TERMS, CONDITIONS AND WEBSITE USE DISCLAIMER
1.1. This website (“ “) (hereinafter referred to as “ ”) is made available by .
1.2. Any reference to includes our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers (hereinafter also referred to as “ ” or “ ”).
1.3. The terms in this policy apply to any person who uses, accesses, refers to, views and/or downloads any information made available by us on the Website for whatever purpose (“ “) (hereinafter referred to as “ ” or “ ” or “ “). The display of Content and your ability to view, access, use, and/or download the Content on the Website shall be referred to as the “ “.
2.3. These Terms may be updated or amended by us at any time, in our sole discretion and without notice to you. If you continue to access or use the Website, Services and/or our Content after amendments are made and displayed, you will be deemed to have accepted the amended terms of the agreement.
3.1. You agree that you are solely responsible for obtaining and maintaining all facilities, services, products that may be required by you to use the Website and the Services. You must, at all times, provide your own hardware, software as well as internet connectivity and telecommunications infrastructure, which includes software to prevent infection by viruses, malware or programmes of a similar nature.
3.2. We do not permit copyright-infringing activities or the infringement of intellectual property rights on the Website, and we may, at our sole discretion and without notice, remove any infringing Content if we are of the view that such Content infringes on another’s intellectual property rights.
3.3. Hyperlinks provided on this Website to websites not directly affiliated to , are provided “as is” and does not necessarily agree with, edit or sponsor the content on such websites. No person, business or website may frame our Website or any of the pages on our Website in any way whatsoever.
3.4. The Website and the Services available through the Website may contain links to other third-party websites, including (without limitation) social media platforms (“ “). If you access the links to Third-Party Websites, you may be subject to those Third-Party Websites’ terms, conditions, and other policies. We neither endorse nor take responsibility for the content, terms and conditions, privacy policies or views expressed in or by any Third-Party Websites.
4.1. Whilst all reasonable and foreseeable steps and precautions have been taken to ensure the accuracy of all Content available on the Website, the Content is intended and produced for general information purposes only, and to the extent allowed by law, should not be relied upon by you as specific advice of any kind.
4.2. You acknowledge that any information, ideas and opinions expressed on the Website are not intended to, and do not, constitute professional advice, or a replacement or substitute for professional advice, of any nature whatsoever.
4.3. This paragraph constitutes an assumption of risk and / or liability by you, which risk you immediately accept by accessing our Website, Services of Content, and limits and excludes liabilities, obligations and legal responsibility, which we will have towards you and other persons. This paragraph also limits and excludes your rights and remedies against us and places various risks, liabilities, obligations and legal responsibilities on you. Please ensure that you have read and understood the terms in this paragraph
5.1. You may not use the Website to obtain or distribute:
5.1.1. copyrighted material or material protected by law without our prior written consent of the author; or
5.1.2. material containing viruses, malware or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software.
5.2. You may not perform any act, which may jeopardise or interfere with the functionality or the operation of any part of the Website, Content or our Services.
5.3. You are strictly prohibited from using the Website for “spoofing”, “hacking”, “flaming”, “cracking”, “phishing” or “spamming” or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts.
5.4. You shall not intercept any information transmitted to or from us or the Website, which is not intended by us to be received by you.
5.5. Subject to the further provisions of these Terms, the Website, Services and Content may only be used by you for lawful purposes and shall not extend to the use of the source code of the Website, Services or the Content.
5.6. Subject to the further provisions of these Terms, you are not allowed to:
5.6.1. frame, modify, distribute, commercialise, exploit and/or alter the Website or the Content;
5.6.2. incorporate any part of the Content in any other work or publication; and/or
5.6.3. perform any other act, which may not be considered or justified as fair use.
5.7. Any restrictions on the use of the Website, Services or Content shall also apply to any part of the Website, Services or Content, which may be cached when using the Website, Services or Content.
5.8. In addition to the above, you may not, and may not allow a third-party to:
5.8.1. decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats, programming of the software forming part of the Website, Services and/or the Content (“ “) or any files contained in or generated by the Software by any means whatever;
5.8.2. remove any product identification, copyright or other notices, from the Software or documentation;
5.8.3. lend to a third-party, or use any portion of the Software (whether or not modified or incorporated with other software) on or with any machine or system other than your practice’s hardware; or
5.8.4. Disseminate performance information or analysis of the Software from any source relating to the Software.
6.1. We reserve all rights (including all available intellectual property rights) not expressly granted herein to the Website, Services and Content which we make available on or via the Website.
6.2. You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of Content of third-parties obtained through the Website, or links on the Website, for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.
6.3. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features which prevent or restrict use or copying of any Content or enforce limitations on the use of the Website or the Content therein.
8.1. As far as the law allows, you agree to defend, indemnify us and hold us and our officers, subsidiaries, holding companies, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from:
8.1.1. your use of, and access to, the Website, Content and/or the Services;
8.1.3. your violation of any third-party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or
8.1.4. any claim that your content caused damage to a third-party.
8.2. This defence and indemnification obligation will survive the termination, modification or expiration of these Terms and your use of the Services, Content and the Website.
8.3. This paragraph constitutes an assumption of risk and / or liability by you and limits and excludes liabilities, obligations and legal responsibility, which we will have towards you and other persons. This paragraph also limits and excludes your rights and remedies against us and places various risks, liabilities, obligations and legal responsibilities on you. Please ensure that you have read and understood the terms in this paragraph.
9.1. As far as the law allows, neither us nor any of our agents, officers, subsidiaries, holding companies, affiliates, successors, assigns, directors, service providers, suppliers, employees or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use the Website, Content or Services provided from and through the Website. Furthermore, we make no representations or warranties, implied or otherwise, that, amongst others, the Content and technology available from the Website are free from errors or omissions or that the Services will be 100% uninterrupted and / or error free.
9.2. As far as the law allows, no provision of these Terms (or any contract governed by these Terms):
9.2.1. limits or purports to limit or exempts us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption; and
9.2.2. requires you to assume risk or liability, to the extent that the law does not allow such an assumption of risk or liability.
10.1. As far as the law allows, the Website, Content and Services are provided without any representation or warranty whatsoever, whether express, implied or statutory, including (without limitation) any representation or warranty as to the operation, integrity, compatibility, availability or functionality of the Website or as to the operation, accuracy, completeness, integrity, compatibility, availability functionality or reliability of the Content or Services.
11.1. These Terms, and any rights or licenses granted hereunder, may not be transferred or assigned by you.
11.2. We may, at any time, transfer or assign any or all of our rights and obligations under these Terms, without notice to you. We do not have to inform you where we assign any rights or obligations to any of our affiliates or sub-contractors, which we may appoint.
12.1. These Terms shall inure to the benefit of and be binding upon each party’s successors and assigns.
13.2. Any failure to act by us with respect to a breach by you or others does not waive our right to act with respect to any breach by you or any third-parties.
14.1. By using the Website, Content and/or the Services and accepting these Terms, you agree that all agreements, notices, disclosures, emails and other communications sent by you or satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”. For the purposes of this paragraph, a “data message” means data generated sent, received or stored by electronic means.
14.2. You specifically agree that:
14.2.1. the agreement will be treated as if it was concluded at our physical address on the date and time at which you first made any use of the Website, Content and / or Services;
14.2.2. any data message sent by either you or us to the other will be deemed to have been sent from our physical address if neither your usual place of business nor residence is located within South Africa;
14.2.3. subject to the further provisions of these Terms, any communication sent to you by an information system programmed to operate automatically on our behalf will be a data message attributable to, or authorised by us; and
14.2.4. subject to the further provision of these Terms, a data message sent by you to us will only be treated as having been received by us when an acknowledgement of receipt is sent by us personally or a person who had authority to act on our behalf in respect of that data message.
15.1 The Electronic Communications and Transactions Act 25 of 2002 states that when goods or services are offered by way of electronic transactions, the seller must make certain information available to customers on websites where the goods or services are offered. This information is set out below:
15.2 Full name:
15.3 Registration Number:
15.4 Principal place of business and chosen address for receipt of legal processes:
15.5 Contact number: 072 736 0431
15.6 Office bearer (director) for the purposes of legal notices:
16.1 Any prices displayed on the Website are inclusive of Value Added Tax (VAT), unless otherwise stated.
16.2 Pricing is subject to change without notice and any pricing displayed on the Website will be updated following a change, as soon as is reasonably possible. We accept no liability for disputes of any nature whatsoever arising during the time period when new pricing takes effect and when such pricing is updated on the Website. In such instances, the new pricing shall be applicable.
17.1 For orders placed through our website, we accept payment by EFT (electronic fund transfer) or through our payment services provider, PayPal.
17.2 By initiating payments through PayPal, you are agreeing to tacitly agreeing to PayPal’s terms and conditions for providing their payment gateway service, which are independent from the terms and conditions contained herein. You are encouraged to consider PayPal’s terms and conditions, before initiating payment through their service, which can be found.
17.3 Invoices for orders placed online are available upon request.
18.1. If these Terms (or any contract governed by these Terms) or the Services provided and/or made available on the Website are regulated by or subject to the Consumer Protection Act 68 of 2008, as may be amended from time to time (the “Consumer Protection Act”), it is not intended that any provision of these Terms contravene any provision of the Consumer Protection Act. Therefore, all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure compliance with the provisions of the Consumer Protection Act.
18.2. No provision of these Terms (or any contract governed by these Terms):
18.2.1. does, or purports to, limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
18.2.2. requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
18.2.3. limits or excludes any warranties or obligations which are implied into these Terms (or any contract governed by these Terms) by the Consumer Protection Act (to the extent applicable) or which we give under the Consumer Protection Act (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.
18.3. Save instances mentioned herein to the contrary, we take responsibility for all aspects relating to a sales transaction, including the sale of goods and services sold through our Website, customer services and support, dispute resolution and delivery of goods.
19.1. These terms and the relationship between and you shall be governed and construed in accordance with South African law.
19.2. Any disputes arising in connection with these Terms and our Services shall be subject to the exclusive jurisdiction of the courts located in South Africa.
19.3. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
19.4. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision.
19.5. The termination of any contract created by these Terms will be without prejudice to any other rights or remedies that you or we may be entitled to under the agreement or at law, and will not affect any of our or your accrued rights or liabilities nor the coming into or continuance in force of any provision of these Terms which is expressly or by implication intended to come into or continue in force on or after such termination.
19.6. Our Website (and sales concomitant thereto), is currently only available to clients in South Africa. Please contact us to arrange sale and export of our products to another country.