PRIVACY POLICY

 

Brisun Hair is committed to protecting any personal information that is provided to it.

While using this website, information about the User may be either collected by Brisun Hair or its representatives. Such information will become the property of Brisun Hair.

Brisun Hair or its representatives may use this personal information to provide Users with information regarding Brisun Hair’s Products, services, offerings, promotions or events from time to time and generally for the purposes of facilitating the marketing, sales, purchase and sale of Products.

The User may request that Brisun Hair or its representatives cease sending them information or request that the User’s personal information be removed from the database or mailing list at any time by e-mailing the following address: info@BrisunHair.com

Brisun Hair and its representatives are not responsible for and give no warranties or representations in respect of the privacy policies or practices of any inter alia: third party and/or linked websites and/or linked application.

The User may request access to any personal information concerning itself which Brisun Hair holds. However Brisun Hair will not provide third parties with any personal information unless required to do so by law. Brisun Hair may however provide information to its affiliates and business partners.

The time periods for which Brisun Hair will keep the User’s information may vary according to the use or purpose attached to the information. Unless there is a specific legal requirement requiring Brisun Hair to keep the User’s information, however, Brisun Hair will not keep it for longer than necessary for the purpose for which the information was collected or for which it is to be processed.

Cookies: when entering the Website, information about the User, User preference and User activity may be collected stored and used by the Brisun Hair to improve the Websites functionality, recognize the User and their account and manage the Website. The User consents to the use of cookies for this purpose, however Cookies may be disabled by

USE OF INFORMATION

  • This Website is operated and controlled by Brisun Hair and / or its appointed operators. The information from this Website is protected by copyright and other proprietary rights laws. No information from this site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the written consent of an authorised representative of Brisun Hair or the manufacturer and/or wholesaler and/or agent and/or supplier of such product or service, as the case may be. Brisun Hair and / or its affiliates retain all intellectual property rights in the Products, as the case may be.
  • Any unauthorised copying, or attempt at copying, assignment or transfer of this Agreement, may result in the immediate termination of this Agreement by Brisun Hair and Brisun Hair reserves the right to seek civil damages or press criminal charges, as it sees fit, without limiting any of its rights.
  • The User is not granted a license or any other right including without limitation under any Intellectual Property Rights in or to the content of this website.
  • Brisun Hair expressly reserves the right, in its sole and absolute discretion, to remove, alter, modify, supplement and / or restrict access to the Website or any of its content for whatever reason and at any time (with or without providing notice).
  • The User hereby ratifies, guarantees and agrees to be liable in its personal and/or representative capacity for any and all obligations entered into or assumed by others who use the information, content or services through its account or with its registration details.

Should any party be of the belief that content on the Brisun Hair website is in violation of any Intellectual Property Rights (“violation”), such violation must be reported to Brisun Hair in order that Brisun Hair is able to assess the situation, contact all relevant parties and take the measures it deems to be appropriate in the circumstances. In order to assess the situation, Brisun Hair requires that the following be sent to it:

  • Identification of the alleged violation,
  • Contact details of the reporter of the violation in the form of telephone number, email address and full name,
  • Proof of Intellectual Property Rights,
  • Should the reporter not be the owner of the Intellectual Property Right, we require authorization of such reporter’s right to report the violation to us.

Should the aforesaid information requested above not be provided, Brisun Hair is under no obligation to take any action.

Brisun Hair will allow representations to be made in defense of allegations made regarding violations, and reserves the right to make decisions based on the information it receives from the relevant parties.

Any parties who inter alia repeatedly violate Brisun Hair’s policies (as may as amended from time to time) and the Intellectual Property Rights may be suspended from using the Brisun Hair website permanently.

SECURITY

  • The User acknowledges that registration on the Brisun Hair website will be strictly for the purposes of accessing Products supplied on the Brisun Hair website with a view to purchasing Products online through the Website.
  • The User undertakes that its log-in and password will not be disclosed to third parties and will be used solely for personal use, and that the User will take the necessary precaution of keeping such information safe.
  • Brisun Hair shall not be liable for any security breaches occurring on the Website whatsoever, including by virtue of the negligence of Brisun Hair.
  • Brisun Hair shall not be liable for any security breaches resulting in a lack of virus protection, malware, keylogger or spyware, that any User may have inadvertently installed on their device, or which may automatically install on the User’s device.
  • It is the duty of all Users to ensure that their hardware and software is secure from threats which are found on the internet and that they back up their data regularly. Brisun Hair shall not be liable for any failure to attend to the aforementioned.
  • Upon registration to use the website, Users will receive confirmation via email.
  • 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 Brisun Hair reserves its rights to both institute criminal proceedings against such persona and its employer and/or claim damages for any losses or damages it incurs from such person and/or its employer.
  • Brisun Hair shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of Website content by the User or any third party who obtained any content from the User.
  • The User agrees that, once the correct username and password relating to its account has been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, the User will be liable for payment of such order
  • The User agrees to notify Brisun Hair immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of its username and password and to take steps to mitigate any resultant loss or harm.

THE USER

  • The User may not:
  • copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, license, sub-license, encumber or in any other way deal with any part of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of this Agreement;
  • decompile, disassemble, hack, abuse or reverse engineer any portion of the Website;
  • write and/or develop any derivative of the website or any other software Program based on the Website;
  • provide access to any third party;
  • remove any identification, trademark, copyright or other notices from the Website;
  • use the Website for any reason other than what Brisun Hair intended it to be used for;
  • post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind.
  • Save for application of the terms and conditions herein, Brisun Hair shall not be responsible to guide or supervise the User whatsoever, the User is a completely independent party and at no stage shall the User be regarded to be an agent or employee of Brisun Hair and may not represent any relationship of agency or employment.
  • The User is access the Website using their own connectivity with access to the internet. Any charges or costs incurred are the sole responsibility of the User.

LINKED THIRD PARTY WEBSITES AND THIRD PARTY CONTENT

  • Brisun Hair may provide links to third party websites on the Website. These links are provided to the user for convenience purposes only and Brisun Hair does not endorse, nor does the inclusion of any link imply Brisun Hair endorsement of, such websites, their owners, licensees or administrators or such websites’ content or security practices and operations.
  • While Brisun Hair tries to provide links only to reputable websites or online partners, Brisun Hair cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of Brisun Hair. Brisun Hair is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Website.
  • The User agrees that the Administrator shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Website. Any dealings that the User may have with any linked websites, including advertisers, found on the Website are solely between the User and the third party website.

DISCLAIMER

  • Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act 25 of 2002, the use of any information contained on this site is at the User’s own risk, and Brisun Hair and its affiliates accepts no liability for the use of and / or reliance upon and / or inability to use any information of this site, nor shall they be liable in any manner for any losses or damages of any nature resulting from the direct or indirect use of and/or reliance upon the information contained on the website or websites linked to the website. Users should always seek professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
  • All products purchased through the Brisun Hair website are purchased by Users entirely at their own risk, and the risk of loss, harm or damage shall not be borne by Brisun Hair, or its representatives to such User whatsoever.
  • It is the User’s responsibility to ensure that their software or hardware, as the case may be, is compatible with the Website.
  • Should Users purchase Products on the Website, and are unable to sell same to their customers such, Brisun Hair will not be held liable and has no duty to refund the User.
  • Returns are strictly subject to Brisun Hair’s returns policy, which takes into account the nature of the product and inter aliasensitive hygiene requirements.
  • Communications expressed on this site and Brisun Hair’s social media pages should not be regarded as the opinion or view of Brisun Hair and Brisun Hair will accept no liability resulting there from.
  • The Website is supplied in the form preferred by Brisun Hair and is not catered per the requirements of an individual.
  • Regarding any hyperlinks provided on the Website, Brisun Hair does not necessarily agree with the content thereof and accepts no liability incurred from the use of such hyperlinks.
  • Users agree to indemnify and hold harmless Brisun Hair, its officers, directors, employees, partners, suppliers and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that the User has used the Website in violation of another party’s rights, in violation of any law, in violation of any provisions of the terms, or any other claim related to the User’s use of the Website.

RISK, LIMITATION OF LIABILITY AND INDEMNITY

  • Brisun Hair shall not be liable, and the User hereby waives any claim, for any direct or indirect loss or damage (including consequential or incidental harm) caused due to the Website (or any content thereon) not being operational, accessible or fully functional for any period of time for any reason whatsoever.
  • Use of the Website and the information contained thereon is at the sole risk of the User or prospective user.
  • Transmission of information via the Website or the internet at large is subject to various risks, both in and out of the Brisun Hair’s control. Each User expressly accepts the risks associated with transacting or accessing the Website and/or internet.
  • The User irrevocably and unconditionally indemnifies the Brisun Hair and holds Brisun Hair free from any loss, damages or claims suffered of any nature which may result as a result of the use of the Website or any interruption of the Website
  • Although Brisun Hair will always endevour to ensure that Website content is accurate, Brisun Hair makes no warranty or representation as to the availability, accuracy or completeness of the content of the Website.
  • Brisun Hair does not warrant that the Website or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality. Brisun Hair expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy;
  • Whilst Brisun Hair has taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via the Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the User’s system;
  • The User agrees that information provided on the Website is on an “as is” basis and that Brisun Hair and its online partners shall not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever these may arise.
  • The User hereby unconditionally and irrevocably indemnifies the Brisun Hair and agrees to hold Brisun Hair free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by the Administrator or instituted against the Administrator as a direct or indirect result of:
    • software, programs and support services supplied by, obtained by or modified by the User or any third party without the consent or knowledge of Brisun Hair;
    • The User’s failure to comply with any of the terms or any other requirements which Brisun Hair may impose from time to time.

CONFIDENTIALITY

  • Any information or material sent to Brisun Hair will be deemed not to be confidential, unless otherwise agreed in writing by the User and Brisun Hair.

COMPLIANCE WITH LAWS

  • The User is responsible to comply with all laws, statues, ordinances and regulations pertaining to use of and access to the Website.
  • This Website is controlled, operated and administered by the Brisun Hair from its offices within the Republic of South Africa. Brisun Hair makes no representation that the content of the Website is appropriate or available for use outside of South Africa. Access to the Website from territories or countries where the content of the Website is illegal is prohibited. Users may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws.

INTELLECTUAL PROPERTY RIGHTS

  • All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website (“proprietary material”), are the property of, or are licensed to, the Brisun Hair and as such are protected from infringement by local and international legislation and treaties.
  • Brisun Hair may reproduce, repost, quote, distribute or make use of any comments or communication or media posted onto the Website and/or its social media platforms by any User.

PRICING

  • Although Brisun Hair will try its best to ensure that prices are displayed correctly, some items may be inadvertently mispriced.
  • Should a Product be mispriced, Brisun Hair reserves its right to amend incorrect pricing without notice and shall not be liable for any losses/damages incurred by any other party who may have relied on the information displayed on the Website.
  • Should a Product be ordered, and it has been mispriced, Brisun Hair may contact the User prior to dispatch and advise of the correct price. The User then has the option to:
    • Cancel the purchase order,
    • Purchase at the amended, correct, price.
  • Any prices displayed on the Website or placed in the shopping basket may be subject to change, update or variation by Brisun Hair without notice.
  • Prices quoted, unless displayed otherwise:
  • Are in South African Rands (any may be converted to another currency via paygate, costs of which will not be borne by Brisun Hair);
  • Exclude VAT,
  • Do not include delivery charges which may be levied,
  • Do not include any taxes or duties which may be imposed on purchase of the Product.

ORDERING PROCESS

  • The User is guided through the ordering process, which commences when a User selects a Product and quantity thereof. The item is then placed into an online shopping basket.
  • The User then agrees to Brisun Hair’s terms of sale, and any other ancillary documentation or agreements that may be required by Brisun Hair in addition to these terms and conditions.
  • The User must stipulate the address of delivery and make payment.
  • Brisun Hair relies solely on the User’s input and does not verify the correctness of the User’s information provided.
  • Once the order is complete, a confirmation is sent and Brisun Hair will deliver the Products in terms of these terms and conditions.
  • Payments are made in terms of Brisun Hair’s existing payment terms as are applicable or any amendments thereto.
  • Although risk of the Products transfers to the User upon delivery, ownership shall vest in Brisun Hair until it has been paid in full.
  • Brisun Hair may take orders on telephonically or via email.
  • Brisun Hair will endeavor to dispatch the Products within 3 (three) days of order.
  • Once the Product has been dispatched, the terms applicable to returns will apply and the order may not be unilaterally cancelled by the Customer.

USE OF PRODUCTS PURCHASED ON THE WEBSITE

  • All persons using Products purchased on the Website (whether purchased directly or indirectly) do so at their own risk and is fully responsible for acquainting themselves with the applicable warnings and/or instructions.
  • Brisun Hair does not warrant that Products purchased through the Website are suitable for the end-user’s needs.
  • Brisun Hair may not be held liable for any harm/damages incurred as a result of Products purchased from it. Brisun Hair may only be held liable for the cost of the Product sold, but reserves its right in this regard at all times.
  • Products must be used in accordance with instructions provided in the packaging.

EXCHANGES, RETURNS AND REFUNDS

  • Brisun Hair shall not be liable, and the User hereby waives any claim, for the remission and / or refund of any payment due to the site not being operational for any period of time.
  • Brisun Hair’s prevailing exchange, returns and refunds policies shall be applicable between Brisun Hair and the User which may be amended by Brisun Hair from time to time.
  • Returning incorrect products or products which were delivered by mistake:
    • Brisun Hair must be notified within 2 (two) days and will arrange collection and delivery of the correct Product;
    • The Product must be left with its original packaging with the tag intact, unworn, unwashed and undamaged. Weaves, bundles and extensions must remain sealed and unrolled.
  • Brisun Hair will honour the manufacturer and/or wholesaler and/or agent and/or supplier warrantee, should same be applicable, and return or replace the Product in terms thereof.

DOMICILIUM

Except as explicitly stated otherwise, any notices shall be given by email to info@brisunhair.com or to the e-mail address the User provided to Brisun Hair, or such other address that has been specified. Notice shall be deemed given 48 (forty eight) hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Brisun Hair may give you notice by registered mail, postage prepaid and return receipt requested, to the address which you have provided to Brisun Hair.

In such case, notice shall be deemed given 7 (seven) days after the date of mailing. The User acknowledges that all agreements, notices or other communication required to be given in terms of the law or these terms and conditions may be given via electronic means and that such communications shall be “in writing”. Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.

Brisun Hair chooses its domicilium citandi et executandi for all notices, correspondence or court process at:

Email address: info@BrisunHair.com

The User chooses its domicilium citandi et executandias the email address It registers with.

JURISDICTION AND GOVERNING LAW

  • This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa, notwithstanding the location that the User accesses or uses the website from.
  • Brisun Hair shall nevertheless have the right to institute proceedings in any other competent court which may otherwise have jurisdiction should it choose.

WHOLE AGREEMENT

This Agreement (together with the policies of Brisun Hair, and agreements a/or amendments thereto and terms of sale and/or amendments thereto, other ancillary documentation, the terms of any purchase order together with product manufacture warrantees, as the case may be) constitutes the entire Agreement between Brisun Hair and the User with regard to the use of the content and this website.

SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable or contrary to any law for any reason, that provision is fully severable from the remaining provisions of this Agreement. Such invalid or unenforceable parts shall be considered pro non scripto.

GENERAL

  • Any relaxation of the terms of this Agreement shall not be construed as a waiver or novation of the Brisun Hair’s rights unless reduced to writing and signed by a director of Pepperfly.
  • Brisun Hair may modify its website, website content and these terms and conditions at any time. Modifications will be provided by notice via email to registered Users or by publishing the changes on the Website. Nevertheless it is the User’s duty to acquaint itself with the contents of the website’s terms and conditions and be aware that same may change from time to time at the discretion of Brisun Hair.
  • The User may not cede or assign its rights in terms of this Agreement without the prior written consent of Brisun Hair, which may be withheld.
  • Brisun Hair may record any correspondence with Users (whether telephonic, electronic or otherwise) but has full discretion whether to store such recordings.
  • Brisun Hair does not guarantee continuous, uninterrupted or secure access to the Website, as operation of the Website may be interfered with as a result of a number of factors that are outside of Brisun Hair control.
  • Any offers, discounts or promotions which Brisun Hair offers from time to time will be for a specific time period only, at Brisun Hair’s discretion. Brisun Hair may terminate such offer, discount or promotion without notice.
  • Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.