Privacy Policy
PART B – PRIVACY POLICY
We Super Star Fashions Pty (Ltd), www.superstarfashions.co.za is committed to protecting the privacy of users of our site. At Super Star Fashions Pty (Ltd), we intend to give you as much control as possible over your personal information, including the registration data. As part of the normal operation of this site, we collect information from you. This Privacy Statement describes the information we collect about you and what may happen to that information.
Information gathered through the website www.superstarfashions.co.za
Currently, superstarfashions.co.za uses personal information as a basis for notifications to users, “opt-in” emails, and in order to implement the contents of the Terms and Conditions of Use governing the website (the “Terms”). User names and email addresses (as well as any additional information that a user may choose to submit) are not publicly available on the superstarfashions.co.za site nor will it be made available to any third party without the consent of the subscriber unless South African Law requires this.
superstarfashions.co.za may conduct surveys or other studies of its customer base and usage for marketing and planning purposes. With respect to information collected from such surveys or studies, and in the event that responses are to be publicly disclosed, users will be notified at the time they take the survey and superstarfashions.co.za will disclose only aggregate information regarding its users and not personal information identifying any specific individual. Notwithstanding the foregoing, in cases where surveys allow users to submit written comments, and where superstarfashions.co.za advises users of the possibility of such disclosure at the time they take the survey, superstarfashions.co.za reserves the right to disclose text information provided by any user through such a survey, provided that no personal information identifying that user is disclosed. Participation in such surveys are not obligatory; superstarfashions.co.za does not conduct mandatory surveys. Circumstances under which superstarfashions.co.za would publicly disclose such aggregate information include, but are not limited to, sharing survey results with the site population and publicizing overall usage data in press communications.
Cookies
superstarfashions.co.za employs “cookies” to provide a user with tailored information. A “cookie” is an element of data that a Service or site, when visited by a user, send to that user\’s browser that, in turn, may store that element on the user\’s hard drive or memory. superstarfashions.co.za uses cookies to better serve users who use our services; any cookies sent by superstarfashions.co.za will be marked so that they will be accessible only by websites subject to this Privacy Statement. However, at his or her option, and at his or her sole expense and responsibility, any user may block or delete our cookies from his or her hard drive. By disabling cookies, however, certain site features and functionality may no longer work properly, or not at all.
Other Notification
In order to implement or enforce the Terms and Conditions of superstarfashions.co.za may use personal information to contact users on an individual basis.
At no time, unless law requires such disclosure, disclosure is necessary to aid law enforcement, or a user specifically authorizes such disclosure, will superstarfashions.co.za disclose individual user personal information that is not publicly available to unrelated third parties.
Choice
“Opt-in” Emails: Users may “opt-in” to receive site notifications, newsletters or other information via email. Users may remove themselves from such services at their discretion. Any email sent to an “opt-in” list will include directions for how a user may remove himself or herself from the list, or a URL where the user may find such directions.
Access
Users can view their data on their personal profile page. When technically feasible, users are permitted to update their personal information directly through www.superstarfashions.co.za. When such updating service is not technically feasible, superstarfashions.co.za will make reasonable efforts to assist users in updating their personal information. Requests may be send to: superstarfashions@gmail.com
Security
To secure site integrity, superstarfashions.co.za employs measures including but not limited to security audits, use of encryption tools and software, and other reasonable security measures and procedures.
Internal access to users\’ private and non-public personal information is restricted to site administrators and individuals on a need-to-know basis.
Enforcement
In the event that superstarfashions.co.za becomes aware that site security is compromised or user non-public information has been disclosed to unrelated third parties as a result of external activity, including but not limited to external security attacks, superstarfashions.co.za shall take reasonable measures which it deems appropriate, including but not limited to internal investigation and reporting, and notification to and cooperation with law enforcement authorities, notwithstanding other provisions of this statement.
If superstarfashions.co.za becomes aware that a user\’s personal information provided to superstarfashions.co.za has been disclosed in a manner not permitted by this Privacy Statement, superstarfashions.co.za shall make reasonable efforts to notify the affected user, as soon as reasonably possible and as permitted by law, of what information has been disclosed, to the extent that superstarfashions.co.za knows this information.
Updates to the Privacy Statement
To substantively update the Privacy Statement, we will both post the changed version and its effective date here. Concurrently with any substantive change to the Privacy Statement, we will email notice of the change to known users at least 15 days in advance (or such shorter or longer time as mandated by law or any judicial or government body).
No Guarantees
While this Privacy Statement expresses superstarfashions.co.za\’s standards for maintenance of private data, superstarfashions.co.za is not in a position to guarantee that the standards will always be met. There may be factors beyond our control that may result in disclosure of data. As a consequence, superstarfashions.co.za disclaims any warranties or representations relating to maintenance or nondisclosure of private information.
PART C – GENERAL LEGAL TERMS
- Changes to these terms and conditions
11.1. Super Star Fashions Pty (Ltd) 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 Website.
11.2. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
Electronic communications
When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy as set out in clause 10 above.
Ownership and copyright
13.1. The contents of the Website, 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 Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Super Star Fashions Pty (Ltd), its advertisers and/or sponsors and/or is licensed to Super Star Fashions Pty (Ltd) .
13.2. You will not acquire any right, title or interest in or to the Website or the Website Content.
13.3. Any use, distribution or reproduction of the Website 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 Website Content contact our Manager at 016-422-3048.
13.4. Where any of the Website Content has been licensed to Super Star Fashions Pty (Ltd) 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.
Disclaimer
14.1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the website.
14.2. Whilst Super Star Fashions Pty (Ltd) takes reasonable measures to ensure that the content of the Website is accurate and complete, Super Star Fashions Pty (Ltd) makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.
14.3. Super Star Fashions Pty (Ltd) disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
14.4. Although goods sold from the website may, under certain specifically defined circumstances, be under warranty, the website itself and all information provided on the website 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.
14.5. Any views or statements made or expressed on the website are not necessarily the views of Super Star Fashions Pty (Ltd), its directors, employees and/or agents.
14.6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Super Star Fashions Pty (Ltd) also makes no warranty or representation, whether express or implied, that the information or files available on the Website 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 Super Star Fashions Pty (Ltd), its employees, agents or authorised representatives. Super Star Fashions Pty (Ltd) 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 Website.
Linked third party websites
15.1. This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Super Star Fashions Pty (Ltd) is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
15.2. Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites 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 Websites or your reliance on any information contained thereon.
Limitation of liability
16.1. Super Star Fashions Pty (Ltd) cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the website, save where such liability arises from the gross negligence or willful misconduct of Super Star Fashions Pty (Ltd) , its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors.
16.2. Super Star Fashions Pty (Ltd) 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 WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
16.3. YOU HEREBY INDEMNIFY Super Star Fashions Pty (Ltd) 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 WEBSITE AND/OR ANY LINKED THIRD-PARTY WEBSITE.
Availability and termination
17.1 We will use reasonable endeavours to maintain the availability of the website, except during scheduled maintenance periods, and reserve the right to discontinue providing the website or any part thereof with or without notice to you.
17.2. Super Star Fashions Pty (Ltd) may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Super Star Fashions Pty (Ltd) will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time and to the extent possible.
17.3. 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, and you fail to remedy such failure within 7 (seven) days of notice to you by us, this may (in our sole discretion) lead to a suspension of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
Governing law and jurisdiction
18.1. 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 website 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.
18.2. In the event of any dispute arising between you and Al Capone Fashions, 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.
18.3. Nothing in this clause 18 or the Terms and Conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
Super Star Fashions Pty (Ltd) information
For the purposes of the ECT Act, Super Star Fashions Pty (Ltd) information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
20.1. Full name: Super Star Fashions Pty (Ltd) t/a superstarfashions.co.za, a private company registered in South Africa with registration number
20.2. Main business: Online retailer
20.3. Physical address: 9 Beaconsfield Avenue, Vereeniging,1937
20.4. Office bearers: P.Mistry
20.5. Phone number: 016-422-3048
General
21.1. Super Star Fashions Pty (Ltd) may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
21.2. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
21.3. Any failure on the part of you or Super Star Fashions Pty (Ltd) to enforce any right in terms hereof shall not constitute a waiver of that right.
21.4. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
21.5. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
21.6. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
21.7. These Terms and Conditions contain the whole agreement between you and Super Star Fashions Pty (Ltd) and no other warranty or undertaking is valid, unless contained in this document between the parties.
