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Terms & Conditions

Terms & Conditions

The use of the Sites is subject to the following terms and conditions, the Privacy Policy (on thebraguru.co.za) and any additional terms and conditions, rules, disclaimers and notices displayed by us elsewhere on the Sites from time to time (together,”Terms of Use”).

By using the Sites, you agree to be bound by the Terms of Use as updated from time to time, whether you are a visitor simply browsing the Sites or you become a member of THE BRA GURU community (both, “Users”). If you do not agree with any of the terms contained in the Terms of Use, do not use the Sites.

For the purposes of the Terms of Use the word “Sites” includes, without limitation:

this site;

all websites, co-branded microsites, services, or applications owned or provided by U2 Promotions CC T/a as The Bra Guru (“THE BRA GURU”), and all services offered on or through www.thebraguru.co.za, and other services accessible via www.thebraguru.co.za or via other websites owned, operated or provided by THE BRA GURU;

all mobile phone applications and other media owned, operated or provided by THE BRA GURU;

all software offerings and applications owned or provided by THE BRA GURU and/or available on or through www.thebraguru.co.za or other websites, mobile phone applications and other media owned, operated or provided by THE BRA GURU; and all webpages, data, text, images, photographs, graphics, audio, video, and documents including, without limitation, offers and coupons, marketing materials, press releases, white papers, product datasheets, and other information and content on or through or submitted on or through www.thebraguru.co.za or other websites, mobile phone applications and other media owned, operated or provided by THE BRA GURU.

For the purposes of the Terms of Use “Related Entity” means any of U2 Promotions CC, Joint Venture partners and Licensees from time to time.

Use of the Sites: The Sites are owned, operated or provided by THEBRAGURU and are designed to provide a place for users to access and share Lingerie knowledge and experience through forums, articles, videos and product reviews. The information and material on the Sites are provided “as is” for general informational purposes only. Users access the Sites, and rely on the information and material contained in the Sites, at their own risk.

Membership: To participate in certain parts of the Sites, Users must register on the Sites as a member of THE BRA GURU community. Users who register as a member of the THE BRA GURU community must provide THE BRA GURU with complete and up-to-date registration information, as requested. It is each User’s responsibility to inform THE BRA GURU of any changes to their registration information, by updating the details on their member profile page. THE BRA GURU may, in its sole discretion, terminate or suspend Users’ membership of THE BRA GURU community immediately without notice for any reason, including if Users breach any of the Terms of Use. Users may terminate their membership by deactivating their membership on their member profile page. However, Users will continue to be bound by the Terms of Use for as long as they continue to use the Sites. Users who register as members of THE BRA GURU community will be issued a user-name and password. Users must keep their password secure and confidential and are responsible for any activities or actions conducted under their user-name. By subscribing for membership on this Site you are subscribing for membership encompassing each of THE BRA GURU Sites. As a member, you will be able to access each of THE BRA GURU websites and enjoy the privileges of a member. Any comments you post on THE BRA GURU Site may be used on any of the Sites.

User-posted content: Some parts of the Sites may allow Users to submit, upload, post or transmit content or material such as text, photos, images, audio and video (including links to content or material) (“Material”) that may be accessed and viewed by others via the Sites. Users are responsible for any Material they submit to the Sites and must respect the legal rights and sensibilities of other Users. THE BRA GURU reserves the right to (but has no obligation to) review, remove, edit, modify, deny access to or not display any Material submitted, uploaded, posted or transmitted to or on the Sites in its sole discretion.

By submitting, uploading, posting or transmitting Material to or on the Sites, Users:

Grant THE BRA GURU a fully-paid, royalty-free, perpetual, transferable, worldwide licence to (and to authorise others to) use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display such Material (modified or unmodified) for the purposes of operating the Sites and providing any associated services to Users and any promotional purposes of THE BRA GURU and its clients (for example, THE BRA GURU may reproduce testimonials in promotional materials for its own use or that of its clients (which may or may not include the relevant user name) consent to THE BRA GURU using and publishing (and authorising others to use and publish) their name, character, likeness, image, voice or anything else that identifies them which is contained in the Material for the above purposes.

Grant other Users a royalty-free, fully-paid, perpetual, worldwide licence to use, copy and reproduce such Material for their own private, non-commercial use.

Represent and warrant that they are legally entitled to submit, upload, post or transmit the Material to or on the Sites and have obtained all necessary licences, consents and approvals in relation to the Material (including intellectual property licences and in relation to the use of any name, character, likeness, image, voice or anything else that identifies any person that is included in the Material) to enable them to submit, upload, post or transmit the Material on the Sites and to permit THE BRA GURU and Users to deal with the Material in accordance with the licences granted above without infringement or violation of any third party rights represent and warrant that they provide THE BRA GURU with accurate, truthful and complete registration information and consent to any act or omission that would otherwise infringe their moral rights in the Material and present and future rights of a similar nature conferred by statute anywhere in the world.

No liability for misuse by third parties:  THE BRA GURU does not warrant that Material submitted, uploaded, posted or transmitted by Users will be protected against misuse by third parties. In particular, THE BRA GURU is not responsible for the infringement of the copyright in Material by other Users.

Conduct of Users: Users must not submit, upload, post or transmit Material on the Sites:

that contains advertising, spam or is otherwise submitted, upload, posted or transmitted for commercial purposes (except where expressly permitted by THE BRA GURU); about a product or service that they own or are otherwise associated with (including if they are an employee or agent of the supplier);

that is offensive, unlawful, harmful, indecent, defamatory, false or misleading, untruthful or inaccurate, discriminatory, unsuitable for minors or of an abusive, obscene, offensive or menacing nature;

that contains nudity, sexual activity, swear words or excessive violence or is otherwise inappropriate as determined by THE BRA GURU in its sole discretion.

That is reasonably likely to offend another User; that violates or infringes (or the use of which violates or infringes) the intellectual property (including without limitation any patent, trademark, trade secret or copyright) or other rights of any person or entity; that contains personal information of any person (such as name, address, email address, phone number), or any third parties’ likenesses except with the relevant person’s permission;

that contains software viruses or other computer codes, files, worms or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware or telecommunications equipment or to damage or obtain unauthorised access to any system data, password or other information of THE BRA GURU or any third party;

that imposes or may impose (as determined by THE BRA GURU in its sole discretion) an unreasonable or disproportionately large load on THE BRA GURU’s (or its third-party providers’) infrastructure or
that contains financial, legal, medical or other professional advice.

Users must not use the Sites to:

conduct any illegal activity;

cause annoyance or inconvenience to any person including other Users; or

harvest information about Users for the purpose of sending, or to facilitate the sending of, unsolicited commercial electronic messages.

Material posted by other Users:

THE BRA GURU is not responsible for and accepts no liability with respect to, any Material submitted, uploaded, posted or transmitted on the Sites. The views and opinions expressed in Material posted by Users on the Sites are the views and opinions of the authors and do not necessarily represent the views or opinions of THE BRA GURU or its clients. THE BRA GURU does not endorse or support any views or opinions posted by Users on the Sites or guarantee the accuracy, completeness, currency or suitability of any information posted by Users.

NEW Number Membership of THE BRA GURU:

If you sign up to become a THE BRA GURU member, from time to time, THE BRA GURU may send you samples of products/Vouchers (Samples) for you to test. You agree and acknowledge to the fullest extent permitted by law that:

THE BRA GURU is under no obligation to send you any Samples/Vouchers at any time;

THE BRA GURU has no liability to you in respect of the Samples/Vouchers and;

you will not make a claim against THE BRA GURU for any Samples/vouchers not received or received in a damaged condition;

you will not sell, or attempt to sell, any of these samples to any third party. THE BRA GURU reserves the right to remove any members who fail to comply with this rule.

THE BRA GURU advises you not to accept the delivery of, or use, any Samples that appear damaged or tampered with in any way. In such circumstances, please contact the local THE BRA GURU team. In the event that Samples/vouchers are returned to us undelivered for any reason, including human error, or are otherwise not delivered to you THE BRA GURU will be under no obligation to redeliver the Samples/Vouchers.

Competitions: THE BRA GURU may run competitions from time to time on the website. All competitions will be subject to the terms and conditions specific to the competition, which are available to view on the website. To enter the competitions you must accept the terms and conditions of the specific competition.

Sales: THE BRA GURU may run sales from time to time on the website. To place an order you need to be a THE BRA GURU member. No goods will be sent without valid proof of payment. No returns or refunds on goods sold. No vouchers/discount/promotions are valid on goods sold. You will not make a claim against THE BRA GURU for any products not received or received in a damaged condition.

Reporting violations:  By using the Sites, Users may be exposed to Material submitted, uploaded, posted or transmitted by other Users that may be offensive, indecent or objectionable. Users agree that THE BRA GURU is not liable for the opinions or behaviour of other Users, including any Material they submit, upload, posted or transmitted on the Sites and any defamatory statements or offensive conduct. Users who believe that the behaviour or Material of another User is objectionable or contrary to the Terms of Use can report the behaviour or Material to THE BRA GURU by emailing THE BRA GURU at info@thebraguru.co.za.

Disclaimer of warranties and representations:  Except as required by law, THE BRA GURU gives no express or implied warranties or guarantees, and makes no representations, in relation to the Sites. In particular, while care has been taken in creating the Sites, THE BRA GURU does not warrant or represent that:

the information or any material provided on the Sites is accurate, complete, up to date or suitable for any purpose;

these Sites are free from any computer viruses or other defects or;

User’s access to the Sites will be continuous or uninterrupted.

Limitation of THE BRA GURU’s Liability:  Where conditions, warranties or consumer guarantees implied or applied by law cannot be excluded, THE BRA GURU limits its liability, where it is entitled to do so, to the resupply of the relevant service, or paying the User the cost of that resupply. Otherwise, to the maximum extent permitted by law, THE BRA GURU and its officers, employees, agents and representatives will not be liable for any loss or damage (including consequential loss or damage) to any person or entity, however, caused (whether by negligence or otherwise), which may arise directly or indirectly in respect of any error, omission or misrepresentation in any information or material provided on the Sites or otherwise as a result of or in connection with the use of the Sites or any information or material provided on the Sites.

Links to third party websites:  The Sites may contain links to other websites that are not operated or controlled by THE BRA GURU. Those links are provided for convenience only and may not be current. Provision of a link should not be construed as an endorsement or approval of the third party website by THE BRA GURU. THE BRA GURU is not responsible for the content of third-party websites, which are not covered by the Terms of Use. Users access those websites at their own risk. Third-party websites should have their own Terms of Use, which THE BRA GURU encourages Users to read.

Availability and Use:  Users must ensure that their access to, and use of, the Sites, is not illegal or prohibited by laws that apply to them or in their location. THE BRA GURU reserves the right to change or remove any feature of the Sites at any time.

Indemnity: Users indemnify, and hold harmless, THE BRA GURU and its related parties in relation to all liabilities, loss, expenses and damage whatsoever which is suffered (including but not limited to indirect or consequential loss) by THE BRA GURU and its related parties as a direct or indirect result of the User acting inconsistently with or breaching any part of the Terms of Use. THE BRA GURU reserves the right (at its complete discretion) to assume the exclusive defence and control of any matter subject to indemnification by you in which event the user must assist and cooperate with THE BRA GURU in asserting any available defences.

Age of Users: Users must be 18 years or over or otherwise use the Sites with parental or guardian consent and supervision.

Copyright: The material on this website is owned by THE BRA GURU or its licensors. Users may download information from the Sites and print out that information, but only for their own private, non-commercial use. Otherwise, except as permitted by the Copyright Act 1978, no part of the Sites (including any Material posted on this website) may be reproduced, copied, published, framed, or transmitted in any form or by any means without the prior written consent of THE BRA GURU. Requests for consent should be directed to THE BRA GURU at info@thebraguru.co.za.

Intellectual Property: We (or our associated or affiliated companies or third parties who have licensed its brands to THE BRA GURU or contributed to the Sites) (“Content Owner”) own, license or have permission to use from third parties all content of the Sites. All content of the Sites remains the sole property of the applicable Content Owner and is protected under all relevant copyright, trademark and other applicable laws. Nothing on the Sites should be construed as granting any license or rights to use or distribute any content of the Sites outside of the Sites, without our express written agreement or of the other applicable Content Owner.

Jurisdiction: The content, operation and interpretation of this website and the Terms of Use will be governed by the laws of South Africa. The User agrees to submit to the non-exclusive jurisdiction of the Courts of Cape Town in the event of a dispute arising out of, or in connection with, this website.

Changes to these terms and conditions: THE BRA GURU may amend these terms and conditions from time to time by posting the amended version on this website. It is your responsibility to check these terms and conditions periodically for changes. Subsequent or continuing use of the Sites will constitute acceptance of any changes. If any part of the Terms of Use is or becomes void, it will not affect the validity and enforceability of the remaining provisions. The void part will be replaced by provisions that are valid and have an effect as close as possible to the effect of the void part.