Terms of service

TERMS & CONDITIONS
• 1. DEFINITIONS
The following words and phrases have these meanings in this Agreement:
o 1.1. "Agreement" means these Terms of Use.
o 1.2. "ECT Act" means the Electronic Communications and Transactions Act 25 of 2002.
o 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.
o 1.4. "Site" means Internet World Wide website at URL www.bhealthy.co.za or such other URL as We may indicate from time to time.
o 1.5. "Us", "We", or "Our" means Bhealthy cc a closed corporation registered in terms of the company laws of the Republic of South Africa with registration number 2008/187982/23.
o 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.
• 2. USE SUBJECTS TO THESE TERMS AND CONDITIONS
o 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.
o 2.2. If you do not agree to these terms and conditions, you must cease your access of this Site immediately.
o 2.3. These terms and conditions include Our Privacy Policy.
o 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.
• 3. TERMS AND CONDITIONS OF SALES
o 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.
o 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 place an order these Terms and Conditions form a legally binding agreement between you and Bhealthy.
o 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.
o 3.4. Payment
 3.4.1. Payment can be made via the site by
 3.4.1.1. Credit card
 3.4.1.2. Debit Order or Direct bank deposit or electronic bank transfer.
o 3.5. Cancellation, Refunds and Returns
 3.5.1. We normally process orders immediately, so We may not be able 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 1 month of purchase date provided it is still intact.
 3.5.3. We will refund purchase price of thereturn within 14 days of your email request. Payment will be done by EFT to your bank account.
o 3.6. Delivery
 3.6.1 Courier - Door to Door to all areas within South Africa. Email notification will be sent once goods are dispatched.
 3.6.2 Post Office deliveries are subject to the control of Post Office management
 3.6.3. Certain outlying areas (e.g. remote Transkei) are only serviced with a weekly deliveries.
 3.6.4. Any delivery is subject to acts which is beyond the control of Natural Prescriptions CC 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.
o 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.
o 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.
o 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.
• 4. NO PROFESSIONAL ADVICE OR MEDICAL INFORMATION
o 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.
o 4.2. Some parts of the Site may allow you to submit questions. Although we provide information or recommendations about our products through the Site, our employees are not able to provide medical advice.
o 4.3. Consult your healthcare provider if you have a health related querie 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.
o 4.4. Our products are not intended to diagnose, treat, cure or prevent any disease.
• 5. INTELLECTUAL PROPERTY
o 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.
• 6. LINKING, FRAMING AND CRAWLING
o 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 bhealthy.cape@gmail.com.
o 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.
o 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 bhealthy.cape@gmail.com
o 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.
• 7. ACCEPTABLE USE
o 7.1. Prohibitions. You agree and acknowledge that You will not use the Site in any unlawful manner or in a manner not approved by Terms of Use.
• 8. SECURITY
o 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.
o 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.
• 9. PERSONAL INFORMATION
o 9.1. Further information regarding the manner in which we respect the privacy of your personal information is contained in the Privacy Policy.
• 10. DISCALIMER AND INDEMNITY
o 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 ad indirect loss or damage will include but not be limited to loss of profit, loss of goodwill, and wasted expenditure.
o 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 the your use of or access to this site and the use of the products ordered from this site.
• 11. OWNER INFORMATION
o 11.1. The following are the details of the Website owner.
Website owner: Bhealthy cc
Registered Address: Sanctuary Centre, R44 & De Beers Ave, Somerset West, Western Cape , South Africa.
Tel: 021-887344
o Email: bhealthy.cape@gmail.com
• 12. MONITORING AND INTERCEPTION OF DATA MESSAGES
o 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.
• 13. RECEIPT OF DATA MESSAGES
o 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.
o 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.
o 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.
o 13.4. You agree that data messages sent to this Site will not be regarded as confidential unless otherwise agreed.
• 14. DISPUTES
o 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.
o 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.
• 15. INTERPRETATION & GENERAL
o 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.
o 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.
o 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.
o 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.
o 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.
o 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.
o 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.
WEBSITE PRIVACY POLICY
THIS PRIVACY POLICY FORMS PART OF OUR WEBSITE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY TERM OF THIS PRIVACY POLICY, YOU MUST CEASE YOUR ACCESS OF THIS WEBSITE IMMEDIATELY.