THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE against all persons that access the Environ website or any part thereof (“the Environ website”) in terms of Section 11(3) of the Electronic Communications and Transactions (ECT) Act 25 of 2002.

IF YOU DO NOT AGREE to these terms and conditions you must leave the Environ website now, as further use will automatically bind you to these terms and conditions.

Definitions and Interpretation

  • “Environ” means the Environ website located at www.environskincare.com and includes any part or element thereof;
  • “User” means any person who enters or uses the Environ Skin Care website, even if they only visit the homepage;
  • References to the singular include the plural and vice versa;
  • Hyperlinks to copyright notices and legislation form part of these terms under Section 11 of the ECT Act, even if non-functional.

1. General

1.1 Environ Skin Care (Pty) Ltd. (“Environ”) is a specialised leader in manufacturing and distributing the Environ range of skin care products and equipment.

2. Allowed Use and Licence

  1. 2.1 Users may view, download, and print content for personal, educational, and/or non-commercial use only.
  2. 2.2 Content may not be used for commercial or non-private purposes without prior written consent from Environ.
  3. 2.3 Use of the website must be legal.
  4. 2.4 Unauthorised use entitles Environ to:
    1. Claim damages
    2. Institute criminal proceedings
    3. Deny liability for losses due to such use
  5. 2.5 Hyperlinks:
    • Generic links should direct to the homepage.
    • Product-specific links may lead to relevant product pages.
    • Environ is not liable for content accessed via deep links bypassing these terms.
  6. 2.6 Quotes must be small, reasonable, in inverted commas, and properly acknowledged.
  7. 2.7 No framing (e.g., iframe) without written consent.
  8. 2.8 No use of technology like web crawlers to copy site content without permission.
  9. 2.9 All licences are non-exclusive, non-transferable, and revocable at any time.

3. Intellectual Property Rights and Domain Name Use

  1. 3.1 All IP on the Environ site is owned or licensed by Environ and protected by law.
  2. 3.2 Trademarks, including but not limited to “Environ”, “AVST”, “RAD Shield”, and “Focus Care Radiance+” are registered or pending. Full list available in original document.

4. Software and Equipment

It is the User’s responsibility to provide and maintain necessary hardware, software, and internet access.

5. Disclosures Required by Section 43 of the ECT Act

  1. 5.1 Owner: Environ Distribution SA (Pty) Ltd
  2. 5.2–5.4 Address: 3 Guernsey Drive, Longmeadow Business Estate, Lethabong, 1609, Johannesburg, South Africa
  3. 5.5 Main business: Manufacturing and distribution of skincare products in South Africa and 36 other countries
  4. 5.6 Website: www.environskincare.com
  5. 5.7 Contact: Contact us
  6. 5.8 Memberships: CTFA SA, CTFA USA, COSCHEM, COLIPA, Proudly South African
  7. 5.9 Code of conduct: CTFA Code (South Africa), COLIPA (EU)
  8. 5.10 Cost of access: Free
  9. 5.11 Dispute resolution via AFSA (Arbitration Foundation of South Africa)
  10. 5.12 Cooling-off: Not applicable under section 42(1)(d)
  11. 5.13 Complaints: Contact us

6. Changes and Amendments

Environ may change the terms, content, services, and website requirements at any time without notice.

7. Privacy

7.1 Personal data is protected under the Protection of Personal Information Act, 2013 (POPIA).

  1. 7.2 Personal data collected includes name, contact info, click patterns, email, IP.
  2. 7.4 Data is used to:
    • Communicate requested info
    • Compile anonymous stats
  3. 7.5 Data may be collected via cookies or voluntarily.
  4. 7.6 Info may be shared or sold only under lawful conditions:
    1. Consent required for personal data disclosure
    2. Legal process overrides consent
    3. Anonymous data may be shared freely
  5. 7.7 Environ owns all non-personal data collected.

8. Hyperlinks to Third Party Sites

  1. 8.1 External links do not imply endorsement
  2. 8.2 Environ is not responsible for content on linked sites

9. Security

  1. 9.1 Reasonable steps are taken to secure data
  2. 9.2 No duty to encrypt communications
  3. 9.3 No harmful code may be delivered to site
  4. 9.4 Breaches indemnify Environ from liability
  5. 9.5 Users may not bypass security
  6. 9.6 Offences under ECT Act may lead to prosecution and liability

10. Disclaimer and Limitation of Liability

  1. 10.1 Environ is not liable for:
    • Access/inaccessibility issues
    • Third-party links
    • Downloads
    • Errors unless caused by gross negligence
  2. 10.2 Website is “as is” and not guaranteed to meet personal needs
  3. 10.3 Information is not professional advice
  4. 10.4 No warranty of content correctness at all times
  5. 10.5 Availability of website is not guaranteed

11. Removal and Correction of Content

Users may report harmful or inaccurate content to Environ, which will be reviewed and removed if warranted.

12. Interception of Communications

  1. 12.1 Communications may be intercepted or monitored under the RIC Act
  2. 12.2 Consent satisfies writing requirement under ECT and RIC Acts

13. Entire Agreement and Severability

  1. 13.1 These terms form the entire agreement
  2. 13.2 Failure to enforce does not waive rights
  3. 13.3 Invalid terms are severable and do not affect the rest

14. Agreement in Terms of Section 21 of the ECT Act

  1. 14.1 Agreement concluded in Cape Town upon first visit
  2. 14.2 User messages are only deemed received when responded to
  3. 14.3 Environ messages are deemed received as per ECT Act
  4. 14.4 User messages are considered sent from South Africa
  5. 14.5 No encryption/digital signature required
  6. 14.6 Messages from a known device are presumed authorised

15. Applicable and Governing Law

South African law applies. Jurisdiction: South African courts.

16. Legal Costs

Environ is not responsible for legal advice costs incurred by Users.

© 2004. ALL RIGHTS NOT EXPRESSLY ALLOWED ARE RESERVED.

These terms are licensed to Environ Distribution SA (Pty) Ltd. by Buys Inc. Attorneys, Cape Town / Johannesburg, South Africa.