1. We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
2. Should you decide to register as a user on the Mobile app, we may require you to provide us with personal information which includes but is not limited to –
1. your name and surname;
2.your email address;
3.your physical address;
4. your gender;
5. your mobile number; and
6. your date of birth.
7. Make and Model of your vehicle
3. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
4. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
5. Subject to clause 14.6 below, we will not, without your express consent:
use your personal information for any purpose other than as set out below:
1. in relation to the ordering, sale and delivery of Goods;
2.to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us);
3.to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us); and
4.to improve our product selection and your experience on our Mobile app by, for example, monitoring your browsing habits, or tracking your sales on the Mobile app; or
2. disclose your personal information to any third party other than as set out below:
1.to our employees and/or third party service providers who assist us to interact with you via our Mobile app, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
2. to our divisions and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
3.to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;
4.to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;
5.to our suppliers in order for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement; and
6.to any Third Party Seller for purposes of sending you an invoice for any Goods purchased from such Third Party Seller, which disclosed information will be limited to your email address (refer to clause 13 above).
6. We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, My Washbay is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
7. We will ensure that all of our employees, third party service providers, divisions and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
8. Ratings and Reviews: When you provide a rating or review of a Product, you consent to us using that rating or review as we deem fit, including without limitation on the Mobile app, in newsletters or other marketing material. The name that will appear next to that rating or review is your First Name, as you would have provided upon registration. If you do not agree to this, please do not put any ratings or reviews on the Mobile app. We will not display your Last Name, nor any of your contact details, with a rating or review.
9. We will –
treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
provide you with access to your personal information to view and/or update personal details;
promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
10. We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
11. My Washbay undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.
12. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
2. Changes to these Terms and Conditions
1.My Washbay may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Mobile app.
2. Any such change will only apply to your use of this Mobile app after the change is displayed on the Mobile app. If you use the Mobile app after such amended Terms and Conditions have been displayed on the Mobile app, you will be deemed to have accepted such changes.
3. Electronic communications
4. Ownership and copyright
The contents of the Mobile app, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Mobile app (“Mobile app Content”) are protected by law, including but not limited to copyright and trade mark law. The Mobile app Content is the property of My Washbay, its advertisers and/or sponsors and/or is licensed to My Washbay.
2. You will not acquire any right, title or interest in or to the Mobile app or the Mobile app Content.
3. Any use, distribution or reproduction of the Mobile app Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Mobile app Content contact us via our Help page.
4. Where any of the Mobile app Content has been licensed to My Washbay or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
1. The use of the Mobile app is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Mobile app or reliance on any information on the Mobile app.
2. Whilst My Washbay takes reasonable measures to ensure that the content of the Mobile app is accurate and complete, My Washbay makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Mobile app or as to the accuracy, completeness or reliability of any information on the Mobile app. If any such representations or warranties are made by My Washbay’s representatives, My Washbay shall not be bound thereby.
3. My Washbay disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Mobile app and/or any content therein unless otherwise provided by law.
4. Although Goods sold from the Mobile app may, under certain specifically defined circumstances, be under warranty, the Mobile app itself and all information provided on the Mobile app is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
5. Any views or statements made or expressed on the Mobile app are not necessarily the views of My Washbay, its directors, employees and/or agents.
6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, My Washbay also makes no warranty or representation, whether express or implied, that the information or files available on the Mobile app are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of My Washbay, its employees, agents or authorised representatives. My Washbay thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Mobile app.
6. Linking to third party Mobile apps
1. This Mobile app may contain links or references to other Mobile apps (“Third Party Mobile apps”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Mobile apps and My Washbay is not responsible for the practices and/or privacy policies of those Third Party Mobile apps or the “cookies” that those sites may use.
2. Notwithstanding the fact that the Mobile app may refer to or provide links to Third Party Mobile apps, your use of such Third Party Mobile apps is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Mobile apps or your reliance on any information contained thereon.
7. Limitation of liability
1. My Washbay cannot be held liable for any inaccurate information published on the Mobile app and/or any incorrect prices displayed on the Mobile app, save where such liability arises from the 1. gross negligence or wilful misconduct of My Washbay, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our Help page.
2. MY WASHBAY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE MOBILE APP OR THE CONTENT CONTAINED IN THE MOBILE APP; OR YOUR INABILITY TO USE THE MOBILE APP, AND/OR UNLAWFUL ACTIVITY ON THE MOBILE APP AND/OR ANY LINKED THIRD PARTY MOBILE APP.
3. YOU HEREBY INDEMNIFY MY WASHBAY AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS MOBILE APP AND/OR ANY LINKED THIRD PARTY MOBILE APP.
8. Availability and termination
1. We will use reasonable endeavours to maintain the availability of the Mobile app, except during scheduled maintenance periods, and are entitled to discontinue providing the Mobile app or any part thereof with or without notice to you.
2. My Washbay may in its sole discretion terminate, suspend and modify this Mobile app, with or without notice to you. You agree that My Washbay will not be liable to you in the event that it chooses to suspend, modify or terminate this Mobile app other than for processing any orders made by you prior to such time, to the extent possible.
3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Mobile app without any prejudice to any claims for damages or otherwise that we may have against you.
4. My Washbay is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Mobile app and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by My Washbay to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Mobile app), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and My Washbay, in whole or in part, on notice to you. My Washbay shall only be liable to refund monies already paid by you (see My Washbay’s Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
5. At any time, you can choose to stop using the Mobile app, with or without notice to My Washbay.
9. Governing law and jurisdiction
1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Mobile app will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
2. In the event of any dispute arising between you and My Washbay, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
3. Nothing in this clause 22 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.