UBELLA WEBSITE USAGE BY CLIENT/CUSTOMER
Terms & Conditions
UBELLA WEBSITE USAGE BY CLIENT/CUSTOMER
TERMS AND CONDITIONS
Welcome to the UBELLA official website. It is our pleasure to be of service to you, and we wish for you to only experience the best quality of service at all times. It is our aim to serve you as best we can and make you as our customer feel important, understood and appreciated at all times.
For our protection as well as our clients, we have drafted the following terms and conditions for your perusal. This document has been written with certain clauses based on personal previous experiences by Alecia, owner and founder of UBELLA. Through certain experiences over the years, Alecia has thought it well to set these terms and conditions in place in order to protect her company UBELLA, herself as well as staff members, to give clarity and understanding to all UBELLA clients and customers and to avoid any confusion or disappointment.
By accessing and/or making use of our website or any of our services, it is your responsibility to carefully peruse these terms and conditions and kindly ask our staff for in depth information should any of the clauses set out herein be unclear or misleading to you.
By accessing and/or making use of our website or any of our services, it is within our right to assume that you have read and understand our terms and conditions, and further consent to bond by such terms and conditions as amended from time to time.
Life as we know it today is constantly changing and with this being said, we have to change with it. For example, during the COVID-19 pandemic, everything changed so suddenly and abruptly and therefore we disclose to you that we reserve the right to amend, update, terminate, or replace any part of our website, terms and conditions, services and/or products without notice, such amendment, update, termination, or replacement will supersede any previous terms as at the date that same is published on our website. Each time a client or customer accesses and/or makes use of our website or any of our services, they agree to be bond by these terms as amended from time to time. We will however do the best we can in order to inform you via our newsletters or social media in a timely manner should any amendments be made to any of the aforementioned.
Section 2 – Company and Client Protection
Alecia has been in this industry since 2005, and during this time she has noticed and experienced certain uncomfortable behaviours from clients. In order to protect herself, the company UBELLA, as well as all staff members, we reserve the right to refuse services to anyone for any reason at any time.
By making use of our services, you would most likely be photographed before and after our service has been completed, as we are in the beauty industry, and we use our content photographs as reference and marketing of our talent and skills. Therefore, should you have any problem with us taking your photograph, it is your responsibility to inform us that you do not wish to be photographed at all. Should you not voice the aforementioned, we reserve the right to assume that you have no objection to this part of the process and that you agree to us making use of your photographs for marketing purposes.
However, we would never make use of any personal information that you share with us (e.g. your age, weight, name, personal conversations etc).
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
Section 3 – Website Information
Our website, content, and information are subject to frequent change. We will do our utmost best to keep all relevant information up to date as frequently as possible. In the event that you have accessed our website at one stage and only made use of our services at a much later stage, and in that period of time, our terms and conditions has been amended, please understand that it is the customers responsibility to revise our company’s terms and conditions on our website or request relevant information from our staff before making a booking or purchasing a service or product. To avoid any confusion or disappointments, kindly sign up for our newsletter which will be sent out as soon as there are any updates to our website, changes or increases on our pricelist as well as special offers, discounts and exciting news.
Should it be out of our control, we reserve the right at any time to modify or discontinue the service and/or product (or any part or content thereof) without notice at any time. Our customer will not have the right to keep us liable for these changes made, nor demand that we still provide given service or sell a product at its former price prior to increase.
Section 5 – Products and Services
Every effort has been made to digitally display to you the colours and images of our products as accurately as possible as it appears in real life. We cannot guarantee that your device’s display of any colour will be accurate.
Through our experience we have seen that its truly difficult to satisfy 100% of our clientele. We can confidently say that we satisfy the expectations if not exceed the expectations of over 98% of our clients, however, we have come across clients who just cannot be satisfied no matter what we do, that being said, we do not guarantee that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
Section 6 – User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Section 7 – Personal Information
Section 8 – Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
Section 9 – Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Section 10 – Disclaimer Of Warranties; Limitation Of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall UBELLA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Section 11 – Indemnification
You agree to indemnify, defend and hold harmless UBELLA and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 12 – Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 13 – Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Section 14 – Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 15 – Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Republic of South Africa.
SECTION 43(1) OF ELECTRONIC COMMUNICATION AND TRANSACTIONS AT 25 OF 2002
Full name: UBELLA ACADEMY (PTY) LTD