Terms and Conditions

Terms and Conditions

1. Introduction.

These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.

This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.

 

2. Intellectual Property Rights.

Other than content you own, which you may have opted to include on this Website, under these Terms, At Life Products (Pty) Ltd and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.

You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website,

 

3. Restrictions.

You are expressly and emphatically restricted from all of the following:

  1. publishing any Website material in any media;
  2. selling, sublicensing and/or otherwise commercializing any Website material;
  3. publicly performing and/or showing any Website material;
  4. using this Website in any way that is, or may be, damaging to this Website;
  5. using this Website in any way that impacts user access to this Website;
  6. using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
  7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
  8. using this Website to engage in any advertising or marketing;

Certain areas of this Website are restricted from access by you and At Life Products (Pty) Ltd may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion.  Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.

 

4. Your Content.

In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant At Life Products (Pty) Ltd a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be infringing on any third party’s rights. [At Life Products (Pty) Ltd] reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

 

5. No warranties.

This Website is provided “as is,” with all faults, and At Life Products (Pty) Ltd makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

 

6. Limitation of liability.

In no event shall At Life Products (Pty) Ltd, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and At Life Products (Pty) Ltd, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

 

7. Indemnification.

You hereby indemnify to the fullest extent At Life Products (Pty) Ltd from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

 

8. Severability.

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

 

9. Variation of Terms.

At Life Products (Pty) Ltd is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

 

10. Assignment.

 

At Life Products (Pty) Ltd shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, .you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

 

11. Privacy Policy.

We use your personal data for many reasons, from understanding how our users engage with our website to informing our marketing and advertising. We do not use your data on an individual level, but on an aggregated level (combining many user’s data to help inform) Ultimately, this allows us to optimise our website to be user friendly and give you the best experience we can.

These are the main reasons why we collect and use data about visitors to our site:

  • To improve your experience on our site
  • To provide effective online shopping services
  • To provide education and information on our products
  • To carry out marketing analysis and send you communications when we have your permission, or when permitted by law

 

12. Terms and conditions of sale on online store

12.1. Application

12.1.1 These items and conditions shall apply to any sale of any goods by @Life Products (Pty) Ltd, (hereinafter referred to as the Company), whether that contract arises out of any offer made by the Company and accepted by the Customer, or any offer made by the Customer and accepted by the Company, including any such offer made by the Customer in response to a quotation from the Company.

12.1.2 No alteration or variation of these terms and conditions shall apply, unless expressly agreed to in writing and signed by an authorised representative of the Company.

 

12.2. Payments 

12.2.1 The risk of payment by cheque through the post rests with the Customer.

12.2.2 The Customer has no right to withhold payment for any reason whatsoever and agrees that no extension of payment of any nature will be extended to the Customer and any such extension will not be applicable or enforceable unless agreed to by @Life, reduced to writing and signed by the Customer and a duly authorized representative of @Life.

12.2.3 Payment is due, without any deduction, 30 days from the date of invoice in which the goods are dispatched to the customer unless other payment terms are dictated by the Company to the Customer.

12.2.4 Any amount not paid by the purchaser and received by the Company on due date shall bear interest at the ruling prime interest rate, on any moneys overdue from the due date of payment to the date on which payment is actually received by the Company rate charged by First National Bank of South Africa Limited..

12.2.5 Should the Customer default in paying this account then the Company shall be entitled, but not compelled, to forthwith demand that the whole amount outstanding on the account will immediately become due and payable notwithstanding the fact that a portion of the amount would not be owing in accordance with the agreed terms of payment.

 

12.3. Price increases

The price of goods will be the Company’s official list price ruling for them at the date on which they are delivered to the Customer.

 

12.4. Discounts

12.4.1Prices are strictly nett and not subject to any discounts unless otherwise agreed in writing.

12.4.2 If any discount is agreed to in writing it shall only be allowed if payment is received by the Company by the due date and shall only apply to the actual price of the goods themselves.

 

12.5. Delivery

12.5.1 All goods shall be delivered by the Company to the Customer at the Customer’s place of business via a carrier of the Company’s selection at the contracted delivery price .

12.5.2 Should the Company be requested to make delivery by a more expensive method of transportation the Company reserves the right to debit the Customer’s account with the additional charges.

12.5.3 In the event of deliveries taking place by way of South African Transport Services then the risk in the goods shall pass to the Customer upon delivery to the SATS depot.

12.5.4 Notwithstanding any other provision in the contract to the contrary the Company’s obligation to deliver the goods shall in all cases be subject to the following conditions precedent:

12.5.4.1 The availability to the Company of any goods;

12.5.4.2 The timeous receipt by the Company of any instructions required by the Company for the execution of the order.

12.5.4.3 If more than one delivery is to be made then the provisions of clause 6 apply to each delivery.

 

12.6. Risk

Subject to the provisions of paragraph 5 above the risk in the goods shall pass to the Customer on delivery to the Customer’s place of business.

 

12.7. Ownership

Notwithstanding the delivery of any goods to the Customer, ownership thereof shall not pass to the Customer until the Company has received payment of the full contract price.

 

12.8. Exclusions 

12.8.1 The Company shall in no circumstances whatsoever arising from the contract be liable for any loss of profit or any damages direct or indirect, consequential or otherwise, sustained by the Customer. Without derogation from the generality of the aforegoing the Company shall not be liable for its own negligence or that of its agents or employees.

12.8.2 Subject to and without in any way limiting the provisions of (9.1), the Company’s liability to the Customer from any cause whatsoever, including any damages arising out of the Company’s negligence or that of its servants, agents or sub-contractors, shall in any event and under all circumstances be limited to the replacement of defective goods.

12.8.3 Insofar as any of the Company’s obligations under the contract are carried out by any of its servants, agents or subcontractors, the provisions of paragraphs 9.1 and 9.2 are stipulated for their benefit as well as the Company’s and each of them shall be exempted accordingly.

12.8.4 The Customer shall not have any claim of any nature whatsoever against the Company for any failure by the Company to carry out any of its obligations under the contract as a result of vis major, including but without being limited to any strike, lock-out, shortage of labour or materials, delays in transport, accidents of any kind, any default or delay by any sub-contractor or supplier of the Company, riot, political or civil disturbances, the elements, any act of any State or Government, and delay in securing any permit, consent or approval required by the Company for the supply of goods under the contract or under any other authority, or any other cause whatever beyond the

Company’s control.

 

12.9. Warranty and claims

12.9.1 All sales by the Company are executed without guarantees expressed or implied that the goods will be suitable for use for any specific purpose or under any specific conditions, or under abnormal or unusual conditions or circumstances, although such purposes, conditions or circumstances may be known to the Company. No representation is made nor warranty is given to the Customer as to the performance or other qualities of the goods sold.

12.9.2 The Customer shall have no claim of any nature whatsoever against the Company, by reason of any delay by the Company in giving delivery of goods on any date or dates that may be specified in the Customer’s order, or within a reasonable time in those cases in

which no such date is specified.

12.9.3 No objection or claim in respect of goods delivered will be entertained unless:

12.9.3.1 it is endorsed on the Waybill at the time of delivery at the purchaser’s place of business: or

12.9.3.2 it is made in writing within 10 days from date of dispatch of the goods where delivery is affected by rail; or

12.9.3.3 the products are used strictly in accordance with the instructions furnished by the Company.

12.9.3.4 The Csutomer acknowledges that any claim which it may have against the Company arising from alleged defects in the goods sold or sold and delivered by the Company to the purchaser or otherwise arising, shall not in any way be used by the Customer as set-off against the amount due to be paid by the Customer in terms of this contract.

 

12.10. Suspension Of Supplier’s Obligations

If any amount owed by the Customer is not paid on due date, then without prejudice to any other rights it may have, the Company may immediately suspend the carrying out of its then uncompleted obligations until the payment is made.

 

12.11. Trade Marks

It is recorded that all the Trade Marks used by the Company are registered Trade Marks and the Customer undertakes not to infringe any of The Company’s Trade Marks or to make improper use thereof.

 

12.12. Information 

12.12.1 The Customer undertakes to ensure that, in respect of all products supplied by the Company, all instructions in regard to safety precautions, handling information, environmental data, furnished by the Company are strictly adhered to and to ensure that the aforegoing information is passed on to their customers.

12.12.2 The Customer undertakes to follow strictly the Company’s instructions regarding safety and environmental data with respect to storage, handling, use and processing of the goods supplied and pass on such instructions, should he resell the goods, to the purchaser in

question.

12.12.3 Any recommendations made by the Company with regard to further use and processing of the goods supplied are based on information, methods and practices believed to be reliable. The results obtained may vary with manufacturing conditions and techniques utilised at the purchaser’s end, which are beyond the Company’s control. Accordingly, the Company can give no guarantees or warranties, and assume no responsibility for a finished product resulting from such further use and processing, but provides the recommendations as a service of the Company, subject to the Customer/purchaser’s own judgement and decision to observe the said recommendations in line with existing laws, regulations and third-party rights.

 

12.13. Miscellaneous 

Complaints shall be in writing. No complaint will be recognised unless the said written complaint is received within seven days of receipt of the goods.

 

12.14. Credit Check

On acceptance of the terms and conditions we hereby authorize the Company to undertake any credit check that may be necessary with respect to this application and to make available inter alia, all the information contained in this application to KreditInform (Pty) Ltd for such purposes.

 

12.15.Governing Law

12.15.1 This contract is governed by the laws of the Republic of South Africa.

12.15.2 In the event of any clause or portion thereof in these standard terms being found to be invalid, unenforceable or illegal, the the same shall be severed from the contract and the remaining terms and provisions shall continue in fill force and effect until such invalidity, unenforceability or illegality goes to the root of the terms.

12.15.3 The rule of construction that these stanfard terms shall be interpreted against the party responsible for the draftinh and preparation thereof, shall not apply.

12.15.4 In the event of the customer breaching any term of this agreement, or failing to make a payment of any amount due to the Company, then the Company shall be entitled to claim, and the customer shall pay, the full attorney/client costs of the Company, including the costs of Counsel as per Counsel’s marked brief; any collection charges or charges of a tracing agent, as are incurred in connection with the contemplationor institution of any legal proceedings againts the customer as a result of such breach or failure to pay.

12.15.5 The customer shall not be entitled to withhold payment of amounts due to the Company by reason of any claim it purports to have against the Company for any cause whatsoever, and shall be entitled under any circumstances to apply set off.

13. Entire Agreement.

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between At Life Products (Pty) Ltd and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.