Last updated November 28, 2022 

TABLE OF CONTENTS 

1. AGGREMENT TO TEMRS 

2. INTELLECTUAL PROPERTY RIGHTS 

3. USER REPRESENTATIONS 

4. USER REGISTRATION 

5. PRODUCTS 

6. PURCHASES AND PAYMENTS 

7. RETURN POLICY 

8. PROHIBITED ACTIVITIES 

9. USER GENERATED CONTRIBUTIONS 

10. CONTRIBUTION LICENSE 

11. GUIDELINES FOR REVIEWS 

12. SUBMISSIONS 

13. SITE MANAGEMENT 

14. PRIVACY POLICY 

15. TERM AND TERMINATION 

16. MODIFICATIONS AND INTERRRUPTIONS 

17. GOVERNING LAW 

18. DISPUTE RESOLUTION 

19. CORRECTIONS 

20. DISCLAIMER 

21. LIMITATIONS OF LIABILITY 

22. INDEMNIFICATION 

23. USER DATA 

24. ELECTRONIC COMMUNIATIONS, TRANSACTIONS, AND SIGNATURES 

25. MISCELLANEOUS 

26. CONTACT US 

1. AGREEMENT TO TERMS 

These Terms of Use constitute a legally binding agreement made between you, whether personally  or on behalf of an entity (“you”) and Ziah Beauty (Pty) Ltd (“Company”, “we”, “us”, or “our”),  concerning your access to and use of https://ziahbeauty.co.za website as well as any other media  form, media channel, mobile website or mobile application related, linked, or otherwise connected  thereto (collectively, the “site”). We are registered in South Africa and have our registered office at  165 West Street, Sandton, Gauteng 2031. You agree that by accessing the site, you have read,  understood, and agreed to be bound by all these Terms of Use. IF YO DO NOT AGREE WITH ALL OF  THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE ANDYOU MUST  DISCONTINUE USE IMMIDIATELY. 

Supplemental terms and conditions or documents that may be posted on the site from time to time  are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, 

to make changes or modifications to these Terms of Use at any time and for any reason. We will  alert you about any changes by updating the “Last updated” date of these Terms of Use, and you  waive any right to receive specific notice of each such change. Please ensure that you check the  

applicable Terms every time you use our site so that you understand which Terms apply. You will be  subject to and will be deemed to have been made aware of and to have accepted, the changes in  any revised Terms of Use by your continued use of the site after the date such revised Terms of Use  are posted. 

The information provided on the site is not intended for distribution to or use by any person or  entity in any jurisdiction or country where such distribution or use would be contrary to law or  regulation or which would subject us to any registration requirement within such jurisdiction or  

country. Accordingly, those persons who choose to access the site from other location do so on  their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

The site is intended for users who are at least 16 years of age. All users who are minors in the  jurisdiction in which they reside (generally under the age of 18) must have permission of, and be  directly supervised by, their parent or guardian to use the site. If you are a minor, you must have  your parent or guardian read and agree to these Terms of Use prior to you using the site. 

2. INTELLECTUAL PROPERTY RIGHTS 

Unless otherwise indicated, the site is our proprietary property and all source code, databases,  functionality, software, website designs, audio, video, text, photographs, and graphics on the site  (collectively, the “Content”) and the trademarks, service marks, and logos contained herein (the  “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and  trademark laws and various other intellectual property rights and unfair competition laws of South  Africa, international copyright laws, and international conventions. The Content and the Marks are  provided on the site “AS IS” for your information and personal use only. Except as expressly  provided in these Terms of Use, no part of the site and no Content or Marks may be copied,  reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated,  transmitted, distributed, sold, licenced, or otherwise exploited for any commercial purpose  whatsoever, without our express prior written permission. 

Provided that you are eligible to use the site, you are granted a limited licence to access and use the  site and to download or print a copy of any portion of the Content to which you have properly  gained access solely for you personal, non-commercial use. We reserve all rights not expressly  granted to you in and to the site, the Content and Marks  

3. USER REPRESENTATIONS 

By using the Site, you represent and warrant that: (1) all registration information you submit will be  true, accurate, current, and complete; (2) you will maintain the accuracy of such information and  promptly update such registration information as necessary; (3) you have the legal capacity and you  agree to comply with these Terms of Use; (4) you are not under the age of 16; (5) you are not a  minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to  use the Site; (6) you will not access the Site through automated or non-human means, whether 

through a bot, script or otherwise; (7) you will not use the Site for any illegal or unauthorized  purpose; and (8) your use of the Site will not violate any appliable law or regulation. 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the  right to suspend or terminate your account and refuse all current or future use of the Site (or any  portion thereof) 

4. USER REGISTRATION 

You may be required to register with the Site, you agree to keep your password confidential and will  be responsible for all use of your account and password. We reserve the right to remove, reclaim, or  change a username you select if we determine, in our sole discretion, that such username is  inappropriate, obscene, or otherwise objectionable. 

5. PRODUCTS 

We make every effort to display as accurately as possible the colors, features, specifications, and  details of the products available on the Site. However, we do not guarantee that the colors, features,  specifications, and details of the products will be accurate, complete, reliable, current, or free of  other errors, and your electronic display may not accurately reflect the actual colors and details of  the products. All products are subject to availability, and we cannot guarantee that items will be in  stock. We reserve the right to discontinue any products at any time for any reason. Prices for all  products are subject to change. 

6. PURCHASES AND PAYMENT 

We accept the following forms of payments: 

– Visa 

– Mastercard 

– American Express 

You agree to provide current, complete, and accurate purchase and account information for all  purchases made via the Site. You further agree to promptly update account and payment  information, including email address, payment method, and payment card expiration date, so that  we can complete your transactions and contact you as needed. Sales tax will be added to the price  of purchases as deemed required by us. We may change prices at any time. All payments shall be in  South African Rand 

You agree to pay all charges at the prices then in effect for your purchases and any applicable  shipping fees, and you authorize us to charge your chosen payment provider for any such amounts  upon placing your order. We reserve the right to correct any error or mistakes in pricing, even if we  have already requested or received payment. 

We reserve the right to refuse any order placed through the Site, we may, in our sole discretion,  limit or cancel quantities purchased per person, per household, or per order. These restrictions may  include orders placed by or under the same customer account, the same payment method, and/or  orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders  that, in our sole judgment, appear to be placed by dealers. Resellers, or distributors.

7. RETURN POLICY 

Please review our Return Policy posted on the Site prior to making any purchases. 

8. PROHIBITED ACTIVITIES 

You may not access or use the Site for any purpose other than that for which we make the Site  available. The Site may not be used in connection with any commercial endeavours except those  that are specifically endorsed or approved by us. 

As a user of the Site, you agree not to: 

▪ Systematically retrieve data or other content from the Site to create or compile, directly or  indirectly, a collection, compilation, database, or director without written permission from  us. 

▪ Trick, defraud, or mislead us and other users, especially in attempt to learn sensitive account  information such as user passwords. 

▪ Circumvent, disable, or otherwise interfere with security-related features of the Site,  including features that prevent or restrict the use or copying of any Content or enforce  limitations on the use of the Site and/or the Content contained therein. 

▪ Disparage, tarnish, or otherwise harm, in our opinion, us and /or the Site. ▪ Use any information obtained from the Site in order to harass, abuse, or harm another  person. 

▪ Make improper use of our support services or submit false reports of abuse or misconduct. ▪ Use the Site in a manner inconsistent with any applicable laws or regulations. ▪ Engage in unauthorized framing of or linking to the Site. 

▪ Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other  material, including excessive use of capital letters and spamming (continuous posting of  repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site  or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site. 

▪ Engage in any automated use of the system, such as using scripts to send comments or  messages, or using any data mining, robots, or similar data gathering and extraction tools. ▪ Delete copyright or other proprietary rights notice from any Content. 

▪ Attempt to impersonate another user or person or use the username of another user. ▪ Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive  or active information collection or transmission mechanism, including without limitation,  clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar  devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”) ▪ Interfere with, disrupt, or create an undue burden on the Site or the networks or services  connected to the Site. 

▪ Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing  any portion of the Site to you. 

▪ Attempt to bypass any measures of the Site designed to prevent or restrict access to the  Site, or any portion of the Sie. 

▪ Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript,  or other code. 

▪ Except as permitted by applicable law, decipher, decompile, disassemble, or reverse  engineer any of the software comprising or in any way making up a part of the Site.

▪ Except as may be the result of standard search engine or Internet browser usage, use  launch, develop, or distribute any automated system, including without limitation, any  spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using a  launching any unauthorized script or other software. 

▪ Use a buying agent or purchasing agent to make purchases on the Site. 

▪ Make any unauthorized use of the Site, including collecting usernames, and/or email addresses of users by electronic or other means for the purpose of sending unsolicited  email, or creating user accounts by automated means or under false pretences. 

▪ Use the Site as part of any effort to compete with us otherwise use the Site and/or the  Content for any revenue-generating endeavourer commercial enterprise. 

▪ Use the Site to advertise or offer to sell goods and services. 

▪ Sell or otherwise transfer your profile. 

9. USER GENERATED CONTRIBUTIONS 

The Site does note offer users to submit or post content. We may provide you with the opportunity  to create, submit, post display, transmit, perform, publish, distribute, or broadcast content and  materials to us or on the Site, including but not limited to text, writings, video, audio, photographs,  graphics, comments, suggestions, or personal information or other material (collectively,  “Contributions”). Contributions may be viewable by other users of the Site and through third-party  websites. As such, any Contributions you transmit may be treated in accordance with the Site  Privacy Policy. When you create or make available any Contributions, you thereby represent and  warrant that: 

▪ The creation, distribution, transmission, public display, or performance, and the accessing,  downloading, or copying of your Contributions do not and will not infringe the proprietary  rights, including but not limited to the copyright, patent, trademark, trade secret, or moral  rights of any third party. 

▪ You are the creator and owner of or have the necessary licenses, rights, consents, releases,  and permissions to use and to authorize us, the Site, and other users of the Site to use your  Contributions in any manner contemplated by the Site and these Terms of Use. 

▪ You have the written consent, release, and/or permission of each and every identifiable  individual person in your Contributions to use the name or likeness of each and every such  identifiable individual person to enable inclusion and use of your Contributions in any  manner contemplated by the Site and these Terms of Use. 

▪ Your Contributions are not false, inaccurate, or misleading. 

▪ Your Contributions are not unsolicited or unauthorized advertising, promotional materials,  pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. ▪ Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous,  slanderous, or otherwise objectionable (as determined by us). 

▪ Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. ▪ Your Contributions are not used to harass or threaten (in the legal sense of those terms) any  other person and to promote violence against a specific person or class of people. ▪ Your Contributions do not violate any applicable law, regulation, or rule. ▪ Your Contributions do not violate the privacy or publicity rights of any third party. ▪ Your Contributions do not violate any applicable law concerning child pornography, or  otherwise intended to protect the health or well-being of minors. 

▪ Your Contributions do not include any offensive, comments that are connected to race,  national origin, gender, sexual preference, or physical handicap.

▪ Your Contributions do not otherwise violate, or link to material that violates, any provision  of these Terms of Use, or any applicable law or regulation. 

Any use of the Site or the Marketplace Offerings in violation of the foregoing violates these Terms of  Use and may result in, among other things, termination or suspension of your rights to use the Site  and the Marketplace Offerings. 

10. CONTRIBUTIONS LICENSE 

You and Site agree that we may access, store, process, and use any information and personal data  that you provide following the terms of the Privacy Policy and your choices (including settings). 

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share  such feedback for any purpose without compensation to you. 

We do not assert any ownership over your Contributions. You retain full ownership of all your  Contributions and any intellectual property rights, or other proprietary rights associated with your  Contributions. We are not liable for any statement or representations in your Contributions  provided by you in any area on the Site. You are solely responsible for your Contributions to the  Site, and you expressly agree to exonerate us from any and all responsibility and to refrain from any  legal action against us regarding your Contributions 

11. GUIDELINES FOR REVIEWS 

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must  comply with the following criteria: (1) you should have first-hand experience with the person/entity  being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive,  

or hate language; (3) your reviews should not contain discriminatory references based on religion,  race gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews  should not contain references to illegal activity; (5) you should not be affiliated with competitors if  posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7)  you may not post any false or misleading statements; and (8) you may not organize a campaign  encouraging others to post reviews, whether positive or negative. 

12. SUBMISSIONS 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other  information regarding the Site or the Marketplace Offerings (“Submissions”) provided by you to us  are non-confidential and shall become our sole property. We shall own exclusive rights, including all  intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these  Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or  compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby  warrant that any such Submissions are original with you or that you have the right to submit such  Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. 

13. SITE MANAGEMENT 

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of  Use; (2) take appropriate legal actions against anyone who, in our sole discretion, violates the law or  these Terms of Use, including without limitation, reporting such user to law enforcement  authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the  availability of, or disable (to the extent technologically feasible) any of your Contributions or any 

portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way  burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our  rights and property and to facilitate the proper functioning of the Site and the Marketplace  Offerings. 

14. PRIVACY POLICY 

We care about data privacy and security. By using the Site or the Marketplace Offerings, you agree  to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use.  Please be advised the Site and the Marketplace Offerings are hosted in South Africa. If you access  the Site or the Marketplace Offerings from any other region of the world with laws or other  requirements governing personal data collection, use, or disclosure that differ from applicable laws  in South Africa, then through your continued use of the Site, you are transferring your data to South  Africa, and you expressly consent to have your data transferred to and processed in South Africa. 

15. TERMS AND TERMINATION 

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING  ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE  DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE  MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR  ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY  PREPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMINATE YOUR USE OR  PARTICIPATION IN THE SITE AND THE MARKETPLACEOFFERINGS OR DELETE YOUR ACCOUNT AND  ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR  SOLE DISCRETION. 

If we terminate or suspend your account for any reason, you are prohibited from registering and  creating a new account under your name, a fake or borrowed name, or the name of any third party,  even if you may be acting on behalf of the third party. In addition to terminating or suspending you  account, we reserve the right to take appropriate legal action, including without limitation pursuing  civil, criminal and injunctive redress. 

16. MODIFICATIONS AND INTERRUPTIONS 

We reserve the right to change, modify, or remove the contents of the Site at any time or for any  reason at our sole discretion without notice. However, we have no obligation to update any  information on our Site. We also reserve the right to modify or discontinue all or part of the  Marketplace Offerings without notice at any time. We will not be liable to you or any third party for  any modification, price change, suspension, or discontinuance of the Site or the Marketplace  Offerings. 

We cannot guarantee the Sie and the Marketplace Offerings will be available at all times. We may  experience hardware, software, or other problems or need to perform maintenance related to the  site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update,  suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for  any reason without notice to you. You agree that we have no liability whatsoever for any loss,  damage, or inconvenience caused by your inability to access or use the Site or the Marketplace  Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing 

in these Terms of Use will be construed to obligate us to maintain and support the Site or  Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith. 

17. GORVENING LAW 

These terms shall be governed by and defined following the law of South Africa. Ziah Beauty (Pty)  Ltd and yourself irrevocably content that the courts of South Africa shall have exclusive jurisdiction  to resolve any dispute which may arise in connection with these terms. 

18. DISPUTE RESOLUTION 

Informal Negotiations 

To expedite resolution and control the cost of any dispute, controversy, or claim related to these  Terms of Use (each “Dispute” and collectively, the “Disputes”) brought by either you or us  (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate  any Dispute (except those Disputes expressly provided below) informally for at least (30) days before  initiating arbitration. Such informal negotiations commence upon written notice from one Party to  the other Party. 

Binding Arbitration 

Any dispute arising out of or in connection with this contract, including any question regarding its  existence, validity, or termination, shall be referred to and finally resolved by the International  Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue  Louise, 146) according to the Rules of this ICAC, which as a result of referring to it, is considered as  the part of this clause. The number of arbitrators shall be there (3). The seat, or legal place, or  arbitration shall be Sandton, South Africa. The Language of the proceedings shall be English. The  governing law of the contract shall be substantive law of South Africa 

Restrictions 

The Parties agree that any arbitration shall be limited to the Dispute between the Parties  individually. To the full extent permitted by law, (a) not arbitration shall be joined with any other  proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis  or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be  brought in a purported representative capacity on behalf of the general public or any other persons. 

Exceptions to Informal Negotiations and Arbitration 

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiation binding arbitration: (a) any Disputes seeking to enforce or protect, or  concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related  to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any  claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party  will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or  unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the  courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of  that court. 

19. CORRECTIONS 

There may be information on the Site that contains typographical errors, inaccuracies, or omissions  that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various 

other information. We reserve the right to correct any errors, inaccuracies, or omissions and to  change or update the information on the Site at any time, without prior notice. 

20. DISCLAIMER 

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THT YOUR USE OF THE  SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE  DISCLAIM ALL WARRANTIES, EXPRESS ORIMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE  THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,  FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR  REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE  CONTENT OF ANY WEBSITE LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR  RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,  (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM  YOU ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE  SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION  STORED THEERIN, (4) ANY INTERUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE,  (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR  THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT  AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE  OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO  NOT WARRNT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE  ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR  ANY WEBSIE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE  WILL NOT BE A PARTY TO OR IIN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION  BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE  PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU  SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 

21. LIMITATIONS OF LIABILITY 

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY  THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR  PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES  ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF  SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREI, OUR  LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION,  WILL AT ALL TIMES BE LIMIETED TO THE AMOUTH PAID, IF ANY, BY YOU TO US DURING THE SIX (6)  MONTHS PERIOD PRIOR TO ANY CAUISE OF ACTION ARISING. CERTAIN US STATE LAWSAND  INTERNATIONAL LAWS DO NOT ALLWO LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION  OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE  DISCLAIMER OR LIMITATIONS MAY NOT APPLY TOYOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. 

22. INDEMNIFICATION 

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of  our respective officers, agents, partners, and employees, from and against any loss, damage, liability,  claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due  to or arising out of : (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your  representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a

third party, including but not limited to intellectual property rights; or (5) any overt harmful act  toward any other user of the Site with whom you connected via the Site. Notwithstanding the  foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any  matter for which you are required to indemnify us, and you agree to cooperate, at your expense,  with our defence of such claims. We will use reasonable efforts to notify you of any such claims,  action, or proceeding which is subject to this indemnification upon becoming aware of it. 

23. USER DATA 

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular  routine backups of data, you are solely responsible for all data that you transmit or that relates to  any activity you have undertaken using the Site. You agree that we shall have no liability to you for  any loss or corruption of any such data, and you hereby waive any right of action against us arising  from any such loss or corruption of such data. 

24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES 

Visiting the Site, sending us emails, and completing online forms constitute electronic  communications, you consent to receive electronic communications, and you agree that all  agreements, notices, disclosures, and other communications we provide to you electronically, via  email and on the Site, satisfy any legal requirement that such communication be in writing. YOU  HEREBY AGREE TO THE USE OF THE ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER  RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS  INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements  under any statutes, regulation, rules ordinances, or other laws in any jurisdiction which require an  original signature or delivery or retention of non-electronic records, or to payments or the granting  of credits by any means other than electronic means. 

25. MISCELLANEOUS 

These Terms of Use and any policies or operating rules posted by us on the Site of in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise  or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or  provision. These Terms of Use fully operate permissible by law. We may assign any or all our rights  and obligations to other at any time. We shall not be responsible or liable for any loss, damage,  delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of  a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that  provision or part of the provision is deemed severable from these Terms of Use and does not affect  the validity and enforceability of any remaining provisions. There is no joint venture, partnership,  employment or agency relationship created between you and us as a result of these Terms of Use or  use of the Site. You agree that these Terms of Use will not be construed against us by virtue of  having drafted them. You hereby waive all defences you may have based on the electronic form of  these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use. 

26. CONTACT US 

In order to resolve a complaint regarding the Site or to receive further information regarding use of  the Site, please contact us at: 

Ziah Beauty (Pty) Ltd

165 West Street 

Sandton, Gauteng 2031 South Africa 

Phone: 063 026 4239 info@lashesbyziah.co.za