Policies

BluEagle.co.za Privacy Policy

This is the privacy policy for BluEagle.co.za. We invite you to contact us if you have any questions about this policy. Please email us on or fax us on (086) 515 5142.

We respect your privacy. Callouts like this are a summary of our privacy policy and contain the most important and relevant points for you. Please read the full privacy policy because it applies to you.

Introduction

Welcome to our privacy policy. We are BluEagle.co.za (Aquilla advisors cc) and this is our plan of action when it comes to protecting your privacy. We respect your privacy and take the protection of personal information very seriously. The purpose of this policy is to describe the way that we collect, store, use, and protect information that can be associated with you or another specific natural or juristic person and can be used to identify you or that person (personal information).

The purpose of this policy is to describe the way that we handle your personal information.

Audience

This policy applies to you if you are:

a visitor to our website; or
a customer who has ordered the goods or services that we provide.

This policy applies to you under certain circumstances.

Personal information

Personal information includes:

certain information that we collect automatically when you visit our website;
certain information collected on registration (see below);
certain information collected on submission; and
optional information that you provide to us voluntarily (see below);

but excludes:

information that has been made anonymous so that it does not identify a specific person;
permanently de-identified information that does not relate or cannot be traced back to you specifically;
non-personal statistical information collected and compiled by us; and
information that you have provided voluntarily in an open, public environment or forum including any blog, chat room, community, classifieds, or discussion board (because the information has been disclosed in a public forum, it is no longer confidential and does not constitute personal information subject to protection under this policy).

Personal information includes information we collect (i) automatically when you visit our website, (ii) on registration, (iii) on submission, and (iv) from you voluntarily. It excludes (i) anonymous, (ii) de-identified, (iii) non-personal statistical, and (iv) public information.

Common examples

Common examples of the types of personal information which we may collect and process include your:

identifying information – such as your name, date of birth, or identification number of any kind;
contact information – such as your phone number or email address;
address information – such as your physical or postal address; or
demographic information – such as your gender or marital status.

Sensitive personal information

Depending on the goods or services that you require, we may also collect sensitive personal information including your:

financial information – such as your bank account details, should we need to refund you to your bank account;

Acceptance

Acceptance required

You must accept all the terms of this policy when you order any of our goods or order, register for, or use any of our services. If you do not agree with anything in this policy, then you may not order any of our goods or order, register for, or use any of our services.

You may not order any of our goods or order, register for, or use any of our services if you do not accept this policy.

Legal capacity

You may not access our website or order our goods or services if you are younger than 18 years old or do not have legal capacity to conclude legally binding contracts.

Deemed acceptance

By accepting this policy, you are deemed to have read, understood, accepted, and agreed to be bound by all of its terms.

Your obligations

You may only send us your own personal information or the information of another data subject where you have their permission to do so.

Changes

We may change the terms of this policy at any time by updating this web page. We will notify you of any changes by placing a notice in a prominent place on the website or by sending you an email detailing the changes that we have made and indicating the date that they were last updated. If you do not agree with the changes, then you must stop using the website and our goods or services. If you continue to use the website or our goods or services following notification of a change to the terms, the changed terms will apply to you and you will be deemed to have accepted those updated terms.

Collection

On registration

Once you register on our website, you will no longer be anonymous to us. You will provide us with certain personal information when you register on our website.

This personal information will include:

your name and surname;
your email address;
your telephone number;
your company name, company registration number, and VAT number;
your postal address or street address; and
your username and password.

We will use this personal information to fulfil your account, provide additional services and information to you as we reasonably think appropriate, and for any other purposes set out in this policy.

We collect certain information on registration, when you register on our website.

On order

When you order any goods or services from us, you will be asked to provide us with additional information on a voluntary basis (goods information or services information).

We collect certain information when you order any goods from us or make use of our services, necessary to provide the good or services to you.

From browser

We automatically receive and record Internet usage information on our server logs from your browser, such as your Internet Protocol address (IP address), browsing habits, click patterns, version of software installed, system type, screen resolutions, colour capabilities, plug-ins, language settings, cookie preferences, search engine keywords, JavaScript enablement, the content and pages that you access on the website, and the dates and times that you visit the website, paths taken, and time spent on sites and pages within the website (usage information). Please note that other websites visited before entering our website might place personal information within your URL during a visit to it, and we have no control over such websites. Accordingly, a subsequent website that collects URL information may log some personal information.

We collect certain information from your web browser, including your Internet usage information when you visit our website.

Cookies

We may place small text files called ‘cookies’ on your device when you visit our website. These files do not contain personal information, but they do contain a personal identifier allowing us to associate your personal information with a certain device. These files serve a number of useful purposes for you, including:

granting you access to age restricted content;
tailoring our website’s functionality to you personally by letting us remember your preferences;
improving how our website performs;
allowing third parties to provide services to our website; and
helping us deliver targeted advertising where appropriate in compliance with applicable laws.

Your internet browser generally accepts cookies automatically, but you can often change this setting to stop accepting them. You can also delete cookies manually. However, no longer accepting cookies or deleting them will prevent you from accessing certain aspects of our website where cookies are necessary. Many websites use cookies and you can find out more about them at www.allaboutcookies.org.

We collect certain information from cookies that we may send to your computer to try and give you a personalised experience.

Third party cookies

Some of our business partners use their own cookies or widgets on our website. We have no access to or control over them. Information collected by any of those cookies or widgets is governed by the privacy policy of the company that created it, and not by us.

Web beacons

Our website may contain electronic image requests (called a single-pixel gif or web beacon request) that allow us to count page views and to access cookies. Any electronic image viewed as part of a web page (including an ad banner) can act as a web beacon. Our web beacons do not collect, gather, monitor or share any of your personal information. We merely use them to compile anonymous information about our website.

We collect certain information from web beacons on our website to compile anonymous information about our website.

Optional details

You may also provide additional information to us on a voluntary basis (optional information). This includes content or products that you decide to upload or download from our website or when you enter competitions, take advantage of promotions, respond to surveys, order certain additional goods or services, or otherwise use the optional features and functionality of our website.

We collect certain optional information, that you provide when you upload or download content from our website or when you enter competitions, take advantage of promotions, respond to surveys or register and subscribe for certain additional services.

Recording calls

We may monitor and record any telephone calls that you make to us.

Purpose of collection

We may use or process any goods information, services information, or optional information that you provide to us for the purposes that you indicated when you agreed to provide it to us. Processing includes gathering your personal information, disclosing it, and combining it with other personal information. We generally collect and process your personal information for various purposes, including:

goods purposes – such as collecting orders for, supplying, and supporting our goods;
services purposes – such as collecting orders for and providing our services;
marketing purposes – such as pursuing lawful related marketing activities;
business purposes – such as internal audit, accounting, business planning, and joint ventures, disposals of business, or other proposed and actual transactions; and
legal purposes – such as handling claims, complying with regulations, or pursuing good governance.

We may use your usage information for the purposes described above and to:

remember your information so that you will not have to re-enter it during your visit or the next time you access the website;
monitor website usage metrics such as total number of visitors and pages accessed; and
track your entries, submissions, and status in any promotions or other activities in connection with your usage of the website.

We may use any of your personal information that you provide to us for the purposes that you indicated when you agreed to provide it to us.

Consent to collection

We will obtain your consent to collect personal information:

in accordance with applicable law;
when you provide us with any registration information or optional information.

We will get your consent to collect your personal information in accordance with applicable law when you provide us with it.

Use

Our obligations

We may use your personal information to fulfil our obligations to you.

Messages and updates

We may send administrative messages and email updates to you about the website. We may wish to provide you with information about new goods or services in which we think you may be interested. This means that in some cases, we may also send you primarily promotional messages. We will not send you promotional messages unless you have chosen to opt-into them. But, we may send you one message asking you to opt-into promotional messages without you having opted-into promotional messages.

We may use your information to send you administrative messages and email updates to you regarding the website and for marketing purposes where lawful.

Targeted content

While you are logged into the website, we may display targeted adverts and other relevant information based on your personal information. In a completely automated process, computers process the personal information and match it to adverts or related information. We never share personal information with any advertiser, unless you specifically provide us with your consent to do so. Advertisers receive a record of the total number of impressions and clicks for each advert. They do not receive any personal information. If you click on an advert, we may send a referring URL to the advertiser’s website identifying that a customer is visiting from the website. We do not send personal information to advertisers with the referring URL. Once you are on the advertiser’s website however, the advertiser is able to collect your personal information.

We may use your information for targeted content in certain, specified instances.

Disclosure

Sharing

We may share your personal information with:

other divisions or companies within the group of companies to which we belong so as to provide joint content and services like registration, for transactions and customer support, to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about our products, services, and communications (they will only use this information to send you marketing communications if you have requested their goods or services);
an affiliate, in which case we will seek to require the affiliates to honour this privacy policy;
our goods suppliers or service providers under contract who help supply certain goods or help with parts of our business operations, including fraud prevention, bill collection, marketing, technology services (our contracts dictate that these goods suppliers or service providers only use your information in connection with the goods they supply or services they perform for us and not for their own benefit);
credit bureaus to report account information, as permitted by law;
banking partners as required by credit card association rules for inclusion on their list of terminated merchants (in the event that you utilise the services to receive payments and you meet their criteria); and
other third parties who provide us with relevant services where appropriate.

We may share your personal information with third parties for the purposes of fulfilling our obligations to you among other purposes.

Regulators

We may disclose your personal information as required by law or governmental audit.

Law enforcement

We may disclose personal information if required:

by a subpoena or court order;
to comply with any law;
to protect the safety of any individual or the general public; and
to prevent violation of our customer relationship terms.

We may disclose personal information to third parties if required for legal reasons.

No selling

We will not sell personal information. No personal information will be disclosed to anyone except as provided in this privacy policy.

Marketing purposes

We may disclose aggregate statistics (information about the customer population in general terms) about the personal information to advertisers or business partners.

Employees

We may need to disclose personal information to our employees that require the personal information to do their jobs. These include our responsible management, human resources, accounting, audit, compliance, information technology, or other personnel.

Change of ownership

If we undergo a change in ownership, or a merger with, acquisition by, or sale of assets to, another entity, we may assign our rights to the personal information we process to a successor, purchaser, or separate entity. We will disclose the transfer on the website. If you are concerned about your personal information migrating to a new owner, you may request us to delete your personal information.

Security

We take the security of personal information very seriously and always do our best to comply with applicable data protection laws. Our hosting company will host our website in a secure server environment that uses a firewall and other advanced security measures to prevent interference or access from outside intruders. We authorize access to personal information only for those employees who require it to fulfil their job responsibilities. We implement disaster recover procedures where appropriate.

Our website is hosted on a secure server and uses security measures to prevent interference by intruders.

Accurate and up to date

We will try to keep the personal information we collect as accurate, complete and up to date as is necessary for the purposes defined in this policy. From time to time we may request you to update your personal information on the website. You are able to review or update any personal information that we hold on you by accessing your account online, emailing us, or phoning us. Please note that in order to better protect you and safeguard your personal information, we take steps to verify your identity before granting you access to your account or making any corrections to your personal information.

Please keep your personal information accurate and up to date by accessing your account online, emailing us, by phoning us.

Retention

We will only retain your personal information for as long as it is necessary to fulfil the purposes explicitly set out in this policy, unless:

retention of the record is required or authorised by law; or
you have consented to the retention of the record.

During the period of retention, we will continue to abide by our non-disclosure obligations and will not share or sell your personal information.

We may retain your personal information in physical or electronic records at our discretion.

We will only retain your personal information for as long as is necessary.

Transfer to another country

We may transmit or transfer personal information outside of the country in which it was collected to a foreign country and process it in that country. Personal information may be stored on servers located outside the country in which it was collected in a foreign country whose laws protecting personal information may not be as stringent as the laws in the country in which it was collected. You consent to us processing your personal information in a foreign country whose laws regarding processing of personal information may be less stringent.

We may not transfer your personal information outside the country in which it was collected to a foreign country without your permission. OR We may transfer your personal information outside the country in which it was collected to a foreign country.

Updating or removing

You may choose to correct or update the personal information you have submitted to us, by clicking the relevant menu in any of the pages on our website or contacting us by phone or email.

You may choose to update or remove the personal information you have submitted to us.

Limitation

We are not responsible for, give no warranties, nor make any representations in respect of the privacy policies or practices of linked or any third party websites.

Enquiries

If you have any questions or concerns arising from this privacy policy or the way in which we handle personal information, please contact us.

Last updated: 02/11/2016

Details: Category: Policies

BluEagle Responsible Disclosure Policy

At BluEagle, we’ve built our business on the simple principle that our customers come first. We aim to keep our website, mobile site and related software applications (“Website”), as well as the service offered on our Website (“Service”) safe for everyone to use, and data security is of the utmost importance. If you have discovered a security vulnerability in our Website or Service, we encourage you to contact us and disclose it to us in a responsible manner.

When security vulnerabilities are reported to us in compliance with this policy, BluEagle will validate and fix such vulnerabilities as soon as reasonably possible, in line with our commitment to the privacy, safety and security of our customers. We will not take legal action against you or terminate your access to the Service if you discover and report security vulnerabilities responsibly in compliance with this policy. BluEagle reserves all of its legal rights in the event of any noncompliance with this policy.

If you are looking to report another type of issue, which falls outside of the scope of this policy, for example if you are a current customer and you suspect fraudulent activity or suspect that your account may have been compromised, please contact our support team here. Your issue will be investigated immediately and thoroughly.

Reporting a Security Vulnerability

If you think that you have found a security vulnerability in our Website or Service, please contact us immediately via . When reporting a security vulnerability, you must do the following:

Include as much information as possible in your report, as we require a way to reproduce the security vulnerability in order to validate and fix it. “Proof-of-Concept” programs, tools, or test accounts that you’ve created are welcome, and the following information is required:
- the URL where the vulnerability occurs;
- if applicable, the parameter where the vulnerability occurs;
- the type of the vulnerability;
- a step-by-step instruction how to reproduce the vulnerability;
- a demonstration of the vulnerability, by screenshots or video; and
- if applicable, an attack scenario (an example attack scenario may help demonstrate the risk and get the issue resolved faster).
Do not share your findings with anyone until BluEagle has had adequate time to investigate and deploy a fix. We will notify you when the security vulnerability has been patched.
Consider telling us how to identify you.

We’re particularly interested in:

XSS attacks
SQL injection
Remote code execution
Circumventing permission limitations
CSRF attacks

Restrictions

At BluEagle, we welcome “white hat” security researchers, and appreciate your research and proactive responsible disclosure. Please note however that BluEagle does not permit you to do any of the following:

access, modify or destroy a BluEagle customer’s account or data;
interrupt or degrade our Service;
execute a “Denial of Service” attack;
post, transmit, upload, link to, send or store any malicious software;
send any unsolicited or unauthorized mail or messages;
violate any applicable law;
perform any testing that would result in any of the above; or
attempt to do any of the above.

Contravening this policy in any way may result in us suspending or terminating your access to the Service, contacting the relevant authorities and/or pursuing any other remedies we have at law.

Our Commitment

If you identify a security vulnerability in compliance with this policy, BluEagle commits to:

acknowledging receipt of your vulnerability report in a timely manner;
confirming the validity of your report; and
notifying you when the vulnerability is fixed.

We will unfortunately not offer any monetary rewards.

Last updated: 15/12/2017

Details: Category: Policies

BluEagle Website Usage Terms & Conditions

THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE BLUEAGLE WEB SITES OR ANY PART THEREOF (THE BLUEAGLE WEB SITE) IN TERMS OF SECTION 11 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 BLUEAGLE WEB SITE NOW, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.

A COPY OF THE ECT ACT MAY BE DOWNLOADED FROM:
http://www.polity.org.za/pdf/ElectronicCommunications.pdf

DEFINITIONS AND INTERPRETATION

a) “BluEagle web site” means the BluEagle site located at www.BluEagle.co.za and includes any part or element thereof, including the following domains: aquillaadvisors.co.za; aquillaadvisors.com; aquillaadvisors.net; aquillasa.co.za.

b) “User” means any person who enters or uses the BluEagle web site, notwithstanding the fact that such a person only visited the home page of the BluEagle web site;

c) References herein to the singular includes the plural and vice versa; and

d) 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

BluEagle and Aquilla Advisors cc is a South African Advisory company and Copy Right Holder of all our books tools and other material information.

2. ALLOWED USE AND LICENSE

2.1 BluEagle licenses the User to view the content of the BluEagle web site, provided that such content is used for personal, purposes only.

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

2.3 Users may only access and use the BluEagle web site for legal purposes.

2.4 The caching of the BluEagle 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 BluEagle 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 BluEagle.

2.5 If any User uses content from the BluEagle web site in breach of the provisions detailed herein:

2.5.1 BluEagle reserves the right to claim damages from the User;

2.5.2 BluEagle reserves the right to institute criminal proceedings against the User; and

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

BluEagle’s non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.

2.7 Users may quote small and reasonable amounts of content available from the BluEagle web site only if such quote is placed in inverted commas and acknowledged.

2.8 No person may frame the BluEagle web site, in any manner whatsoever, without the prior written consent of BluEagle.

2.9 Apart from bona-fide search engine operators and use of the search facility provided on the BluEagle 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 BluEagle web site for any purposes, without the prior written consent of BluEagle.

2.10 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 BluEagle at any time without giving reasons therefore.

3. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE

3.1 All intellectual property on the BluEagle 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 BluEagle 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 BluEagle web site are expressly reserved.

3.2 “BluEagle”, ‘’BluEagle eshop’’, ‘’Aquilla Advisors’’, ‘’Aquilla Wellness Solutions’’ , are registered entities and Users agree not to use these as elements of a domain name or sub domain name, notwithstanding the fact that such domain name use or registration may be allowed in terms of trademark and/or constitutional law. Upon request to do so a User shall immediately cease to use such domain name and transfer it to BluEagle at the cost of the User.

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 to access the Internet and the BluEagle web site and/or purchase 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 BluEagle 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 BluEagle has the duty to disclose the following information:

5.1 The full name and legal status of the web site owner: Aquilla Advisors cc, reg. no. 2000/033942/23;

5.2 Street address: 425A Ronald Street, Garsfontein Pretoria, Gauteng, South Africa

5.3 Postal address: PO Box 1347, Menlyn Central, 0077, South Africa;

5.4 Physical address for receipt of legal service: 425A Ronald Street, Garsfontein Pretoria, Gauteng, South Africa

5.5 Main business: The main business of BluEagle is the provision of books, tools, soothing oils and professional services and information;

5.6 The web site address of the BluEagle web site is: www.BluEagle.co.za;

5.7 The official e-mail addresses of the BluEagle web site are: ;

5.8 The Manual published in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 of the owner of the BluEagle web site may be downloaded from: PAIA MANUAL

5.9 Management:

5.9.1 Dr LB Louw - Chief Executive Officer ;
5.9.2 JHW Louw - Chief Financial Officer;
5.9.3 LB Louw (Jnr) – member;;

5.10 The costs associated with the access and use of the BluEagle web site are as follows: free access and registration.

5.11 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:

5.11.1 access to the BluEagle web site;

5.11.2 the inability to access the BluEagle web site;

5.11.3 the services and content available from the BluEagle web site; or

5.11.4 these terms and conditions,

shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Pretoria 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. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following web site: http://www.arbitration.co.za;

5.12 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;

5.13 Users may lodge complaints concerning the BluEagle web site with BluEagle at .

6. CHANGES AND AMENDMENTS

BluEagle 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 BluEagle web site;

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

6.4 change the software and hardware required to access and use the BluEagle web site.

7. PRIVACY

7.1 BluEagle 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). The PAIA may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf

7.2 BluEagle may electronically collect, store and use the following personal information of Users:

7.2.1 name and surname;

7.2.2 contact numbers;

7.2.3 non-personal browsing habits and click patterns;

7.2.4 e-mail address; and

7.2.5 IP address.

7.3 BluEagle collects, stores and uses the abovementioned information for the following purposes:

7.3.1 Communicate requested information to the User;

7.3.2 Provide the User with access to restricted pages on this web site; and

7.3.3 to compile non-personal statistical information about browsing habits, click-patterns and access to the BluEagle 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 BluEagle may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:

7.5.1 BluEagle shall not disclose personal information from Users unless the User consents thereto;

7.5.2 BluEagle shall disclose information without the User’s consent only through due legal process; and

7.5.3 BluEagle may compile, use and share any information that does not relate to any specific individual.

7.6 BluEagle owns and retains all rights to non-personal statistical information collected and compiled by BluEagle.

8. HYPERLINKS TO THIRD PARTY SITES

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

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

9.2 BluEagle is under no legal duty to encrypt any content or communications from and to the BluEagle web site and is also under no legal duty to provide digital authentication of any page on the BluEagle 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 BluEagle web site or the server and computer network that support the BluEagle web site.

9.4 Notwithstanding criminal prosecution, any person who delivers any damaging code to the BluEagle web site, whether on purpose or negligently, shall, without any limitation, indemnify and hold BluEagle harmless against any and all liability, damages and losses BluEagle and its partners / affiliates may suffer as a result of such damaging code.

9.5 Users may not develop, distribute or use any device to breach or overcome the security measures of the Product and BluEagle reserves the right to claim damages any and all persons concerned with a security failure or breach.

9.6 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 BluEagle and its partners / affiliates. The ECT Act may be downloaded from:

http://www.polity.org.za/pdf/ElectronicCommunications.pdf

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, BluEagle (including its owners, 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 BluEagle web site;

10.1.2 access to web sites linked to the BluEagle web site;

10.1.3 inability to access the BluEagle web site;

10.1.4 inability to access web sites linked to the BluEagle web site;

10.1.5 content available on the BluEagle web site;

10.1.6 services available from the BluEagle web site;

10.1.7 downloads, purchases and use of content from the BluEagle web site;

10.1.8 any other reason not directly related to BluEagle’s gross negligence.

10.2 The BluEagle 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 BluEagle, that the content available from and through the BluEagle 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 BluEagle web site should not be regarded as professional advice or the official opinion of BluEagle and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the BluEagle web site.

10.4 BluEagle does not make any warranties or representation that content and services available from the BluEagle web site will in all cases be true, correct or free from any errors. BluEagle shall take all reasonable steps to ensure the quality and accuracy of content available from the BluEagle web site.

10.5 BluEagle does not make any warranties or representations that the BluEagle web site shall be available at all times. Users acknowledge that the BluEagle web site may be unavailable due to updates or other causes beyond the reasonable control of BluEagle, including, but not limited to virus infection, unauthorised access (hacking), 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 BluEagle web site to BluEagle and BluEagle 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 BluEagle’s right to intercept, block, filter, read, delete, disclose and use all communications send or posted by the User to the BluEagle web site, its staff and employees.

12.2 The User agrees and acknowledges that the consent provided by the User in clause 12.1 satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.

13. ENTIRE AGREEMENT AND SEVERABILITY

13.1 Subject to the provisions of the Content Use License, these terms and conditions constitute the entire agreement between BluEagle and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by BluEagle from the User.

13.2 Any failure by BluEagle to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.

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 BluEagle agree that:

14.1 the User shall be bound to these terms and conditions and such agreement is concluded in Pretoria (South Africa) at the time the User enters the BluEagle web site for the first time or immediately after the User indicated consent as required in Content Use Agreement;

14.2 data messages (as defined in the ECT Act) addressed by the User to BluEagle 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 BluEagle 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 BluEagle shall be deemed to have been created and send 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 BluEagle; and

14.6 the User agrees and warrants that data messages that are sent to BluEagle 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

The BluEagle 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 BluEagle web site, its content, services and these terms and conditions.

16. LEGAL COSTS

BluEagle shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.

Last Updated: 15/12/2017

Details: Category: Policies

BluEagle.co.za Returns Policy

Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

General Returns

Most items purchased on BluEagle.co.za can be returned to us for a full refund. Non-returnable items are clearly shown as “Non Returnable” on the “Delivery” page displayed during the checkout process. Please contact us at if you are unsure if an item is returnable.

We will not be able to accept the return of an item under our general returns policy in the following situations:

If we receive a returned item later than three weeks after the date of dispatch
if the item is not in mint condition
if it is a non-returnable item
if the seal on a soothing oil, book, tool, game, health or beauty item is broken

All SOOTHING OILS, TOOLS, BOOKS, HEALTH and BEAUTY items need to be returned unopened/sealed.

Statutory Returns

Section 44 of the Electronic Communications and Transactions Act may apply to your order. Section 44 is only applicable if you are a natural person – in other words, a human being. You must also be the end user of the goods or service. If you qualify as a consumer under the ECT Act, you may be entitled to cancel some electronic transactions within seven days, without reason or penalty.

You must return any goods in new condition with all packaging and materials. We will refund the purchase price of the goods (minus the direct costs of returning the goods) within 30 days of the date of cancellation.

The original delivery charge will not be refunded and the cost for returning the parcel is at your expense. Please include your order or invoice number in the box of the return so that your refund can be processed.

The following goods cannot be returned in terms of the ECT Act:

Unsealed video games, software or other audio or video recordings,
Soothing Oils, Books, Tools, magazines or other periodicals, and
Items we have specially sourced for you

Section 56 of the Consumer Protection Act may also apply to your order. Section 56 will only apply if:

you are a natural person – in other words, a human being, or
a juristic person (like a company, trust or closed corporation) with an annual turnover of less than R2million.

If you qualify as a consumer in terms of the CPA then all of our goods sold to you are sold with an implied warranty of quality against any defects for six months of normal household or business use, from the time we supplied the goods.

Defective goods are those that had a defect or were unsafe when we supplied them. A defect usually means that the goods were manufactured using materials, components or workmanship below an acceptable standard. You must prove that goods are defective.

We will replace, repair, or refund the price of any defective goods that you return to us during the six-month statutory warranty.

We will refund the reasonable postal and insurance costs of returning defective goods. We may inspect the goods to confirm that they are defective before we do so.

Our customer services department may tell you that they do not believe you have a claim, for example because the warranty period of the goods has expired. In this case we may refuse to replace goods, or refuse to pay a refund.

Deliver the defective physical goods under warranty to us or post them by normal prepaid registered post, insured against loss, damage and theft. The street and postal addresses for all returns are the same as for our customer services department, details of which are below.

Once we have received the package, we will notify you that we have received the physical goods. Please note that it is your responsibility to ensure that the package is delivered to BluEagle within the returns window provided and at the correct address.

If you claim that our goods are defective, our technicians will examine the goods for defects. In the case of physical goods, our technicians will examine the actual goods. They will report to us whether the goods were defective, were misused or are of good quality. If our technician reports that the goods were misused, were of good quality, were not provided to you for a specific purpose or were suitable for that purpose, then we will not replace or refund the goods.

If you choose for us to replace or repair the goods, we will contact you as soon as reasonably possible to organise the necessary steps to repair or replace the goods.

If you choose for us to make a refund, we will contact you and arrange payment of the refunded amount into a bank account of your choice within 30 days of cancellation.

If we do not accept that we supplied defective or unsuitable goods, and our customer services department has not been able to help, any customer may still take the matter up with the consumer goods and services ombuds http://www.cgso.org.za/ or other dispute resolution body, or take legal action. The dispute resolution procedures under the CPA do not necessarily apply to all transactions with us. This policy does not exclude any other rights customers may have.

We aim for complete customer satisfaction. We respect our customers’ rights and always try to comply with best practice and all relevant laws. If you are not satisfied with any of our goods, or have any questions, please contact our customer services department and have your invoice ready. We will try our best to solve your problem.

Incorrect items

We will either replace the item or refund you for any item that you receive that does not match the description advertised on the website. We will usually need you to return the item to us at no additional cost to yourself.

Please contact us at within 24 hours where the item is not what you ordered.

Last Updated: 15/12/2017

Details: Category: Policies

BluEagle Privacy Policy

BluEagle Responsible Disclosure Policy

BluEagle Website Usage Terms & Conditions

BluEagle Returns Policy

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