TERMS AND CONDITIONS
This website at www.mysmartfoods.co.za (the "Site") is owned and operated by MySmart™ Foods (Pty) Ltd, a registered brand in South Africa, (hereinafter referred to as "we" or "us") and is provided for residents of South Africa, but open to public viewing internationally as well. This page sets out the Terms and Conditions under which you may use this Site (the "Terms"). Please read the Terms carefully. If you do not accept the Terms stated here, do not use this Site and service. By using this Site, you are indicating your acceptance to be bound by these Terms. The term "you" as used in these Terms refers to all individuals and/or entities accessing this Site for any reason.
- This Site displays information about the MySmart™ Foods range.
- Although we have taken reasonable care to ensure that this information is correct and up to date, we cannot check the accuracy of such information where it is provided to us by third parties.
- We accept no responsibility for information supplied to us by third parties. We recommend you confirm all information contained on or linked from the Site with a relevant provider.
PRODUCTS, RESTRICTIONS AND CONDITIONS
- Restrictions and conditions apply to all of the MySmart™ Foods products and services offered on this Site.
- To determine the applicable restrictions and conditions you must contact us or the relevant third party provider.
- MySmart™ Foods products do not intend to cure or prevent any form of illness or disease.
- As with all nutrition, vitamin and health related products, please consult your doctor or medical practitioner before purchasing or using any MySmart™ Foods products. MySmart™ Foods will not be held responsible for negligent use of products, or ignorance of label warnings, instructions and recommended dosage amounts.
- As part of continuous quality control and ongoing product development / improvement, product information may change over time and may not always agree with current labels during the transition period, although it will always be updated within a period of 1 month to ensure 100% accuracy, transparency and consistency.
- This Site for is for your personal and non-commercial use and purposes only. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute the material on the Site, or create any other material using material on the Site, without obtaining our prior written consent.
- Trademarks (whether registered or unregistered), branding, slogans and logos must not be used or modified in any way without obtaining our prior written consent.
- The Site, including trademarks, service-marks, business names, company names, logos, trade-names, products, technology and processes contained in this Site may be the subject of other intellectual property rights owned by us or by third parties. No license is granted in respect of those intellectual property rights other than as set out in these Terms. Your use of this Site must not in any way infringe the intellectual property rights of any person in any jurisdiction.
- You must only use this Site for lawful purposes and in a responsible and co-operative manner.
- Any breach of these Terms by you will result in legal action being taken by us against you.
- You must not:
• Use another's personal information, including name, or details without permission;
• Make any fraudulent, speculative or false enquiries;
• Use the Site while impersonating another person;
• Post or transmit to or via the Site any unlawful, threatening, defamatory, libelous, obscene, indecent, inflammatory or pornographic material or any material that could give rise to civil or criminal proceedings;
• Tamper with, hinder the operation of or make unauthorised modifications to the Site;
• Delete data from the Site without our permission;
• Knowingly transmit any virus or other disabling feature to the Site;
• Breach any third party's rights (including intellectual property rights and obligations of confidentiality owed to third parties) or infringe any laws in any jurisdiction in using this Site;
• Frame this Site as part of another site or cache this Site for commercial benefit;
• Commit any act that may amount to a criminal offence or civil breach of any other jurisdiction;
• Attempt to do any of the above acts; or
• Knowingly permit another person to do any of the above acts.
- Both we and our suppliers of nutrition and vitamin related products may disclose your personal information to others where directly connected with facilitating your requirements.
- At all times we retain the right to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
- We may disclose aggregated information about users and use statistics relating to the Site and aggregated information about our sales and trading patterns to others.
DISCLAIMERS AND LIMITATION OF LIABILITY
- You use this Site at your own risk.
- This site is provided by us on an "as is" basis. We do not warrant or represent that the content of this site is accurate, up-to-date or complete, or that it does not infringe the rights of any third parties. We make no representations or warranties of any kind with respect to the site, its contents or any of the products or services supplied through the site. To the maximum extent permitted by law, we disclaim all implied representations and warranties including, without limitation, implied warranties that the products and services offered and supplied through the site will be of merchantable quality, fit for any purpose or will comply with any descriptions on the site or samples.
- When using the MySmart™ Foods website, information will be transmitted over a medium which, in many cases, is beyond the control or jurisdiction of MySmart™ Foods. To the maximum extent permitted by law, we (including our officers, employees, shareholders or other representatives) are not liable for any loss or damage (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption), however caused (including negligence), which may be directly or indirectly suffered, in connection with your use of or inability to access this site or the purchase and use of any products and services supplied via this site. This limitation of liability (whether arising under contract, tort (including negligence) or statute) applies to all damages of any kind including compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property, personal injury and claims of third parties.
- In the event that our Site fails to operate or causes you any loss or damage, due to non-availability of information, we cannot be held accountable.
- Your access to and use of this Site is subject to factors beyond our control. We do not represent or warrant that this Site, the server that makes it available or any of the products or services supplied through this Site will be free of errors, viruses or defects or that the service will be uninterrupted or timely. Because of the nature of the Internet, we do not warrant that this Site will be secure, and we will not be liable for any disruptions to the Site.
- To the fullest extent permitted by law remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
- We may link our Site to other sites on the World Wide Web. We are not required to maintain or update these links. These links are provided for your convenience only. It does not mean that we have reviewed these sites or that we endorse them. We are not responsible for the content of other sites, even if we link to them and we are not recommending these sites or their products or services to you. Your use of third-party websites is at your own risk and subject to the terms and conditions of use of such sites.
- We make no warranties and accept no liability if you suffer any loss or damage in relation to material contained on external sites or using another's product or services.
Except as otherwise specified, we may amend these Terms at any time without notice to you by posting amended Terms on the Site. The amended Terms will take effect immediately when they are posted on the Site.
USE OF DISCUSSIONS
If you use a discussion, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the discussions. MySmart™ Foods is not responsible for the consequences of any communications in the discussions. In consideration of being allowed to use the discussions, you agree that the following actions shall constitute a material breach of these
Terms and Conditions:
- Using a discussion for any purpose in violation of local, state, national, or international laws
- Posting material that infringes on the intellectual property rights of others or on the privacy rights of others
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity
- Posting advertisements or solicitations of business
- After receiving a warning from MySmart™ Foods or its representatives, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed
- Posting chain letters or pyramid schemes
- Impersonating another person
- Distributing viruses or other harmful computer code
- Harvesting or otherwise collecting information about others, including email addresses, without their consent
- Allowing any other person or entity to use your identification for posting or viewing comments
- Posting the same note more than once or "spamming" or
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the MySmart™ Foods website, or which, in the sole discretion of MySmart™ Foods, exposes MySmart™ Foods or any of its customers or suppliers to any liability or detriment of any type.
At is sole discretion, MySmart™ Foods may, but is not obligated to, do any or all of the following:
- Record the dialogue in discussions
- Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s)
- Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions
- Terminate any user's access to any or all discussions and/or the MySmart™ Foods website upon breach of any of these conditions
- Monitor, edit, or disclose any communication in discussions
- Edit or delete any communication(s) posted on the MySmart™ Foods website, regardless of whether such communication(s) violate these standards.
MySmart™ Foods reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. MySmart™ Foods has no liability or responsibility to users of the MySmart™ Foods website or any other person or entity for performance or non-performance of the aforementioned activities.
We may terminate this agreement, your registration with or ability to access this Site and/or any other service provided to you by us and any other agreement between us, immediately if you breach any of these Terms.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended to be created between you and us by these Terms.
Except as required by law or otherwise specified by us, you must provide any notices to us using our email address - email@example.com . We will provide any notices to you by email to any email address provided by you. Notices will be taken to have been received 24 hours after the email is sent, unless the sending party receives notice that the address is invalid or that the email has not been received.
- If any dispute arises about this agreement or how this agreement applies or arising out of your use of this Site, the laws of South Africa will apply.
- You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of South Africa, and waive any right that you may have to object to an action being brought in those courts.
- If any of these Terms are invalid or unenforceable, it will be struck out, and the remaining Terms will remain in force.
- Headings are for reference purposes only.
- If we do not act in relation to a breach by you or others of these Terms, this does not waive our right to act with respect to subsequent or similar breaches.
- In these Terms, the term "Site" includes any email bulletins or other content that we provide to you via or initiated from this Site.
- Except as expressly provided in a particular "legal notice" on the MySmart™ Foods website, these Terms and Conditions constitutes the entire agreement between you and MySmart™ Foods with respect to the use of the MySmart™ Foods site and content. No amendments, variations or waiver of any of the terms contained herein will be of any force and effect unless reduced to in writing and agreed to by MySmart™ Foods.