Belkaboo Proprietary Limited ("Belkaboo") is committed to protecting intellectual property rights,
including copyrights and trademarks ("Intellectual Property").
Belkaboo contains material provided by vendors which is uploaded onto Belkaboo's online electronic platform ("platform").
Balkaboo tries to ensure that everything uploaded onto the platform does not infringe any third parties rights in respect of their Intellectual Property.
Should you have any concerns that your Intellectual Property rights have been or are being infringed, you can contact Belkaboo as set out in this Policy.
This policy sets out how Belkaboo tries to ensure protection of Intellectual Property on our platform.
MATERIAL AND/OR CONTENT PROVIDED
Vendor's provide Belkaboo with:
(i) data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, " Content") that they submit, post, and display on Belkaboo; and
(ii) unsolicited suggestions, ideas, proposals or other material via the platform or otherwise (other than the Content and the tangible items sold on the platform by vendors) (collectively, the " Material").
The vendor agrees to grant Belkaboo non-exclusive, worldwide, perpetual irrevocable, royalty-free use of the Intellectual Property for the purpose of uploading such Material and/or Content onto the Belkaboo platform and/or any marketing of the Belkaboo platform worldwide, in any media known now or in the future. Vendors agree to allow Belkaboo to store or re-format a vendor's Content and/or Material on the platform and display such Content and/or Material on the platform in any way as Belkaboo chooses.
Should Belkaboo receive any information regarding infringement of Intellectual Property and/or any complaint regarding the Material and/or Content uploaded onto the platform, the vendor is responsible and/or liable to deal with such infringement and/or complaint. Belkaboo reserves the right to remove any such Content and/or Material immediately.
LOSS AND LIABILITY
The platform and all Material and/or Content on the platform, including any current or future offers of products or services, are provided on an “as is” basis.
Belkaboo makes no warranty or representation as to the availability, accuracy or completeness of the Material and/or Content on the platform.
The vendor agrees that Belkaboo will be entitled to recover such indirect, consequential or special damages or losses incurred from the vendor.
The vender will release and indemnify Belkaboo, its employees, directors, officers and agents against all losses, which may be suffered by Belkaboo, its employees, directors, officers and agents arising out of or caused by:
- any negligent act or omission of the vendor, its agents or employees;
- contractual claims in respect of sums of money due and payable by the vendor to customers;
- acts or omissions giving rise to fines and penalties (whether administrative or criminal) levied on and paid by Belkaboo (or its employees, servants and agents),
- which fines and penalties resulted directly or indirectly due to the Vendor's failure to abide by the applicable law;
- any fraud, including fraudulent misrepresentation, carried out or made by the vendor or that of its employees, agents or subcontractors;
- any non-compliance of any applicable laws, including but not limited to the Consumer Protection Act, 68 of 1998 or similar laws in the EU to the extent applicable;
- any items listed on the platform which have been identified as hazardous to consumers;
- any sale of illegal, counterfeit or stolen items; and
- acts or omissions where liability may not otherwise lawfully be limited or excluded.
Belkaboo's platform is an online site that allows any vendor to offer, sell, and permit customer's to buy fashion items, at any time, from anywhere, at a fixed price.
Belkaboo is not directly involved in the transaction between customer and vendor. Belkaboo has no control over and does not guarantee:
- the quality, safety or legality of material, content and/or items advertised by vendors;
- the truth or accuracy of material, content, items and/or listings uploaded by vendors;
- the ability of vendors to sell items;
- the ability of customers to pay for items; and/or
- that a customer and a vendor on the Belkaboo platform will complete a transaction and/or accept the return/replacement of an item.
Belkaboo also does not confirm the correctness or truthfulness of vendors and/or customers' purported identities or any of the information which they provide to Belkaboo.
Belkaboo including its employees, directors, officers and agents, are not liable to the vendor and/or the customer, whether in respect of breach of agreement, delict or otherwise which are not reasonably foreseeable by Belkaboo arising, directly or indirectly, out of a user's use of or inability to use the platform and services.
BELKABOO'S INTELLECTUAL PROPERTY
Belkaboo is the owner of all Belkaboo graphics, logos, designs, page headers, button icons, scripts, and service names and any such intellectual property of its subsidiaries.
Belkaboo's does not grant any right and/or license to any users or other person to use of its Intellectual Property contained on the platform.
For any concerns with Intellectual Property, please provide a notice addressed to Belkaboo:
In the event that a user needs to contact Belkaboo, please use the following:
P.O. Box 317 Bloubergstrand 7436
Cape Town South Africa
Belkaboo Proprietary Limited, is a private company duly incorporated in accordance with the laws of South Africa
Date of this policy: FEBRUARY 2018