General Terms and Conditions of Use
CrazyBeautiful-Lens is a personal blog written, managed, maintained, and owned by Silindile Nomfihlakalo Buthelezi (hereinafter referred to as the ‘Owner’). Access to and use of ‘CrazyBeautiful-Lens’ (hereinafter referred to as the ‘Website’) is regulated by these General Terms and Conditions of Use. Please read these General Terms and Conditions of Use before using this Website. Access to this Website and its use presuppose the reading, awareness and acceptance of these General Terms and Conditions of Use. If you are under 18 years old, you must ask your parent or guardian to read these General Terms and Conditions of Use on your behalf. This agreement regulates your use of this Website – www.crazybeautiful-lens.com. By accessing and using the Website, you agree to be bound by the terms and conditions of this agreement. If you do not agree to be bound by this agreement, you may not access, use, copy, display, download, post and/or otherwise distribute any content available on the Website.
The Owner of the Website voluntarily complies with section 51 of the Electronic Communications and Transactions Act (Act 2 of 2000). The Owner of the Website will receive various types of information from users who access the Website. This information will include information such as the IP address of your computer but will not include your email address or any other personal information about you, (unless this is specifically provided to us by you). This information is used by the Owner of the Website to measure the use of the Website such as the number of visits, average time spent on the Website and the pages viewed. The Owner of the Website will use this information to improve the content of the Website. Because of the nature of this information, the Owner of the Website does not have to keep it confidential and may distribute, copy, and use it as the Owner requires.
Information you provide to the Owner when posting to the Website, including but not limited to the comments section and/or discussion forums: by posting anything (text, photographs, graphics, video and sound recordings, etc) on the Website, you agree to the Owner using it on the Website as the Owner deems appropriate and that no payments will be made to you for such usage. The Owner of the Website will, however, not be obliged in any way whatsoever to make such material available on the Website. You hereby grant the Owner all rights necessary to enable the Owner to make this information available on the Website, including the right to edit such content in the Owner’s sole discretion. The Owner will try to credit you as the source of the information, where possible.
Responsibility for Use of the Website
Access to and use of the Website, including viewing the webpages, communication with the Owner, the possibility of downloading information regarding the products of the same on the Website, constitute activities undertaken by the user exclusively for personal use unconnected to any commercial, business or professional activity. The user is personally responsible for his or her use of the Website and the relative contents. The Owner cannot be held responsible for any unlawful use of the Website and the contents by any of its users. In particular, the user will be exclusively responsible for communicating incorrect or false information and data, or data regarding third parties who have not given their express consent, or incorrect use of the same.
All material downloaded or otherwise obtained through use of the Website is at the user’s choice and risk; moreover all responsibility for any damage to computer systems or loss of data resulting from downloading fall to the user; the Owner will be indemnified. The Owner declines all responsibility for any damage arising from inaccessibility of the services on the Website or any damage caused by virus, damaged files, errors, omissions, service interruptions, cancellations of the contents, problems connected to the network, to the providers or telephonic and/or telematics connections, unauthorised access, alteration of data, loss and/or faulty functioning of the electronic equipment of the user himself or herself.
You, as the user of the Website, warrant that anything that you post to the Website will not contain any material: that contains any obscene, indecent or offensive language; that is false, defamatory, abusive, harassing or hateful; in respect of which another party holds the rights (without the necessary permission to do so); which is encrypted, constitutes junk mail or unauthorised advertising; that invades anyone’s privacy; that encourages conduct that would constitute a criminal offence or give rise to civil liability, or that otherwise violates any South African or international law or regulation. You agree to use the Website only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. You agree not to attempt gain access to the Website’s server by any means whatsoever or to disrupt or interfere with the running of the Website, including its software, or other party’s use of the Website.
In relation to comments section and/or discussion forums, the following general principles apply in relation to material you provide. You shall not: post libellous or defamatory comments; post anything relating to any ongoing or pending trial; post content (text, photographs, graphics, video and sound recordings, etc) which you have copied from someone else (i.e. to which you do not own the copyright); use profanities; post a personal insult about another user; advertise or solicit; and impersonate another user.
It is not always possible for the Owner of the Website to review all material posted to the Website prior to it being made available on the Website. Should the Owner of the Website become aware that any content you post to the Website is not in accordance with the principles of this agreement, the Owner of the Website shall be entitled to remove such content immediately, in the Owner’s sole discretion. If you are of the view that any content posted to the Website violates the principles of this agreement, please email email@example.com.
The Owner of the Website accepts no liability for any content posted to the Website by a third party and you as the user shall remain responsible for the accuracy of any content you post to the Website. You acknowledge that you are aware that a breach of the warranties contained in this clause is likely to cause the Owner to suffer harm, both financial and otherwise. Accordingly, you hereby indemnify the Owner of the Website in respect of any liabilities, claims, demands, actions, costs on the attorney and own client scale, damages and loss arising from the reliance of content provided on the Website by you or from the non-availability of the Website for any reason whatsoever.
The user is responsible for the safeguarding and correct use of his or her personal information, including those credentials that allow access to the restricted services, as well as any damaging consequence or detriment that may arise due to the Owner or third parties following incorrect use of or loss or removal of said information
Sponsorships, Partnerships and/or Collaborations
All reviews of products, events or services contained in the Website are and remain the opinion of the Owner, even where the content is sponsored. Generally, the reviews of products, events or services contained on this Website are free from sponsorship unless specifically stated otherwise in the post within which they appear. However, the Owner of the Website may receive sponsorships, and/or enter into collaborations and partnerships with third parties from time to time. In such event, the Owner undertakes to not endorse any product, event or service that the Owner has not been able to try, test or experience for herself. However, the Owner makes no warranties about the suitability of any product, treatment , service or event referenced or reviewed here for any person other than herself and any reliance placed on such reviews or references by you (the user) is done solely at your own risk. Nothing on this Website shall be construed as providing dermatological, medical, or other such advice and you (as the user) are advised to seek the advice of a suitable professional should you have any concerns.
Any product, service or attendance of an event that the Owner of the Website receives for consideration of coverage on this Website or any social media platform belonging to the Owner, does not guarantee coverage. Potential Sponsors, Partners and Collaborators agree that acceptance of a product, service or attendance of an event does not constitute a binding agreement of endorsement on the part of the Owner of the Website. Should the Owner not approve of the product, service or experience, such product, service or event shall not appear on the Website.
Any products, services or experiences received as gifts by the Owner will be disclosed on the Website in the post in which they appear. All gifts will be disclosed and will be included in the editorial content of the Website. Should this Website use affiliate links, they will generate a small commission when items are sold
Intellectual Property Rights
All images and content contained within the blog posts of this Website belong to Silindile N Buthelezi (as Owner of CrazyBeautiful-Lens) and are subject to copyright – unless explicitly stated otherwise. These images may not be manipulated, reproduced or downloaded in any way without prior written permission from the Owner.
The contents of the Website, for example all works, images, photos, dialogues, music, sounds and videos, documents, designs, figures, logos, and all other material, in any format, published on Website, including menus, webpages, graphics, colours, patterns, tools, characters and design of the Website, diagrams, layouts, methods, processes, functions and software that make up the Website are protected by South African and international copyright laws and by all other intellectual property rights of the Owner and other owners of the rights. All reproduction, in whole or in part, in any form, of the Website of its contents, without prior written permission by the Owner is forbidden. The Owner has exclusive right to authorise or forbid direct or indirect, temporary or permanent reproduction, in any way or form, in whole or in part, of the Website and its contents.
Regarding use of the Website, the user is solely authorised to view the Website and its contents and to exclusively carry out temporary reproduction, free of economic profit, that is considered transitory or accessory, or an integral and essential part of viewing the Website and its contents and all other navigation operations on the Website that may only be carried out for a legitimate use of the aforementioned sites and their contents.
The user is not authorised to reproduce, on any support form, in whole or in part, the Website and its contents, any reproduction must be, each time, authorised by the Owner by way of written authorisation or, if necessary, the authors of the individual works (should there be other authors) contained in the Website. Said reproduction must in any case be carried out for lawful reasons and within respect of the copyright and other intellectual property rights of the Owner and the authors of the individual works (should there be other authors) contained on the website. The authors of the individual works (should there be other authors) published on the Website have the right, in any moment, to claim ownership of their works and to oppose any deformation, mutilation or other modification of the same works including any damage made to the works, which may prejudice their honour or reputation.
The user undertakes to respect the copyright of those who publish their works on the Website or who collaborate or partner in any way with the Owner in the creation of any expressive or artistic form destined for publication, even those not exclusive for the Website or that do not form an integral part of it.
The Owner holds the rights necessary to enable it to make the content contained on the Website available on the Website. This includes the name ‘CrazyBeautiful-Lens’, ‘slius’ and ‘sliusb’. This content is protected by South African and international copyright laws. All rights in and to the content on the Website (including copyright, throughout the universe, for all purposes, in all media, whether now known or hereafter devised and for the life of the copyright and any extensions and renewals) is retained by the Owner and nothing in this agreement shall be interpreted to mean that you acquire any of these rights. You may not use this content, other than by retrieving and displaying it on a computer screen, without the prior written permission of the Owner of the Website to do so. Should you wish to request permission to use any of our content (text, photographs, graphics, video and sound recordings, etc), please email firstname.lastname@example.org.
The Owner of the Website uses reasonable endeavours to ensure that the content on the Website is accurate and complete. However, some of the content contained on the Website is provided by third parties and the Owner of the Website is unable to check it for completeness or accuracy. The Owner of the Website provides the content “as is”, without any warranties whatsoever. The Owner of the Website shall not be responsible, in any way whatsoever, for any liabilities, claims, demands, actions, costs, damages and loss arising from the reliance of content provided on the Website or from the non-availability of the Website for any reason whatsoever. In particular, the Owner of the Website shall not be liable for any consequential loss.
Modifications to the Terms and Conditions of Use
The Owner may change this agreement from time to time and reserves the right to do so. These changes will become effective from the date on which they are posted to the Website. Accordingly, it is your responsibility to check the Website from time to time to see whether the terms of this agreement have been changed. Your continued use of the Website will be deemed to be an acceptance by you of agreement to these amendments.
Other than the variation of this agreement by the Owner placing such amendment on the Website, as mentioned above, no addition to, variation of, novation, or agreed cancellation of this agreement shall be of any force or effect unless in writing.
No Waiver: No relaxation or indulgence which either of us may grant to the other shall constitute a waiver of the rights of that party and shall not preclude that party from exercising any rights which may have arisen in the past or which might arise in the future.
Severability: Should any provision of this agreement be void for vagueness or for any other reason, then that provision of this agreement shall be capable of being severed from the remainder of this agreement, which shall remain of full force and effect.
Plain and Understandable Language: You confirm that the provisions of this agreement are in plain and understandable language and that you understand the provisions contained herein.
The Owner has adopted all measures to prevent publication in the Website of any contents that describe or represent scenes or situations of physical or psychological violence or anything that, according to the sensitivity of the users of the Website may be considered harmful to civil convictions, human rights and dignity, in all its forms and expressions.
In any case the Owner does not guarantee that the Website’s contents are appropriate or lawful in other countries, outside of South Africa. Moreover, should said contents be considered unlawful or illegal in some other countries, access to the Website is not advised and should the user decide to enter despite this, any use he or she makes of the supplied services will be his or her exclusive and personal responsibility.
Furthermore, the Owner has adopted every reasonable precaution in order to guarantee users that the contents of the Website are accurate and do not contain incorrect or out of date information, with respect to their date of publication on the Website and, as far as possible, also subsequently. Moreover the Owner does not accept any responsibility to the users for the accuracy and completeness of the contents published on the Website, notwithstanding the responsibility for fraud.
The Owner, furthermore, cannot guarantee the users that the Website works in continuation, without interruption and without error or malfunction caused by the Internet connection. For any problem found while using the website, please contact the following email address email@example.com.
Links to Other Websites
Moreover, the Owner of the Website, cannot guarantee the users of the Website that the reasonable measures adopted for the security of the Website and the transmission of data and information on the Website limit or exclude any risk of unpermitted access or the distribution of data by devices pertinent to the user. It is always a good idea for the user’s computer to be equipped with software that protects the transmission of data on the web, both entering and exiting and that his or her Internet provider adopts suitable measures for internet data transmission security.
You hereby indemnify the Owner of the Website and its affiliates, advertisers, partners, agents and representatives, and hold them harmless from any and all claims, demands and liabilities (including legal fees on the attorney and own client scale) that may arise from your submissions or provision of content, from your unauthorised use of material obtained from the Website, from your breach of this Agreement, or from any such acts arising through your use of the Website or any other violation of the rights of another person or party.
Giveaways General Terms and Conditions
The Website may advertise Giveaways from time to time that may be sponsored by third parties. Details of any Giveaways will be contained in the editorial content of the post in which they appear. Such Giveaways will be subject to both these General Terms and Conditions and Specific Terms and Conditions of each Giveaway which shall be contained in the specific post in which each Giveaway appears. These General Terms and Conditions and Specific Terms and Conditions of each Giveaway are applicable in respect of all entrants participating in any Giveaway which may run on this Website. These General Terms and Conditions are governed by and interpreted according to the laws of the Republic of South Africa and any entrant, and the Owner of the Website and any Promoter of a Giveaway consent to the exclusive jurisdiction of the High Court of South Africa. These General Terms and Conditions are incorporated into any Specific Terms and Conditions for any Giveaways specifically mentioned in a post on this Website. In the event of any conflict and/or discrepancy between these General Terms and Conditions, and the Specific Terms and Conditions for each Giveaway, the relevant terms of the specific Giveaway shall apply.
The following rules shall apply to all Giveaways, unless other rules are specifically provided in relation to a Giveaway. Participation by the entrants in the giveaways constitutes an agreement to abide by both the General Terms and Conditions and the Specific Terms and Conditions. Any person failing to comply with both these General Terms and Conditions and the Specific Terms and Conditions will not be entitled to participate in the Giveaway or will be disqualified from receiving the prize/s of the Giveaway.
The Giveaway duration period is as stipulated on the blog post in which the Giveaway appears.
Giveaways are not open to:
- director, member, partner, employee or agent of, or consultant to the promoter (any person who directly or indirectly promotes, sponsors, organises or conducts a giveaway, or for whose benefit the giveaway is promoted, sponsored, organised or conducted); or
- any supplier of goods or services in connection with a Giveaway;
- the spouse, life partner, business partner or associate, or the natural or adopted parent, child, or sibling, of any of the persons specified above.
To enter, participants must use the entry mechanism specified on the Giveaway in the post in which the Giveaway appears.
The Owner of the Website or any Promoter of a Giveaway will not be held responsible for any costs or expenses which you, or any other person, incur during and for purposes of your entry into the Giveaway and your acceptance and/or use of a prize.
The Owner of the Website will not be responsible for any injury or damage to your, or any other person’s computer, mobile telephone or other device used by you or any other person to enter into any Giveaway on this Website.
Entrants must be eighteen (18) years or older at the time of entering the Giveaway.
Unless otherwise stated, only one entry per person for each Giveaway is allowed. Where more than one entry is received by the same person or email address, only the first entry received will be deemed valid.
The Owner of the Website or the Promoter or Sponsor is not liable for the failure of any technical element relating to a Giveaway that may result in an entry not being submitted. Furthermore, the Owner of the Website or any Promoter of a Giveaway accept no responsibility for any entries that are incomplete, illegible, corrupted or fail to reach the Owner by the relevant closing date for any reason. Entries via agents or third parties are invalid. Entries become the property of the Owner of the Website and are not returned.
The Owner of the Website, or the Promoter and its agencies reserve the right to correct any errors and omissions. These General Terms and Conditions may be updated at any time as per the Owner’s or the Promoter’s discretion and will supersede any errors or omissions on any publicly communicated documentation or marketing material.
Prizes are subject to availability. In the event of unforeseen circumstances, the Owner of the Website, or the Promoter or Sponsor reserve the right (a) to substitute alternative prizes of equivalent or greater value and (b) in exceptional circumstances to amend or foreclose the Giveaway without notice. No correspondence will be entered into.
No cash alternative to the prizes will be offered. The prizes are not transferable, non-refundable, non-exchangeable and cannot be redeemed for cash. To the maximum extent permitted, the Owner of the Website, and the Promoter exclude liability for any defects in the prize. Furthermore, any lost or damaged prizes once accepted and signed for will not be replaced.
Any additional expenses arising from accepting and using a prize will be for the winner’s own account once they have signed for their delivery (this includes any insurance for the product/s).
Entrants must reside in South Africa (unless permitted otherwise in the Specific Terms and Conditions of a specific Giveaway mentioned in a post on this Website).
It is your responsibility as entrant to ensure that any information which you provide to us is accurate, complete and up to date.
You as entrant must possess whatever documents and permissions that may be required in order to accept and use a prize, including, as regards to international travel, a valid passport and all necessary visa and travel documentation, which documents and permissions it is your responsibility to obtain at your own cost, and which documents and permissions must remain valid in such minimum form and for such minimum period after the prize date as may be required by the relevant authorities. Any and all airport taxes are not included in the prize and will be for the winners account unless otherwise stipulated.
The winner(s) consents to his/her name, biographical details and involvement in Giveaway being made available to the sponsors, for publicity and prize delivery purpose.
The Owner of the Website accepts no liability for any entries that may be lost.
Winners use the prize/s at their own risk. The Owner of the Website and the Promotor of the Giveaway shall not be liable for any loss, damage, personal injury or death which is suffered or sustained (including but not limited to that arising from any person’s negligence, including gross negligence) in connection with any Giveaway or acceptance or use of the prize/s.
Entrants will be deemed to have accepted these rules and agreed to be bound by them when entering. These rules are legal and binding upon entrants.
The Owner and Promoter reserve the right to cancel, modify or amend the Giveaway at any time, if deemed necessary in its opinion and if circumstances arise outside of their control.
The winners of the Giveaways will be notified by means of the contact details provided to us. If we are, or a third party supplier is, unable to contact a winner within seven (7) working days of first notification from the O of the Website or its representative, the winner will forfeit the prize and the Owner or Promoter reserves the right to re-draw a new winner under the same conditions.
In the event that you win a prize or prizes you agree to the publication of your name and to appear in person in the electronic media and the print media, and you agree, within reason, to endorse, promote or advertise our goods or services, for which no fee will be payable.
You are hereby notified that you have a right to decline consenting to your name, biographical details and involvement in the Giveaway being made available to sponsors in terms of the above preceding clause. You further have the right to decline being photographed for and to appear in a feature on the Website in terms of the above preceding clause. Should you wish to exercise either or both of these rights, you shall do so by informing the Owner within five days from you accepting these terms and conditions, via e-mail to firstname.lastname@example.org, in which e-mail you shall provide the Owner with particularity of the rights which you wish to exercise. Should you not inform the Owner that you intend exercising these rights within the above five day period, you shall be deemed to have consented to the above preceding clause.
In the event that you win a prize or prizes provided by a third party supplier, the supplier will contact you to arrange the collection thereof. In this regard, you must collect the prize at the time and date arranged with the supplier of the prize. All correspondence regarding the prize or prizes must be directed at the supplier of the prize. The Owner of the Website will not be responsible for any further correspondence, harm, damage, loss or claim relating to the provision of any element of the prize or prizes.
The Owner of the Website, the Promoter, and its third party suppliers, as the case may be, reserve the right to vary, postpone, suspend, or cancel the Giveaway and any prizes, or any aspect thereof, without notice at any time, for any reason which it deems necessary. In the event of such variation, postponement, suspension or cancellation, you agree to waive any rights, interests and expectations that you may have in terms of a Giveaway and acknowledge that you will have no recourse against the Owner of the Website, the Promoter, its affiliates and third party suppliers.
The judges’ decision on any matter concerning the Giveaway and/or arising out of these terms and conditions is final and binding on you, and no correspondence will be entered into.
Applicable Law Governing This Agreement
The Website is operated, controlled and administered by the Owner who is a citizen and resident of the Republic of South Africa. If you are accessing the Website from outside of South Africa, it is your responsibility to ensure that you comply with the laws of your country. This agreement shall be governed and interpreted by the laws of the Republic of South Africa, and the High Court of South Africa shall have exclusive jurisdiction over any claim arising from or related to this Website.
This Constitutes The Whole Agreement
This agreement constitutes the sole record of the agreement between us and supersedes all previous agreements. Neither of us shall be bound by any representation, express or implied term, warranty, promise or the like not recorded in this agreement.