This website, including all content herein contained ("the Website”), is owned and operated by Bamboo Revolution Proprietary Limited 2013/038407/07 ("Bamboo Revolution"). Your access and/or use of the Website constitutes your agreement to be bound by the terms and conditions set out hereunder ("the Terms and Conditions"). All rights in and to the content of the Website remain at all times expressly reserved by Bamboo Revolution.
The terms "user", “you" and “your” are used interchangeably in these Terms and Conditions and refer to all persons accessing the Website for any reason whatsoever.
- The Website is intended to be utilised for user’s general information and use only.
- The Website is subject to change without notice.
- By entering the Website, you agree to be bound by the Terms and Conditions included here.
Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence.
RULES OF USE
- By using the Website, users agree not to:
- do anything which violates any of these Terms and Conditions;
- spam our communication facilities;
- make any misrepresentation;
- post, upload or transmit any abusive content;
- replicate or store abusive content on any of our platforms;
- do anything that does not comply with generally accepted Internet etiquette including (without limitation) the excessive use of capitalised text, the use of inflammatory or antagonistic criticism (flaming), or wastefully and unnecessarily including previous communications in any postings;
- commit fraud;
- violate or infringe the intellectual property rights, contractual or fiduciary rights, privacy or publicity rights of another;
- use the Website for commercial purposes other than as provided for in clause 3;
- repeatedly or in a rapid manner transmit content in such a manner as to have the effect of harassing a recipient;
- transmit content that you do not own or do not have the right to publish or distribute, whether under law or contract;
- perform or encourage any illegal activities including (without limitation) promoting or facilitating access to, use of or sale of dangerous substances or devices;
- fail to comply with applicable domestic, national and international laws, rules and regulations;
use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means;
deface, alter or interfere with the front end ‘look and feel’ of the Website or the underlying software code;
help any third party to do any of the above.
- The user may purchase watches utilizing the online store on the Website.
- By placing an order for a watch on the Website the user:
- warrants that he/she has the legal capacity to enter into the transaction;
- agrees that the sale agreement is only concluded when Bamboo Revolution dispatches the watch to the user;
- acknowledges that Bamboo Revolution may cancel any order at any time, but will refund any money received in respect of that order; and
- agrees that the transaction is concluded where Bamboo Revolution is domiciled.
- The watches are sold on the following basis:
- the user will pay the purchase price (including any taxes, delivery fees, or other related costs) as set out on the Website;
- Bamboo Revolution will determine the method of packaging and delivery unless agreed otherwise;
- Bamboo Revolution will dispatch the goods as soon as possible after an order has been placed; and
ownership and risk in the watches passes to the user on full payment of the purchase price.
- All amounts payable by the user to Bamboo Revolution in regard to any transaction on the Website shall be settled in full, without deduction or set off, either by way of cash, electronic funds transfer into a bank account nominated by Bamboo Revolution or by using any major credit cards accepted by Bamboo Revolution at the time of placing the order.
- This Website does not store any user credit card information. At no stage is credit card information stored together with user personal information
The user understands that the watches are made of carbonated bamboo, A-Grade vegetable tanned leather and other natural materials. The nature of the watches is that they stretch, change colour, and wear over time.
The watches are guaranteed:
one year from date of purchase for all defects in the material or workmanship of the mechanism including all moving parts; and
six months from date of purchase for all defects in material or workmanship of the additional parts such as the strap, buckle, and lens.
Any defects in the watches will be repaired or replaced, according to Bamboo Revolution’s product guarantee policy, which complies with the Consumer Protection Act 68 of 2008 (“the CPA”).
INTELLECTUAL PROPERTY PROTECTION
All trademarks, copyright, database rights and other intellectual property rights in the materials on the Website (as well as the organisation and layout of the Website) together with the underlying software code (“the intellectual property”) are owned (or co-owned, as the case may be) by Bamboo Revolution, its members, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to the user herein, all other rights to all intellectual property on the Website are expressly reserved. The user may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, graphics or other material on the Website or the underlying software code whether in whole or in part, without the written consent of Bamboo Revolution first being had and obtained, which consent may be refused at the discretion of Bamboo Revolution. Permission to use the intellectual property and/or editorial content of and/or graphics on the Website may be granted on a case by case basis and/or in regard to Bamboo Revolution’s corporate policies from time to time. No modification of any intellectual property or editorial content or graphics is permitted. Any enquiries in this regard must be directed to Bamboo Revolution at email@example.com.
Bamboo Revolution grants to users a personal, non-exclusive, non-assignable and non-transferable license to use, print and display all content and information contained in the Website on any machine of which the user is the primary user for non-commercial purposes only. Save as aforesaid, nothing contained on the Website should be construed as granting any licence or right to use any intellectual property without the prior written permission of Bamboo Revolution.
You may only use the Website in accordance with these Terms and Conditions and, in any event, for lawful and proper purposes which includes complying with all applicable laws, regulations and codes of practice within the Republic of South Africa (“RSA”) or other jurisdiction from which you are accessing the Website.
Without prejudice to any of Bamboo Revolution’s other rights (whether at law or otherwise), Bamboo Revolution reserves the right to terminate the license and deny you access to the Website where Bamboo Revolution believes (in its reasonable discretion) that you are in breach of any of these Terms and Conditions.
Bamboo Revolution reserves the right to make improvements or changes to the intellectual property, information, artwork, graphics and other materials on the Website, or to suspend or terminate the Website, at any time without notice; provided that any registrations already placed through the Website will not be effected by such suspension or termination (as the case may be).
RECEIPT AND TRANSMISSION OF DATA MESSAGES
- Data messages, including e-mail messages, sent by users to Bamboo Revolution shall be deemed to be received only when acknowledged or responded to.
- Data messages sent by Bamboo Revolution to users shall be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
Bamboo Revolution reserves the right not to respond to any e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take appropriate action against the sender of such e-mail where necessary.
- Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. Bamboo Revolution is therefore not responsible for the accuracy of any message sent by email over the internet – whether from Bamboo Revolution to you or from you to Bamboo Revolution.
- The personal information of users is not required in order to access the Website. However, personal information is required for making purchases via the Website. Additionally, Bamboo Revolution may perform research from time to time in the form of surveys. All membership signups and survey responses are voluntary and the information collected will only be used for research purposes to help Bamboo Revolution better understand the Website users. Such information will not be willfully disclosed.
Bamboo Revolution collects, collates, processes, exports and uses the following types of information about you when you use the Website:
- information provided by you. Bamboo Revolution collects personal information (that is information about you that is personally identifiable like your name, address, age, gender, e-mail address, phone number(s) and other unique information such as user IDs and passwords, billing and transaction information, product and service preferences and contact preferences that are not otherwise publicly available). Bamboo Revolution verifies your name and email address, when you complete the registration process; and
- information that is collected automatically. Bamboo Revolution receives and stores information which is transmitted automatically from your computer when you browse the internet. This information includes information from cookies (which are described in clause 4 below), your Internet Protocol (“IP”) address, browser type, web beacons, embedded web links, and other commonly used information-gathering tools. These tools collect certain standard information that your browser sends to the Website such as your browser type and language, access times, and the address of the website from which you arrived at the Website. Your IP address is the unique address of your computer which is automatically provided to other computers when your web browser or email application requests a web page or email from those computers on the internet. Bamboo Revolution may also use some of these automatic data collection tools in connection with certain emails sent from Bamboo Revolution and therefore may collect information using these tools when you open the email or click on a link contained in the email.
Bamboo Revolution keeps track of the number of visitors to the site, the pages visited and duration to help maintain accurate, timely, complete and relevant information for Bamboo Revolution 's business purposes.
Bamboo Revolution may link information stored in cookies such as your age, gender and country with your personally identifiable information and it may use such information to gather statistics about the number of people who visit the Website and to customize the Website’s content, layout and services for delivery to you.
- Bamboo may store your personal information outside of the Republic of South Africa.
- Use and Disclosure of information
Bamboo Revolution may display your personal information contained in your profile.
Bamboo Revolution will use your email address to contact you from time to time relating to promotions and offers, and may also use it for security reasons to confirm that you are who you say you are.
Bamboo Revolution agrees not to use users’ provided electronic mail address in any manner that users do not consent to nor alert any other parties of users’ address without your consent.
- Users have the right to opt out of receiving electronic mail communication by following the directions posted on every electronic mail communication.
Bamboo Revolution may use the information collected automatically, such as your IP address and information stored via cookies, to gather statistics about the number of people who visit the Website and to customise the Website’s content, layout and services. Bamboo Revolution may share this information with third parties to help it improve and better serve its users.
- Advertisements may be delivered to you by Bamboo Revolution’s advertising partners. Bamboo Revolution may transfer information about your use of the Website, such as your IP address and information stored via cookies, to its advertising partners and other third parties. This information may be used to provide advertising, promotions and other products and services that may be of particular interest to you.
Bamboo Revolution’s advertising partners may set and access cookies or use other technologies such as web beacons (which are electronic files that allow a web site to count users who have visited that page or to access certain cookies) in order to personalise advertising content. Use by these advertising partners of their own cookies and any other tracking technologies are subject to their privacy policies. Bamboo Revolution uses its reasonable efforts to ensure that its advertising partners are operating privacy policies that are in accordance with its own privacy standards as set out in herein.
Bamboo Revolution’s advertising and promotions partners have no access to your name or personal contact information stored by Bamboo Revolution unless you choose to share it with them. Bamboo Revolution will not provide your name or personal contact information to an advertising partner when you interact with or view a targeted advertisement.
Bamboo Revolution may provide your personally identifiable information and the data generated by cookies and the aggregate information to the vendors, service providers and service agencies that Bamboo Revolution may engage to assist it in providing its products and services to you. Such vendors and service agencies will be obligated to use your personally identifiable information solely to provide the products to the Bamboo Revolution.
Bamboo Revolution will disclose your personally identifiable information if it reasonably believes that it is required to do so by law, regulation or other government authority or to protect the rights and property of the Bamboo Revolution, its affiliates or the public. Bamboo Revolution may also co-operate with law enforcement in any official investigation and it may disclose your personally identifiable information to the relevant agency or authority in doing so.
- Circumstances may arise where, whether for strategic or other business reasons, Bamboo Revolution decides to sell, buy, merge or otherwise reorganize its business. Such a transaction may involve the disclosure of personal information to prospective or actual purchasers, or the receipt of it from sellers. It is Bamboo Revolution’s practice to seek reasonable protection for information in these types of transactions.
- Access to and accuracy of your information
Bamboo Revolution strives to keep your personal information accurately recorded. Bamboo Revolution has implemented technology, management processes and policies to help maintain data accuracy. Bamboo Revolution provides individuals with the reasonable ability to review and correct it or ask for anonymization, blockage, or deletion, as applicable.
- To protect your privacy and security, Bamboo Revolution will also take reasonable steps to verify your identity, such as requiring a password and user ID, before granting access to your data. To view and change the personal information that you directly provided to Bamboo Revolution you can utilize the “Account Information” function on the Website or contact us at firstname.lastname@example.org.
- You are entitled to request access to any relevant personal data held by Bamboo Revolution as laid out in the Promotion of Access to Information Act 2 of 2000 and where such access is necessary for you to exercise and/or protect any of your rights.
- In accordance with the Protection of Personal Information Act 4 of 2013, users may request Bamboo Revolution to review the personal information which it holds and may request for Bamboo Revolution to delete such information.
MONITORING AND INTERCEPTION OF DATA MESSAGES
- In order to provide a relevant and secure service and to promote the secure and efficient operation of the Website, and where required to do so by law, Bamboo Revolution may monitor and/or intercept electronic communications such as e-mails which are sent to the Website. To the full extent necessary under law, the user hereby acknowledges that he or she is aware of such potential monitoring and/or interception and consents thereto.
HYPERLINKS, DEEP LINKS & FRAMING
The Website may include links to other internet sites ("the other sites"). Bamboo Revolution does not endorse the other sites and is not responsible for the information, material, products or services contained on or accessible through the other sites. Any such hyperlinks do not imply any endorsement, agreement on or support of the content or products of such target sites.
Your access and use of the other sites remains solely at your own risk.
- Hyperlinks to the Website from any other source shall be directed at the home page of the Website and shall not portray Bamboo Revolution or its members, associates, partners or their products in a false, misleading, derogatory, or otherwise offensive matter. Links beyond the home page of the Website may only be used with Bamboo Revolution’s prior written consent. It is expressly prohibited for any person, business, entity, or website to frame any page on the Website, including the home page, in any way whatsoever, without the prior written approval of Bamboo Revolution.
ADVERTISING AND SPONSORSHIP
- The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the Website complies with all applicable laws and regulations, including, for the avoidance of any doubt, the CPA.
Bamboo Revolution, its members, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
- The entire Website, including any intellectual property appearing hereon, is provided "as is" and "as available". Bamboo Revolution makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Website or the information contained in it.
- All information supplied by product suppliers, sponsors or partner organizations and any opinions expressed by any member, employee, agent or service provider of Bamboo Revolution in relation to any of the products are those of the authors and not Bamboo Revolution. While Bamboo Revolution makes every reasonable effort to present such information accurately and reliably on the Website, Bamboo Revolution, to the maximum extent permitted in law, does not endorse, approve or certify such information, does not guarantee the accuracy, completeness, efficacy or timeliness of such information nor does it warrant in any way that the suitability or competency of the suppliers listed on the Website.
- To the maximum extent permitted in law, Bamboo Revolution, its members, employees, suppliers, partners, affiliates and agents, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the Website (or any of the pages therein contained) and/or transactions or actions resulting therefrom.
- To the maximum extent permitted in law, Bamboo Revolution, its members, employees, suppliers, partners, affiliates and agents, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the access to, or use of, the Website in any manner.
Bamboo Revolution has no control over third party content and features which can be accessed through the use of the Website and does not examine or edit such content and features or act as an agent for third parties accessible through the Website. As such and to the maximum extent permitted in law, Bamboo Revolution, its members, employees, suppliers, partners, affiliates and agents shall not be liable whatsoever for any direct or indirect loss or damage arising from the use of third party websites, contents and/or features.
Bamboo Revolution does not warrant or represent that your access to the Website will be uninterrupted or error free or that any information, data, content, software or other material accessible through the Website will be free of bugs, viruses, worms, trojan horses or other harmful components. Your access to and use of the Website remains solely at your own risk.
- The user indemnifies and holds harmless Bamboo Revolution, members, employees, servants, subcontractors, partners, subsidiaries and affiliates from any demand, action or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of the Website, third party websites or any of the products offered or ordered through such sites in any way.
- The user agrees to indemnify, defend and hold Bamboo Revolution harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s breach of these Terms and Conditions.
- THE CONSUMER PROTECTION ACT
The following provisions are drawn to the attention of the user if the CPA applies to any transaction concluded pursuant to these Terms and Conditions (as defined below):
- Clause 3.4 of these Terms and Conditions contains a provision in terms whereof risk in the watches passes to the user on payment of the purchase price. The effect of this is that the user may have limited or no recourse against Bamboo Revolution and its respective subsidiaries, affiliates, suppliers, distributors and each such company’s officers, directors, employees and agents in circumstances where the watch has been damaged or lost subsequent to payment.
- Clause 3 of these Terms and Conditions contains a provision in terms whereof Bamboo Revolution excludes liability in respect of any loss, damage or delay, including loss of profits, suffered by the user, whether direct, indirect, consequential or otherwise, arising from information made available on (or by means of) the Website (or any of the pages therein contained) and/or transactions or actions resulting therefrom. The effect of this is that the user may have limited or no recourse against Bamboo Revolution and its respective subsidiaries, affiliates, suppliers, distributors and each such company’s officers, directors, employees and agents in the circumstances referred to therein;
- Clause 4 of these Terms and Conditions contains a provision in terms whereof Bamboo Revolution excludes liability in respect of any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from access to, or use of, the Website in any manner. The effect of this is that the user may have limited or no recourse against Bamboo Revolution and its respective subsidiaries, affiliates, suppliers, distributors and each such company’s officers, directors, employees and agents in the circumstances referred to therein;
- Clause 5 of these Terms and Conditions contains a provision in terms whereof Bamboo Revolution excludes liability in respect of any direct or indirect loss or damage arising from the use of third party websites, contents and/or features. The effect of this is that the user may have limited or no recourse against Bamboo Revolution and its respective subsidiaries, affiliates, suppliers, distributors and each such company’s officers, directors, employees and agents in the circumstances referred to therein;
- Clause 1 of these Terms and Conditions contains a provision in terms whereof the user indemnifies Bamboo Revolution, its members, employees, servants, subcontractors, partners, subsidiaries and affiliates from any demand, action or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of the Website, third party websites or any of the products offered or ordered through such sites in any way. The effect of this is that the user could become liable to compensate Bamboo Revolution;
- Clause 2 of these Terms and Conditions contains a provision in terms whereof the user indemnifies Bamboo Revolution, its members, employees, servants, subcontractors, partners, subsidiaries and affiliates from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s breach of these Terms and Conditions. The effect of this is that the user could become liable to compensate Bamboo Revolution.
- Should any dispute, disagreement or claim arise between the parties concerning use of the Website, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
- The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platform. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim.
- Each of the parties chooses their domicilium citandi et executandi for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms and Conditions as being:
- in the case of Bamboo Revolution, at
Address: Unit C2, 31 Wesley Street, Cape Town 8001
- in the case of the user, at the e-mail and delivery addresses provided by the user to Bamboo Revolution in the registration process.
- Any notices to any party will be sent via prepaid registered post, delivered by hand or sent by e-mail. Unless the contrary is proved, any notice:
- sent by prepaid registered post will be deemed to have been received on the 5th (Fifth) Business Day after posting;
- any notice delivered by hand on a Business Day will be deemed to have been received on the date of delivery; provided that if such day is not a Business Day, then such notice shall be deemed to have been received on the 1st (First) Business Day following the date of delivery;
- transmitted by email will be deemed to have been received on the same day of transmission; provided that if such day is not a Business Day, then such notice shall be deemed to have been received on the 1st (First) Business Day following the day of transmission.
- For the purposes of this clause 13, the term "Business Day" means any day other than a Saturday, Sunday or Public Holiday in the RSA.
- Each of the parties will be entitled from time to time, by written notice to the other to vary its domicilium to any other address which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.
- Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
- This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 5 below, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms and Conditions or their duly authorised representatives.
- No indulgence, leniency or extension of time granted by the Website owner shall constitute a waiver of any of Bamboo Revolution’s rights under these Terms and Conditions and, accordingly, Bamboo Revolution shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.
- Words importing the singular will include the plural, and vice versa, and words importing the masculine gender will include the feminine and neuter genders, and vice versa, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.
- The headings to the paragraphs to the Terms and Conditions are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
Bamboo Revolution may amend, vary and/or modify these Terms and Conditions at any time, and such amendment, variation and/or modification shall be effective immediately upon posting of the amended, varied and/or modified Terms and Conditions on the Website (“the modified Terms and Conditions”). Accordingly, your continued access or use of the Website is deemed to be your acceptance of the modified Terms and Conditions.
- Your access and/or use of the Website, any downloaded material from it and the operation of these Terms and Conditions (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the RSA.
The parties consent to the non-exclusive jurisdiction of the Western Cape High Court (Cape Town). In terms of Section 45 of the Magistrate's Courts Act (no 32 of 1944, as amended) or any comparable legislation, both parties consent to the jurisdiction of a Magistrate's Court having jurisdiction in respect of any action arising between Bamboo Revolution and the user.
- You hereby consent to receive any and all approaches and/or communications from Bamboo Revolution, its members, agents and/or their marketing service providers, (whether via e-mail or otherwise) whether for the purposes of direct marketing or otherwise. Should you not wish to receive any approaches and/or communications as aforesaid, kindly address an e-mail to email@example.com advising Bamboo Revolution of same.
- Should you have any complaints or queries, kindly address an e-mail to firstname.lastname@example.org advising Bamboo Revolution of same.
- In the event of the user failing to pay any amount timeously or breaching these Terms and Conditions, the user shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by Bamboo Revolution arising therefrom.
- All or any VAT arising from the supply of any goods and/or services (as defined in the Value-Added Tax Act No 89 of 1991 or any statutory reenactment or modification thereof) by Bamboo Revolution to the user in terms of a transaction shall become due for payment and shall be paid by the user together with the amount in respect of which such VAT has been levied.
- Each sentence, paragraph, term, clause and provision of these Terms and Conditions and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation (including, without limitation, the CPA and any regulations thereto) or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
- No term or condition of these Terms and Conditions is intended to breach any peremptory provisions of the CPA and any regulations thereto ("Prohibited Provision"). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 12 mutatis mutandis.