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LEGAL STUFF: PRIVACY & TERMS

This page contains our POPIA Privacy Policy and our Website / Digital Marketing Terms & Conditions of Use. Here, you can also download our Customer Terms (PDF).

POPIA PRIVACY POLICY

This is the BETTA SMOKES PTY LTD ("BETTA") POPIA Privacy and Customer Privacy Notice.

This Notice explains how we obtain, use and disclose your personal information, in accordance with the requirements of the Protection of Personal Information Act ("POPIA").

At Betta (and including this website, POPI Act-Compliance) we are committed to protecting your privacy and to ensure that your personal information is collected and used properly, lawfully and transparently.

About the Company

Betta Smokes (Pty) Ltd is a private company with limited liability duly registered as such in accordance with the Companies laws of the Republic of South Africa, having registration number 2021/659811/07 and having its registered address of business at 11 Suikerbossie Road, Bergsig, George, Western Cape, and includes its parent company, affiliates and/or subsidiaries;

The information we collect

We collect and process your personal information mainly to contact you for the purposes of understanding your requirements and delivering products and services accordingly. For this purpose, we will collect contact details including your name and organisation. We collect information directly from you where you provide us with your personal details. Where possible, we will inform you what information you are required to provide to us and what information is optional.

Website usage information may be collected using "cookies" which allows us to collect standard internet visitor usage information.

How we use your information

We will use your personal information only for the purposes for which it was collected and agreed with you. In addition, where necessary your information may be retained for legal or research purposes. For example:

  • i. To gather contact information;
  • ii. To confirm and verify your identity or to verify that you are an authorised user for legal and/or security purposes;
  • iii. For the detection and prevention of fraud, crime, money laundering or other malpractice;
  • iv. To conduct market or customer satisfaction research or for statistical analysis;
  • v. For audit and record keeping purposes;
  • vi. In connection with legal proceedings.

Disclosure of information

We may disclose your personal information to our service providers who are involved in the delivery of products or services to you. We have agreements in place to ensure that they comply with the privacy requirements as required by the Protection of Personal Information Act.

We may also disclose your information:

  • i. Where we have a duty or a right to disclose in terms of law or industry codes;
  • ii. Where we believe it is necessary to protect our rights.

Information Security

We are legally obliged to provide adequate protection for the personal information we hold and to stop unauthorized access and use of personal information. We will, on an on-going basis, continue to review our security controls and related processes to ensure that your personal information remains secure.

When we contract with third parties, we impose appropriate security, privacy and confidentiality obligations on them to ensure that personal information that we remain responsible for, is kept secure. We will ensure that anyone to whom we pass your personal information agrees to treat your information with the same level of protection as we are obliged to.

Your Rights: Access to information

You have the right to request a copy of the personal information we hold about you. To do this, simply contact us at the numbers/addresses as provided on our website and specify what information you require. We will need a copy of your ID document to confirm your identity before providing details of your personal information.

Please note that any such access request may be subject to a payment of a legally allowable fee.

Correction of your information

You have the right to ask us to update, correct or delete your personal information. We will require a copy of your ID document to confirm your identity before making changes to personal information we may hold about you. We would appreciate it if you would keep your personal information accurate.

Definition of personal information

According to the Act "personal information" means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person. Further to the POPI Act, Betta also includes the following items as personal information:

  • i. All addresses including residential, postal and email addresses.
  • ii. Change of name – for which we require copies of the marriage certificate or official change of name document issued by the state department.

How to contact us

If you have any queries about this notice; you need further information about our privacy practices; wish to withdraw consent; exercise preferences or access or correct your personal information, please contact us at the numbers/addresses listed on our website.

ONLINE TERMS OF USE

BETTA SMOKES PTY LTD ("BETTA") terms & conditions of use of www.bettasmokes.co.za ("our"/the "website").

1. Introduction

  • 1.1. These Terms and Conditions govern your use of Betta’s website
  • 1.2. By accessing and using the website you agree to be bound by the Terms and Conditions set out in this document.
  • 1.3. If you do not wish to be bound by these Terms and Conditions, you must not access the website.

2. Consumer Protection Act Notice

IMPORTANT CONSUMER PROTECTION ACT NOTICE TO USERS

THESE TERMS AND CONDITIONS HAVE BEEN DRAFTED IN ACCORDANCE WITH THE CONSUMER PROTECTION ACT, ACT 68 OF 2008.

NOTE that provisions of these terms and conditions which may: impose or hold risk or liability for you; or may require you to indemnify any person; or which may constitute a risk of an atypical nature; or which could lead to injury or death have been highlighted to you and identified through use of BOLD letters.

TAKE CLEAR NOTE of these provisions and ensure that you understand and comprehend their full content, meaning and effect before continuing to access the website as by so accessing the website you agree to be bound by these terms and conditions.

TAKE FURTHER NOTE that although these provisions have been highlighted for your attention, the remaining provisions of this agreement must also be read and understood and any provision which is not clear, understandable or the content, meaning and effect of which is not understood by you, should be clarified before accessing or using the website.

  

3. Definitions & Interpretation

  • 3.1 In these Terms and Conditions, unless inconsistent with or otherwise indicated by the context the following words and expressions shall have the meanings set out apposite:
  • 3.1.1 "Terms and Conditions" means these Terms and Conditions contained in this document, including any amendments, updates, or variations to same as made from time to time and posted on the website, as well as the Privacy Policy as dealt with in Clause 8 below;
  • 3.1.2 "user" / "you" means without limitation, you and/or any person who accesses, browses or otherwise engages with the website:
  • 3.1.3 "Betta" / "we" means Betta Smokes (Pty) Ltd, a private company with limited liability duly registered as such in accordance with the Companies laws of the Republic of South Africa, having registration number 2021/659811/07 and having its registered address of business at 11 Suikerbossie Road, Bergsig, George, Western Cape, and includes its parent company, affiliates and/or subsidiaries;
  • 3.1.4 "website" means Betta’s website at www.bettasmokes.co.za and includes all Betta's affiliated websites at or on:
  • 3.1.4.1 www.bettasmokes.co.za;
  • 3.1.4.2 www.bettasmokes.com; and
  • 3.1.4.3 Facebook, Instagram, Twitter and/or including any and all other social media pages of Betta and includes any mobile application(s) in respect of the aforegoing;
  • 3.1.5 "Personal Information" means the personal information of any user as dealt with in more detail in the Privacy Policy;
  • 3.1.6 "the parties" means Betta and the User and reference to a "party" shall mean either of the parties as the context so indicates.
  • 3.2 These Terms and Conditions shall be interpreted according to the following provisions, unless the context requires otherwise:
  • 3.2.1 Words importing the singular number shall include the plural and vice versa, and words importing either gender or the neuter shall include both genders and the neuter;
  • 3.2.2 If any provision in a definition contains a substantive provision conferring rights or imposing obligations on any Party, effect shall be given to such provision as if it was a substantive provision in the body of these Terms and Conditions;
  • 3.2.3 References to the provisions of any Law shall include such provisions as amended, re-enacted or consolidated from time to time in so far as such amendment, re-enactment or consolidation applies or is capable of applying to any transaction entered into under these Terms and Conditions;
  • 3.2.4 General words preceded or followed by words such as “other” or “including” or “particularly” shall not be given a restrictive meaning because they are preceded or followed by particular examples intended to fall within the meaning of the general words; and
  • 3.2.5 No provision or word used in these Terms and Conditions shall be interpreted to the disadvantage of either Party because that Party was responsible for or participated in the preparation or drafting of these Terms and Conditions or any part of it.

4. Amendments to Terms and Conditions

  • 4.1. Betta reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time.
  • 4.2. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. It is your responsibility to periodically check these Terms and Conditions at the website for changes or updates.
  • 4.3. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

5. Terms and Conditions

  • 4.1. Betta reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time.
  • 4.2. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. It is your responsibility to periodically check these Terms and Conditions at the website for changes or updates.
  • 4.3. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
  • 5.1. All rights in and to the content (“content”) in its absolute entirety and/or any aspect thereof, which includes as examples, but is not limited to, the name, by line, slogan, history, products, text, graphics, logos, buttons, icons, images, photographs, audio clips, databases, and software, of the website is strictly reserved in favour of Betta or any other third-party owner of such rights.
  • 5.2. Except as specified in these Terms and Conditions, you are not granted a license or any other right including without limitation under copyright, trademark, patent, or other intellectual property right in or to the content.
  • 5.3. You may not copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means, any of the content.
  • 5.4. You may not use the website for offensive, defamatory, incorrect, or untrue disclosure to any persons. If you do so, whether with or without the knowledge of Betta, you specifically indemnify Betta against any and all claims for damages or otherwise, to the fullest extent permitted in law, including legal costs and costs orders on the scale as between attorney and own client, inclusive of counsel and/or senior counsel, without limitation and without exception.
  • 5.5. No content may be used without the prior written consent of BETTA.
  • 5.6. We reserve the right to change or discontinue the content and/or products and/or services available from the website without prior notice.
  • 5.7. Betta may suspend or terminate the website, or any User’s use of the website, at any time without prior notice.
  • 5.8. You shall not decompile and/or reverse engineer the source code of the website.
  • 5.9. These website Terms and Conditions shall apply in respect of all persons accessing this website, or otherwise providing Betta with Personal Information, including minors.
  • 5.10. If you are a minor (under 18 years of age), you may use not use this website. If you represent that you are of sufficient legal age to use this website by accessing same, you will be bound by legal obligations and liabilities that you may incur as a result of your use of this website and the services. You agree to ensure that no minor accesses the website from your device, without exception, and you indemnify Betta in the same terms mutatis mutandis to 5.4 above.
  • 5.11. You are responsible for maintaining the confidentiality and security of your name and password for access to the website and you accept full liability for all activities that occur on or related to the website under your name.
  • 5.12. You may not impersonate another user accessing the website, nor provide false information to gain access to the website.
  • 5.13. Without limiting the generality of the aforegoing, the website could include technical, typographical, or other inaccuracies and you are obligated to engage Betta and/or your own professional advisors to confirm all information contained on the website prior to placing reliance thereon.

6. Payments

  • 6.1. You agree to be financially responsible for any financial transactions made by you on this website (as well as for use of your account by others, whether with your consent and knowledge or without it, including without limitation, minors).
  • 6.2. For any purchases or other services, you agree to abide by these Terms and Conditions as well as, that payment of all amounts shall be paid by you when due and that you shall comply with all rules and restrictions regarding rates and charges, as well as in respect of the availability of products or services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this website.
  • 6.3. Payment may be made online by credit card through a sufficiently secure payment system. The payment system allows for review, corrections and cancellation or withdrawal by you prior to placing the final order.
  • 6.4. By effecting payment via our website, the transaction constitutes an electronic transaction as defined in the Electronic Communications and Transactions Act, ("ECTA"), Act 25 of 2002 and that a binding agreement has been concluded between Betta and you authorising us to deduct or to debit the credit card for payments for services rendered to you. Your hand signature shall not be required for authorisation purposes.
  • 6.5. In terms of Section 42(2)(j) of ECTA, you acknowledge and agree that Section 44 of ECTA will not apply to transactions concluded via the website.

7. Promotions and Campaigns

  • 7.1. Betta may from time to time use the website to promote and offer the opportunity to participate in promotions and campaigns.
  • 7.2. All promotions and campaigns will be governed by their own terms and conditions.
  • 7.3. During the running of any such campaign or promotion Betta may transfer personal information to a third party, being a sponsor or partner.
  • 7.4. All details of the collection of information for the duration of the promotion and/or campaign will be made available at the time of your acceptance to participate.

8. Privacy Policy

  • 8.1. Betta receives various types of information from you when you access the website, either through the reservations process or otherwise.
  • 8.2. Betta has a comprehensive and detailed Privacy Policy which is available on the website, and which forms an integral part of these Terms and Conditions.
  • 8.3. By using the website, you acknowledge that you have read, understood, and agreed to be bound by the provisions of the Privacy Policy.

9. Limitation of Liability, Indemnity and Waiver

  • 9.1. All reasonable steps have been taken to ensure the accuracy and completeness of the content, data and information on the website, but there may be instances where such information proves inaccurate or incomplete.
  • 9.2. As such you agree that before making any decision or taking any action which might affect you or your business you should consult Betta and/or your own professional advisors and/or otherwise take all reasonable steps to ensure and verify the accuracy of the contents, data and information obtained from this website.
  • 9.3. Due to the nature of the internet you agree that Betta is unable to guarantee that any products and services or any website accessible by the website are virus or error free. It is your responsibility to ensure that you utilise appropriate security measures and programmes and that you check all e-mails, attachments, and files before downloading them.
  • 9.4. Pursuant to the aforegoing you indemnify and shall keep Betta indemnified at all times against any direct and consequential losses sustained by you due to any loss of or damage to property, claim for or in respect of the death or personal injury, or any other claim, action, charge, cost, demand or expense, including without limitation all legal fees and costs arising from and/or as a result of any of any breach of these Terms and Conditions, or non-compliance by you with, or contravention of the provisions of any law or any directive or rule advised of by Betta or conditions of Betta.
  • 9.5. You agree you shall have no claim of any nature against Betta and any holding company, supplier, employee, director, partner, affiliate and agent, and any third-party owner of rights or products by reason of any loss, damage or injury, any direct or indirect special, consequential or other damage of any kind whatsoever, you may suffer by reason of any cause or action related to the use of any product made by Betta, or the inability to access or use the content of the website or any functionality thereof, or of any linked website, or any third-party content accessible via the website, or any breach of any provision of these Terms and Conditions.
  • 9.6. You are obligated to report any instances of untrue, inaccurate, defamatory, unlawful, or harmful information found on or related to the website to Betta at your first instance of any such information coming to your attention.
  • 9.7. Betta is not liable for costs incurred by you to obtain professional and/or any other advice relating to these Terms and Conditions and/or your use of the website.

10. Intellectual Property

  • 10.1. Unless for normal purposes of sharing on Social Media or linking to encourage business for Betta, only with prior written permission from Betta may any third-party website link to the website, provided that the link is pointed directly and only to the homepage of the website.
  • 10.2. The link may not portray Betta, its affiliates, or their products or services in a false, misleading, derogatory, or offensive manner.
  • 10.3. You may not use Betta logo or any other proprietary graphic or trademark as part of the link without the express written permission of Betta.
  • 10.4. BETTA reserves the right at any time and without prior notice to retract its consent contemplated in 10.1 above and to suspend and/or remove any third-party website link to the website.

11. Governing Law

  • 11.1. The website is controlled, operated and administered by Betta from its registered offices recorded above, within the Republic of South Africa.
  • 11.2. Betta makes no representation that the content of the website is appropriate or available for use in certain locations or countries.
  • 11.3. Access to the website from territories or countries where the content is illegal is prohibited.
  • 11.4. You may not use this website in violation of any law and regulations (South African or otherwise).
  • 11.5. If you access this website from locations outside of South Africa, you are responsible for compliance with all local laws.
  • 11.6. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and you specifically agree that the only court(s) with jurisdiction in this first instance are those seated in George, Western Cape, South Africa (whether the High or Magistrate’s Court) in the event of any dispute in relation to these Terms and Conditions.

12. General

  • 12.1. No provision of these Terms and Conditions may be amended, substituted or otherwise varied, and no provision may be added to or incorporated in these Terms and Conditions, except by Betta posting of any update or amendment to these Terms and Conditions on the website from time to time or otherwise by an agreement in writing signed by both Parties.
  • 12.2. Any relaxation, indulgence or delay (collectively referred to as “Indulgence”) by either Party in exercising, or any failure by either Party to exercise, any right under these Terms and Conditions shall not be construed as a waiver of that right and shall not affect the ability of that Party subsequently to exercise that right or to pursue any remedy, nor shall any Indulgence constitute a waiver of any other right (whether against that Party or any other person).
  • 12.3. These Terms and Conditions supersede any and all prior agreements, representations, communications, negotiations and understandings between the Parties concerning the subject matter of these Terms and Conditions.
  • 12.4. The rights and obligations of the Parties in terms of these Terms and Conditions shall be personal and incapable of being ceded, assigned or delegated by either of them to any other person save with the written consent of the other Party.
  • 12.5. Whenever possible, each provision of these Terms and Conditions shall be interpreted in a manner which makes it effective and valid under applicable Law, but if any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable under applicable Law, that illegality, invalidity or unenforceability shall not affect the other provisions of these Terms and Conditions, all of which shall remain in full force.
  • 12.6. In the event of either party having to instruct any attorney to enforce any of its rights in terms of these Terms and Conditions, the successful party in such circumstance shall be entitled to recover from the other party its full attorney and own client legal costs, including the costs of counsel, and from the first date and attendance of the instruction of such attorney, whether or not any court litigation ensues and the presentation of the relevant attorneys statement of account and the amount reflected therein shall be final and binding, and no taxation of costs or agreement is required to found liability in this regard.
  • 12.7. Betta offers you the ability to file any complaints in relation to these Terms and Conditions and/or your use of the website via the "Contact" page. Currently Betta does not subscribe to any alternative dispute resolution code or mechanism.

13. Last update of these Terms and Conditions

13.1. These Terms and Conditions were last updated and posted to the website on 10 July 2021.

CUSTOMER TERMS

All purchases or our products are subject to our Customer Terms (PDF), downloadable here.

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