Terms of Use

Elemage SA Proprietary Limited (“Elemage”) Terms of Use (“Terms”)

These Terms are applicable to your access and use of the Website; contain exclusions and limitations of the liability of Elemage and its affiliates; and impose legal obligations on you. By using the Website, you indicate your acceptance of and agreement to these Terms. If you do not agree, please notify us in writing and we will terminate your Website access. We suggest that you print a copy of these Terms and keep it for your records.

Introduction
1. Elemage SA Proprietary Limited (“Elemage“, “us” or “we“) is the owner and operator of the futuremeworld.com website (the “Website“). The Website allows people (“Customers” or “You“) to create an account (their “Account“) and to browse purchase goods (the “Goods“) made available by Elemage on the Website.
1. To purchase the Goods, you will need to create an Account. To create an Account, you must supply us with all the information requested by us which may include your name, physical address, email address, mobile phone number, payment information and other personal information that we may request from time to time. When creating your Account, you will be asked to create a unique username and password (your “Access Details“). You will be required to enter your Access Details each time you access the Website.
Important Paragraphs
1. If you are a consumer, as defined in the Consumer Protection Act 68 of 2008 (“Consumer Protection Act“) we have a duty to point out certain important terms to you. The paragraphs which contain these important terms and reasons why they are important are set out below.
  1. Limitation of our liability. Paragraphs 4.1, 4.3, 6, 7, 9, 12, 13 and 14 are important because they limit and exclude obligations, liabilities and legal responsibilities that we may otherwise have to you. They also limit and exclude your rights and remedies and place various risks, liabilities, obligations and legal responsibilities on you.
  1. Assumption of risk. Paragraphs 3, 4.1, 4.3, 5, 6, 7, 10, 12, 13, 14, 18 and 20 are important because they each contain an assumption of risk by you. You must read each paragraph carefully because they set out charges payable by you and your responsibilities if you experience problems accessing the Website or purchasing the Goods. In these paragraphs you accept the risks associated with transmitting your data over the internet, that we may monitor your compliance with these Terms and that we may hold you responsible for the conduct of any person using your Access Details. These paragraphs amount to your acceptance that you must familiarise yourself with the terms and conditions, and privacy policy, of any third-party websites which the Website may link to, and you assume all responsibility and risk for the installation, use and results obtained from the use of the Website.
  1. Acknowledgement of fact. Paragraph 16 is important because they each contain an acknowledgement of fact by you. You will not be able to deny that these facts are true, and you understand that we are able to rely on these facts.
  1. Indemnity. Paragraphs 4.1 and 11 require you to indemnify (hold us harmless) us against claims that may be made against us in certain circumstances – this may place various risks, liabilities, obligations and legal responsibilities on you and we may claim payment from you of the amount of these claims
Permitted Use of the Website
1. You may only use the Website for the purposes of purchasing Goods from us and for other lawful purposes (collectively, “the Permitted Use“).
1. In addition, You shall not, without our prior written approval:
  1. frame, link to, modify, distribute, commercialise, exploit and/or alter the Website;
  1. perform any action which is illegal, fraudulent or violates or infringes any rights, title or interest (including but not limited to, any intellectual property rights) in or to the Website; and/or
  1. perform any other act which may not be considered fair use, or which otherwise contravenes these Terms.
1. We may, in our sole discretion, at any time and for any reason (including in circumstances of a breach of these Terms by you) and without prior written notice, suspend or terminate:
  1. the operation of the Website; and/or
  1. your right to use the Website.
1. You must not perform any act which may jeopardise or interfere with the functionality or the operation of any part of the Website, including any attempt to decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats, programming of the software forming part of the Website.
1. You may not intercept any information transmitted to or from us or the Website which is not intended by is to be received by you.
1. You shall be solely responsible for obtaining and maintaining all facilities, services, products and equipment, which may be required by you to access the Website.
1. The Website shall be subject to maintenance without any prior notice to you and this maintenance may result in the Website being inaccessible to you from time to time.
Your Access Details
1. Only you may use your Access Details and you may not disclose your Access Details to any third party. You hereby indemnify and hold us harmless from and against any damages or losses resulting or arising from disclosure of the Access Details.
1. Password control
  1. Good password practice is to ensure that passwords are a minimum of eight characters long and that passwords are not left as standard defaults or the same as the username. Names of family members, date of birth, car registration or any other name that could be easily accessed by another person should not be used. You must take care to ensure that no-one, other than you, is in possession of your Access Details.
  1. The Website allows you three attempts to enter the password correctly. If this limit is exceeded, you will be blocked from accessing the Website and will have to contact us.
1. Whenever your Access Details are used to make a purchase on the Website, we shall assume that you made the purchase and you will, to the maximum extent permitted by law, be liable for the fees, costs and/or expenses incurred in relation to that purchase.
These Terms are a contract
1. When using the Website, you enter a legally binding contract with Elemage on the basis set out in these Terms.
1. If you do not agree to any term or condition of these Terms, any policies, or any subsequent changes thereto or become dissatisfied with us or the Website, you must: (i) notify us in writing and (iii) immediately cease your use of the Website.
1. These Terms and the other policies constitute the complete and exclusive understanding and agreement between you and Elemage and govern your use of the Website superseding all prior understanding, proposals, agreements, negotiations and discussions between the parties, whether written, oral or tacit.
1. The Terms and any additional documents we incorporate by reference shall apply to you when you use any part of the Website.
1. These Terms may be updated by us at any time at our sole discretion. We may send you notice of such changes to the Terms. You may choose to either accept the changes before they apply or to end the use of the Website.
Order and Delivery Procedure
1. You may offer to purchase Goods on the Website as follows:
  1. The prices of the Goods are as quoted on the Website from time to time.
  1. Prices are inclusive of VAT.
  1. To place an order, you will specify the Good(s) and quantity to be ordered and follow the prompts that displays the specifications. Proceed to click on the View Order/Checkout button to proceed to the payments page. Please ensure to add the correct delivery address.
  1. You will make payment for the Goods in the manner specified on the Website, free from set-off or any deduction.
  1. Subject to applicable laws, we reserve the rights to accept or reject an order for Goods. Acceptance of an order is dependent on the availability of the Goods and receipt of payment. We shall indicate the rejection of the order by cancelling the order, and thereafter refunding you for any amounts that you may have already paid for that order.
  1. We will not dispatch an order for Goods for delivery to you until we have confirmed receipt of payment for that order.
  1. You are entitled to cancel an order for Goods provided that such cancellation is effected prior to receiving a dispatch or delivery notice. If the Goods are already delivered, you may return such Goods in accordance with our Returns Policy accessible at [Note: Elemage to insert website URL or hyperlink] (the “Returns Policy“).
  1. You may place Goods in your cart. This however does not constitute an order for the Goods and as such, the Goods may be removed from the cart and wishlist without prior notice to Elemage.
  1. Invoices and delivery notes shall be available for you to access under the “Orders button” tab. You may contact us via our Contact Us Page to obtain a full record of your payment. We will also send you email communications about your order and payment.
  1. The goods shall be delivered by Elemage to you at the address specified in the order or collected by Elemage,
  1. Goods will may only be purchased by people located in South Africa and deliveries will only be made in South Africa.
  1. Any date indicated by us for delivery of the Goods is an estimated date of delivery and does not constitute a contractual obligation. To the maximum extent permitted by law, we are not liable for any loss or damage of whatsoever nature incurred or connection with any late, incorrect, partial or non-delivery. We will attempt to deliver timeously but you are not entitled to cancel or repudiate this agreement or claim damages for consequential loss or otherwise or refuse to accept delivery or part delivery on the grounds of delay in the delivery of the order, or any part thereof, for any cause whatsoever.
  1. We have the right to cancel a Customer’s order where we are unable to supply and deliver the goods due to force majeure, from any cause beyond our control, including, but not limited to, inability to secure labour, power, materials or supplies, or by reason of an act of God, or civil disturbance, riot, state of emergency, strike, lockout, labour disputes, fire, flood, drought or legislation.
Passing of Ownership and Risk
1. Risk in and to the Goods shall pass to you upon delivery of the Goods to the addressed designated in your order. We are not responsible for any loss or unauthorised use of the Goods after they have been delivered the product to the physical address nominated by you.
1. Ownership of the Goods shall pass to you on settlement of any amounts due and payable to us in relation to the supply of the Goods.
Returns Policy
1. Please refer to our Return Policy (accessible at [Note: Elemage to insert URL or hyperlink]) for more information about returning products (and related refunds).
Guarantees, Warrantees, Damaged Goods and Incorrect Deliveries
1. To be valid, any claims under for damaged Goods or incorrect deliveries shall be supported by the original tax/commercial invoice.
1. To the maximum extent permitted by law, claims in respect of incorrect deliveries or damaged Goods will only be considered if made within 7 (seven) days of delivery of the Goods, after which time the Customer shall be deemed to have received and accepted the Goods in good order and in full compliance with the orders placed.
1. To the maximum extent permitted by law, any warranty as to quality or freedom from latent defects of the Goods sold or fitness for any particular purpose or otherwise is hereby excluded. Elemage shall not be under any liability whether in contract, delict or otherwise, in respect of defects in Goods delivered or for any injury, damage or loss resulting from such defects or from any misuse or abuse of the Goods.
Intellectual Property Rights
1. The Website is protected by law. This incorporates all intellectual property rights in respect of the Website, including all rights, title and interest (statutory and common law) in copyright, designs and trademark, and inventions. Any reproduction, modification, creation of derivative works from or redistribution of the Website is expressly prohibited. Copying or reproducing the Website or any portion thereof for further reproduction, redistribution or any other use is expressly prohibited.
1. You will not acquire any right, title or interest, including any intellectual property rights, in or to the Website other than those rights expressly granted to you in these Terms. You agree not to engage in the use, copying, or distribution of the Website for any purpose whatsoever. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any materials or enforce limitations on the use of the Website.
1. You further agree not to reproduce, duplicate or copy any content or material from the Website, and agrees to abide by any and all copyright notices and other notices displayed on the Website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Website.
Indemnity
1. As far as the law allows, you agree to defend, indemnify us and hold us and our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agent, service providers, suppliers and employees harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from:
  1. your use of and access to the Website; and/or
  1. a violation of any of these Terms and/or any other agreement concluded between you and us.
Limitations and termination of use of the Website
1. We reserve the right at any time to modify or discontinue the Website with or without notice and that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Website.
1. You acknowledge and agree that Elemage, in its sole and absolute discretion, has the right (but not the obligation) to terminate your access to or use of the Website, immediately and without notice if we believe that you have violated these Terms. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Website.
1. No provision of these Terms (or any contract governed by these Terms):
  1. does or purports to limit or exempt us from any liability to the extent that the law does not allow such a limitation or exemption; or
  1. requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability.
Disclaimer of Warranties
1. You expressly acknowledge and agree that your use of the Website is entirely at the Customer’s own risk and that the Website is provided without any warranties of any kind. As far as the law allows, we or our officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website and any Goods purchased from the Website and your use thereof. We make no warranties or representations about the accuracy or completeness of the information relayed through the Website and assumes no liability or responsibility for any:
  1. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website;
  1. personal injury or property damage, of any nature whatsoever, resulting from you use of the Goods, to the fullest extent permitted by the law;
  1. any unauthorised access to or use of the Website;
  1. any interruption or cessation of transmission to or from the Website. For the avoidance of doubt, you acknowledge the function of the Website is dependent on your internet service provider’s network and infrastructure;
  1. any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Website by any third party, and/or
  1. any errors or omission in any other information relayed or otherwise made available through the Website or for any loss or damage of any kind incurred because of the use of any other information relayed or otherwise made available through the Website.
Limitation of Liability
1. In no event shall Elemage, our officers, directors, employees or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if we have been advised of the possibility of such damages), resulting from any aspect of your use of the Website, including without limitation whether the damages arise from use or misuse of the Website, from inability to use the Website, or the interruption, suspension, modification, alteration, or termination of the Website.
1. To the maximum extent permitted by law, Elemage’s maximum liability to Customers for all claims, loss and damages added together where these claims, losses and damages are because of, or are related to, any transaction or information provided in relation to that transaction, shall be limited to the total value of the order (excluding VAT and taxes) by a Customer for that transaction.
1. Such a limitation of liability shall also apply with respect to damages incurred by reason of other information received through or advertised in connection with the Website or any links on the Website, as well as by reason of any information, opinions or advice received through or advertised in connection with the Website or any links of the Website.
1. The Website may contain references or links to other web sites (“other web sites“) and to the products or services of third parties. These references or links are not intended to be, and should not be interpreted as an endorsement, recommendation, or affiliation to these other web sites or the products, services or conduct of third parties. The Customer’s use of other web sites or the products or services of third parties will be entirely at the Customer’s own risk.
Assignment

These Terms, and any rights licenses granted hereunder, may not be transferred or assigned by you. We may cede, delegate, transfer or assign any of our rights and/or obligations under these Terms without restriction. Any cession, delegation, assignment or transfer by you of any of your rights and/or obligations under these Terms without our prior consent shall be null and void.

Capacity to accept Terms

You warrant, represent and undertake that you have the requisite authority and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

Successors and assigns

These Terms shall be to the benefit of and be binding upon each party’s successors and assigns.

Violation of terms
1. Should you fail to make payment on any due date, or should you commit any other breach of your obligations hereunder, then Elemage shall have the option to either:
  1. claim from you all sums owing to Elemage, whether then due and payable or not, which sums will then immediately become due and payable, and you shall forfeit all discounts on the Goods sold; or
  1. without prejudice to any other remedy Elemage may have in terms of these conditions, or by law, to cancel the contract with you, retake possession of the Goods supplied and not paid for and recover all amounts already due by you as well as damages it may have suffered by reason of your breach.
Variation of certain deeming provisions in the ECT Act
1. By using the Website, you agree that these Terms create a binding contract between us and you, even though these Terms are wholly or partly in the form of a data message. You agree specifically that:
  1. the contract will be treated as if it was concluded at our physical address on the date on which you first made any use of the Website;
  1. an electronic signature is not required by you or us for purposes of agreeing to these Terms;
  1. your use of the Website is sufficient evidence of your agreement to these Terms;
  1. any data message sent by either you or us to the other will be deemed to have been sent from our physical address if neither your usual place of business nor residence is located within the Republic of South Africa;
  1. subject to the further provisions of these Terms, any communication sent to you by an information system programmed to operate automatically on our behalf will be a data message attributable to, or authorised by us; and
  1. subject to the further provision of these Terms, a data message sent by you to us will only be treated as having been received by us when an acknowledgement of receipt is sent by us personally or a person who had authority to act on our behalf in respect of that data message.
Interpretation and miscellaneous provisions
1. Unless the context provides otherwise, or it is expressly stated to the contrary:
  1. the Terms and the relationship between us shall be governed by the laws of the Republic of South Africa.
  1. you consent to the jurisdiction of the High Court of South Africa, Gauteng Local Division, Johannesburg, in respect of all disputes arising out of breach of the terms herein, notwithstanding the fact that the quantum may be lower than the jurisdiction of the Court. You hereby consent to the higher cost scale in relation to such a Court and in accordance with clause 19.1.3 hereof.
  1. In the event of it being necessary for Elemage to instruct its attorneys as a result of any breach of these conditions by you or to recover any amounts owing by you to Elemage, you agree to pay for all legal costs on the attorney and client scale inclusive of collection commission, tracing charges, validation fees and stamp duties on any form of security Elemage may require from you.
  1. the termination of any contract created by these Terms will be without prejudice to any other rights or remedies that you or we may be entitled to under the agreement or at law, and will not affect any of our or your accrued rights or liabilities nor the coming into or continuance in force of any provision of these Terms which is expressly or by implication intended to come into or continue in force on or after such termination; and
  1. if these Terms (or any contract governed by these Terms) or the Website are regulated by or subject to the Consumer Protection Act, 2008 (the “CPA“), it is not intended that any provision of these Terms contravenes any provision of the CPA. Therefore, all provisions of these Terms must be treated as qualified, to the extent necessary, to ensure that the provisions of the CPA are complied with.
How to contact us

If you have questions about these Terms, please contact us at:

Elemage SA Proprietary Limited
Registration Number: 2019/057087/07
Director: Ms. Supriya Mody
Telephone: +27 77 603 5526
Email: dreams@futuremeworld.com
Postal address: 50 Cleveland Road, Claremont, Cape Town, Western Cape, 7708

Privacy Policy

ELEMAGE SA PROPRIETARY LIMITED WEBSITE PRIVACY NOTICE

THIS ELEMAGE SA PROPRIETARY LIMITED WEBSITE PRIVACY NOTICE DESCRIBES HOW WE COLLECT, USE AND PROCESS YOUR PERSONAL INFORMATION WHEN YOU USE THE WEBSITE. PLEASE READ THIS WEBSITE PRIVACY NOTICE CAREFULLY.

Scope of the Privacy Notice
1. Introduction and scope
  1. Elemage SA Proprietary Limited (“Elemage“, “us” or “we“) is the owner and operator of the futuremeworld.com website (the “Website“). The Website allows people (“Customers” or “You“) to create an account (their “Account“) and to browse purchase goods (the “Goods“) made available by Elemage on the Website.
  1. We are committed to protecting and respecting your privacy. We strive to ensure that our use of your Personal Information is lawful, reasonable, and relevant to our business activities, with the ultimate goal of improving our services and your experience.
  1. This Privacy Notice (this “Privacy Notice“) sets out what we will do with any Personal Information (defined in paragraph 2.1 below) we collect from or about you, or that you provide to us, when you use the Website. Please read this Privacy Notice carefully to understand our views and practices regarding your Personal Information and how we will treat it.
  1. To the extent that this Privacy Notice refers to definitions or provision in the Website Terms of Use that applies to the use of the Website (the “Terms“), they are hereby incorporated in this Privacy Notice by reference.
1. Your consent to the Processing of your Personal Information on the terms and conditions set out in this Privacy Notice
  1. By agreeing to this Privacy Notice, you provide us with your express consent and agreement that we may collect, get, receive, record, organise, collate, store, update, change, retrieve, read, process, use and share your Personal Information in the ways set out in this Privacy Notice. When we do one or more of these actions with your Personal Information, we are “Processing” your Personal Information.
  1. If you do not agree with this Privacy Notice, or are concerned about any aspect as it relates to your Personal Information, please do not continue to use the Website.
1. What does this Privacy Notice apply to?
  1. This Privacy Notice applies to-
    1. us, and our successors-in-title; and
    1. you, a user who accesses the Website and/or a user who creates an account on the Website (“you“), regardless of the device which you use to access it, which device is capable of using, or enabled to use, the Website including, but not limited to, internet-connected mobile devices and tablets (“Access Device“).
    1. This Privacy Notice does not apply to other parties’ websites, products or services, such as websites linked to, from or advertised on the Website, or sites which link to or advertise the Website.
What is Personal Information?
1. “Personal Information” refers to private information about an identifiable person, which includes your name and surname, gender, date of birth, contact details (e.g. your e-mail address), physical address and employment details.
1. Other information which might be “Personal Information” may include:
  1. “Device and Device event information”: We may collect information such as your IP address, unique device identifier, the nature of the Access Device which you used to access the Website (e.g. a tablet or smart phone, and which type thereof), the geographic location from which you accessed the Website (i.e. the geographic location of your Access Device), hardware model and settings, operating system type and version, browser language, system activity, crashes;
  1. “log information”: When you use the Website, we may automatically collect and store certain information in server logs (i.e. our web servers automatically record and maintain a log of their activities when users access the Website), which may include your “activity information”, such as details of how, when and for how long you accessed the Website and what features you utilised;
  1. “profile information“. We may collect and Process information and usage data per profile to make targeted recommendation to that profile when logged in to and using the Website; and
  1. “location information”: We may use various technologies to determine your actual location, such as geographical data from your Access Device (which is usually based on the IP location); and

When will we Process your Personal Information?
- In addition to paragraph 4 below, Personal Information may be Processed by us in several ways, including, when:
  - you register to use the Website;
  - you access, browse or make use of Website;
  - you purchase any Goods on the Website;
  - you submit your Personal Information to us for any other reason; and
  - you contact us, by email or telephonically, with any queries.
How we collect your Personal Information
- We collect your Personal Information in two ways, namely:
  - actively from you; and
  - passively from your Access Device when you use the Website.
- Active collection from you
  - We may require you to submit certain information in order for you to register an account on the Website and/or before you place an order for any Goods. We may collect Personal Information from you by asking you specific questions and by permitting you to communicate directly with us, for example via e-mail, feedback forms, site comments and forums.
  - If you contact us, we may keep a record of that correspondence.
  - The information we may actively collect from you may include your:
    - identifying information (e.g. your name, surname, employment information);
    - location details (e.g. your physical address where we deliver the Goods to you);
    - contact details (e.g. e-mail address); and
    - any other information which we may request from you from time to time.
- Passive collection from your Access Device
  - We passively collect some of your Personal Information from the Access Device which you use to access and navigate through the Website, using various technological means, for instance, using server logs to collect and maintain log information.
  - The information which we may passively collect from your Access Device may include your identifying information, contact details, Access Device and Access Device event information, activity information, log information, telephony log information, location information and any other information which you permit us, from time to time, to passively collect from your Access Device.
How we use your Personal Information
- We use the information we collect to provide, maintain, and improve the Website, to develop new services, and to protect us, our services and our users.
- We may use your Personal Information:
  - to retain and make information available on the Website;
  - to create your user account and ensure that it doesn’t duplicate an existing user account on the Website;
  - to maintain and update our customer, or potential customer, databases;
  - as a registered user, to send you notifications and authenticate your identity when you view and access the Website;
  - to deliver Goods to you and to address any queries that you may have in respect of the Goods;
  - to establish and verify your identity on the Website;
  - to diagnose and deal with technical issues and customer support queries and other user queries, such as problems with our server, determine the optimal and fastest route for your Access Device to use in connecting with the Website, and administer, maintain and secure the Website;
  - to detect, prevent or deal with actual or alleged fraud, security or the abuse, misuse or unauthorised use of the Website and/or contravention of this Privacy Notice;
  - to provide you with the latest information about our goods and services, provided you have agreed to receive such information;
  - to conduct market research surveys, product research and development;
  - to communicate with you;
  - to compile non-personal statistical information about browsing habits, click patterns and access to the Website;
  - to improve the Website, analyse trends and administer the Website, including requesting feedback on any information made available on or by means of the Website (the “Content“) and our services, products, address any issues and liaise with users in that regard;
  - to keep a record of our communications with you and your communications with us;
  - to fulfil any contractual obligations we may have to you or to any third party;
  - to inform you about any changes to the Website, the Terms, this Privacy Notice or other changes which are relevant to you;
  - to compile and use statistical information about you and other users and their access to and use of the Website, browsing habits, click-patterns, preferences, and demographics which we may use to develop, provide and improve the Website, including, recommendations to users and tailoring information and Content for users;
  - to compile, use, disclose and trade with non-personal statistical information about our users and their access to and use of the Website, browsing habits, click-patterns, preferences, demographics which we may use to develop, provide and improve the Website and our products and services. Please note that the information referred to in this paragraph 5.2.18 is aggregate information about our users which has de-identified users’ personal information such that it cannot be linked back to identify you. We will not disclose your identifiable personal information to anyone without your permission;
  - for security, administrative and legal purposes;
  - for customer relations; and
  - other activities not specifically mentioned which are lawful, reasonable, relevant to our business activities and the minimum necessary and adequate in order for us to provide the Website.
- We will get your permission, or otherwise establish a clear lawful basis, before collecting or using your Personal Information for any other purpose.
Compulsory information and consequences of not sharing with us

Only your e-mail address, name and surname, contact details, physical address and such other information as we specify from time to time, constitutes compulsory information. Device and Device event information, log information and unique application numbers, as detailed in clause 2.2 above, are automatically collected. All other information is optional. If you do not agree to share your compulsory information with us, then you will not be able to enjoy all the features and functionality on the Website and you may not be able to place orders for Goods on the Website.

Sharing of your Personal Information
- We will not intentionally disclose, for commercial gain or otherwise, your Personal Information other than as set out in this Privacy Notice or with your permission
- You agree and consent that your Personal Information may be shared under the following circumstances:
  - to our agents, advisers, service providers and suppliers which have agreed to be bound by this Privacy Notice;
  - to our employees, suppliers, service providers and agents if and to the extent that they need to know that information in order to process it for us and/or to provide services for or to us, such as hosting, development and administration, technical support and other support services. We will authorise any information processing done by a third party on our behalf, amongst other things by entering into written agreements with those third parties governing our relationship with them and containing confidentiality and non-disclosure provisions. Such persons may be disciplined, their contracts terminated or other appropriate action taken if they fail to meet their obligations;
  - in order to enforce or apply the Terms or any other contract between you and us;
  - in order to protect our rights, property or safety or that of our customers, employees, contractors, suppliers, service providers, agents and any other third party;
  - in order to mitigate any actual or reasonably perceived risk to us, our customers, employees, contractors, agents or any other third party;
  - to governmental agencies, exchanges and other regulatory or self-regulatory bodies if we are required to do so by law or if we reasonably believe that such action is necessary to:
    - comply with the law or with any legal process;
    - protect and defend the rights, property or safety of us, our affiliates or our customers, employees, contractors, suppliers, service providers, agents or any third party;
    - detect, prevent or deal with actual or alleged fraud, security or technical issues or the abuse, misuse or unauthorised use of the Website and/or contravention of this Privacy Notice; and/or
    - protect the rights, property or safety of members of the public (if you provide false or deceptive information about yourself or misrepresent yourself as being someone else, we may proactively disclose such information to the appropriate regulatory bodies and/or commercial entities).
- We may use your Personal Information to compile profiles for statistical purposes.
- We will get your permission before disclosing your Personal Information to any third party for any other purpose if the law requires us to do so.
Storage and transfer of your Personal Information
- We store your Personal Information:
  - on our servers; or
  - on the servers of our third party service providers, such as IT systems or hosting service providers. In this event, we will ensure that we have entered into written contract that require such third party service providers to secure the integrity and confidentiality of Personal Information in its possession by taking appropriate, reasonable technical and organisational measures.
- We reserve the right to transfer to and/or store your Personal Information on servers in a jurisdiction other than where it was collected, and such jurisdiction may not have comparable data protection legislation.
- If the location that Personal Information is transferred to does not have substantially similar laws which provide for the protection of Personal Information, we will take reasonably practicable steps to ensure that your Personal Information is adequately protected in that jurisdiction.
Security
- We take reasonable technical and organisational measures to secure the integrity of retained information, using accepted technological standards to prevent unauthorised access to or disclosure of your Personal Information, and protect your Personal Information from misuse, loss, alteration or destruction.
- From time to time, we review our information collection, storage and processing practices, including physical security measures, to keep up to date with good practice.
- We also create a back-up for operational and safety purposes.
- We will promptly notify you if we become aware of any unauthorised use, disclosure or processing of your Personal Information and the law requires us to do so.
- Even by taking the above measures when Processing Personal Information, we do not guarantee that your Personal Information is 100% secure. Subject to the provisions of this clause 9.5, as far as the law allows, we will not be liable for any loss, claim and/or damage arising from any unauthorised access, disclosure, misuse, loss, alteration or destruction of Personal Information.
Retention of your Personal Information
- We retain all Personal Information which we collect from you unless there is a valid technical, legal or business reason for us to delete, destroy or de identify it (“retained information”).
- We may keep all retained information for as long as you continue to access the Website, Content or goods and/or services for as long as reasonably necessary or until you contact us and ask us to destroy the retained information.
- Notwithstanding paragraph 10.2 above and any other provision of this Privacy Notice, we may keep some or all of your Personal Information if and for as long as:
  - we are required or permitted by law, a code of conduct, or a contract with you to keep it;
  - we reasonably need it for lawful purposes related to our functions and activities;
  - we reasonably need it for evidentiary purposes; or
  - you agree to us keeping it for a specified further period.
Keeping your Personal Information updated and correct
- Where required by law, we take reasonable steps to ensure that your Personal Information is accurate, complete, not misleading, and up to date.
- We also acknowledge that you may have rights of access to, and the right to rectify, your Personal Information, and rights to object to the Processing of your Personal Information in certain circumstances.
- You must let us know if any information we have about you is incorrect, incomplete, misleading or out of date, by notifying us at the contact details set out in paragraph 20 below. If you have already registered on the Website, you can at a later stage modify some of the Personal Information you have included in your profile by logging in and recreating your profile with your updated Personal Information.
- Where required by law, we will take reasonable steps to correct or update the relevant information accordingly having regard to the purpose for which the information was collected or used.
You give up your rights
- Sometimes the law says that we have a duty to make you aware of some information or other matters, unless you agree that we do not need to do these things (this is called a waiver of rights). In these cases, you agree that where the law requires us to make you aware of something (to inform or notify you) or to do something else, we do not have to do this. Because you agree to this, we will not have this duty anymore and will not need to make you aware of the information or other matters.

Changes to this Privacy Notice

We may change this Privacy Notice from time to time. If we do so, we will post the revised policy on the Website and take reasonably practicable steps to ensure that you are aware of the updated Privacy Notice (including, if we have your e mail address, e-mailing you notifications of the updated Privacy Notice).

Children
1. The Website is not targeted at children under the age of 18. We will not knowingly collect information from persons in this age group without permission to do so.
Direct marketing
1. When you register on the Website, you may receive marketing communications from us.
1. You may refuse to accept, require us to discontinue, or pre-emptively block any approach or communications from us if that approach or communication is primarily for the purpose of direct marketing (“direct marketing communications”).
1. You may opt out of receiving direct marketing communications from us at any time by requesting us (in any manner, whether telephonically, electronically, in writing or in person) to desist from initiating any direct marketing to you.
1. If you have opted out, we may send you written (which may include electronic writing) confirmation of receipt of your opt out request, and not send you any further direct marketing communications.
Third party sites
1. To the extent allowed by law, we are not responsible for the privacy practices of a third party site to which there may be a link on the Website, or for any claims, loss or damage arising from these.
1. We advise you to read the Privacy Notice of each site which you visit and to determine your privacy settings in accordance with your personal preferences.
1. We are not liable if you suffer losses or damages when visiting third party websites by following a link to that website from the Website. You accept that there may be risks when you use such third party websites, and you do so at your own risk.
How to protect your Personal Information
1. People have different privacy concerns. Our goal is to be clear about what information we collect so that you can make meaningful choices about what you make available. For example, you may –
  1. request us to indicate what Personal Information of yours we have on our systems;
  1. update your Personal Information on the Website or request us to or to destroy or delete your Personal Information (subject to paragraphs 12 and 10);
  1. object to any unlawful processing of your Personal Information; and
  1. request that your Personal Information is deleted if it is no longer required for the purposes for which it was collected or required by Elemage in terms of any applicable law, subject to paragraph 10; or
  1. refuse the processing of your Personal Information for direct marketing purposes (see paragraph 15).
1. As far as the law allows, we may charge a fee for attending to any of your requests above and may also refuse to carry out any of your requests in whole or in part.
Consumer Protection Act, Protection of Personal Information Act and other laws
1. If this Privacy Notice or any provision in this Privacy Notice is regulated by or subject to the Consumer Protection Act, the Protection of Personal Information Act (“POPI“) or other laws, it is not intended that any provision of this Privacy Notice contravenes any provision of the Consumer Protection Act, POPI or such other laws. Therefore all provisions of this Privacy Notice must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act, POPI and such other laws are complied with.
1. No provision of this Privacy Notice:
  1. does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
  1. requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
  1. limits or excludes any warranties or obligations which are implied into this Privacy Notice by the Consumer Protection Act (to the extent applicable), POPI (to the extent applicable), or other applicable laws or which we give under the Consumer Protection Act (to the extent applicable), POPI (to the extent applicable), or other applicable laws, to the extent that the law does not allow them to be limited or excluded.
Governing law
1. South African law applies to this Privacy Notice.
1. If any provision of this Privacy Notice is judged to be illegal, void or unenforceable due to applicable law or by order of a court of a competent jurisdiction it shall be deemed deleted and the continuation in full force and effect of the remainder of the provisions will not be prejudiced.
Queries

If you have questions about our Privacy Notice, please contact us at:

If we are not able to resolve any concern or complaint that you may have concerning the processing of your personal information, you may also contact the Information Regulator (South Africa) at any time at the details set out at https://inforegulator.org.za/training/wp/contact-us/