Terms and Conditions of Use

 

  1. Acceptance of Website terms and conditions of use
     
    1. This document sets out the terms and conditions (“Terms”) of Henkel South Africa (Pty) Ltd, registration number 1951/002861/07 (“Henkel”) pertaining to the access and use of the information, products, services and functions provided on Henkel’s website located at www.henkel.co.za.
       
    2. Should you or any person that accesses the Website you (“you” or “user”) will be bound by these Terms. If you disagree with any of the Terms, you must refrain from accessing, using, downloading, copying and /or distributing any content obtained from the Website and/or using our products or services as further use will automatically bind you to these Terms. Henkel relies on the provisions of section 11 of the Electronic Communications and Transactions Act, 25 of 2002 (“ECT Act”) in this regard.
       
    3. These Terms apply notwithstanding the fact that a user only visits the home page of the Website.
       
  2. Who can use this Website

    Any member of the public can use this Website, however, if you are under the age of 18, you must obtain your parents’ or legal guardians’ advance authorization, permission, and consent to be bound by these Terms before purchasing any products or services.
     
  3. About Henkel

    Henkel manufactures world-renowned Henkel adhesives and beauty products.
     
  4. Amendment of Terms
     
    1. Henkel reserves the right from time to time, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and such amended Terms shall be made available on the Website.
       
    2. The user shall be deemed to have consented to such amended and/or replaced Terms on each occasion a user accesses the Website and/or uses the services HenkelIf you are not satisfied with the amended Terms, you should refrain from using the Website.
       
  5. Questions about these Terms

    If there is anything in these Terms that you do not understand then please contact us as soon as possible - see clause 11 below for contact details. Please note that calls to us are charged at national rates and may be monitored for training, security, and quality assurance purposes.
     
  6. Caching

    Henkel uses caching to optimise this Website’s performance. When you log in, your browser may store certain data locally to enhance your experience when interacting with the Website. While we take measures to protect your data, we are not liable for any security breaches that occur due to a compromised device. For your security, you are responsible for managing your browser's cache.
     
  7. Content of this Website
     
    1. Henkel reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Website and any information or content on the Website.
       
    2. Henkel reserves the right to change and amend the products, services, prices and rates quoted on this Website from time to time without notice.
       
    3. Henkel may use the services of third parties to provide information on the Website. Henkel has no control over such information and makes no representations or warranties of any nature as to its accuracy, appropriateness, or correctness. The user agrees that such information is provided “as is” and that Henkel and its online partners shall not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever these may arise.
       
    4. Henkel makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website, including without limitation:
       
      1. Henkel does not warrant that the Website or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality. Henkel expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy;
         
      2. whilst Henkel has taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads, or applications available via this Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system.
         
  8. Linked third–party websites & third-party content
     
    1. Henkel may provide links to third-party websites on the Website. These links are provided to the user for convenience purposes only and Henkel does not endorse, nor does the inclusion of any link imply Henkel’s endorsement of, such websites, their owners, licensees or administrators or such websites’ content or security practices and operations.
       
    2. While Henkel attempts to provide links only to reputable websites or online partners, Henkel cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of Henkel. Henkel is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Website.
       
    3. You agree that Henkel shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Website. Any dealings that you may have with any linked websites, including advertisers, found on the Website, are solely between you and the third-party website.
       
  9. Usage restrictions
     
    1. Henkel grants a revocable, non-exclusive and non-transferable license to the user to view, download and print pertinent parts of the content of the Website, provided that such content is used for private, personal, educational and/or non-commercial purposes only.
       
    2. The user hereby agrees that it shall not itself, nor through a third party:
       
      1. copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, license, sub-license, encumber or in any other way deal with any part of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
         
      2. decompile, disassemble or reverse engineer any portion of the Website;
         
      3. write and/or develop any derivative of the Website or any other software program based on the Website;
         
      4. modify or enhance the Website. In the event of a user effecting any modifications or enhancements to the Website in breach of this clause, such modifications and enhancements shall be the property of Henkel;
         
      5. without Henkel’s prior written consent, provide, disclose, divulge, or make available to or permit the use of or give access to the Website by persons other than the user;
         
      6. remove any identification, trademark, copyright, or other notices from the Website;
         
      7. post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, or hateful, or racially, ethnically, or otherwise objectionable or discriminatory content of any kind;
         
      8. notwithstanding anything contained to the contrary in these Terms, use the Website for any purpose other than personal, non-commercial and information purposes;
         
      9. access, browse and use the Website for illegal purposes;
         
      10. cache the content on this Website on a user’s browser unless:
         
        1. the purpose of the caching is to make the onward transmission of the content from the Website more efficient;
           
        2. the cached content is not modified in any manner whatsoever;
           
        3. the cached content is updated at least every 12 (twelve) hours; and
           
        4. the cached content is removed or updated when so required by Henkel;
           
      11. incorporate the content on this Website into their own website (a practice known as framing), in any manner whatsoever without Henkel’s prior written consent.
         
      12. apart from legitimate search engine operators and use of the search facility provided on the Website for users for lawful purposes, use or attempt to use any technology or applications (including web crawlers or web spiders) to search, collect or copy content from the Website for any purposes.
         
    3. E-mail addresses, names, telephone numbers, fax numbers and other details published on the Website may not be incorporated into any database used for electronic marketing or similar purposes.
       
    4. No permission is given to communicate unsolicited communications to Henkel and all rights detailed in section 45 of the ECT Act are reserved.
       
  10. Security
     
    1. In order to ensure the security and reliable operation of the services to all Henkel’s users, Henkel hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.
       
    2. You may not utilise the Website in any manner which may compromise the security of Henkel’s networks or tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should Henkel suffer any damage or loss, civil damages shall be claimed by Henkel against the user.
       
    3. Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) (specifically sections 85 to 88 (inclusive) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Henkel and its affiliates, agents, sister companies, and/or partners.
       
  11. Intellectual property rights
     
    1. For the purpose of this clause, the following words shall have the following meanings ascribed to them:

      “Intellectual property rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under license by Henkel, now or in the future, including without limitation, Henkel’s rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, domain names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.

      “Proprietary Material” means all copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website.
       
    2. By submitting reviews, comments and/or any other content (other than your personal information) to Henkel for posting on the Website, you automatically grant Henkel and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and license to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this license, you retain any and all rights that may exist in such content.
       
    3. All rights not expressly granted are reserved and no right, title or interest in any Proprietary Material or information contained in this Website is granted to you.
       
    4. Except with Henkel’s express written permission, no Proprietary Material from this Website may be copied or retransmitted.
       
    5. Irrespective of the existence of copyright, the user acknowledges that Henkel is the proprietor of all material on the Website (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title, or interest in any such material.
       
    6. Henkel authorises you only to view, temporarily download to a local drive and to print the content of this Website, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.
       
    7. The pages of our site (contents, structure) are protected by copyright. In particular, any reproductions, adaptations, translations, storage and processing in other media, including storage or processing by electronic means, enjoy copyright protection. Any exploitation in whole or in part thereof shall require the prior written consent of Henkel South Africa (Pty) Ltd. Any reproduction of information or data, in particular the use of texts or parts thereof or image materials (except for Henkel press photos) or any other exploitation or dissemination, requires Henkel's prior written consent. The rights of dissemination and reproduction are held by Henkel.
       
    8. Henkel press photos may be used for editorial purposes only. Henkel press photos that are reproduced and/or electronically modified for editorial purposes must bear the copyright notice "© [Year] Henkel South Africa (Pty) Ltd. All rights reserved". Reprinting is free of charge, however, we request a copy for our files.
       
    9. The Henkel Oval logo and all product names and/or product get-ups on these pages are registered trademarks of Henkel South Africa (Pty) Ltd, its subsidiaries, affiliates or licensors. Any unauthorized use or abuse of these trademarks is expressly prohibited and constitutes a violation of trademark law, copyright law, other intellectual property rights.
       
  12. Risk, limitation of liability and indemnity
     
    1. The user’s use of this website and the information contained on the website is entirely at the user’s own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.
       
    2. The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall Henkel be liable for any loss, harm, or damage suffered by the user as a result thereof. Henkel reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should Henkel deem it necessary.
       
    3. To the extent permissible by law:
       
      1. Neither Henkel, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the website or any functionality thereof, or the information contained on the website, or of any linked website, even if Henkel knows or should reasonably have known or is expressly advised thereof.
         
      2. The liability of Henkel for faulty execution of the website as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the website shall be limited to Henkel rectifying the malfunction, within a reasonable time and free of charge, provided that Henkel is notified immediately of the damage or faulty execution of the website. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the website without the prior written approval of Henkel. However, in no event shall Henkel be liable to the user for loss of profits or for special, incidental, consequential, or punitive losses or damages arising out of or in connection with the website or its use or the delivery, installation, servicing, performance, or use of it in combination with other computer software.
         
      3. You hereby unconditionally and irrevocably indemnify service provider and agree to hold Henkel free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by Henkel or instituted against Henkel as a direct or indirect result of:
         
        1. your use of the website;
           
        2. software, programs and support services supplied by, obtained by, or modified by you or any third party without the consent or knowledge of Henkel;
           
        3. your failure to comply with any of the terms or any other requirements which Henkel may impose from time to time;
           
        4. the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
           
        5. any unavailability of, or interruption in, the service which is beyond the control of Henkel.
           
    4. Henkel makes no warranty or representation as to the availability, accuracy, or completeness of the content of the website. You expressly waive and renounce all your rights of whatever nature that you may have against Henkel for any LOSS suffered by you, as a result of information supplied by Henkel being incorrect, incomplete, or inaccurate.
       
  13. Confidentiality
     
    1. By subscribing as a user, you agree that you shall hold in the strictest confidence and not disclose to any third-party information acquired in connection with any aspect of the products and/or services offered by Henkel. You shall notify Henkel should you discover any loss or unauthorized disclosure of the information.
       
    2. Any information or material sent to Henkel will be deemed not to be confidential, unless otherwise agreed in writing by the user and Henkel.
       
  14. Breach or cancellation by Henkel
     
    1. Henkel is entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny such user use of the Website and services, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to Henkel’s right to claim damages, should any user:
       
      1. breach any of these Terms;
         
      2. in the sole discretion of Henkel, use the Website in an unauthorised manner; or
         
      3. infringe any statute, regulation, ordinance, or law.
         
    2. Breach of these Terms entitles Henkel to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to Henkel on an attorney and own client scale.
       
  15. Compliance with section 43‏(1) of ECT Act
     
    1. Access to the services, content, software and downloads available from this Website may be classified as "electronic transactions" as defined under the ECT Act and therefore users have the rights detailed in Chapter 7 of the ECT Act and Henkel has, amongst others, the duty to disclose the following information:
       
    2. In compliance with section 43(1) of the ECT Act, the following is disclosed:
       
      1. Full name: Henkel (Pty) Ltd
         
      2. Registration number: 82/06965/07
         
      3. Legal Status: private company with limited liability incorporated and registered in South Africa
         
      4. Registration with self-regulation or accreditation bodies: None
         
      5. Telephone number: +27 (0) 11 824 1640
         
      6. Website address: www.henkel.co.za
         
      7. E-mail address: za.communications@henkel.com
         
      8. Names of Directors: Marco Swoboda,  Dominik Anderhofstadt, Mercia Isaacs, Tshegofatso Sefolo, Mohammad Radgoudarzi, Roula Saba Natasha Naidoo
         
      9. Physical address (which constitutes Henkel’s  domicilium citandi et executandi for the acceptance of legal processes served on Henkel): The Interchange, 22 Skeen Boulevard, Bedfordview, Johannesburg
         
      10. Description of the main characteristics of Henkel’s products and services: see Website.
         
    3. The following information will be made available to a user on request:
       
      1. the pricing for Henkel’s products and services including transport costs, taxes and other fees or costs;
         
      2. the manner of paying for Henkel’s products and services;
         
      3. the terms of any agreement that will apply to any transaction for the purchase of Henkel’s products and services and how these terms can be accessed, stored and reproduced by a user;
         
      4. the time period within which Henkel’s products and services will be dispatched or delivered or within which any services will be rendered;
         
      5. the manner and period within which consumers can access and maintain a full record of a transaction;
         
      6. the return, exchange and refund policy of Henkel;
         
      7. the security procedures of Henkel in respect of payment and payment information;
         
      8. the duration of' any agreements for the supply of Henkel’s products or services to be performed;
         
      9. Henkel’s alternative dispute resolutions in connection with any supply of products and services by Henkel.
         
  16. Compliance with laws

    You shall comply with all applicable laws, statues, ordinances, and regulations pertaining to your use of and access to this Website.
     
  17. Notices

    Except as explicitly stated otherwise, any notices shall be given by za.communications@henkel.com,  or to the e-mail address you have provided to Henkel (in your case), or such other address that has been specified. Notice shall be deemed given 48 (forty-eight) hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Henkel may give you notice by registered mail, postage prepaid and return receipt requested, to the address which you have provided to Henkel. In such case, notice shall be deemed given 7 (seven) days after the date of mailing. You acknowledge that all agreements, notices, or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be “in writing”. Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.
     
  18. General Clauses
     
    1. These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within South Africa and in the event of any dispute arising in connection with these Terms, you consent to the non-exclusive jurisdiction of  the Gauteng Local Division of the High Court and the Johannesburg Magistrates Court..
       
    2. This Website is controlled, operated, and administered by Henkel KG&A, Henkel South Africa’s affiliated company, from its offices outside the Republic of South Africa. Henkel makes no representation that the content of the Website is appropriate or available for use outside of South Africa. Access to the Website from territories or countries where the content of the Website is illegal is prohibited. Users may not use this Website in violation of South African export laws and regulations. If the user accesses this Website from locations outside of South Africa, that user is responsible for compliance with all local laws.
       
    3. Henkel does not guarantee continuous, uninterrupted, or secure access to our services, as operation of our website may be interfered with as a result of a number of factors which are outside of our control.
       
    4. If any provision of these Terms is held to be illegal, invalid, or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law.
       
    5. Henkel’s failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.