Terms of Use

WEBSITE TERMS AND CONDITIONS OF USE

Between:

Intelligent Health and Wellness Proprietary Limited, Registration number 2019/367814/07 t/a Motherkind (“Motherkind”) and you (the “User”). Effective October 2022. WHEN YOU ACCESS, BROWSE OR USE OUR WEBSITE, YOU AGREE TO THESE WEBSITE TERMS AND CONDITIONS OF USE.  IF YOU DO NOT AGREE TO THESE WEBSITE TERMS AND CONDITIONS OF USE, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE, YOU MUST IMMEDIATELY STOP ACCESSING OUR WEBSITE.

IMPORTANT NOTICE. These website Terms and Conditions of use (“Terms of Use”) regulate access to and use of this website and our services. Please note that these Terms of Use are valid, binding and enforceable against all persons that access and/or use Motherkind’s website, our services, web pages or any part hereof. The User is automatically bound by these Terms of Use by virtue of accessing this website. OUR TERMS OF USE CONTAIN SPECIFIC PROVISIONS TO LIMIT OUR LIABILITY. THESE TERMS OF USE HAVE BEEN SET OUT IN CAPITAL LETTERS. The User should pay particular attention to these Terms of Use since they limit the User’s ability to recover losses which the User may incur in connection with the use of this website and our services.

  1. DEFINITIONS
    • “CPA” means the Consumer Protection Act 68 of 2008;
    • “ECT” means the Electronic Communications and Transactions Act 25 of 2002;
    • “POPI” means the Protection of Personal Information Act 4 of 2013;
    • “Privacy Policy” means the privacy policy adopted by us and which can be found at https://motherkindco.co.za/policies/privacy-policy .
    • "Services" means the services made available by us via the website that being:-
      • to provide our Users with a platform to view Motherkind’s products, place orders and to engage with us via our website,
      • any other service which may be made available by us via the website from time to time;
    • “Terms and Conditions” means Motherkind’s online shopping terms and conditions found at https://motherkindco.co.za/pages/online-shopping-terms-conditions;
    • "Website" means the website which is accessible at the URL motherkindco.co.za .
  2. OWNERSHIP

This Website and its current and future content are the property of, and all proprietary rights therein, vest in Motherkind, alternatively are licensed to Motherkind. The User acknowledges that ownership of all intellectual property rights, including the trade marks indicated on the Website (whether registered or not), vest in Motherkind or its licensors, and that it is not authorized to use, amend or exploit any of the intellectual property rights, including the trade marks in any manner whatsoever, without the prior written consent of Motherkind. The User furthermore acknowledges that the information and documentation contained in this Website is the proprietary information and copyrighted material of Motherkind or is licensed to Motherkind and that no party is entitled to use or exploit in any manner whatsoever, any of the proprietary information or copyrighted material of Motherkind without the prior written consent of Motherkind. The User shall not, other than for his/her personal and non-commercial use (a) store on his/her computer, or print copies of extracts from this Website; (b) mirror or cache information provided via this Website on his/her own server or other computer or other storage facility of whatsoever nature; or (c) copy, adapt, modify or re-use the text or graphics from this Website, without the prior written consent of Motherkind, which consent is at our sole discretion.

  1. NO IMPROPER USE OR UNLAWFUL CONDUCT

The User agrees that he/she will only use this Website and the information contained herein in respect of the specific purposes for which it is created. The User hereby agrees not to use this Website for any purpose that is unlawful, improper or prohibited by these Website Terms of Use. Improper actions include, but are not limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the Republic of South Africa and/or foreign territories in which the User resides or conducts business; activities designed to encourage unlawful behavior by others; the invasion of the privacy of a third party; racially, ethnically, or otherwise objectionable behavior; activities which could disrupt or interfere with the security of, or otherwise cause harm to any system resources, servers or networks connected to or accessible through such feature or any affiliated or linked sites; and activities designed to impersonate the identity of a third party.

 

 

  1. PERSONAL INFORMATION

Any personal information which may be provided to Motherkind through this Website will be processed in accordance with POPI. Details of the processing of personal information are contained in Motherkind’s Privacy Policy. The processing of personal information which may be collected through interactive communications facilitated by this Website, are subject to the Privacy Policy published on this Website.

  1. NO WARRANTY

Except as expressly provided otherwise in a written agreement between the User and Motherkind for any warranty, condition, representation or term to the extent to which the same cannot or may not be excluded or limited by law applicable to the User in its jurisdiction; this Website and all information contained herein are provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, Motherkind makes no warranty that (a) the Website and any information contained herein will meet the User’s requirements, (b) the Website and/or the Services will be uninterrupted, timely, secure, virus-free or error-free; or will be compatible with other software or applications to be used with or applied to, (d) the quality of the Website or any information contained herein will meet the User’s expectations and (e) any errors in any software obtained from or used through the Website, or any defects in the Website, will be corrected.

  1. INDEMNITY

The User hereby indemnifies and holds Motherkind, and its subsidiaries, affiliates, officers, agents, partners and employees harmless from any claim or demand, including attorneys and own client costs, made by any third party due to or arising out of: (a) the User’s use of the Website and/or the Services; (b) the User’s violation of these Website Terms of Use and/or the Terms and Conditions and/or the Privacy Policy; or (c) the User’s violation of any law, rule or regulation or the rights of any other person or entity.

  1. DISCLAIMER AND THE EXCLUSION OF LIABILTY
    • YOUR USE OF THIS WEBSITE, THE WEBSITE CONTENT AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK.
    • SUBJECT TO THE PROVISIONS OF POPI, THE CPA AND THE ECT AND TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, WILL MOTHERKIND, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, OR PARTNERS BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGES WHATSOEVER, ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF OR RELIANCE ON THIS WEBSITE AND/OR THE SERVICES PROVIDED OR ANY INFORMATION CONTAINED HEREIN, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES OF ANY KIND, WHETHER OR NOT MOTHERKINDHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM THE LOSS OF USE, DATA OR PROFITS, VIRUSES OR WORMS, THE INABILITY TO USE THE WEBSITE, THE SERVICES OR ANY INFORMATION HEREIN, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH WEBSITE OR INFORMATION OR ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR ANY THIRD PARTY WEBSITE REFERENCED OR LINKED TO FROM THE WEBSITE.
    • TO THE FULLEST EXTENT ALLOWED BY LAW AND SUBJECT TO THE PROVISIONS OF POPI, IF ANY OF THE LIMITATIONS OR EXCLUSIONS OF OUR LIABILITY IN THESE TERMS OF USE ARE HELD BY ANY COMPETENT COURT, ARBITRATOR OR AUTHORITY TO BE INVALID OR UNENFORCEABLE, IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU EXCEED R100.
  2. THIRD PARTY SITES

This Website may make available by references or links to other services, service providers, dealings, websites and/or web pages operated by third parties offering material, information and online services (the "Third Party Service").  The use of the Third Party Services and the use of information collected by the operators of such services / sites are governed by the terms of use and privacy policies found at such sites. Third Party Services are made available only as a convenience, and the inclusion within the Website of any link to a Third Party Service does not imply endorsement by Motherkind of the operator of such site or any association between Motherkind and such operator. Any direct dealings between the User and any third party in connection with a Third Party Service, including the delivery of and payment for goods and services and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such third party or the operator of such site. Subject to the provisions of POPI and the ECT Act and to the fullest extent allowed by law, your use of the other websites or the products or services of third parties is entirely at your own risk. Motherkind is not responsible or liable for the direct or indirect consequences of your navigating to any other website from our Website.

 

  1. LINKING

You shall not make (and may not permit any third party to make) any reference to us, the Website or the Website content, whether by way of a link or otherwise, where the reference could, in any way, be interpreted as an endorsement, affiliation or recommendation by us in relation to you or a third party or of the services, products or opinions of a third party, without our prior written consent, which consent is at our sole discretion. We reserve the right to withdraw any linking permission without notice.

  1. ACCURACY OF INFORMATION
    • The User undertakes that the information it submits to Motherkind is accurate in all respects.
    • This Website and any information herein, including the Services or the Results thereof, may include technical or other mistakes, inaccuracies or typographical errors. The information contained in the Website may be out of date, and Motherkind gives no undertaking of any manner whatsoever to update such information. MOTHERKIND ACCEPTS NO LIABILITY AND SHALL NOT BE LIABLE FOR ANY MISTAKES, INACCURACIES OR OMISSIONS OF INFORMATION IN THE WEBSITE OR THE SERVICES OR THE RESULTS THEREOF AND ANY DECISIONS MADE BY THE USER, BASED ON INFORMATION AND OPINIONS CONTAINED IN THE WEBSITE AND/OR THE SERVICES OR THE RESULTS THEREOF, ARE THE SOLE RESPONSIBILITY OF THE USER.
  2. MODIFICATION
    • Motherkind reserves the right, in its sole discretion, to: (a) change these Terms of Use without notice to the User; (b) change the content available on the Website; (c) discontinue any aspect of the Website; and/or (d) delete the Website; (e) modify or discontinue the Services (or any part thereof) without notice to the User.  
    • Motherkind shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Website or the Services.
    • The User is responsible for reviewing these Terms of Use each time he/she uses the Website. You should check the title of the document to see the latest version in force. The User’s continued use of the Website constitutes the User’s agreement to the then current Terms of Use.

 

 

  1. DISPUTES REGARDING THE CONTENT OF THE WEBSITE

In the event of a dispute as to the content of these Terms of Use at any time, a certificate signed by the administrator responsible for maintaining the Website shall be prima facie proof of the date of publication and content of the current version and all previous versions of these Terms of Use.

  1. GENERAL
    • These Terms of Use, together with Motherkind’s Terms and Conditions and Privacy Policy set out the general rules and policies governing your use of our Website and the Services. Depending on your activities when visiting our Website, you may be required to agree to additional terms and conditions. Further information regarding the business conducted by Motherkind is to be found on Motherkind’s home page at motherkindco.co.za. These Terms of Use constitute the entire agreement between the parties in respect of the subject matter hereof. In the event of the invalidity of any part or portion of these Terms of Use for any reason whatsoever, such invalidity shall not affect the validity or enforceability of any other part or provision of these Terms of Use, and such invalid part or portion shall be deemed to have been struck out of these Terms of Use. No waiver by Motherkind in respect of the User’s actions or omissions with regard to any breach, failure or default in performance by the User, and no failure, refusal or neglect by Motherkind to exercise any right hereunder or to insist upon strict compliance with or performance of the User’s obligations under these Terms of Use, shall constitute a waiver of the provisions hereof, and Motherkind may at any time require strict compliance with the provisions hereof.
    • Should you require any further information in respect of our Website Terms of Use, please contact us by e-mailing customers@motherkindco.co.za .
  2. GOVERNING LAW AND JURISDICTION

These Terms of Use will be governed by and construed in accordance with the laws in force in the Republic of South Africa, and the User consents to the jurisdiction of the South Gauteng High Court in the event of any dispute arising from or connected to the use of this Website and the Services.

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