Health Yourself (“the Company”) provides the information contained on this website (“website”) and advertises and sells the services to you (“the Customer”), subject to the terms and conditions set out herein (“the terms”).
By accessing and/or using the services offered via the website, the Customer agrees to be bound by the terms, as modified from time to time. The Company may at any time modify any of the terms and such modification will supersede and replace any previous terms.
2. Content of the Website
Whilst every effort is made to update the information provided on this website on a regular basis, the Company makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of any information, data and/or content on the website from time to time. The Company reserves the right at any time to change or discontinue any aspect or feature of the website and any information, data and/or content on the website without notice. The Company may modify or discontinue from time to time, whether permanently or temporarily, any or all of its services with or without any notice and shall not be liable to any party for any such modification or discontinuance of our services.
The Customer hereby agrees that all instructions, consents, orders and other communications which purport to originate from the Customer or a person who had authority to act on the Customer’s behalf to operate automatically (unless it is proved that such information system did not properly execute such programming) (collectively “the originator”) and which are sent to Health Yourself electronically and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the instructions actually sent or given, or may not have been given by the Customer at all, shall be deemed to have been given by the originator in the form actually received by Health Yourself and the Customer will be bound by such instruction with no liability of whatever nature attaching to Health Yourself in regard thereto.
The Customer waives any rights that the Customer may have or obtain against the Company arising directly or indirectly from any loss or damage of whatsoever nature which the Customer may suffer as a result of the fact that the Company acts on the Customer’s instructions/orders or instructions/orders purported to emanate from the Customer and the Customer indemnifies the Company against all and any claims, liabilities, losses, costs, fines, damages and expenses incurred (whether directly or indirectly) by the Customer, arising as a result of the fact that the Company has acted on the Customer’s instructions/orders or instructions/orders which purported to emanate from the Customer.
4. Privacy and Security
5. Intellectual Property Rights
Copyright and all intellectual property rights in all materials, texts, drawings and data made available on this website (collectively “the materials”) are owned by the Company alternatively, the Company is the lawful user thereof and are protected by both South African and international intellectual property laws. Accordingly, any unauthorized copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights.
6. Unlawful Use
The Customer shall not use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and the Customer hereby indemnifies the Company against any loss, liability, damage or expense of whatever nature which the Company or any third party may suffer which is caused by or attributable to, whether directly or indirectly, the Customer’s use of the website to send or post any message or material as aforesaid.
7. Use of the Website
The Company does not make any warranty or representation that information advertised on the website are appropriate for use in any jurisdiction. By accessing the website, the Customer warrants and represents to the Company that the Customer is legally entitled to do so and to make use of information made available via the website.
8. Advertisements and Promotions
Health Yourself runs advertisements and promotions from third parties on the website. The Customer’s correspondence or business dealings with, or participation in promotions of, advertisers other than Health Yourself found on or through the website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the Customer and such advertiser. Health Yourself is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Health Yourself advertisers on the website.
9. Content Provided Via Links
You may find links to other Internet sites or resources on the website. You acknowledge and agree that Health Yourself is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Health Yourself will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
11.1 The terms constitute the sole record of the agreement between the Customer and the Company in relation to the subject matter hereof. Neither the Customer nor the Company shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. These terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between the Customer and the Company in respect of the subject matter hereof.
11.2 The Company shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms.
11.3 Should the Company be prevented from fulfilling any of its obligations to the Customer as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as the Company is so prevented from fulfilling them and the Customer’s corresponding obligations shall be suspended to the corresponding extent. In the event that force majeure continues for more than fourteen days after it has first occurred then the Company shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these terms by giving notice to the Customer.
11.4 These terms shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law.
11.5 A certificate issued by an administrator of this website shall constitute prima facie proof of any fact related to this website, including but not limited to which version of the terms and conditions govern a particular dispute and what content was published or functionality was available on the website at a specific point in time.
11.6 The deeming provisions of the ECT Act are excluded to the extent that no message shall be deemed to have been received by us unless we acknowledge receipt thereof in writing.