Terms & Conditions
TERMS AND CONDITIONS
This website at www.yoxahealth.com (the "Site") is owned and operated by Yoxa Health (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.
These online shopping terms and conditions (“On-line Shopping Terms and Conditions”) apply to all orders which you, the customer (“you” or “your”), place at this website, operated by YOXA HEALTH. Please read them carefully before placing your order. By clicking the “Accept” button you accept and agree to be bound by these On-line Shopping Terms and Conditions, the Privacy Statement and such other policies as we notify you of from time to time, which together constitute the entire agreement between us. Nothing in these On-line Shopping Terms and Conditions affects your statutory right, either as a consumer or otherwise.
You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. ‘Deep-linking’, ‘embedding’ or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.
1. Website information
- This Site displays information about health products, sports supplements, vitamins, nutrition, performance products and general information of YOXA HEALTH. Also included are diets, training and nutritional information, much of which is sourced or supplied by third-party information and/or research.
- 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.
3. Product Guarantee
- YOXA HEALTH provides health products, sports supplements, vitamins, nutrition and performance products. We guarantee that the ingredients in our products are all fresh, natural and organic.
- The products are manufactured under strict international GMP (Good Manufacturing Practice) standards according to MCC (Medical Control Council of South Africa) regulations for your safety and wellbeing.
- All products are pressure sealed for your protection.
3. Products, Restrictions and Conditions
- Restrictions and conditions apply to all of the YOXA HEALTH products and services offered on this Site.
- To determine the applicable restrictions and conditions you must contact us or the relevant third party provider.
- YOXA HEALTH products do not intend to cure or prevent any form of illness or disease.
- The information and products available on this website are not intended for the diagnosis, treatment or prevention of disease and are not intended as a substitute for advice, treatment or medical prescriptions from your health practitioner.
- As with all nutrition, vitamin and health-related products, please consult your doctor or medical practitioner before purchasing or using any YOXA HEALTH products. YOXA HEALTH will not be held responsible for negligent use of products, or ignorance of label warnings, instructions and recommended dosage amounts.
- Health Warning. Should you have any heart problems, blood pressure problems, or any pre-existing condition that may be affected by one or more ingredients in our products, then please consult your medical practitioner before considering consumption or purchase of any such product. YOXA HEALTH cannot and will not be held liable for any loss or damage caused as a result of negligence or ignorance of the above warning.
- As part of the 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.
4. Site Conditions
- 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 the 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.
5. Your Use
- 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, libellous, 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 of 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.
6. Your Privacy
- We are committed to protecting your privacy. We will handle your personal information in accordance with the terms and conditions of our Policy which applies to all the web pages related to this website.
- All the information gathered in the online forums on the website is used to personally identify users that subscribe to this service. The information will not be used for anything other than which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to anyone.
- The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the Site, analyze trends, and administer the Site.
- 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.
7. Disclaimers and Limitation of Liability
- You use this Site at your own risk.
- When you visit this website or send an email to us, you consent to receive electronic communications from YOXA HEALTH and agree that all communications sent by YOXA HEALTH satisfy any legal requirements.
- The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
- 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 YOXA HEALTH website, information will be transmitted over a medium which, in many cases, is beyond the control or jurisdiction of YOXA HEALTH. 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.
- We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
- 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.
- Written permission from YOXA HEALTH is required to create hyperlink to this website. For more information, contact us at firstname.lastname@example.org for assistance.
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.
10. 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. YOXA HEALTH 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 YOXA HEALTH 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 YOXA HEALTH website, or which, in the sole discretion of YOXA HEALTH, exposes YOXA HEALTH or any of its customers or suppliers to any liability or detriment of any type.
At its sole discretion, YOXA HEALTH 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 YOXA HEALTH 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 YOXA HEALTH website, regardless of whether such communication(s) violate these standards.
YOXA HEALTH reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. YOXA HEALTH has no liability or responsibility to users of the YOXA HEALTH website or any other person or entity for performance or non-performance of the aforementioned activities.
11. Product availability
Lead time is dependent on stock availability. Every effort is made to effect shipment of your order timorously, however, unforeseen circumstances may cause delays.
12. Payment Options
- You may pay for the items which you order online by supplying your credit card details on the secure online order form. Only Credit Card Payments will be accepted. We accept MasterCard and Visa credit cards.
- Prices displayed on the website include Value Added Tax which will be charged at the current rate. Delivery is charged extra.
- Although we try to ensure that all prices on the website are accurate, errors may occur. If we discover an error in the price of the items you have ordered, we will contact you as soon as possible. You will have the option of either reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as cancelled.
- We reserve the right to update prices displayed on the website from time to time.
- At the time of placing the order, the transaction details are presented to the bank and an authorization is obtained for the amount of the order.
- All transactions will be processed in South African Rands (ZAR).
- YOXA HEALTH endeavours to offer you competitive prices on current products. Your total order price will include the price of the purchase plus any applicable sales tax and shipping charges (on the day of shipping).
- YOXA HEALTH reserves the right to change pricing at any time without prior notice.
- The price of each product is displayed with the product. In the event of a sale or special offer, the discounted price is displayed. YOXA HEALTH shall take all reasonable efforts to maintain correct prices. However, should errors occur and items are offered at incorrect prices, YOXA HEALTH will not be obliged to sell goods at such incorrect prices.
- The cost of shipping within the borders of South Africa is determined as follows:
- All shipping under R350 will be charged against the order
- Shipping in excess of R350 will be free
14. Agreements of Sale
- When you click to make a purchase with us legal obligations arise and your right to refund of monies charged to your credit card is limited by our terms & conditions. You must not make any purchase through this site unless you understand and agree to all of our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any purchase for any service through this website.
- An agreement of sale only comes into effect when a credit card authorisation is received from the issuing bank.
15. Delivery Policy
- South Africa counter to counter:
- Please ensure the correct delivery address is provided from the outset as title and risk will pass to you once the order has left our premises.
- International deliveries:
- As shown in shopping cart.
- Undeliverable packages
- Occasionally packages are returned to us undeliverable. Should this event take place every attempt will be made to contact you to make arrangements for re-shipment.
16. Return and Refunds Policy
Because our products are of the highest quality, we are able to fully guarantee it. If you are not satisfied, we at YOXA HEALTH are not satisfied. It is as simple as that.
You are welcome to return any goods purchased within 7 days of receiving the item. Unfortunately, we can only accept goods for return that are still in their original sealed state (unopened). You will have to pay to have the item couriered or posted back to us, but as soon as we receive it, we will issue you a credit note. Our policy is to deduct a 10% handling fee from the original price.
17. Order processing
Order processing will not begin until we receive a confirmed order and full payment, via a credit card authorisation is received from the issuing bank.
18. Disclosure of outlet country at time of payment
- You may not use of this website for any of the following purposes:
- Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
- Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
- Interfering with any other person’s use or enjoyment of this website
- Breaching any laws concerning the use of public telecommunications networks
- Interfering or disrupting networks or websites connected to this website
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner
- Gaining unauthorised access to other computer systems
- You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
- any claim by any third party that the use of this website by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
- any claim by any third party that the use of this website by you infringes that third party’s copyright or other intellectual property rights of whatever nature; and
- any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of this website by you.
19. YOXA HEALTH Liability
- This site is provided by YOXA HEALTH without any warranties or guarantees. You must bear the risks associated with the use of the Internet.
- This website may provide content from other Internet sites or resources and while YOXA HEALTH tries to ensure that material included on this website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. YOXA HEALTH will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with this website. If Yoxa Health’ is informed of any inaccuracies in the material on the site we will attempt to correct the inaccuracies as soon as we reasonably can.
- In particular, we disclaim all liabilities in connection with the following:
- Incompatibility of this website with any of your equipment, software or telecommunications links
- Technical problems including errors or interruptions of the website
- Unsuitability, unreliability or inaccuracy of this website
- Inadequacy of this website to meet your requirements
- To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the website.
- Nothing in these Terms and Conditions shall exclude YOXA HEALTH liability for personal injury or death caused by its negligence.
20. Security Policy
- Virtual Card Services process all credit card transactions. All credit card transactions are 128-bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site’s registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate VCS to obtain confidential information.
- Virtual Card Services is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Virtual Card Services Internet servers are protected by firewalls and intrusion detection systems.
- The Merchant does not have access to credit details.
- Virtual Card Services continually reviews and enhances its security in line with technological changes.
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.
22. Our relationship
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.
24. Governing law
- 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.
25. Our rights
We reserve the right to:
- Modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
- Change these Conditions from time to time and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
- We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
- If any of these Terms are invalid or unenforceable, it will be struck out, and the remaining Terms will remain in force.
- Changes to these Terms and Conditions will become effective upon such changes being posted to this Website.
- It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates.
- The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
- 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 YOXA HEALTH website, these Terms and Conditions constitute the entire agreement between you and YOXA HEALTH with respect to the use of the YOXA HEALTH 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 YOXA HEALTH.
Should you violate any of the terms and conditions of these On-line Shopping Terms and Conditions, you will be held liable for all legal costs incurred by YOXA HEALTH for any successful civil action brought against you by YOXA HEALTH.
YOXA HEALTH Pty Ltd
No 30 Bally James Duff