TERMS AND CONDITIONS OF USE
Last Updated: May 1, 2020.
1. Content of Website
The content expressed on this Website is of a general informative nature. Before acting on the opinion and ideas expressed on this Website you are encouraged to seek the appropriate advice from a qualified professional. While we make every effort to update the information on the Website on a regular basis, we make no representations or warranties, express or implied, as to the accuracy, completeness or reliability of any information, data and/or content shown on the Website.
2. Third-Party Materials
As a part of the Website, you may have access to materials that are hosted by another party. You agree that it is impossible for LivLush Global and/or GCIIA to monitor such materials and that you access these materials at your own risk.
3.1. LivLush Global Website.
Except with respect to any Content you may post and any content a user may post, you agree that we and our suppliers own all rights, title and interest in the Site (including but not limited to, any titles, computer code, themes, objects, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, and server software). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website and the Services.
LivLush Global title and other related graphics, logos, service marks and trade names used on or in connection with LivLush Global or in connection with the Services are the trademarks of LivLush Global and GCIIA and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Website are the property of their respective owners.
3.3. Other Content.
Except with respect to any Content that you may post, you agree that you have no right or title in or to any Content that appears on or in LivLush Global Site.
3.4. License to Your Content.
You grant us a royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, any content you may post (in whole or in part) for the purposes of operating and providing the Site to you and to our other users. Among other things, this means that we may use any ideas, suggestions, developments, and/or inventions that you post, upload, transmit, send or otherwise make available in any manner as we see fit without any compensation or attribution to you.
Please remember that other users may search for, see, use, modify and reproduce any of the Content you may post that you submit to any “public” area of the Site. You warrant that the holder of any worldwide intellectual property right, including moral rights, in any content you may post, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not GCIIA or/and LivLush Global, are responsible for all of the Content you may post on or in the Site.
You agree that submission of any ideas, suggestions, documents, and/or proposals to the Website through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Site.
3.6. International Users
The Site can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that we intend to announce such Services or Content in your country. Those who access or use the Site do so at their own risk and are responsible for compliance with local law.
4. Use of the LivLush Website and indemnification
4.1. The User will use the Website and Services for lawful purposes only. The User will not post, nor transmit through the Website, any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or which, without our express approval, contains advertising or any solicitation with respect to products or services.
4.2.Any conduct by the User that, in our sole and absolute discretion, restricts or inhibits any other User from using or enjoying the Site will result in such User immediately being restricted from further use of or access to the Site. The User may not use the Website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of any organization, media or other online competitors.
4.3. Through accessing this Website, the User represents and warrants that he/she is legally entitled to agree to these Terms. If the User subscribes to any of the Websites product offerings and/or services then, and in such circumstances, the User warrants and represents that he/she is legally authorized and entitled to subscribe for such product offerings and/or services.
4.4 The User hereby indemnifies us against any loss, liability, damage or expense of any nature whatsoever which we or any of our affiliates may suffer as a result of the breach of any warranty provided by the User to us or the User’s breach of the Terms contained herein.
4.5 We reserve the right to modify, withdraw and/or deny the User’s access to this Site by any means whatsoever and at our sole and absolute discretion.
5. Use of the Website Communication Services
The Website Communication services may include, without limitation, email, chat areas, news groups, forums, communities, personal pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable the User to communicate with other users individually or collectively. The User agrees to use the Communication Services solely for the purpose of posting, sending and receiving messages and material relating to the Website and the products and services detailed thereon.
4.1 The User will not, without limitation:
4.1.1 use the Communication Services to promote or conduct surveys, contests, pyramid schemes, chain letters, junk mail, spamming or any duplicative or unsolicited messages, advertise or offer to buy or sell any goods or services; whether of a commercial nature or otherwise;
4..1.2 defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of other users of the Website;
4.1.3 publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful material of any nature whatsoever;
4.1.4 upload or otherwise make available files that contain images, photographs, software or any other material protected by intellectual property laws unless the owner, author and/or licensee, as the case may be, has consented to the publishing of such intellectual property on the Site, subject to these Terms;
4.1.5 upload any files which contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or any other similar software or programs that may damage the operation of a user of the Site’s computer, mobile device or similar device in any way whatsoever (including that of GCIIA);
4.1.6 download any file posted by another user on the Communication Services that the User knows or should reasonably have known cannot be legally reproduced, displayed, performed and/or distributed in such manner;
4.1.7 falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in uploaded files;
4.1.8 restrict or inhibit any other user from using the Communication Services;
4.1.9 violate any code of conduct or other guidelines which may, in addition hereto, be applicable to a particular Communication Service;
4.1.10 harvest or otherwise collect any information about another user;
4.1.11 violate any applicable laws and/or regulations; or
4.1.12 create a false identity for the purposes of misleading GCIIA and LivLush Global and/or any other user/s.
4.2 We have no obligation to monitor the Communication Services. GCIIA and LivLush Global reserve the right to review the material posted on any of the Communication Services and to remove any materials, without providing reasons and in its sole and absolute discretion. Furthermore, we reserve the right to terminate the User’s access to any or all of the Communication Services at any time, without notice or providing reasons for such termination.
4.3 Materials uploaded on the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination. The User is responsible for adhering to such limitations if the User downloads or copies such material.
4.4 We do not control and/or endorse in any way whatsoever the material posted on the Communication Services and we disclaim any liability arising therefrom.
4.5 By posting, uploading, inputting, providing and/or submitting (“Posting”) the User’s materials on the Website, the User grants us and our affiliate companies and sub-licensees and other users permission to use such materials including, without limitation, to copy, transmit, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat the User's material submitted to the Site. This furthermore includes the right to publish the User’s name in connection with the User’s material submission and the right to sub-license such rights to any third party.
4.6 By Posting on the Website any images, photographs, pictures or other material that is otherwise of a graphical nature in whole or in part, the User warrants and represents that:
4.6.1 the User is the copyright owner of such images or that the copyright owner of such images has granted the User permission to make use of such images consistent with the manner and purpose of the User’s use and as otherwise permitted in terms of these Terms; and
4.6.2 the User has the rights necessary to grant the licenses and sublicenses described in these Terms.
5. User account and password
5.1 If any of the Communication Services and/or any of the products or services offered on the Website requires the User to open an account, then the User must complete the registration process on the Website. The User warrants in such circumstances that the information provided is complete and accurate in all respects as at the date of registration.
5.2 The User will be required to choose a user name and password.
5.3 The User is responsible for maintaining the confidentiality of the User’s password and account and is responsible for all activity that occurs on the User’s account. The User will notify us via email immediately of any unauthorized use of a User’s account or any breach in respect thereto. We will not be responsible for any loss that may occur as a result of a third-party breach by any means whatsoever, either with or without the User’s knowledge or consent. The User shall remain liable to GCIIA and LivLush Global, or any other affected third party, due to a breach of the User’s account by a third party.
6. Software available on the Website
6.1 Any software that is made available to download from the Website (“Software”) is, and shall remain the intellectual property of GCIIA and LivLush Global and/or its suppliers. Use of the Software is governed by the terms of the end-user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). The User will be unable to install any Software that is accompanied by a License Agreement, unless the User agrees to the terms thereof.
6.2 Save as provided for in the License Agreement, and where applicable, the Consumer Protection Act of 2008, as amended, we do not provide any warranties relating to the Software, including the merchantability, fitness for a particular purpose, title or non-infringement.
6.3 We may make available for use and/or download, tools and/or utilities. We do not make any assurances with regard to the accuracy of the results or output derived from the use of any such tool or utility.
7. Software, documents and Communication Services available on the Website
7.1 In no way whatsoever will we and/or our respective service providers be liable for any special, direct or indirect, consequential damages or any damages whatsoever resulting from the loss, use, data or profits, whether in an action of contract, negligence or other delictual action, arising out of or in connection with the use or performance of the Website, Software, documents, information, provision of or failure to provide services or information.
8. Contact Details
8.1 Details are as follows:
8.1.1 GCIIA Close Corporation (Registration Number: 2011/102184/23);
8.1.2 GCIIA and LivLush Studio: 31 Westbourne Road, Bryanston, Johannesburg, South Africa;
8.1.3 Contact: – .
Make sure to include enough information for us to help you, including for example your name, contact information, and the specific website, mobile site, application, and/or other service you're contacting us about.
Note: Only inquiries about this policy or your Personal Information should be sent. No other communications will be accepted or responded to.
or communications on other matters, please contact us through the means described on the Service, if available (for example, in the "Contact Us" section).
9. Copyright and intellectual property rights
9.1 Content displayed on the Site, including the Livlush Global name and logo, or provided in email format, is provided by GCIIA, its affiliates or subsidiaries, or any other third-party owners of the content (“the Content”). All the proprietary works, and the compilation of the proprietary works, belong to GCIIA, its affiliates or subsidiaries, or any third-party owners of the rights (“the Owners”), and the content is protected by international copyright laws.
9.2 We may make changes to the Site, the Content, or to products or services offered through the Site at any time and without notice to the User. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms, the User is not granted a license or any other right, including in terms of intellectual property rights, in or to the Content or otherwise.
10. Limited License to Users
10.1 The User is granted a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.
10.2 This Website and the Content may not be reproduced or otherwise exploited for any commercial purpose, without the express prior written consent of GCIIA.
10.3 The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative (copied or derived) use of the Website or the Content for the benefit of another merchant. The User may not frame the Website or the Content, without the express prior written consent of GCIIA.
10.4 GCIIA and the Owners, their affiliates or subsidiaries reserve the right to refuse service, terminate accounts, remove or edit Content in their sole and absolute discretion.
10.5 Any unauthorized use of the Website will automatically terminate the license contained in this paragraph 10.
11. Permission to link to the Website
11.1 The User may not establish a hyperlink, frame, meta-tag or any such similar reference, whether electronically or otherwise, to the Website or any subsidiary pages, without first obtaining the prior written approval of GCIIA. GCIIA reserves the right to withhold such approval or grant such approval in its sole and absolute discretion.
12. Crawlers and spiders
12.1 The User may not use any technology whatsoever to search and/or gain information from the Website and/or GCIIA, without GCIIA’s prior written approval.
12.2 Information transmitted over the internet is susceptible to monitoring and interception by third parties. The User bears the sole and absolute risk of transmitting information in this manner. GCIIA will not be liable for any loss, harm and/or damages suffered by the User as a result of transmitting information of any nature whatsoever to GCIIA through the Website or otherwise.
12.3 The confidentiality of any unsolicited confidential or proprietary information sent to GCIIA over the internet cannot be guaranteed by GCIIA. If the User requires any confidential or proprietary information to be sent to GCIIA, then the User may contact GCIIA and GCIIA shall advise the User of the most appropriate method by which to transmit such information.
12.4 The Website is made available for public viewing on the basis that GCIIA excludes, to the extent lawfully permitted, all liability of whatsoever nature for any loss, harm and/or damage howsoever arising out of the use of the Website or reliance placed upon the content of the Website.
13. Third party links
13.1 The Website may, from time to time, include links to third party websites. It is hereby recorded that these links are provided in order to enhance certain featured content on the Website. These links are not intended to signify that the supplier endorses or otherwise has any responsibility for the content of the linked third party website. Use of these third party links are at the User’s sole and absolute discretion and risk.
13.2 We do not endorse or approve, whether express or implied, any third party’s advice, opinion, information or otherwise of any nature whatsoever.
14. No contractual relationship
15. Choice of Law
15.1 Use of the Website and/or any dispute arising in relation thereto shall be subject to the laws of the Republic of South Africa and the User agrees to be bound to the exclusive jurisdiction of the courts of the Republic of South Africa.
16.2 We will not use your information for any other purpose but to render necessary and specifically requested services to you. This information will never be disseminated to third parties, whether for profit or otherwise.
17. Email Communications
All email communications from GCIIA and/or LivLush Global are intended for the addressee only are privileged and confidential in nature and any unauthorized dissemination or copying of any such communications or the information contained therein is strictly prohibited.
18. Professional Advice Disclaimer
18.1 The content and information on the Website are designed for educational, informational and entertainment purposes only and are not construed to be advice of any kind. You should not rely on information in or via the Site as a substitute for professional advice, including medical advice. You, must not rely on any of the content and information for any purposes whatsoever and you must seek your own independent professional advice before relying or deciding to take action on the basis of any content or information available on the Site. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health-related advice from your health care professional because information or content available on the Site is solely at your own risk.
18.2 Nothing stated or posted on the Site or any Service is intended to be, the practice of medical or counseling care. For the purposes of this agreement, the practice of medicine and counseling includes without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis or advice. The site is continually under development and we make no warranty of any kind, implied or express, as t to its accuracy completeness or appropriateness for any purpose.
19. Product Purchase Terms.
Certain Products may be available exclusively online through the Website. These Products may have limited quantities. We have made every effort to display as accurately as possible the colors and images of our products that appear on the Website. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product made on this Website is void where prohibited.
19.3 Payment Information.
By providing your payment and financial information, you agree that GCIIA and LivLush Global, its service providers (e.g., Shopify, Inc.), and any of their third party payment processors are authorized to immediately charge your account for all applicable fees and charges and that no additional notice or consent is required. We reserve the right at any time to change prices and billing methods. All information that you provide must be accurate, current and complete. You represent and warrant that you have the Legal right to use a payment card (s), payment means or other financial information that you provide.
We reserve the right at its discretion to cancel or reverse any payment, even if it has been previously confirmed by us, as a result of any mistake or error, including any mistaken pricing, description error, or other error. Although it is unlikely that we would refuse to accept an order, we reserve the right to deny any order for any reason, including where the following situations arise: (i) insufficient information or errors in billing, payment, and/or shipping information; (ii) orders that cannot be processed due to erroneous information that you have provided, which includes, but is not limited to incorrect credit card or debit card number, expiration date, security value, or other incorrect information regarding payment types; (iii) suspected fraudulent information; or (iv) unavailability of a merchandise due to discontinuance or otherwise. If any Product is discontinued or otherwise becomes unavailable prior to delivery, we reserve the right to cancel your order and provide you a refund for the amount paid for the Product. If this occurs, then we will attempt to contact you so that you are aware of the situation. In order to protect the intellectual property rights of GCIIA and its licensors and suppliers, any suspected resale of Products for personal and/or business profit is strictly prohibited. GCIIA and LivLush Global will not accept any order that is deemed to possess characteristics of reselling. Poosh reserves the right to cancel any subsequent order from a customer who has been suspected of reselling.
19.5 Transfer of Risk and Title.
Risk of loss of the Product passes to you, on our delivery of the Product to the carrier, and you are responsible for any loss or damage to the Product from that point. You agree that claims against a carrier for damage during shipping are your responsibility.
19.6 Third Party Providers.
19.7 Refund Policy.
All sales are final. GCIIA or/and LivLush Global do not accept returns, exchanges or refunds. Please note GCIIA reserves the right to refuse all returns.
20. Force Majeure.
We shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. If a Force Majeure event occurs that affects our performance of its obligations under these Terms: (a) we will contact you as soon as reasonably possible to notify you; and (b) our obligations under these Terms will be suspended and the time to perform our obligations will be extended for the duration of the Force Majeure event. You may cancel the Services affected by a Force Majeure event which has continued for more than 30 days. To cancel please contact us.
21. Limitation of Liability
21.1 We provide the website “as is”. We do not give any express or implied warranty or make any other promise about this website. For example, we do not warrant that it is good quality, fit for any particular purpose, accurate, complete, up-to-date, legally effective or secure. We also do not warrant that it is free of latent defects, errors, malicious software or infringing content, or that you will have quiet or uninterrupted use of it.
21.2You indemnify (or promise to protect) us against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys’ fees) related to your use of this website.
21.3 We will do our best to fix any fault on the Website as soon as reasonably practical after we find out about it. This is the limit of our responsibility and liability for any fault in the website.