Terms and Conditions
IT IS IMPORTANT TO NOTE THAT THE USE OF THIS WEBSITE IS SUBJECT TO THE TERMS AND CONDITIONS OF USE SET OUT BELOW. BY USING THIS SITE YOU AGREE TO OBSERVE ALL TERMS & CONDITIONS OF USE, INCLUDING ANY PRIVACY OR OTHER POLICIES WHICH MAY APPEAR ELSEWHERE ON THIS WEBSITE.
The following words and phrases have these meanings in this Agreement:
1.2. “ECT Act” means the Electronic Communications and Transactions Act 25 of 2002.
1.3. “Intellectual Property Rights” means copyright, patents, registered designs, trademarks (whether registered or not) , trade secrets, database rights, design rights, service marks and other intellectual property rights and rights to claim something as confidential information, including in other jurisdictions that grant similar rights.
1.4. “Site” means Internet World Wide website at URL www.hairgenx.co.za or such other URL as We may indicate from time to time.
1.5. “Us”, “We”, or “Our” means Wings Herbal CC (WHS), a close corporation incorporated in terms of the company laws of the Republic of South Africa with registration number 1996.011967/23/, and also includes reference to our holding company and its subsidiaries.
1.6. “You” or “Your” refers to you, or your employer or any other entity that you have full legal authority to bind and may be accepting this Agreement on behalf of.
USE SUBJECTS TO THESE TERMS AND CONDITIONS
2.1. Your use of and access to this Site is at all times governed by the terms of these terms and conditions, and by accessing this Site you agree to adhere to these terms. Your agreement to these terms and conditions will be deemed to have been given on the date when you first accessed this Site.
2.2. If you do not agree to these terms and conditions, you must cease your access of this Site immediately.
2.4. Please note that, due to legal and other developments, We may be required to amend these terms and conditions from time to time without notice. It is your duty to remain appraised of the current version of these terms and conditions. Please refer to the last revision number and date at the top of this document. Continued use of the Site subsequent to any amendments having been affected constitutes your acceptance of the terms and conditions as amended.
TERMS AND CONDITIONS OF SALES
3.1. No offer
3.1.1. You should regard nothing contained in this Site as an offer but as an invitation to do business.
3.2. Sale of Products
3.2.1. These Terms and Conditions of Sales govern the sale of products by Us to you via the Site. The Terms and Conditions of Sales are in addition to the terms and conditions of use of the Site.
3.2.2. Once you tick the box labelled “I accept “, these Terms and Conditions form a legally binding agreement between you and WHS.
3.3. Promotions and Special Offers
3.3.1. Advertised offers may not be combined with any other coupon code or discount. Promotions are subject to change or discontinuation without notice. We will, however, honour properly placed orders paid for with valid methods of payment or sufficient funds prior to such change or discontinuation.
3.4.1. Payment can be made via the site via Pay Fast or Snapscan
3.5. Cancellation, Refunds and Returns
3.5.1. We process orders immediately, so we are unable to cancel or make changes to your order once we receive it.
3.5.2. If there are any issues with your order upon receipt or you are not satisfied with one of our products you can return it within 7 days of purchase date after completion of ‘Refund Request “form .This form can be requested from firstname.lastname@example.org or 021 422 5448 .
3.5.3. We will refund purchase price of the product excluding delivery fees within 7 days of accepting your ‘Refund Request “form .Payment will be done by EFT to your bank account.
3.5.4. If the products have been approved for return, we will notify you and either arrange for our couriers to collect item from you or request that you courier it back to us.
3.6.1. Courier – Door to Door
R 100.00 to all areas within South Africa.
Allow 2-5 working days for delivery
3.6.2. Any delivery is subject to acts which is beyond the control of WHS due to force majeure including but not limited to inability to secure labour, power, internet services, GSM network connectivity, materials or suppliers, or by any act of civil disturbances, riot, strike, or other labour disputes, fire, flood, drought or legislation.
3.7. Removal of Product
3.7.1. All products may be removed at any time by Us at Our own discretion from the Site.
3.8. Use at Own Risk
3.8.1. Any use of or reliance on this Site, the contents of this Site or the information provided through this Site will be at your sole risk. We make no representations or warranties whatsoever as to the accuracy of the information contained in this Site.
3.9. No Warranty on Availability
3.9.1. We do not warrant that this Site or the delivery, hosting and ancillary services or facilities of third party suppliers utilised by Us will continue to operate, will operate without interruptions or will be error-free or that it will be free of any software virus or other harmful component. You will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data caused as a result of any use of this Site.
NO PROFESSIONAL ADVICE OR MEDICAL INFORMATION
4.1. This Site does not provide medical advice, diagnosis or treatment .The information included on this Site is for informational purposes only. You should not use this information for diagnosis or treatment of any health problems or in place of any medication or other treatment prescribed by your healthcare provider.
4.2. Some parts of the Site may allow you to submit questions .Although we provide information about our products through the Site, our employees are not authorised to provide medical advice
4.3. Consult your healthcare provider if you have a health related queries before using any of our products or relying on any information you obtain on this Site .You should discuss any medication or nutritional supplements you are using with your health care provider before using any new medication or supplements.
4.4. Our products are not intended to diagnose, treat, cure or prevent any disease.
5.1. Reservation of Rights. Except where expressly stated to the contrary, copyright in the HTML, text, graphics, audio clips, video clips, source and / or object code and all other works contained in this Site is owned by Us, and We assert and reserve all of our rights in this regard. Access to or use of this Site will not in any way result in an assignment or license of any intellectual property owned by Us or any other party.
LINKING , FRAMING AND CRAWLING
6.1. Hyperlinking Restricted. Our express written permission is required before any hyperlink other than to the Home Page of this Site is created. Permission, if granted, will be subject to the condition that the party linking to this Site alerts users to the application of these terms and conditions. Requests for permission can be emailed to email@example.com
6.2. Permission to link to this Site is given without assumption of any liability. We reserve the right to withdraw permission granted to link to this Site at any time and for any reason.
6.3. Framing Restricted. Our express written permission, which may be subject to conditions, is required before this Site, any of its pages and/or any of the information contained on the Site is framed. Requests for permission can be emailed to firstname.lastname@example.org .
6.4. Automated Searches Restricted. Apart from bona-fide search engine operators and use of the search facility provided on the Site for 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 Site for any purpose without Our prior written consent.
8.1. We will pursue prosecution of and compensation from any person who delivers or attempts to deliver any destructive code to this Site or attempts to gain unauthorized access to any page on this Site.
8.2. While We take all reasonable security precautions, no liability will lie for damage caused by the malicious use of this Site or by destructive data or code that is passed on to you through the use of this Site.
DISCALIMER AND INDEMNITY
10.1. DISCLAIMER. We expressly disclaim all liabilities for any direct , indirect or consequential loss or damage occasioned from the use or inability to use this site and the products whether directly or indirectly resulting from inaccuracies , defects , errors , whether typographical or otherwise , omissions , out of date information or otherwise .Consequential and indirect loss or damage will include but not be limited to loss of profit , loss of goodwill, and wasted expenditure .
10.2. INDEMNITY. You agree to indemnity and hold us , our servants, subcontractors , subsidiaries and affiliates harmless from any demand , action or application or other proceedings , including for attorney’s fees and related costs such as tracing fees, made by any third party and arising out of or in connection with your use of or access to this site and the use of the products ordered from this site .
MONITORING AND INTERCEPTION OF DATA MESSAGES
12.1. In order to provide a relevant, efficient and secure service, and where required and permitted to do so under law, We may monitor and/or intercept electronic communications such as e-mail which are sent to this Site. To the full extent necessary under law You hereby acknowledge that You are aware of such potential monitoring and/or interception and consents thereto.
RECEIPT OF DATA MESSAGES
13.1. Data messages, including e-mail messages, sent by You to the Us will be deemed to be received only when acknowledged or responded to.
13.2. A data message sent by Us to You will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
13.3. We reserve the right not to respond to any e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take the appropriate action against the sender of such e-mail where necessary.
13.4. You agree that data messages sent to this Site will not be regarded as confidential unless otherwise agreed.
14.1. Arbitration. Any dispute between the parties arising out of or in connection with Your visit to the Site or from this Agreement must be submitted to confidential arbitration. Such arbitration will be held in Cape Town (South Africa), subject to the arbitral law of South Africa. The parties consent to the sole jurisdiction of the High Court of South Africa in adjudicating disputes arising from or connected with the arbitration. The Arbitration Foundation of South Africa will act as the appointing authority.
14.2. Urgent Relief. The aforegoing will not restrict Our right to apply to a competent court for relief should its intellectual property rights be violated or threatened, and the parties consent to the jurisdiction of the Cape Division of the High Court of South Africa for such purposes.
INTERPRETATION & GENERAL
15.1. Whole Agreement. This Agreement is the whole of the agreement between the parties, and no document or statement not mentioned above will form part of it. Only a written variation, waiver or cancellation agreed to by both parties will be of any effect.
15.2. Applicable Law & Jurisdiction. The law of the Republic of South Africa will apply to this Agreement, its interpretation and any matter or litigation relating to or arising from it, and the parties consent to the jurisdiction of the courts of Republic of South Africa in this regard.
15.3. Survival. For the avoidance of doubt, any provision of this Agreement that anticipates any right or duty extending beyond the termination or expiry of this Agreement will survive the termination or expiry of this Agreement and continue in full force and effect.
15.4. No Indulgence. If one party chooses not to enforce any part of this Agreement, that does not mean that the party cannot enforce that part at a later time. If any part of the Agreement is found to be unenforceable, the rest will still be enforceable.
15.5. Representatives. The signatories hereto acting in representative capacities warrant that they are authorised to act in such capacities, and accept personal liability under this Agreement should they prove not to be so authorised.
15.6. Severance. In the event that any part of this Agreement is found to be partially or fully unenforceable for any reason, this will not affect the application or enforceability of the remainder of this Agreement.
15.7. Notwithstanding the fact that hyperlinks in these terms and conditions to certain documents should be deemed part of these terms and conditions in terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002, the fact that some or all of the hyperlinks may be non-operational, will not play a role in determination of the validity and interpretation of these terms and conditions.
The following words and phrases have these meanings in this document:
1.1. “Personal Information” is as defined in the Promotion of Access to Information Act 2 of 2000, available from http://www.info.gov.za/view/DownloadFileAction?id=68186.
1.2. “Process” in relation to Personal Information means to collect, organise, store, modify, retrieve, refer to, disseminate, or erase, or otherwise as defined in national legislation of general application dealing primarily with the protection of Personal Information.
1.3. “Us”, “We”, or “Our” means Wings Herbal Synergy CC, a close corporation incorporated in terms of the company laws of the Republic of South Africa with registration number 1996/011967/23, and also includes reference to our holding company and its subsidiaries.
1.4. “Website” means Internet World Wide website at URL www.hairgenx.co.za. & www.hairgenx.co.za.
1.5. “You” or the “user” means any person who accesses this Website for any purpose.
STATUS AND AMENDMENTS
COLLECTION AND PROCESSING OF PERSONAL INFORMATION
3.1. Where You submit Personal Information via the Website the following principles are observed in the handling of that information:
3.1.1. We will only collect Personal Information for a purpose consistent with the purpose for which it is required. The specific purpose for which information is collected will be apparent from the context in which it is requested.
3.1.2. We will only Process Personal Information in a manner that is adequate, relevant and not excessive in the context of the purpose for which it is Processed.
3.1.3. Personal Information will only be Processed for a purpose compatible with that for which it was collected, unless you have agreed to an alternative purpose in writing or We are permitted in terms of national legislation of general application dealing primarily with the protection of Personal Information.
3.1.4. We will keep records of all Personal Information collected and the specific purpose for which it was collected for a period of 1 (one) year from the date on which it was last used.
3.1.5. We will not disclose any Personal Information relating to you any third party unless your prior written agreement is obtained or We are required to do so by law.
3.1.6. If Personal Information is released with your consent We will retain a record of the information released, the third party to which it was released, the reason for the release and the date of release, for a period of 1 (one) year from the date on which it was last used.
3.1.7. We will destroy or delete any Personal Information which that is no longer needed by Us for the purpose it was initially collected, or subsequently Processed.
3.2. Note that, as permitted by the Electronic Communications and Transactions Act 25 of 2002, We may use Personal Information collected to compile profiles for statistical purposes. No information contained in the profiles or statistics will be able to be linked to any specific user.
SPECIFIC INFORMATION COLLECTED & PROCESSED
4.1. Information gathered when You register or visit the Website may include Your member name and password, name, postal address, email address, internet protocol address and phone number.
4.2. Information gathered when You make a purchase includes Your credit card number and billing address. This information is processed through a secure connection.
4.3. We will not, in any way, disclose or sell any of the Personal Information provided by You to a third party not affiliated with Us although We may use the information within Our company.
4.4. We will use Your Personal Information to provide You with customer service and in order to communicate with You regarding Your purchases and products or services from Us which might be of interest for You. If You do not wish to receive marketing information, You may at any time change Your preferences in Your Profile Settings.
4.5. We may disclose Your Personal Information to third party service providers who perform services on Our behalf.
4.5.1. We may hire other companies to process payment, store data, host the website and the like, and these third party service providers will be permitted to obtain only the Personal Information they need to provide the service and must protect Your Personal Information to the same extent as We do.
4.5.2. We reserve the right to disclose Your Personal Information if required or permitted to do so by law.
COLLECTION OF ANONYMOUS DATA
5.1. We may use standard technology to collect information about the use of this Website. This technology is not able to identify individual users but simply allows Us to collect statistics.
5.2. We may utilise temporary or session cookies to keep track of users’ browsing habits. A cookie is a small file that is placed on your hard drive in order to keep a record of your interaction with this Website and facilitate user convenience.
5.2.1. Cookies by themselves will not be used to personally identify users but may be used to compile de-identified statistics relating to use of services offered or to provide Us with feedback on the performance of this Website.
5.2.2. The following classes of information may be collected in respect of users who have enabled cookies:
126.96.36.199. The browser software used;
188.8.131.52. IP address;
184.108.40.206. Date and time of activities while visiting the Website;
220.127.116.11. URLs of internal pages visited; and
5.3. If you do not wish cookies to be employed to customize your interaction with this Website it is possible to alter the manner in which your browser handles cookies. Please note that, if this is done, certain services on this Website may not be available.
6.1. We take reasonable measures to ensure the security and integrity of information submitted to or collected by this Website, but cannot under any circumstances be held liable for any loss or other damage sustained by you as a result of unlawful access to or dissemination of any Personal Information by a third party.
LINKS TO OTHER WEBSITES
- This message and any accompanying attachment(s) may contain confidential and copyrighted information. If you are not the addressee(s) indicated in this message or responsible for delivery of the message to the addressee(s), do not copy or deliver this message or the attachments to any other person including the intended recipient. Please destroy this message and notify WHS CC (“Hairgenx™”) if this is the case.
- Any comments and statements contained within this message should be seen as opinions only and not statements of fact. Hairgenx™ will not accept liability for any loss suffered as a result of relying on this message unless the message indicates that the information is subject to an express warranty and has been authenticated by a digital signature capable of verifying the integrity of the message.
- An e-mail is deemed to have been sent as soon as it is reflected in our service provider’s mail server logs and is deemed to be received once we have either sent a delivery receipt or confirmed receipt by way of e-mail.
- Hairgenx™ takes all reasonable steps to ensure that this e-mail message is free from destructive code (such as viruses) but cannot guarantee the message is free from destructive code and so cannot be held liable for any loss or damage due to destructive code. Please inform us as soon as possible should you become aware of any destructive code that originated from this e-mail.
- Hairgenx™ may monitor e-mails in an attempt to ensure the quality of communications as well as for purposes of investigating or detecting the unauthorised use of the e-mail system. Please do not communicate via this e-mail system if you do not wish for your communications to be subjected to such scrutiny.