1. OWNERSHIP, COPYRIGHT & USAGE
1.1 The PHD HAIRDRESSING website is owned by Pro H Design cc t/a PHD HAIRDRESSING (hereinafter referred to as PHD HAIRDRESSING). By using this website, either personally or through an agent, you (the user), agree to be bound by all the terms and conditions contained in this agreement. If you do not want to be bound by these terms and conditions, then please leave this website.
1.2 The copyright in all information, material and logos vests in PHD HAIRDRESSING of Greenside, Johannesburg, South Africa. All rights not expressly granted herein are reserved.
1.3 Users may download, view and print contents from this site for private and non-commercial purposes only. To obtain permission for the commercial use of any content on this site contact the owner of PHD HAIRDRESSING.
1.4 PHD HAIRDRESSING cannot screen or edit all the content available from their website and does not accept any liability for illegal, defamatory or obscene content. Users are requested to inform PHD HAIRDRESSING of any content that may be offensive or illegal.
2. NO OFFER
Nothing contained in this website shall be construed as an offer by PHD HAIRDRESSING to you, the user. All information contained in this website shall merely be deemed to be an invitation to do business.
3. INTELLECTUAL PROPERTY RIGHTS
All the content, trademarks and data on this website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to PHD HAIRDRESSING and as such are protected from infringement by local and international legislation and treaties.
4. ELECTRONIC COMMUNICATIONS AND TRANSACTIONS
When a user visits the PHD HAIRDRESSING website or sends e-mails to PHD HAIRDRESSING such user consents to receiving communications from PHD HAIRDRESSING electronically and agrees that all agreements, notices, disclosures and other communications sent by PHD HAIRDRESSING satisfies any legal requirements, including but not limited, to the requirement that such communications should be “in writing”.
5.1 No person, business or website may link to any page on this site without the prior written permission of PHD HAIRDRESSING. Such permission may be obtained from the person referred to in clause 1.3 hereof.
5.2 Hyperlinks provided on this site to other websites or web pages are provided as is and PHD HAIRDRESSING does not necessarily agree with, edit or sponsor the content on such web pages.
No person, business or website may frame this site or any of the pages on this site in any way whatsoever.
7. SPIDERS AND CRAWLERS
No person, business or website may use any technology to search and gain any information from this site without the prior written permission of PHD HAIRDRESSING. Such permission may be obtained from the person referred to in clause 1.3 hereof.
8. DISCLAIMER AND LIMITATION OF LIABILITY
8.1 The users of this website and the information contained therein are done at the users’ own risk and the users assume full responsibility and the risk of loss resulting from the use thereof.
8.2 Neither PHD HAIRDRESSING nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this website or the services or content provided from and through this website. PHD HAIRDRESSING makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this website are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are requested to report any possible malfunctions and errors to the person referred to in clause 1.3 hereof.
8.3 This website is supplied on an “as is” basis and has not been compiled or supplied to meet the user’s individual requirements. It is the sole responsibility of the user to satisfy him/her prior to entering into this agreement with PHD HAIRDRESSING that the service available from and through this website will meet the user’s individual requirements and be compatible with the user’s hardware and/or software.
8.4 Information, ideas, opinions and articles contained on this site should not be regarded as professional advice or the official opinion of PHD HAIRDRESSING and users are advised to obtain professional advice before taking any course of action related to information, ideas, opinions and articles contained on this site.
9.1 This site collects private information from users and such information shall not be disclosed to any third party unless agreed upon between the user and PHD HAIRDRESSING or through due legal process.
9.2 Users agree and consent that PHD HAIRDRESSING may, from time to time communicate with users. PHD HAIRDRESSING does not condone the use of spam and shall at all times comply with the provisions of the Electronic Communications and Transactions Act, No 25 of 2002.
10. WEBSITE SECURITY AND DENIAL OF SERVICE ATTACKS
Any person that delivers or attempts to deliver any damaging code to this website or attempts to gain unauthorised access to any page on this website shall be prosecuted and civil damages shall be claimed in the event that PHD HAIRDRESSING suffers any damage or loss. Users are notified that in terms of the Electronic Communications and Transactions Act 25 of 2002 it is a criminal offence to gain unauthorised access to this website and to circumvent any security measures implemented by PHD HAIRDRESSING or its agents.
11. CHANGES TO AGREEMENT
11.1 PHD HAIRDRESSING may, in its sole discretion, change the terms and conditions of this agreement or any part thereof at any time without notice and such right is expressly reserved.
11.2 Each time a user accesses this website he/she will be bound by the current version of these terms and conditions.
All disputes in terms of this agreement or relating to the use or inability to use the PHD HAIRDRESSING website may be referred to arbitration in terms of the rules of the South African Arbitration Foundation and such arbitration shall be held in Johannesburg. The unsuccessful party shall pay all costs incurred by the successful party. Notwithstanding the above, PHD HAIRDRESSING reserves the right, in its sole discretion, to institute action in any competent court of law.
13. E-MAIL DISCLAIMER
This email and any accompanying attachments may contain confidential and proprietary information. The information in or attached to this email message is confidential and may be subject to legal privilege and client confidentiality. Nothing in this message constitutes an offer, warranty or representation from us. This information is private and protected by law and, accordingly, if you are not the intended recipient, you are requested to delete this entire communication immediately and are notified that any disclosure, copying or distribution of or taking any action based on this information is prohibited. Emails cannot be guaranteed to be secure or free of errors or viruses. We cannot be held liable for any harm or loss resulting from malicious software code or viruses in this message or attachments, including data corruption resulting there from. The sender does not accept any liability or responsibility for any interception, corruption, destruction, loss, late arrival or incompleteness of or tampering or interference with any of the information contained in this email or for its incorrect delivery or non-delivery for whatsoever reason or for its effect on any electronic device of the recipient.
14. ENTIRE AGREEMENT
14.1 These terms and conditions of use constitute the entire agreement between PHD HAIRDRESSING and you, the user of this website. Any failure by PHD HAIRDRESSING to exercise or enforce any right or provision of these terms and conditions of use shall in no way constitute a waiver of such right or provision thereof.
14.2 No amendment to these terms and conditions shall be valid and binding unless reduced to writing and signed by two partners of PHD HAIRDRESSING.
15. GOVERNING LAW
This site is hosted, controlled and operated from the Republic of South Africa and therefore the South African law and the jurisdiction of the South African courts shall govern any action relating to the terms of the use or inability to use this site.