Terms and Conditions



TERMS AND CONDITIONS OF USE

 
Definitions
 
1.         The following terms will be assigned the following meanings when used in these terms and conditions:
 
1.1            “The Service Provider” and/or “we” means The Lifestyle Wellness Group
 
1.2            “user” means any person accessing any part of the website, including the home page;
 
1.3            “consumer” means any person (including juristic persons, partnerships and trusts) who enters or intends entering into an electronic transaction with this website as the user of the goods and/or services offered by this site;
 
1.4            "this website" means www.virginiachepete.com and all content found therein, including but not limited to any text, images, computer programs, software code, metadata, databases, graphic design elements and all other materials accessible through the site, excluding links to external third party websites;
 
1.5            "Intellectual Property Rights" means all patents, trademarks, designs, trade or business names, trade secrets, know-how, and copyright or any changes or additions thereto (if any), whether or not registerable, registered or application for registration of any such rights has been made in any country;
 
1.6            “ECT Act” means the Electronic Communications and Transactions Act 25 of 2002;
 
1.7            “party/ies” means the Service Provider and the user, or any one of them as the context indicates; 
 
2.         The clause headings in these terms and conditions have been inserted for purposes of convenience only and will not be taken into consideration in its interpretation;
 
3.         Any reference to:
 
3.1            the singular includes the plural and vice versa;
 
3.2            any gender includes the other genders; and
 
3.3            a natural person includes a juristic person and vice versa.
 
4.         The rule of construction that a contract shall be interpreted against the party responsible for the drafting or preparation of the contract shall not apply to these terms and conditions and the parties waive any rights they have to rely on such rules.
 
5.         Any reference to "days" means calendar days, and any time period prescribed in these terms and conditions will be calculated by excluding the first and including the last day of that period.
 
6.         The word "including" means "including without limitation". The use of the word "including" followed by a specific example/s will not be construed as limiting the meaning of the general wording preceding it.
 
 
Binding agreement
 
7.         BY ACCESSING AND USING THIS WEBSITE, THE USER AGREES TO AND IS DEEMED TO HAVE ACCEPTED ALL THE TERMS AND CONDITIONS CONTAINED HEREIN, INCLUDING ANY PRIVACY OR OTHER POLICIES WHICH MAY BE PUBLISHED ON THIS WEBSITE FROM TIME TO TIME.
 
8.         IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE, YOU MUST LEAVE THIS WEBSITE IMMEDIATELY AS YOUR CONTINUED ACCESS AND USE OF THE WEBSITE WILL BE INFERRED TO BE A STATEMENT OF YOUR INTENT TO BE BOUND BY THESE TERMS AND CONDITIONS AS PER SECTION 24 OF THE ECT ACT. 
 
9.         Should these terms and conditions not be accessible from any link provided on this website, a copy may be requested by contacting the Service Provider 021 876 3955 or james@lwg.co.za
 
 
Registration
 
10.      When registering to use this website, users agree that:
 
10.1          they will provide full and accurate information when required, including a username and password;
 
10.2          registration is for a single user and a user’s username and password cannot be shared with any other person or be used to allow multiple access to other users over a network;
 
10.3          they will not impersonate or attempt to impersonate any other person or use any false names or details when registering; and
 
11.      Upon registration, the user hereby consents to the sending of regular auto-response emails containing useful and relevant information relating to the services of the Service Provider. The user can unsubscribe at any time by clicking on the unsubscribe link provided at the bottom of such emails. As soon as a user has unsubscribed, he/she will be removed from the relevant database.
 
  
Acceptable use of this website
 
 
12.      Users agree that they will not utilise this website or any service provided on or through it to:
 
12.1          upload, post or otherwise transmit any content that is unlawful, harmful, abusive, defamatory, obscene or otherwise objectionable;
 
12.2          upload, post or otherwise transmit any content that constitutes harassment or hate speech, or which is invasive of the privacy of another;
 
12.3          impersonate any person connected to this website or any service provided on it or otherwise misrepresent their association with any such person;
 
12.4          take any steps to disguise the origin of any communications or content;
 
12.5          take any steps to restrict access to any part of this website;
 
12.6          upload, post or otherwise transmit any content that infringes the intellectual property rights of a third party or which the member is restricted from uploading, posting or otherwise transmitting by operation of law, contract or duty of care;
 
12.7          use this website or any service provided on it to engage in any unsolicited, unlawful or unauthorised marketing, advertising or promotional activities, including but not limited to the harvesting of addresses and the sending of spam and chain letters;
 
12.8          upload, post or otherwise transmit any content that contains any malicious code which is designed to or will have the effect of disrupting in any way and to any degree the operation of this web site or any service provided on it, and of any software, hardware or electronic communications equipment on which it relies for its operation;
 
12.9          collect and / or store data on any other user or users;
 
12.10       engage in any commercial activity on or through the website without the prior written consent of the Service Provider.
 
 
No offer
 
13.      Users should regard nothing contained in this website as an offer,but rather as an invitation to do business.
 
14.      Users may submit an offer to the goods or services displayed on this website by using the shopping cart technology and payment system provided. Offers to purchase goods and services displayed on this website by the user will only become a binding and enforceable contract when they have been accepted by the Service Provider and such acceptance has been communicated to the user, either electronically or otherwise in writing.    
 
15.      The Service Provider reserves the right, in its sole discretion, to amend or alter any prices and/or other product information contained in this website. The user acknowledges that it is their responsibility to familiarise themselves with any amendments or alterations made before they submit any offer to purchase the goods or services displayed on this website.
 
 
User’s consumer rights under the ECT Act
 
16.      The purchase and sale of any goods or services displayed on this website may be classified as “an electronic transaction” for the purposes of the ECT Act. Users, who are consumers for the purposes of Chapter 7 of the ECT Act, enjoy certain rights in relation to such transactions which are set out below.
 
17.      The Service Provider is required in terms of section 43 of the ECT to provide users with the following information:
 
17.1       Website owner:  The Lifestyle Wellness Group
17.2       Legal status: Closed Corporation
17.3       Registration Number: 2008/030477/23
17.4       Members: Jean Thompson, Chris Thompson
17.5       Description of main business: Independent Herbalife Distributors
17.6       Telephone number: 021 876 3955
17.7       Facsimile number: 021 876 3866
17.8       E-mail address: jean@lwg.co.za
17.9       Website address: www.lwg.co.za
17.10    Physical Address: Lilford Farm 1/1078 Dirkie Uys Street, Franschhoek, Cape Town 7690
17.11    Postal Address: PO BOX 78 Franschhoek, 7690
17.12    Registered Address: 61 Dirkie Uys Street, Franschhoek, Cape Town 7690
17.13    VAT Number: 480 014 8747
17.14    Membership of any self regulatory or accreditation bodies:         n/a
17.15    Applicable code/s of conduct: Direct Selling Association of South Africa
 
18.      Users will be provided with a sufficient description of the main characteristics of any goods or services displayed on this website to enable them to make an informed decision before offering to purchase any such goods and services. Should users require any further information in this regard, they are requested to contact the Service Provider using any of the contact details set out in clause 16 above.
 
19.      Details of the full price of the goods or services, including transport costs, taxes and any other or costs are provided in relation to the goods or services displayed on this website.
 
20.      While the Service Provider takes reasonable steps to ensure that the descriptions and pricing information contained in this website in relation to goods or services displayed is accurate and correct, it will not be bound by any inadvertent and obvious errors, or where any such information has been altered, defaced, removed, or obscured by any unauthorised person/s.
 
21.      The Service Provider offers no guarantees or warranties of any kind except as required by law in relation to any goods or services displayed on this website.
 
22.      The Service Provider will execute any orders placed by the user within 30 (thirty) days unless agreed otherwise between the parties. If the Service Provider is unable to execute any order placed and/or perform any of its further obligations in terms of any electronic transaction concluded with a user, the Service Provider will immediately notify the user and refund any payments already received from the user within 30 (thirty) days of such notification. 
 
23.      In terms of section 44 of the ECT Act, the user has the right to cancel any electronic transaction entered into with the Service Provider within 7 (seven) days of receipt of the relevant goods or services under such transaction. Where a transaction has been so cancelled then:
 
23.1       The user must return any goods purchased and/or immediately cease using any services being performed by or on behalf of the Service Provider; and
 
23.2       The Service Provider must refund all payments made by the user, less the direct cost of returning any the goods, if any, within 30 (thirty) days of the date of cancellation.
 
24.      This website does not store any credit card information submitted by users.
 
 
Disclaimers
 
25.      THIS ENTIRE WEBSITE, INCLUDING TEXT, IMAGES, LINKS, DOWNLOADS AND CODING, IS PROVIDED "AS IS" AND "AS AVAILABLE". THE SERVICE PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO THE CORRECTNESS OR SUITABILITY OF EITHER THE WEBSITE OR THE INFORMATION CONTAINED IN IT.
 
26.      USERS AGREE THAT THEIR ACCESS TO AND USE OF THIS WEBSITE, INCLUDING THE DOWNLOADING OF ANY MATERIAL FROM THIS WEBSITE, IS AT THEIR OWN RISK AND THAT THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY INFORMATION SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACCESS AND USE.
 
 
Limitation of liability
 
27.      THE SERVICE PROVIDER, ITS MEMBERS, OFFICERS, EMPLOYEES, SUPPLIERS, ISPS, PARTNERS, AFFILIATES AND AGENTS, SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR LIABILITY, HOWSOEVER ARISING, INCURRED BY USERS OR ANY OTHER PERSONS, INCLUDING BUT NOT LIMITED TO DIRECT, ECONOMIC, CONSEQUENTIAL LOSS OR LOSS OF PROFITS, RESULTING FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE IN ANY MANNER.
 
28.      THE SERVICE PROVIDER HAS NO CONTROL OVER THE ACCURACY, CORRECTNESS OR LAWFULNESS OF ANY CONTENT SUBMITTED TO THIS WEBSITE BY THIRD PARTIES AND DOES NOT EXAMINE OR EDIT SAME. AS SUCH, THE SERVICE PROVIDER DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OF ANY THIRD PARTY CONTENTS, INCLUDING ANY LINKS PROVIDED TO THIRD PARTY WEBSITES.
 
 
Take down notifications
 
29.      Users who become aware of any infringing activity or content connected to or with this website are requested to submit written notification of such unlawful activity or content to the Service Provider at james@lwg.co.za 
 
30.      Such written notifications must be signed by the user and include the following:
 
30.1          the user’s full names, physical address, telephone number and email address;
 
30.2          identification of the right that has allegedly been infringed;
 
30.3          identification of the material or activity that is claimed to be the subject of the complaint;
 
30.4          the remedial action required to be taken by the Service Provider in respect of the complaint;
 
30.5          a statement that the user is acting in good faith;
 
30.6          a statement by the user that the information in the notification is to his or her knowledge true and correct;
 
31.      Should a user knowingly and materially misrepresent the facts in any notification, they will be liable for damages for wrongful take-down.
 
32.      The Service Provider will not be liable for any damages for wrongful take-down.
   
 
Indemnity
 
33.      USERS AGREE TO INDEMNIFY AND HOLD HARMLESS THE SERVICE PROVIDER, ITS MEMBERS, OFFICERS, EMPLOYEES, ISPs, SERVANTS, SUBCONTRACTORS, PARTNERS, SUBSIDIARIES AND AFFILIATES FROM ANY DEMAND, ACTION OR APPLICATION OR OTHER PROCEEDINGS, INCLUDING FOR ATTORNEYS FEES AND RELATED COSTS MADE BY ANY THIRD PARTY AND ARISING OUT OF OR IN CONNECTION WITH THE USERS USE OF THIS WEBSITE, THIRD PARTY WEBSITES OR ANY OF THE CONTENT OFFERED THROUGH SUCH SITES IN ANY WAY.
 
 
Security and monitoring
 
34.      WHILE THE SERVICE PROVIDER TAKES ALL REASONABLE SECURITY PRECAUTIONS TO PROTECT THE ACCESSIBILITY AND INTEGRITY OF THIS WEBSITE AND ALL CONTENT CONTAINED THEREIN, THE SERVICE PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGE CAUSED BY THE MALICIOUS USE OF THIS WEBSITE OR BY THE INTRODUCTION OR DOWNLOADING OF ANY HARMFUL OR DESTRUCTIVE DATA OR CODE THAT IS PASSED ON TO THE USER THROUGH THEIR USE OF THIS WEBSITE.
 
35.      All activity on the website is logged by or on behalf of the Service Provider and linked to a user’s IP address. The user hereby expressly consents to the Service Provider using the logged information in order to build a profile of the user for the purpose of improving the quality of service provided to the user.
 
36.      The following acts in connection with this website are expressly prohibited and will constitute a criminal offence under South African law:
 
36.1          Gaining or attempting to gain unauthorised access to this website or any part thereof;
 
36.2          Intercepting or attempting to intercept any data contained in or transmitted to or from this website without authority or permission to do so;
 
36.3          Interfering or attempting to interfere with any data contained in or transmitted to or from this website without authority or permission to do so;
 
36.4          Using or attempting to use any device, including a computer program or a component designed primarily to overcome any security measures for the protection of data, to overcome any security measures used by the Service Provider in relation to this website;
 
36.5          Interfering with the access of others to this website which constitutes a denial, or partial denial of service to such persons;
 
36.6          Delivering or attempting to deliver any unauthorised or malicious code or content to this website; and/or
 
37.      There is no general obligation on the Service Provider tomonitor any data which is transmitted or stored via this website or toactively seek facts or circumstances which may indicate any unlawful activity. However, in order to provide a relevant and secure service and where required to do so under law, the Service Provider may monitor and/or intercept electronic communications which are sent and received by this website from time to time.
 
38.      The user hereby acknowledges that they are aware of such potential monitoring and/or interception and they expressly and voluntarily consent thereto.
 
 
Intellectual Property Rights
 
39.      The Intellectual Property Rights in this website, including all information, images and other original material contained in this website is held by or licensed to the Service Provider.
 
40.      The Service Provider grants to users a personal, non-exclusive, non-assignable and non-transferable license to use, copy, download, print and display all content and information on any machine of which the user is the primary user for personal and non-commercial purposes only.
 
41.      Users wishing to use any content from this website for their own commercial purposes may only do so with the prior written permission of the Service Provider. Requests for commercial use may be submitted by james@lwg.co.za It will be in the Service Provider’s sole discretion to grant or refuse such permission, and/or to make such commercial use subject to any further terms and conditions that it deems fit.
 
42.      Any use of content from this web site must be clearly accompanied by the following notice: “© [insert name of service provider and the year in which content is copied]. All rights reserved.”
 
43.      If you believe that this site in any way infringes the intellectual property rights of any person, please contact us at james@lwg.co.za specifying the full details of the alleged infringement.
 
 
Privacy and Confidentiality of communications
 
44.      The Service Provider respects the privacy of users’ personal information. Further information in this regard is contained in its Privacy Policy http://www.virginiachepete.com/Retail/RetailPrivacy.aspx
  
 
Advertising and sponsorship
 
45.      This website may contain third party advertising from time to time. Advertisers are responsible for ensuring that material submitted for inclusion in this web site complies with all applicable laws and regulations.
 
46.      The Service Provider will not be responsible or be liable for any error or inaccuracy appearing in any advert which appears on this website.
 
 
Search technology
 
47.      The Service Provider provides search functionality on this website. However, the Service Provider does not warrant that such functionality will always be suitable, available and/or accurate, and it does not accept liability for any inconvenience, loss or harm that may be caused to any party as a result of the search functionality of the website not being suitable, available and/or accurate.
 
48.      No technology or applications may be used to perform automated searches of this website and its content, including the use of web crawlers or web spiders, without the express, prior written permission from the Service Provider, unless used for the performance of its services by a legitimate search engine operator.
 
49.      The use of search technology in an unlawful manner, or for the collecting or harvesting of data for commercial gain, or which obstructs the efficient operation of this website is strictly prohibited.
  
 
Hyperlinks, deep links & framing
 
50.      Permission to link to this website is given without assumption of any liability on the part of the Service Provider. The Service Provider reserves the right to withdraw such permission at any time and for any reason.
 
51.      Hyperlinks, whether in the form of text, images or banner advertising, contained in this website and directed towards other websites are provided without any warranties or endorsements as to the content, suitability, accuracy or security of the website linked to. This website does not control and/or edit the content of the other websites or pages linked to, and the Service Provider disclaims all liability, direct or indirect, which may arise from the use or inability to use a link or a linked-to website. Use of the websites or pages linked to is exclusively at the risk of the user.
 
52.      Express, prior written permission from the Service Provider, which may be subject to any further terms and conditions that it deems fit, is required before this website, any of its pages and/or any of the content contained therein is framed. Requests for permission can be submitted to james@lwg.co.za.
 
  
Termination of this agreement
 
52.1   The Service Provider reserves the right, in its sole and absolute discretion and without prior notification, to terminate access to and use of this website by any user for any action or inaction by a user which constitutes a breach of these terms and conditions of use, or as a result of events beyond the reasonable control of the Service Provider, including technical failures, or for any other valid reason in law. 
 
 
Applicable law and jurisdiction
 
53.      The user hereby agrees that the law applicable to these terms and conditions of use, their interpretation, and any matter or litigation in connection therewith or arising from them will be the law of the Republic of South Africa.
 
54.      This website is hosted and maintained in Dallas, United States.
 
55.      When using this site and agreeing to these terms and conditions, you agree that such use and agreement is deemed to have taken place in Cape Town, South Africa.
 
 
Dispute resolution
 
56.      In the event of any dispute or difference arising between the parties relating to or arising out of these terms and conditions, including the implementation, execution, interpretation, rectification, termination or cancellation of the agreement constituted thereby, the said dispute or difference shall be submitted to arbitration in Cape Town in accordance with the Rules of the Arbitration Foundation of Southern Africa (or any succeeding body) by an arbitrator or arbitrators appointed by the Foundation.
 
57.      Notwithstanding anything to the contrary contained herein, any party to the arbitration may seek interlocutory relief in any competent court having jurisdiction pending the institution of appropriate proceedings for the enforcement of any rights under this agreement.
 
58.      The parties undertake to keep the arbitration, including the subject matter of the arbitration and the evidence heard during the arbitration, confidential and not to disclose it to anyone except for the purposes of an order to be made in the arbitration.
 
59.      The decision of the arbitrator shall, in the absence of manifest error, be final and binding on the parties and may be made an order of any competent court in South Africa at the instance of any party.
 
60.      These provisions are separate and severable from the rest of this agreement and, accordingly, will remain in effect despite the termination or invalidity for any reason of these terms and conditions.
 
Amendment of the terms and conditions of this Agreement
 
61.      The Service Provider reserves the right, at any time, to amend any of these terms and conditions of use without any specific notice being given to the user. An updated version of the terms and conditions will be posted on this website and it will be the sole responsibility of the user to check and read the latest version of these terms and conditions when accessing the website.
 
62.      If the user objects to any amendment of these terms and conditions, their sole remedy will be to terminate their access and use of this website.
 
 
General provisions
 
63.      Each of the terms and conditions of use are deemed to be separate and severable from each other and if any term or condition contained herein is found by any court of competent jurisdiction to be invalid and/or unenforceable then, notwithstanding such invalidity and/or unenforceability, the remaining terms and conditions will be and remain of full force and effect.
 
64.      These terms and conditions of use, together with the Privacy Policy, and any other policies published on this website, constitute the entire agreement between the parties regarding the access and use of this website. No other agreements, representations or warranties between the parties regarding the access and use of this website other than those set out herein are binding on the parties.
 
65.      No latitude, extension of time or other indulgence which may be given or allowed by any party to the other in respect of the performance of any obligation under these terms and conditions will be construed to be an implied consent or election by such party, or operate as a waiver or a novation of, or otherwise affect any of the party's rights in terms of or arising from these terms and conditions.
 
 
Users acting in a representative capacity
 
66.      To the extent that a user is using this website in a representative capacity on behalf of any other person, whether incorporated (e.g. a company or close corporation) or unincorporated (e.g. a trust, partnership or association), or in any other representative capacity, the user warrants that they are legally authorised to do so and they indemnify the Service Provider against any loss or damage that it may suffer should the user lack the necessary authority to bind the person on whose behalf they are purporting to act.
 
67.      The user must, on reasonable requested by the Service Provider provide proof of their authority. If it is found that the user has misrepresented their authority, the Service Provider may terminate this agreement immediately without incurring any liability and the user and/or the person they purported to represent will not be entitled to claim any refund or other amount as a result of such termination.
 
Date of Last Review:  17 June 2011