We are Yemoja, this is our website available at http://yemoja.net, and these are our legal terms, including our:
Terms of sale - which you agree to by checking a check box when you place an order through this website; and
We may change any of these terms at any time by updating this web page.
If you have any questions about our legal terms, please contact us.
Licence. We grant you a limited licence to use this website.
Breach. We may cancel your licence if you breach any of these terms.
Framing. You may not frame this website.
Capacity. You agree to the terms on the basis that you have the capacity to visit this website.
Accurate information. You promise that you will give this website only accurate information.
Ownership. We or our third party licensors own all rights in this website.
Trade marks. All our trade marks are our property and you may not use them without our permission. All other trade marks are their respective owners' property.
Restrictions. You may not change, hire out, reverse engineer, or copy this website without our permission.
Own risk. You use this website at your own risk and we make no warranties about it.
Indemnity. You indemnify us against any liability related to your use of this website.
Direct damages limited. Our maximum liability to you for all claims for direct damages related to this website is R100.
Indirect damages. We will never be responsible for any indirect damages.
Terms of sale
Introduction. These terms cover any transactions where we provide goods to you through this website.
The parties. We are the vendor under these terms. You are the customer under these terms.
Duration. These terms commence when you accept them and continue until terminated.
Orders. You place orders with us on the following basis:
you promise that you have the legal capacity to enter into the transaction;
we only conclude an agreement when we dispatch our goods to you;
we may cancel any order, but we will refund any money you have paid if we do;
we conclude an agreement where you are domiciled; and
each order is a separate agreement, but you breach all of them if you breach one.
Goods. We sell the goods to you on the following basis:
you will bear the cost and we will choose the way of packaging and delivering the goods unless agreed otherwise;
we will do our best to dispatch the goods as soon as possible after you have placed an order, but we are not liable and you may not cancel an order if we do not do so timeously;
risks related to the goods pass to you on delivery;
ownership in the goods passes to you on payment of the fees in full; and
you have the same rights against us as we have against our suppliers in terms of any warranty attached to the goods or imposed by law.
Your data. You own all your data. When you enter your data into the system, you give us a licence to use it to provide the goods. We are not responsible for any of your data stored on our system.
Intellectual property. We may own intellectual property rights in our goods and you may not use those rights without our permission. We may prosecute you for any violations of our proprietary rights.
Disclaimer. We disclaim all warranties to the extent allowed by applicable law. We are not liable for any defect that you cause.
Fees and payment. You will pay us the fees on the due date. You may not withhold payment of any amount due to us for any reason.
Direct damages limited. We are only liable to you for any direct damages that the goods may cause up to the total amount of fees that you have paid us for them.
Indirect damages excluded. We are not liable for any other losses that they may cause you.
Breach. Please don't breach your obligations under this agreement. If you do, we have certain rights against you in terms of the law.
Termination. We may need to terminate this agreement immediately under certain unlikely circumstances, including if we discontinue the goods, believe providing the goods could burden or pose a risk to us, have to terminate to comply with a law, or providing the goods has become impractical. If we need to, we will give you as much notice as possible in writing.
Resolving disputes. We want to avoid disputes about this agreement and resolve them as quickly as possible. But if there is one, either party may inform the other of it in writing. The parties must first try to negotiate to end the dispute, then enter into mediation if negotiation fails, and finally go to arbitration if mediation fails.
Notices and domicile. We want to communicate with you effectively about this agreement. For this reason, the parties will send all notices to each others' email addresses and choose their respective street addresses as their service addresses for all legal documents, but they may change either address on 14 calendar days written notice to the other.
Force majeure. Things may happen that prevent you or us from complying with each of our obligations under this agreement. Neither party is responsible for breach of this agreement caused by circumstances beyond its control, but the other party may cancel the agreement on written notice to the other if the circumstances persist for more than 60 calendar days.
Entire agreement. The agreement is the entire agreement between the parties on the subject.
Changes. If we change this agreement by updating this web page, any changes will only apply to future orders.
Governing law. South African law governs this agreement.
Jurisdiction. You consent to the jurisdiction of the Magistrate's Court.
Purpose. This policy describes the way we handle your personal information.
Personal information. Personal information includes information we collect:
on submission when you place an order; and
automatically when you visit this website.
Acceptance. You may not order any of our goods if you do not accept this policy.
Collected on submission. We collect your contact details and delivery address when you place an order.
Collected automatically. We collect your Internet usage information when you visit this website.
Purpose for collection. 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 get your consent to collect your personal information in accordance with applicable law when you provide us with it.
Use. We may use your personal information to fulfil our obligations to you.
Sharing. We may share your personal information with third parties for the purposes of fulfilling our obligations to you.
Disclosure. We may disclose personal information to third parties if required for legal reasons.
Security. Our website is hosted on a secure server and uses security measures to prevent interference by intruders.
Retention. We will only retain your personal information for as long as is necessary.
Transfer. We may transfer your personal information outside South Africa to a foreign country.
Updating or removing. You may choose to update or remove the personal information you have submitted to us by contacting us.
- Collection of Information
We collect information that you provide us, from third parties, and automatically when you use our Platform. We collect information associated with your device using cookies and similar technologies. We may also receive information about your location.
Information You Provide Us
We collect information that you provide to us, including your account and profile information, content you submit or post to our Platform, your purchase information, your communications, and information you provide to us as part of surveys and contests.
Account and Profile Information. When you create an account on our Platform, we collect information you provide to us, like your name, email address, interests, gender, age, and profile information.
Content you Submit. We collect information and content that you submit or post to our Platform, including your photos, comments, reviews, searches, photo notes, Ideabooks, and discussions.
Purchases. If you purchase or sell products within our Platform, we collect certain information in order to process your purchases and sales, such as your phone number, address, and payment method (for example, credit card or bank account information).
Communications. When you communicate with us (via email, phone, through our Platform, or otherwise) and when you use our Platform to communicate with others, we store a copy of your communications (including call recordings, subject to providing you notice or obtaining your consent in accordance with applicable law).
Surveys and Contests. If you participate in our surveys, contests, or promotions, we will collect the information you provide to us.
Information from Others
We collect information that others provide us, including information from other platforms, publicly available information, information from other users of our Platform, information from our partners and corporate affiliates, and information from third-party sites.
Other Platforms. We may receive information about you from third-party platforms that obtain your permission to share this information with us. If you choose to sign-up for our Platform through Facebook or Google or upload your contacts from your third-party email service, you will be asked to share certain information with us as identified by those third-party platforms.
Publicly Available Information. Others may post content on our Platform that includes information about you (for example, as part of photos or stories).
Other Users. In order to enhance the quality of our Platform, professionals and sellers on our Platform may provide us information about your engagement with them, including whether you have contacted them or responded to them, whether your project has been completed, and whether you have received a product you have ordered. If you are a professional or seller, Platform users and visitors may provide us with feedback and public reviews about you.
Our Partners. We may receive information about you from our partners. For example, our payment processors may update your payment information, advertising partners may help us send communications to your address, and third parties may help us prevent fraud by verifying your contact information.
Automatically Collected Information
We collect information about your use of our Platform, including your search activity, the pages you view, the date and time of your visit, and if you use our browser extensions, content you interact with on third-party sites. We also collect information that your device provides to us in connection with your use of our Platform, such as your browser type, type of device, browser language, IP address, mobile carrier, unique device identifier, location, and requested and referring URLs.
Cookies and Similar Technologies
We will receive your device's location if you enable this through your browser or mobile device. We may infer your general location from your IP address. You may also choose to provide us your location information by inputting this information in our Platform, including in your settings or when you checkout as a shipping or billing address.
- Use of Information
We use the information we collect to provide, support, and personalise our Platform and to communicate with you about our Platform (on and off our Platform). The ways we do this include the following:
to provide and improve our Platform's functionality, including to display content you post publicly; to fulfil your purchases through our Platform; to process, store, and deliver your communications; to provide customer service and support; to respond to your enquiries or requests; to back-up our systems; and to improve the security of our Platform;
to evaluate use of our Platform for our business purposes and to improve and develop our products and services, including new products and services and our Platform's functionality;
to personalise your experience, such as to tailor the content and information made available to you and our support services;
to display relevant advertising (on our Platform and third-party sites) and to evaluate the success of our advertising;
to provide feedback to professionals and sellers on our Platform;
to perform research and analysis for our business purposes; and
if you decide to participate, to administer surveys, contests, and promotions.
If you provide us information about your contacts (for example, when you sign up for our Platform through Facebook), in order to facilitate a more connected experience, we may inform your contacts who have accounts on our Platform that you also have joined our Platform and follow them on your behalf so that you may view their public activities on our Platform.
We may use your communications generally for quality assurance purposes and training and to improve our products and services. We may use your communications to understand and help manage the quality of requests received and responses sent by professionals and sellers on our Platform and to provide them feedback. We may use automated technology to review your communications and improve user experience. Learn more.
We may use your log-in information, cookie information, device information, and IP addresses to identify you and log your use across devices and our Platform. We may use your addresses to personalise your experience on our Platform.
For your convenience, unless you opt-out through your settings, we will store information about your payment method. If you make purchases on our Platform as a visitor and subsequently create an account, for your reference, we will make information available to you about any prior purchases completed using the email address for your account.
Any use of your information that is incompatible with these uses will be disclosed to you in advance so that you may opt out of such uses at your discretion.
- Sharing Your Information
We do not rent or sell your personal contact information (such as your email address associated with your account registration) to third parties to use for their own marketing purposes. We share information in the following ways:
Platform Visitors and Users
Though our Platform, others may find, contact, view, and follow your profile and public activity on our Platform (for example, if you "like" content on our Platform), including through your username. You can customise your profile and whether users may follow you through your settings. Unless you make them private using your settings and other tools, your Ideabooks, photos, notes on others' photos, projects, discussions, social media profiles, followers, and others you follow are viewable and open to comments by others. Learn how to make these private. If you are a professional or seller, we may also display aggregated information about your activity in order to help visitors and users evaluate you, including your response rate and last visit to our Platform. We cannot control Platform visitors' and users' use of any information or content you choose to make available publicly.
Service Providers and Platform Partners
Advertisers and Ad Networks
Corporate Affiliates and Business Transfers
- Third Party Plug-ins, Widgets, and Links
An essential part of our services that you sign up for when you create an account on our Platform is to receive communications from YEMOJA through email and our Platform. We communicate with you about your account, privacy, and interactions with your content You may change your communication preferences at any time through your settings and you may also opt-out of similar types of marketing emails from YEMOJA directly through the email. Please be aware that you cannot opt-out of receiving account and privacy-related messages from us.
Our Platform also allows you and others to send messages in our Platform, share content with others outside our Platform, and if you make your contact information available, for others to contact you outside our Platform.
- Account Termination and Data Retention
We will keep your personal information only for as long as necessary to fulfil the purposes for which we are processing your personal information unless the law permits or requires us to retain your personal information for a longer period. For example, we may need to keep your personal data for quality assurance for our Platform or to defend future legal claims. We also will retain aggregated information after your account has been closed.Information you have shared with others will remain visible after you have closed your account or deleted the information from your own profile or account, and we do not control information or content that others have copied out of our Platform. Please note that copies of information that you have updated, modified, or deleted may continue to reside in our systems for a period of time, and we may maintain copies of this information as part of our business records.
Our Platform is intended for general audiences and is not directed to children under 13. We do not knowingly collect personal information from children under 13. In the event that we learn that we have collected personal information from a child under age 13, we will take appropriate steps to delete that information. If you become aware or believe that a child has provided us with personal information, please contact us as provided in the Contact Us section.
- Data Security
We use reasonable and appropriate measures to protect your personal information from loss, misuse, unauthorised access, disclosure, alteration, and destruction, taking into account the risks involved in the processing and the nature of the personal information.
- Contact Us
- Legal Basis for Processing Personal Information (European Economic Area)
If you wish to learn more about specific legal grounds we rely on to process your information for any particular purpose (including any legitimate interests we have to process this information), please contact us as provided under the Contact Us section. For example, we rely on our legitimate interests to process information for direct marketing purposes and for fraud prevention and detection, provided these interests are not overridden by your data protection interests or fundamental rights and freedoms.
- Your Data Protection Rights (European Economic Area)
In some regions, such as the EEA, you may have certain rights in relation to your personal information, including the right to access, correct, update, or request deletion of your personal information. YEMOJA takes reasonable steps to ensure that the data we collect is reliable for its intended use, accurate, complete, and up to date. You also can manage your profile and settings within our Platform. However, if you are not a user of our Platform and you want to contact us directly about accessing, correcting, updating, or deleting your personal information, or altering your data or marketing preferences, you can do so at any time by contacting as provided in the Contact Us section. We will consider your request in accordance with applicable laws.
You can object to processing of your personal information, ask us to restrict processing of your personal information, or request portability of your personal information. Again, you can exercise these rights by contacting us as provided in the Contact Us section. You also can deactivate your profile and obtain a copy of your information through your settings.
You can complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA and Switzerland are available here.
Similarly, if we have collected and processed your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. We may ask you to verify your identity in order to help us respond efficiently to your request.
Effective 25th May, 2018