-transferable license to use, print and display all content and information contained in this Website on any machine of which the user is the primary user for non-commercial purposes only. Save as aforesaid, nothing contained on this Website should be construed as granting any licence or right to use any intellectual property without the prior written permission of TPP.

8.3 You may only use this Website in accordance with these Terms and Conditions and, in any event, for lawful and proper purposes which includes complying with all applicable laws, regulations and codes of practice within the RSA or other jurisdiction from which you are accessing this Website.

8.4 In particular, you agree that you will not:

8.4.1 post, transmit or disseminate any information (including, but not limited to any text, editorial content, photographs, graphics, videos and/or sound recordings) on or via this Website which:

8.4.1.1 contains any obscene, indecent or offensive language and/or graphics;

8.4.1.2 is, or may be, false, abusive, hateful, harmful, obscene, defamatory or otherwise illegal;

8.4.1.3 any party other than yourself holds any rights to (including any intellectual property rights) without the necessary permission of such party first being had and obtained (which shall include, in respect of intellectual property rights, such party having granted you a license to utilise any such intellectual property rights);

8.4.1.4 is encrypted, or constitutes junk mail or unauthorised advertising;

8.4.1.5 encourages conduct that is, or may, constitute a criminal offence or give rise to any civil liability of TPP of whatsoever nature, or that otherwise violates any South African, or international, law or regulation (including, without limitation, the Consumer Protection Act 68 of 2008 (“the CPA”) and any regulations thereto);

8.4.2 use this Website in a manner which causes or may cause an infringement of the rights of any other person;

8.4.3 use any software, routine or device to disrupt or interfere, or attempt to disrupt or interfere, electronically or manually with the operation or functionality of this Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means;

8.4.4 deface, alter or interfere with the front end ‘look and feel’ of this Website or the underlying software code.

8.5 By posting or submitting information on, or to, this Website, you warrant that any such information submitted or posted by you (as the case may be) to or on the Website does not, and will not, violate any right of any third party, including intellectual property, privacy or any other personal or proprietary right.

8.6 Without prejudice to any of TPP’s other rights (whether at law or otherwise), TPP reserves the right to deny you access to this Website where TPP believes (in its sole discretion) that you are in breach of any of these Terms and Conditions.

8.7 TPP reserves the right to make improvements or changes to the intellectual property, information, artwork, graphics and other materials on this Website, or to suspend or terminate this Website, at any time without notice.

9. Receipt and transmission of data messages

9.1 Data messages, including e-mail messages, sent by users to TPP shall be deemed to be received only when acknowledged or responded to.

9.2 Data messages sent by TPP to users shall be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.

9.3 TPP reserves the right not to respond to any e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take the appropriate action against the sender of such e-mail where necessary.

9.4 Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. TPP is therefore not responsible for accuracy of any message sent by email over the internet – whether from TPP to you or from you to TPP.

10. Personal Information

10.1 We collect, collate, process, export and use the following types of information about you when you use this Website:

10.1.1 information provided by you. We may collect personal information (that is information about you that is personally identifiable like your name, physical address, e-mail address, age, gender, e-mail address, phone number(s), text, photographs, graphics, videos, sound recordings and other unique information such as passwords, product and service preferences and contact preferences that are not otherwise publicly available) to the extent that you provide us with same; and

10.1.2 information posted by you to the Website, such as text, photographs, graphics, videos, sound recordings; and

10.1.3 information that is collected automatically. TPP receives and stores information which is transmitted automatically from your computer when you browse the internet. This information includes information from cookies (which are described in clause 10.2 below), your Internet Protocol (“IP”) address, browser type, web beacons (which are electronic files that allow a web site to count users who have visited that page or to access certain cookies), embedded web links, and other commonly used information-gathering tools. These tools collect certain standard information that your browser sends to the Website such as your browser type and language, access times, and the address of the website from which you arrived at the Website. Your IP address is the unique address of your computer which is automatically provided to other computers when your web browser or email application requests a web page or email from those computers on the internet. TPP may also use some of these automatic data collection tools in connection with certain emails sent from TPP and therefore may collect information using these tools when you open the email or click on a link contained in the email.

10.2 Cookies are a form of internet technology. Websites may use cookies to provide useful features for their users. Cookies are files that are written or downloaded to your computer’s hard drive when you access a website. They may allow us to store and quickly retrieve login information on your computer and provide data that we can use to improve the quality of our service. Internet browsers may be initially set up to accept cookies. You can, however, set your browser to refuse cookies, although you may not be able to take full advantage of the Website if you do so.

10.3 TPP may link information stored in cookies such as your age, gender and country with your personally identifiable information and we may use such information to gather statistics about the number of people who visit the Website and to customize, amongst other things, our content, layout and services for delivery to you.

10.4 Our advertising partners may set and access cookies or use other technologies such as web beacons (which are electronic files that allow a web site to count users who have visited that page or to access certain cookies) in order to personalise advertising content. Use by these advertising partners of their own cookies and any other tracking technologies are subject to their privacy policies. TPP uses its reasonable efforts to ensure that its advertising partners are operating privacy policies that are in accordance with our own privacy standards as set out in herein.

10.5 Use and Disclosure of information

10.5.1 TPP may use your information to, amongst other things:

10.5.1.1 communicate with you about ourselves and/or various products and/or services;

10.5.1.2 provide service and support;

10.5.1.3 update you on new products, services and benefits;

10.5.1.4 provide personalized promotional offers;

10.5.1.5 select content to be communicated to you;

10.5.1.6 allow you to participate in contests and surveys;

10.5.1.7 contact you for market research regarding products or services;

10.5.1.8 allow you to access this Website through the use of specially designed application software.

10.5.2 In addition, TPP may use information about your product and/or service interests, Beauty Points accumulation and usage and promotional competition entries to help us improve the Website design.
10.5.3 TPP may use your email address to contact you from time to time and may also use it for security reasons to confirm that you are who you say you are.

10.5.4 TPP may use the information collected automatically, such as your IP address and information stored via cookies, to gather statistics about the number of people who visit the Website and to customise our Website content, layout and services. We may share this information with third parties to help us improve and better serve our users.

10.5.5 Advertisements may be delivered to you by our advertising partners. TPP may however transfer information about your use of the Website, such as your IP address and information stored via cookies, to our advertising partners and other third parties. This information may be used to provide advertising, promotions and other products and services that may be of particular interest to you.

10.5.6 TPP’s advertising and promotions partners have no access to your name or personal contact information stored by us unless you choose to share it with them. We will not provide your name or personal contact information to an advertising partner when you interact with or view a targeted advertisement.

10.5.7 TPP may provide your personally identifiable information and the data generated by cookies and the aggregate information to the vendors, service providers and service agencies that we may engage to assist us in providing our products and services to you. Such vendors and service agencies will be obligated to use your personally identifiable information solely to provide the products and/or services to us.

10.5.8 TPP will disclose your personally identifiable information if we reasonably believe we are required to do so by law, regulation or other government authority or to protect the rights and property of TPP, its affiliates or the public. TPP may also co-operate with law enforcement in any official investigation and we may disclose your personally identifiable information to the relevant agency or authority in doing so.

10.5.9 TPP reserves the right to transfer your personal information in the event of a transfer of ownership, such as acquisition by, or merger with, another entity. If any acquiring entity should plan to materially change this the terms hereof, we will notify you beforehand.

10.5.10 By posting any information to this Website (including, but not limited to any text, photographs, graphics, videos and/or sound recordings) you grant to TPP any all rights necessary to enable us to make this information available on the Website, including the right to edit such content in our sole discretion. We will try to credit you as the source of the information, where possible.

10.5.11 Circumstances may arise where, whether for strategic or other business reasons, TPP decides to sell, buy, merge or otherwise reorganize its business. Such a transaction may involve the disclosure of personal information to prospective or actual purchasers, or the receipt of it from sellers. It is TPP’s practice to seek reasonable protection for information in these types of transactions.

10.6 Access to and accuracy of your information

10.6.1 TPP strives to keep your personal information accurately recorded. We have implemented technology, management processes and policies to help maintain data accuracy. TPP provides individuals with the reasonable ability to review and correct it or ask for anonymization, blockage, or deletion, as applicable.

10.6.2 To protect your privacy and security, we will also take reasonable steps to verify your identity. To change the personal information that you directly provided to TPP you can contact TPP at info@tppsa.co.za.

10.6.3 You are entitled to request access to any relevant personal data held by the TPP as laid out in the Promotion of Access to Information Act 2 of 2000 and where such access is necessary for you to exercise and/or protect any of your rights.

10.7 TPP voluntarily subscribes to the principles outlined in section 51 of the Electronic Communications and Transactions Act 2 of 2000 (as amended) (“the Principles”). In the event of a breach by TPP of the Principles (or any of them):

10.7.1 TPP shall have no obligations to the user; and

10.7.2 the user shall have no rights against TPP; and

10.7.3 TPP shall not be liable to the user for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from such beach by TPP of the Principles (or any of them).

11. Monitoring and interception of data messages
In order to provide a relevant and secure service and to promote the secure and efficient operation of the Website, and where required to do so by law, TPP may monitor and/or intercept electronic communications such as e-mails which are sent to this Website. To the full extent necessary under law, the user hereby acknowledges that he or she is aware of such potential monitoring and/or interception and consents thereto.

12. Hyperlinks, deep links & framing

12.1 This Website may include links to other internet sites (“the other sites”). TPP does not endorse the other sites and is not responsible for the information, material, products or services contained on or accessible through those other sites. Any such hyperlinks do not imply any endorsement, agreement on or support of the content, products and/or services of such target sites.

12.2 Your access and use of the other sites remains solely at your own risk.

12.3 Hyperlinks to the Website from any other source shall be directed at the home page of this Website and shall not portray TPP or its directors, shareholders, or any related or interrelated persons (as defined in section 2 of the Companies Act 71 of 2008, as amended) to TPP, its directors or shareholders, associates, partners or their products and/or services in a false, misleading, derogatory, or otherwise offensive matter. Links beyond the home page of this Website may only be used with TPP’s prior written consent. It is expressly prohibited for any person, business, entity, or website to frame any page on this Website, including the home page, in any way whatsoever, without the prior written approval of TPP.

13. Advertising and sponsorship

13.1 This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in this Website complies with all applicable laws and regulations, including, for the avoidance of any doubt, the CPA.

13.2 TPP, its directors, shareholders and any related or interrelated persons (as defined in section 2 of the Companies Act 71 of 2008, as amended) to TPP, its directors and shareholders (collectively, “TPP Related Parties”), its employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.

14. Promotional competitions
The following rules detailed in this clause 14 (“the Rules”), as supplemented by any other rules which are specifically provided in any offer to participate in a particular Competition (“the Supplemental Rules”), shall apply to each competition conducted through the Website (“the Competition”). In the event of a conflict between the Rules and the Supplemental Rules, the Rules will prevail:

14.1 The Supplemental Rules in respect of each particular Competition will, to the extent that same is not detailed in these Rules (whether in part or in full), detail:

14.1.1 the prize(s) in respect of such Competition, subject to clause 14.8 below; and/or

14.1.2 the steps required to accept the offer or to participate in the Competition; and/or

14.1.3 the number of entries permitted by a single entrant to such Competition; and/or

14.1.4 the basis on which the results of such Competition will be determined; and/or

14.1.5 the closing date for entries into such Competition; and/or

14.1.6 the date on which and the medium through or by which, the results of the Competition will be made known; and/or

14.1.7 any person from whom, any place where and the date and time on or at which:

14.1.7.1 a person may obtain a copy of the Competition rules (being these Rules, as supplemented by the Supplemental Rules); and/or

14.1.7.2 a successful participant in the Competition may receive any prize.

14.2 To enter a particular Competition users are required to:

14.2.1 click on the “Win” button on the Website and select the particular Competition that they wish to participate in; and

14.2.2 answer the question posed in respect of the particular Competition correctly in English; and

14.2.3 enter their name, surname, e-mail address and telephone or cellular telephone contact number; and

14.2.4 confirm that they have read and understood these Terms and Conditions.

14.3 Each Competition may only be entered into by users who are over the age of 18 years old and who are resident in the RSA.

14.4 Winners of each Competition will be randomly selected.

14.5 In the event of a dispute in respect of any aspect of the Competition, TPP’s decision is final and no correspondence will be entered into.

14.6 No persons who are directors, members, partners, employees or agents of, or consultants to TPP, its marketing service provider(s) utilised in connection with a particular Competition, any supplier of goods or services in connection with a particular Competition, any other person who directly or indirectly controls, or is controlled by, them, or any spouse, life partner, parent, child, brother, sister, business partner or associate of any of such persons, may enter such Competition.

14.7 Each prize won in terms of a particular Competition is non-refundable, non-transferable, non-exchangeable and may not be redeemed for cash. To the maximum extent permitted in law, TPP excludes liability for any defects in the prize.

14.8 The prize for a particular Competition shall be the prize detailed in the offer on the Website to participate in such Competition; provided that if any co-promoter or supplier with whom TPP conducts a particular Competition fails or neglects to provide the prize, then a replacement prize, to be determined at the reasonable discretion of TPP, shall be provided.

14.9 To the maximum extent permitted in law, TPP, its directors, shareholders, the TPP Related Parties and TPP’s officers, managers, employees and agents, shall not incur any liability to any person for any injury, claim, loss or damage of any nature whatsoever, whether direct, indirect, consequential or otherwise, as a result of entering into, or arising from any cause whatsoever or howsoever arising from their participation in, a Competition or the use of any prize won there under (any such prizes being utilized at the own risk of any winner thereof).

14.10 In respect of prizes not sent by post or other electronic means, winners will be required on receipt of a prize, to complete and sign an acknowledgment of receipt of such prize.

14.11 Participation by the entrants in a Competition constitutes an agreement to abide by these Rules. Any person failing to comply with these Rules will not be entitled to participate in a Competition or be disqualified from the Competition.

14.12 TPP, its directors, shareholders, the TPP Related Parties and/or TPP’s marketing service provider(s) utilised in connection with a particular Competition and/or any supplier of goods or services in connection with a particular Competition may, before or after the winner of a Competition has been publicly announced, require that a winner permit the use of their image and/or name in its marketing material and/or participate in its marketing activities (including endorsing, promoting and/or advertising the services of TPP and/or any such party) (“the Invitation”). The winner has the right to decline the Invitation. Should the winner fail to decline the Invitation by telephone: Irene Stewart 021 – 424 3517 or e-mail: info@tppsa.co.za within 3 (Three) days of being notified that he/she is a winner of the Competition, then such winner shall be deemed to have accepted the Invitation and granted their permission and/or agreed to participate in the manner as aforesaid.

14.13 Each Competition shall comply with, and will be subject to, any peremptory provisions of the CPA and the regulations promulgated thereunder, which are deemed to be incorporated into these Rules (“Peremptory Provisions”). In the event of any conflict between these Rules and/or the Supplemental Rules and the Peremptory Provisions, the latter shall prevail. Copies of the CPA and the regulations promulgated thereunder are available on the Department of Trade and Industry Website: www.dti.gov.za.

14.14 Any provision of these Rules and/or the Supplemental Rules which is held to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions thereof and furthermore shall be governed by the provisions of clause 17.13 mutatis mutandis.

15. Disclaimers

15.1 This entire Website, including any intellectual property appearing hereon, is provided “as is” and “as available”. TPP makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Website or the information contained in it.

15.2 All information supplied by product and/or service suppliers and any opinions and/or advice expressed by any Registered User (including pursuant to a review published on this Website), employee, independent contractor or service provider of TPP or any advertiser or product or service supplier in relation to any products and/or services, and/or any other information or advice provided to users on this Website are those of the authors and not TPP. While TPP makes every reasonable effort to present such information accurately and reliably on the Website, TPP, to the maximum extent permitted in law, does not endorse, approve or certify such information or advice, does not guarantee the accuracy, completeness, efficacy or timeliness of such information or advice nor does it warrant in any way that the suitability or competency of any suppliers listed on the Website, or advice provided herein. Users are advised to obtain their own independent medical advice prior to undertaking any exercise and/or dietary regimes detailed on this Website.

15.3 To the maximum extent permitted in law, neither TPP nor its directors and shareholders, nor any of the TPP Related Parties (collectively, “TPP parties”), shall incur any liability to any person for any injury, claim, loss or damage of any nature whatsoever, whether direct, indirect, consequential or otherwise, whatsoever or howsoever arising from their accumulation and/or usage of Beauty Points or usage of any Tester Products supplied to a Registered User by TPP, for and on behalf of a supplier pursuant to any Additional Registered User Activities, or otherwise. To the extent necessary in law the provisions of this clause 15.3 shall constitute a stipulatio alteri (i.e. a contract in favour of a third party) in favour of the TPP parties, the benefit whereof may be accepted by any or all of them at any time, from time to time.

15.4 To the maximum extent permitted in law, TPP, its directors, shareholders, the TPP Related Parties and their employees, suppliers, partners, affiliates and agents, accept no liability whatsoever for any loss, whether direct or indirect, consequential or otherwise arising from your reliance on the information made available on (or by means of) the Website (or any of the pages therein contained) and/or transactions or actions resulting therefrom.

15.5 To the maximum extent permitted in law, TPP, its directors, shareholders, the TPP Related Parties and their employees, suppliers, partners, affiliates and agents, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the access to, use of, or reliance on, this Website or any information or advice contained herein, in any manner.

15.6 Any promotional offers displayed and/or described on the Website are made by individual suppliers of the goods and/or services referred to therein and not by TPP. To the maximum extent permitted in law, TPP will not be liable for the fulfilment of any promotional offers, nor for the quality of any promotional offer fulfilled by the Restaurant nor for any typographical errors in the descriptions of any of the promotional offers.

15.7 TPP has no control over third party content and features which can be accessed through the use of this Website and does not examine or edit such content and features or act as an agent for third parties accessible through this Website. As such and to the maximum extent permitted in law, TPP, its directors, shareholders, the TPP Related Parties, TPP’s employees, suppliers, partners, affiliates and agents shall not be liable whatsoever for any direct or indirect loss or damage arising from the use of third party websites, contents and/or features.

15.8 TPP does not warrant or represent that your access to the Website will be uninterrupted or error free or that any information, data, content, software or other material accessible through this Website will be free of bugs, viruses, worms, trojan horses or other harmful components. Your access to and use of this Website remains solely at your own risk.

16. Indemnities

16.1 The user indemnifies and holds harmless TPP, its directors, shareholders, the TPP Related Parties, TPP’s employees, servants, subcontractors, partners, subsidiaries and affiliates from any demand, action or application or other proceedings, including for attorneys fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of this Website, third party websites or any of the products and/or services and/or advice offered or ordered through such sites in any way.

16.2 The user agrees to indemnify, defend and hold TPP harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s breach of these Terms and Conditions.

17. General

17.1 This document, together with the Beauty Point Terms and Conditions, contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 17.6 below, no alteration, consensual cancellation, variation of, or modification or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms and Conditions or their duly authorised representatives.

17.2 No indulgence, leniency or extension of time granted by TPP shall constitute a waiver of any of TPP’s rights under these Terms and Conditions and, accordingly, TPP shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.

17.3 Words importing the singular will include the plural, and vice versa, and words importing the masculine gender will include the feminine and neuter genders, and vice versa, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.

17.4 The headings to the paragraphs to the Terms and Conditions are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.

17.5 The use of the word “including” followed by a specific example shall not be construed as limiting the meaning of the general wording preceding it and the eiusdem generis rule (i.e. the rule that the meaning of general words or terms in a contract that are used in association with specific words or terms which are species of a particular class, should be restricted to that particular class) shall not be applied in the interpretation of such general wording or such specific example.

17.6 TPP may amend, vary and/or modify these Terms and Conditions and/or the Beauty Points Terms and Conditions at any time, and such amendment, variation and/or modification shall be effective immediately upon posting of the amended, varied and/or modified Terms and Conditions and/or Beauty Points Terms and Conditions on this Website (“the modified Terms and Conditions). Accordingly, your continued access or use of this Website is deemed to be your acceptance of the modified Terms and Conditions and, for the avoidance of any doubt, any reference herein to the phrase “Terms and Conditions” or “Beauty Points Terms and Conditions” (as the case may be) shall be to the modified Terms and Conditions.

17.7 Your access and/or use of this Website, any downloaded material from it and the operation of these Terms and Conditions shall be governed by and construed in accordance with the laws of the RSA.

17.8 The parties consent to the exclusive jurisdiction of the courts of the RSA. In terms of Section 45 of the Magistrate’s Courts Act (no 32 of 1944, as amended) or any comparable legislation, both parties consent to the jurisdiction of a Magistrate’s Court having jurisdiction in respect of any action arising between TPP and the user.

17.9 You hereby consent to receive any and all approaches and/or communications from TPP, its directors, shareholders, the TPP Related Parties, TPP’s agents and/or their marketing service providers (whether via e-mail or otherwise) whether for the purposes of direct marketing or otherwise. Should you not wish to receive any approaches and/or communications as aforesaid, kindly address an e-mail to info@tppsa.co.za advising TPP of same.

17.10 TPP is a member of the Digital Media and Marketing Association and a subscriber to its code of conduct (which code of conduct is available at http://www.dmma.co.za).

17.11 Should you have any complaints or queries, kindly address an e-mail to info@tppsa.co.za advising TPP of same, or alternatively contact TPP at 021 – 424 3517.

17.12 In the event of the user breaching the terms of these Terms and Conditions, the user shall be liable for all legal costs (on the scale as between attorney and own client) (including collection commission) which may be incurred by TPP arising therefrom.

17.13 Each sentence, paragraph, term, clause and provision of these Terms and Conditions and any portion thereof will be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation (including, without limitation, the CPA and any regulations thereto) or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and will not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which will continue to be given full force and effect and bind the parties hereto.

17.14 No term or condition of these Terms and Conditions is intended to breach any peremptory provisions of the CPA and any regulations thereto, to the extent that same is applicable hereto (“Prohibited Provision”). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 17.13 mutatis mutandis.

17.15 If any provision of these Terms and Conditions is found by any Court to be unfair as contemplated in Regulation 44 (to the extent that such Regulation is applicable hereto), then that provision will apply to the maximum extent permitted under the CPA and will further be governed by the provisions of clause 17.13 mutatis mutandis..

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