Terms of service
These Website Terms of Service apply to the use of the website operated by CLOWNHAUS (PTY) LTD, registration number 2020/479322/07 / K2020479322, trading as CLOWNHAUS®.
For purposes of these Terms, “CLOWNHAUS®”, “we”, “us” or “our” refers to CLOWNHAUS (PTY) LTD. “You” or “your” refers to any website visitor, prospective client, client, requester, subscriber, user, or other person who accesses, browses, uses, submits information through, or interacts with the website.
CLOWNHAUS® operates as a South African cosmetic consulting and advisory services business. As at the effective date of these Terms, CLOWNHAUS® provides services only and does not sell physical cosmetic products, finished goods, skincare products, raw materials, merchandise, or standalone digital products through the website.
These Terms must be read together with our Privacy Policy, Refund, Cancellation and Rescheduling Policy, Shipping, Electronic Delivery and Service-Related Samples Policy, Legal Notice, Service Terms, and any applicable NDA, quotation, invoice, proposal, written scope of work, service brief, project plan, or other written agreement issued or accepted by CLOWNHAUS®.
1. Purpose of these Terms
These Terms govern access to and use of the CLOWNHAUS® website.
They are intended to regulate website use and content, enquiries, intellectual property, acceptable use, limitations on reliance, policy cross-references, and general legal conditions relating to the website.
These Terms do not replace the separate Service Terms that apply to paid consultations, advisory work, formulation-related services, research and development support, documentation support, regulatory support, training, troubleshooting, benchmarking, or other professional services provided by CLOWNHAUS®.
2. Website Platform
The CLOWNHAUS® website is operated through Shopify.
Shopify provides the e-commerce and website platform through which CLOWNHAUS® presents its website, service information, policy pages, contact routes, and related website functionality.
Use of the website may also be subject to Shopify’s platform functionality, technical operation, security measures, cookies, integrations, and limitations. CLOWNHAUS® is not responsible for Shopify outages, third-party platform failures, internet disruptions, browser incompatibility, or technical issues outside the reasonable control of CLOWNHAUS®.
3. Services-Only Position
CLOWNHAUS® currently provides cosmetic consulting, advisory, documentation, formulation support, regulatory support, claims support, technical training, GMP / ISO 22716 readiness support, research and development support, and related professional services.
CLOWNHAUS® does not currently operate as a physical product e-commerce store and does not currently sell, dispatch, deliver, or ship retail skincare products, cosmetic products, raw materials, finished goods, merchandise, or other physical goods through the website.
CLOWNHAUS® also does not currently sell standalone digital products, downloadable resources, paid templates, paid workbooks, online courses, recordings, or other standalone digital products through the website.
If CLOWNHAUS® introduces physical products, digital products, downloadable resources, paid templates, training materials, or other online products in future, these Terms and the applicable website policies may be updated before or at the time those products are made available.
4. Professional Services and Service Terms
Any paid consultation, advisory service, formulation support, research and development support, troubleshooting, benchmarking, documentation support, regulatory support, claims support, technical training, strategic advisory service, or related professional service provided by CLOWNHAUS® is governed by the separate Service Terms, together with any applicable NDA, quotation, invoice, proposal, written scope of work, service brief, project plan, or other written agreement issued or accepted by CLOWNHAUS®.
Where there is a conflict between these Website Terms of Service and the Service Terms in relation to a paid service engagement, the Service Terms and the specific written engagement documents will apply to the extent of the conflict, unless expressly agreed otherwise in writing.
The Service Terms are available on the CLOWNHAUS® website under Service Terms.
5. No Automatic Client Relationship
Submitting an enquiry using a contact form, subscribing to communications, sending an email, requesting information, viewing website content, or communicating with CLOWNHAUS® through the website does not automatically create a client relationship, a professional advisory relationship, a confidentiality obligation, a service engagement, a duty to proceed, or an obligation to provide advice.
A client relationship or service engagement is created only when CLOWNHAUS® expressly accepts the engagement in writing, issues or accepts the applicable NDA, quotation, invoice, proposal, written scope of work, service brief, project plan, or other written agreement, and any required payment or onboarding requirement has been completed.
CLOWNHAUS® may decline any enquiry, consultation request, project request, service request, or proposed engagement at its discretion.
6. Website Content Is Not Final Advice
Website content is provided for general informational, educational, commercial, explanatory, and brand-positioning purposes only.
Website content does not constitute:
1. legal advice;
2. attorney services;
3. final regulatory advice;
4. final regulatory approval;
5. toxicological safety assessment;
6. laboratory testing;
7. microbiological testing;
8. preservative efficacy testing;
9. stability testing;
10. packaging compatibility testing;
11. manufacturing approval;
12. GMP certification;
13. ISO certification;
14. product registration;
15. responsible person services;
16. medical advice;
17. pharmaceutical advice;
18. financial advice;
19. tax advice;
20. product approval;
21. claim approval;
22. formulation approval; or
23. a guarantee of commercial success.
You must not rely on general website content as a substitute for scoped professional advice, legal review, regulatory review, toxicological assessment, laboratory testing, manufacturing validation, safety assessment, or other specialist input required for your product, business, label, claim, formulation, documentation, manufacturing process, or commercial decision.
7. Cosmetic, Regulatory and Technical Information
The website may discuss cosmetic science, formulation strategy, regulatory interpretation, documentation, claims, labelling, GMP / ISO 22716 readiness, product development, manufacturing considerations, ingredient logic, product positioning, and related technical or commercial topics.
Such information is general in nature unless expressly provided within a paid, scoped, written service engagement.
CLOWNHAUS® does not guarantee that website content is complete, current, applicable to every product, suitable for every market, or appropriate for any specific business decision.
Cosmetic regulatory requirements, product safety expectations, claims requirements, labelling rules, market standards, manufacturing requirements, and documentation expectations may differ by jurisdiction, product type, claim type, ingredient profile, distribution channel, and commercial context.
8. Accuracy, Availability and Updates
CLOWNHAUS® takes reasonable steps to maintain website content, but does not guarantee that the website or any website content will always be complete, accurate, current, uninterrupted, error-free, secure, or available.
CLOWNHAUS® may update, amend, remove, suspend, restrict, replace, or discontinue any website content, page, service description, policy, feature, form, link, or functionality at any time without prior notice.
Service descriptions on the website are indicative only. The final scope, fee, deliverable, timeline, exclusion, and engagement structure for any paid service will be determined by the applicable written agreement issued or accepted by CLOWNHAUS®.
9. Website Enquiries and Contact Forms
You may use the website to submit enquiries, request information, subscribe to communications, or contact CLOWNHAUS®.
When using website forms or email contact routes, you must provide information that is accurate, lawful, relevant, and not misleading.
You must not submit unnecessary confidential information, proprietary information, special personal information, health information, skin photographs, medical information, children’s information, third-party personal information, or commercially sensitive information unless CLOWNHAUS® has expressly requested it or agreed in writing to receive it.
Where confidential information, proprietary information, product concepts, formulation information, supplier documents, manufacturer information, technical documents, or commercially sensitive information are involved, CLOWNHAUS® may require an NDA before reviewing or receiving such information.
10. Privacy and Personal Information
Personal information processed through or in connection with the website is governed by the CLOWNHAUS® Privacy Policy.
The Privacy Policy explains how CLOWNHAUS® collects, uses, stores, discloses, protects, and retains personal information, including information relating to website use, contact forms, enquiries, email communications, Shopify Email, Google Analytics, PAIA, POPIA, and related privacy rights.
By using the website, submitting information, subscribing to communications, or communicating with CLOWNHAUS®, you acknowledge that personal information may be processed in accordance with the Privacy Policy.
11. Direct Marketing
Where you subscribe, opt in, request communications, or otherwise lawfully receive marketing communications from CLOWNHAUS®, CLOWNHAUS® may send newsletters, updates, cosmetic intelligence content, business communications, service information, or related marketing communications.
You may unsubscribe from marketing communications using the unsubscribe mechanism in the relevant email or by contacting CLOWNHAUS® at info@clownhaus.com.
CLOWNHAUS® may still send non-marketing communications where necessary, including communications relating to enquiries, consultations, invoices, service engagements, PAIA/POPIA requests, legal notices, or existing contractual obligations.
12. Fees, Cancellations, Rescheduling and Refunds
Consultation fees, service fees, project fees, cancellations, rescheduling requests, no-shows, refunds, and related service-fee matters are governed by the Refund, Cancellation and Rescheduling Policy, the Service Terms, and any applicable invoice, quotation, proposal, written scope of work, or other written agreement issued or accepted by CLOWNHAUS®.
Consultation fees are non-refundable once paid, except where a refund is required by applicable Law or expressly agreed by CLOWNHAUS® in writing.
A consultation may be rescheduled only if CLOWNHAUS® receives written notice at least 48 hours before the scheduled consultation time, subject to the Refund, Cancellation and Rescheduling Policy and the Service Terms.
13. Shipping, Electronic Delivery and Service-Related Samples
CLOWNHAUS® does not currently sell or ship retail products through the website.
Shipping, electronic delivery, service deliverables, R&D samples, benchmark samples, troubleshooting samples, formulation samples, client-supplied samples, packaging samples, courier arrangements, sample-related risks, and electronic delivery of service-related materials are governed by the Shipping, Electronic Delivery and Service-Related Samples Policy, the Service Terms, and any applicable written agreement.
Service-related samples are not retail goods sold through the website and must not be treated as final approved products, consumer goods, commercial goods, or products supplied for resale unless expressly agreed in writing.
14. Intellectual Property
The website, website content, text, copy, concepts, service descriptions, page structure, brand language, imagery, visual identity, logos, trademarks, design elements, layouts, documents, frameworks, methodologies, and other materials displayed on or made available through the website are owned by or licensed to CLOWNHAUS®, unless otherwise stated.
You may view website content for ordinary personal, informational, or legitimate business enquiry purposes.
Unless expressly authorised in writing by CLOWNHAUS®, you may not:
1. copy, reproduce, modify, scrape, harvest, download, republish, sell, licence, distribute, commercially exploit, or create derivative works from website content;
2. use CLOWNHAUS® content to train, develop, prompt, benchmark, or improve artificial intelligence systems or third-party tools;
3. copy CLOWNHAUS® service structures, frameworks, page structures, wording, methodologies, brand language, or document structures for commercial use;
4. use CLOWNHAUS® trademarks, logos, trade dress, imagery, brand assets, or visual identity without permission;
5. misrepresent any CLOWNHAUS® content as your own; or
6. use website content in a way that may damage, dilute, misrepresent, or exploit the CLOWNHAUS® brand.
15. AI-Assisted Imagery, Brand Assets and Legal Notice
The CLOWNHAUS® website may include AI-assisted imagery, edited imagery, creative assets, conceptual visuals, mannequin imagery, artistic references, brand presentation, design elements, and other visual materials.
The use of such materials is governed by the CLOWNHAUS® Legal Notice, which must be read together with these Terms.
Nothing on the website should be interpreted as indicating affiliation with, endorsement by, sponsorship by, approval from, or association with any third-party brand, artist, platform, product, person, supplier, manufacturer, regulator, certification body, professional body, or organisation unless expressly stated in writing.
16. Acceptable Use
You must use the website lawfully, responsibly, and only for legitimate purposes.
You must not:
1. use the website for unlawful, fraudulent, misleading, harmful, abusive, or unauthorised purposes;
2. interfere with the operation, security, performance, or availability of the website;
3. attempt to gain unauthorised access to systems, accounts, data, content, or infrastructure;
4. introduce viruses, malware, harmful code, automated scraping tools, or disruptive technologies;
5. copy, scrape, mine, harvest, extract, or collect website content or data without permission;
6. submit false, misleading, unlawful, confidential, harmful, offensive, or unauthorised information;
7. impersonate another person or misrepresent your authority;
8. use the website to infringe intellectual property, privacy, confidentiality, or other rights;
9. interfere with any other person’s use of the website; or
10. use the website in a way that may damage CLOWNHAUS®, its systems, reputation, brand, clients, service providers, or legal interests.
CLOWNHAUS® may restrict, suspend, or block access to the website where it reasonably considers this necessary to protect the website, business, systems, clients, users, data, intellectual property, or legal rights.
17. Third-Party Links and Services
The website may contain links to third-party websites, platforms, tools, documents, resources, service providers, social media pages, payment providers, professional bodies, regulators, directories, suppliers, or other external resources.
Third-party links are provided for convenience, reference, context, or functionality only.
CLOWNHAUS® does not control and is not responsible for the content, accuracy, availability, policies, practices, security, privacy, terms, products, services, or conduct of third-party websites or platforms.
You access third-party websites and platforms at your own risk and should review the applicable third-party terms and privacy policies.
18. User Submissions
If you submit information, documents, files, comments, messages, enquiries, briefs, concepts, samples, or other materials to CLOWNHAUS®, you confirm that:
1. you have the right to submit them;
2. they are lawful and accurate to the best of your knowledge;
3. they do not infringe the rights of any third party;
4. they do not contain unnecessary personal information or special personal information;
5. they are not misleading, unlawful, harmful, defamatory, or unauthorised; and
6. CLOWNHAUS® may use them to assess, respond to, administer, or perform the relevant enquiry or service request, subject to the Privacy Policy, Service Terms, NDA, and any applicable written agreement.
CLOWNHAUS® may delete, disregard, restrict, return, or decline to review any submission that is unsolicited, unlawful, unsafe, inappropriate, outside scope, or not required for the relevant purpose.
19. No Warranties
The website and website content are provided on an “as is” and “as available” basis.
To the maximum extent permitted by applicable Law, CLOWNHAUS® makes no warranties, representations, or guarantees that:
1. the website will be uninterrupted, secure, error-free, or available at all times;
2. website content will always be complete, accurate, current, or suitable for your specific purpose;
3. website content will meet your expectations or requirements;
4. any website content will produce any specific technical, regulatory, commercial, or business outcome;
5. any third-party platform, service, tool, link, or integration will function without interruption; or
6. the website will be free from viruses, vulnerabilities, or harmful components.
Nothing in these Terms excludes any warranty, right, or remedy that cannot lawfully be excluded under applicable Law.
20. Limitation of Liability
To the maximum extent permitted by applicable Law, CLOWNHAUS® will not be liable for any indirect, incidental, special, punitive, exemplary, consequential, commercial, reputational, regulatory, manufacturing, production, launch, recall, sales, profit, opportunity, data, goodwill, or business loss arising from or relating to use of the website, reliance on website content, website unavailability, third-party links, user submissions, unauthorised access, technical failure, or use of website information.
To the maximum extent permitted by applicable Law, the total liability of CLOWNHAUS® arising from or relating to use of the website will be limited to the amount permitted by applicable Law.
This clause does not limit any liability that cannot lawfully be excluded or restricted.
21. Indemnity
You indemnify CLOWNHAUS® against claims, losses, damages, liabilities, costs, expenses, proceedings, complaints, penalties, or demands arising from:
1. your unlawful or unauthorised use of the website;
2. your breach of these Terms;
3. your breach of any applicable policy or written agreement;
4. your infringement of intellectual property, privacy, confidentiality, or other rights;
5. inaccurate, unlawful, misleading, or unauthorised information submitted by you;
6. misuse of website content;
7. unauthorised reliance on general website content as professional advice; or
8. any unlawful, negligent, reckless, or unauthorised act or omission by you.
This indemnity applies to the extent permitted by applicable Law.
22. Statutory Rights
Nothing in these Terms is intended to exclude, restrict, or limit any consumer rights, statutory cooling-off rights, privacy rights, access rights, refund rights, cancellation rights, or other rights that cannot lawfully be excluded under applicable South African Law.
Where a statutory right applies, CLOWNHAUS® will consider the matter in accordance with applicable Law, the nature of the transaction, the nature of the service, whether work has commenced, whether work has been performed, and any applicable written agreement.
23. Governing Law
The laws of the Republic of South Africa govern these Terms.
Unless otherwise agreed in writing, the competent courts of South Africa will have jurisdiction over disputes arising from or relating to these Terms, the website, website content, or website use.
24. Changes to these Terms
CLOWNHAUS® may amend these Terms from time to time to reflect changes in Law, website functionality, Shopify functionality, business operations, service offerings, risk controls, policies, or internal compliance requirements.
The updated version will be published on the website with an updated effective date.
Continued use of the website after the updated Terms are published constitutes acknowledgement of the updated Terms, to the extent permitted by Law.
25. Contact
For questions about these Website Terms of Service, contact:
CLOWNHAUS (PTY) LTD
Trading as CLOWNHAUS®
Company registration number: 2020/479322/07 / K2020479322
Email: info@clownhaus.com