WEBSITE TERMS AND CONDITIONS OF USE
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.
- “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;
- "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 .
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.
- NO IMPROPER USE OR UNLAWFUL CONDUCT
- PERSONAL INFORMATION
- 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.
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.
- THIRD PARTY SITES
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.
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.
- Motherkind shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Website or the Services.
- DISPUTES REGARDING THE CONTENT OF THE WEBSITE
- GOVERNING LAW AND JURISDICTION