OUR TERMS AND CONDITIONS

THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE Bodyfix Massage WEBSITE (previously known as, and herinafter referred to as, Calypso Day Spa WEB SITE) OR ANY PART THEREOF (THE Calypso Day Spa WEB SITE) 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 Calypso Day Spa WEB SITE IMMEDIATELY, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.

Preface - Definitions and interpretation
Section 1 - General
Section 2 - Allowed use and license
Section 3 - IP rights and domain names
Section 4 - Software and equipment
Section 5 - ECT Act disclosures
Section 6 - Changes and amendments
Section 7 - Privacy
Section 8 - Hyperlinks
Section 9 - Security
Section 10 - Disclaimer and limitation of liability
Section 11 - Removal and correction of content
Section 12 - Interception and monitoring
Section 13 - Entire agreement
Section 14 - Section 21 of the ECT Act
Section 15 - Applicable law

DEFINITIONS AND INTERPRETATION

a) “Calypso Day Spa” means a massage and day spa company;;

b) “Calypso Day Spa web site” means the Calypso Day Spa web site located at www.calypsodayspa.co.za;

c) “User” means any person who enters or uses the Calypso Day Spa web site, notwithstanding the fact that such a persononly visited the home page of the Calypso Day Spa web site;

d) References herein to the singular include the plural and vice versa; and

e) Notwithstanding the fact that hyperlinks in these terms and conditions to copyright notices and legislation should be deemed part of these terms and conditions in terms of section 11 of the ECT Act, the fact that some or all of the hyperlinks may be non-operational, shall not play a role in determination of the validity and interpretation of these terms and conditions.

1. GENERAL

Calypso Day Spa was established in 2006 as a massage and day spa company.

2. ALLOWED USE AND LICENSE

2.1 Calypso Day Spa licenses the User to view, download and print the content of the Calypso Day Spa web site, provided that such content is used for personal, educational and/or non-commercial purposes only;

2.2 Content from the Calypso Day Spa web site shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of Calypso Day Spa;

2.3 Users may only access and use the Calypso Day Spa web site for legal purposes;

2.4 The caching of the Calypso Day Spa web site shall only be allowed if:
2.4.1 The purpose of the caching is to make the onward transmission of the content from the Calypso Day Spa web site more efficient;
2.4.2 The cached content is not modified in any manner whatsoever;
2.4.3 The cached content is updated at least every 12 (twelve) hours; and
2.4.4 The cached content is removed or updated when so required by Calypso Day Spa;

2.5  If any User uses content from the Calypso Day Spa web site in breach of the provisions detailed herein:
2.5.1 Calypso Day Spa reserves the right to claim damages from the User;
2.5.2 Calypso Day Spa reserves the right to institute criminal proceedings against the User; and
2.5.3 Calypso Day Spa shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User;

2.6 Hyperlinks to the Calypso Day Spa web site from any other source shall be directed at the home page of the Calypso Day Spa web site. Calypso Day Spa shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the Calypso Day Spa web site, if such content was accessed through a hyperlink not directed at the home page of the Calypso Day Spa web site. Persons that wish to link to content beyond the home page of the Calypso Day Spa web site shall do so at their own risk and indemnify Calypso Day Spa against any loss, liability or damage that may result from the use of content from the Calypso Day Spa web site, if such content was accessed through a hyperlink not directed at the home page of the Calypso Day Spa web site;

2.7 No person may frame the Calypso Day Spa web site, in any manner whatsoever, without the prior written consent of Calypso Day Spa;

2.8  Apart from bona-fide search engine operators and use of the search facility provided on the Calypso Day Spa web site by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the Calypso Day Spa web site for any purposes, without the prior written consent of Calypso Day Spa; and

2.9 All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by Calypso Day Spa at any time without giving reasons therefore.

3. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE

All intellectual property on the Calypso Day Spa web site, including but not limited to content, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to Calypso Day Spa and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on the Calypso Day Spa web site are expressly reserved.

4. SOFTWARE AND EQUIPMENT

It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and access accounts required to access the Internet and the Calypso Day Spa web site and/or download content from this web site.

5. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT

Access to the services, content, software and content downloads available from the Calypso Day Spa web site is classified as “electronic transactions” in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and Calypso Day Spa has the duty to disclose the following information:

5.1 The full name and legal status of the web site owner: Calypso Day Spa;

5.2 Address: Helderberg, Cape Town; and

5.3  Main business: Massage and day spa;

5.4 The web site address of the Calypso Day Spa web site is: www.calypsodayspa.co.za;

5.5 The official e-mail address of the Calypso Day Spa web site is: info@calypsodayspa.co.za

5.6 Management:Johan Carstens;

5.7  The costs associated with the access and use of the Calypso Day Spa web site are as follows: Free;

5.8 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
5.8.1 access to the Calypso Day Spa web site;
5.8.2 the inability to access the Calypso Day Spa web site;
5.8.3 the services and content available from the Calypso Day Spa web site; or
5.8.4 these terms and conditions, shall be referred to arbitration in terms of the of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Cape Town in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client.

5.9 Cooling-off period: In terms of the operation of section 42(1)(d) of the ECT Act, the cooling-off provisions of the ECT Act do not apply to this web site; and

5.10 Users may lodge complaints concerning the Calypso Day Spa web site through the “Contact Us” service provided on this web site.

6. CHANGES AND AMENDMENTS

Calypso Day Spa expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:

6.1 change these terms and conditions;

6.2 change the content and/or services available from the Calypso Day Spa web site;

6.3 discontinue any aspect of the Calypso Day Spa web site or service(s) available from the Calypso Day Spa web site; and/or

6.4 change the software and hardware required to access and use the Calypso Day Spa website.

7. PRIVACY

8.1 Calypso Day Spa shall take all reasonable steps to protect the personal information of Users and for the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA);

7.2 Calypso Day Spa may electronically collect, store and use, amongst other, the following
personal information of Users:
7.2.1 name and surname;
7.2.2 contact details;
7.2.3 non-personal browsing habits and click patterns;
7.2.4 e-mail address; and
7.2.5 IP address.

7.3 Calypso Day Spa collects, stores and uses the abovementioned information for the following purposes:
7.3.1 communicate requested information to the User;
7.3.2 newsletter database;
7.3.3 registration and / or authentication of Users; and
7.3.4 to compile non-personal statistical information about browsing habits, click-patterns and access to the Calypso Day Spa web site.

7.4 Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings;

7.5 Calypso Day Spa may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
7.5.1 Calypso Day Spa shall not disclose personal information from Users unless the User consents thereto;
7.5.2 Calypso Day Spa shall disclose information without the User’s consent only through due legal process; and
7.5.3 Calypso Day Spa may compile, use and share any information that does not relate to any specific individual; and

7.6 Calypso Day Spa owns and retains all rights to non-personal statistical information collected and compiled by Calypso Day Spa

8. HYPERLINKS TO THIRD PARTY SITES

8.1 Calypso Day Spa may provide hyperlinks to web sites not controlled by Calypso Day Spa (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites; and

8.2  Calypso Day Spa does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.

9. SECURITY

9.1 Calypso Day Spa shall take all reasonable steps to secure the content of the Calypso Day Spa web site and the information provided by and collected from Users from unauthorised access and/or disclosure. However, Calypso Day Spa does not make any warranties or representations that content shall be 100% safe and secure;

9.2 Calypso Day Spa is under no legal duty to encrypt any content or communications from and to the Calypso Day Spa web site and is also under no legal duty to provide digital authentication of any page on the Calypso Day Spa web site;

9.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the Calypso Day Spa web site or the server and computer network that support the Calypso Day Spa web site. Notwithstanding criminal prosecution, any person who delivers any damaging code to the Calypso Day Spa web site, whether on purpose or negligently, shall, without any limitation, indemnify and hold Calypso Day Spa harmless against any and all liability, damages and lossesCalypso Day Spa and its partners / affiliates may suffer as a result of such damaging code;

9.4 Users may not develop, distribute or use any device to breach or overcome the security measures of the Calypso Day Spa web site and Calypso Day Spa reserves the right to claim damages any and all persons concerned with a security failure or breach; and

9.5 Any User who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Calypso Day Spa and its partners / affiliates.

10. DISCLAIMER AND LIMITATION OF LIABILITY

10.1 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, Calypso Day Spa (including its owners, directors, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:

10.1.1         access to the Calypso Day Spa web site;
10.1.2         access to web sites linked to the Calypso Day Spa web site;
10.1.3         inability to access the Calypso Day Spa web site;
10.1.4         inability to access web sites linked to the Calypso Day Spa web site;
10.1.5         content available on the Calypso Day Spa web site;
10.1.6         services available from the Calypso Day Spa web site;
10.1.7         downloads and use of content from the Calypso Day Spa web site;
10.1.8         any other reason not directly related to Calypso Day Spa’s gross negligence.

10.2 The Calypso Day Spa web site is supplied on an "as is" basis and has not been compiled to meet the User's individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with Calypso Day Spa, that the content available from and through the Calypso Day Spa web site meet the User's individual requirements and is compatible with the User's computer hardware and/or software;

10.3 Information, ideas and opinions expressed on the Calypso Day Spa web site should not be regarded as professional advice or the official opinion of Calypso Day Spa and Users are encouraged to seek professional advice before taking any course of action related to the information, ideas or opinions expressed on the Calypso Day Spa web site;

10.4 Calypso Day Spa does not make any warranties or representation that content and services available from the Calypso Day Spa web site will in all cases be true, correct or free from any errors. Calypso Day Spa shall take all reasonable steps to ensure the quality and accuracy of content available from the Calypso Day Spa web site and encourage Users to report incorrect and untrue information subject to the right of Calypso Day Spa to rely on its free expression rights and determine, in its sole and absolute discretion, the contents of this web site; and

10.5 Calypso Day Spa does not make any warranties or representations that the Calypso Day Spa web site shall be available at all times. Users acknowledge that the Calypso Day Spa web site may be unavailable due to updates or other causes beyond the reasonable control of Calypso Day Spa, including, but not limited to virus infection, unauthorised access, power failure or other “acts of God.”

11. REMOVAL AND CORRECTION OF CONTENT

Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the Calypso Day Spa web site to Calypso Day Spa and Calypso Day Spa undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.

12. INTERCEPTION OF COMMUNICATIONS

12.1 Subject to the provisions of the Regulation of Interception of Communications(RIC) Act 70 of 2002, the User agrees to Calypso Day Spa’s right to intercept, block, filter, read, delete, disclose and use all communications sent or posted by the User to the Calypso Day Spa web site, its staff and employees; and

12.2 The User agrees and acknowledges that the consent provided by the User in clause 13.1 satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.

13. ENTIRE AGREEMENT AND SEVERABILITY

13.1 These terms and conditions constitute the entire agreement between Calypso Day Spa and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by Calypso Day Spa from the User;

13.2 Any failure by Calypso Day Spa to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision; and

13.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.

14. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT

The User and Calypso Day Spa agree that:

14.1 the User shall be bound to these term and conditions and such agreement is concluded in Cape Town (South Africa) at the time the User enters the Calypso Day Spa web site for the first time;

14.2 data messages (as defined in the ECT Act) addressed by the User to Calypso Day Spa shall only be deemed to have been received if and when responded to;

14.3 data messages (as defined in the ECT Act) addressed to the User by Calypso Day Spa shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;

14.4 data messages (as defined in the ECT Act) addressed by the User to Calypso Day Spa shall be deemed to have been created and sent by the User from within the geographical boundaries of South Africa;

14.5 electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and Calypso Day Spa; and

14.6 The User agrees and warrants that data messages that are sent to Calypso Day Spa from a computer, IP address or mobile device normally used by or owned by the User, was sent and/or authorised by the User personally.

15. APPLICABLE AND GOVERNING LAW

Subject to clause 5.15, the Calypso Day Spa web site is hosted, controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use the Calypso Day Spa web site, its content, services and these terms and conditions.