Terms & Conditions
Web Site Terms and Conditions of Use
- The Healthcraft’s GoSmokefree website accessible at www.GoSmokefree.co.za (“website”) is made available to you by HealthCraft SA with registration number: 2016/294100/07, a limited liability private company incorporated in the Republic of South Africa and having its registered address at 1st Floor, Dean Street Arcade, 5 Dean Street, Newlands, Cape Town, 7700 (“Healthcraft”, “we”, “us” and “our”).
- These Terms and Conditions of Use (“Terms”) are binding and enforceable against every person that accesses or uses this website (“you”, “your” or “user”). By accessing this website, you acknowledge that you have read and agree to be bound to these Terms and all applicable laws and regulations which may apply to these Terms. You agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this website.
- The materials or information (including medical information) contained in this website are protected by applicable copyright and trade mark law and you will not acquire any right, title or interest in or to the website or the materials or information (including medical information) contained in the website. Any use, distribution or reproduction of the website or the materials or information (including medical information) contained in the website is prohibited unless expressly authorised in terms of these Terms or otherwise provided for in law.
- These Terms may apply to users who are regarded as consumers for purposes of the Consumer Protection Act, 68 of 2008 (“CPA”) and contain provisions that appear in similar text and style to this clause and which –
- may limit the risk or liability of HealthCraft or a third party; and/or
- may create risk or liability for the user; and/or
- may compel the user to indemnify HealthCraft or a third party; and/or
- serves as an acknowledgement, by the user, of a fact.
- Your attention is drawn to these Terms because they are important and should be carefully noted.
- If there is any provision in these Terms that you do not understand, it is your responsibility to ask HealthCraft to explain it to you before you accept the Terms or continue using the Website.
- Nothing in these Terms is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or HealthCraft in terms of the CPA.
- Permission is granted to you to temporarily download one copy of the materials or information (including medical information) on the website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials or information (including medical information);
- use the materials or information (including medical information) for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on the website;
- remove any copyright or other proprietary notations from the materials or information (including medical information); or
- transfer the materials or information (including medical information) to another person or “mirror” same on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by HealthCraft at any time in its discretion. Upon terminating your viewing of these materials or information (including medical information) or upon the termination of this license, you must destroy any downloaded materials or information (including medical information) in your possession whether in electronic or printed format.
TERMS AND CONDITIONS OF ORDERS
You may buy the GoSmokefree services on offer on the website as long as such services are available. When the GoSmokefree services or any part thereof are no longer available, HealthCraft will notify you and you will be entitled to a refund of the amount paid by you for such services. HealthCraft cannot guarantee the availability of the GoSmokefree services.
- We are committed to providing secure online payment facilities. The website includes links to banking/payment gateway products, which are not owned by HealthCraft or under Healthcraft’s control and for which you acknowledge HealthCraft is not responsible in law. It is your responsibility to make sure that you read the terms and conditions of such service providers prior to making payment for the GoSmokefree services on the website.
- The website supports payment through a direct Electronic Funds Transfer (“EFT”) or by debit or credit card or instant EFT through our secure payment partner, PayFast.
- The use of the website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from your use of the website or reliance on any information and/or services offered on the website.
- The materials or information (including medical information) and services on the website are provided “as is”. HealthCraft makes no representations or warranties whatsoever, express or implied, and hereby disclaims and negates any and all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
- HealthCraft does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials or information (including medical information) and/or the GoSmokefree services on its website or otherwise relating to such materials or information (including medical information) and/or the GoSmokefree services on any sites linked to this website.
- In addition to the disclaimers contained elsewhere in these Terms, HealthCraft makes no warranty or representation, whether express or implied, that the information or files available on the website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Healthcraft, its employees, agents, franchisees, operators or authorised representatives. HealthCraft thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the website.
- In no event shall HealthCraft or its suppliers be liable for any direct, indirect, incidental, special or consequential loss or damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of your use of, or reliance upon the website or the materials or information (including medical information) contained on the website, or the GoSmokefree services, or the quality of the GoSmokefree services, or your inability to use the website and/or the GoSmokefree services, even if HealthCraft or a HealthCraft authorised representative has been notified orally or in writing of the possibility of such loss or damage.
- Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
- We shall take all reasonable efforts to accurately reflect the description, availability, price and delivery of the materials, information (including medical information) and/or GoSmokefree services on the website. However, the materials, information (including medical information) and/or description of the GoSmokefree services appearing on the website could include, amongst other, technical, typographical, or photographic errors. HealthCraft does not warrant that any of the materials, information (including medical information) on its website are accurate, complete, or current. HealthCraft may make changes to the materials or information (including medical information) contained on its website at any time without notice to you. HealthCraft does not, however, make any commitment to update the materials or information (including medical information).
- Should there be any errors of whatsoever nature on the website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error.
- This website may contain links or references to other websites such as Facebook (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms do not apply to those Third Party Websites and HealthCraft is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
- Notwithstanding the fact that the website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon. You hereby indemnify HealthCraft against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of the website and/or any linked Third Party Website.
AMMENDMENTS TO THESE TERMS
HealthCraft may revise these Terms at any time without notice to you. It will be your responsibility to ensure that you are familiar with any amendments to these Terms. By continuing to access the website you are agreeing to be bound by the then current version of these Terms.
Any claim relating to the website shall be governed by the laws of the Republic of South Africa without regard to its conflict of law provisions.
- Should you buy the GoSmokefree services through the website we may require you to provide us with certain personal information which includes, but is not limited to, your name, surname; email address; physical address, age, certain health information and your mobile number.
- Before or at the time of collecting personal information from you, we will identify the purposes for which information is being collected. The general purpose for which we will use your personal information are in relation to the GoSmokefree services and to contact you regarding such services (provided you have consented to receiving such marketing material). We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- We will only retain personal information as long as necessary for the fulfilment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.
- We will –
- treat your personal information as strictly confidential;
- take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
- provide you with access to your personal information to view and/or update personal details;
- promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
- provide you with reasonable evidence of our compliance with our obligations hereunder on reasonable notice and request; and
- upon your reasonable request, return or destroy any and all of your personal information in our possession or control.
- You acknowledge that we, in the event of a fraudulent online payment, reserve the right to disclose your personal information, which may be relevant for criminal investigation purposes, or in line with any other legal obligation for disclosure of the personal information which may be required of it.
- Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
- We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
- HealthCraft hereby selects 1st Floor, Dean Street Arcade, 5 Dean Street, Newlands, Cape Town, 7700 as its address for the service of all formal notices and legal processes in connection with these Terms (“legal address”). HealthCraft may change this address from time to time by updating these Terms.
- You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving HealthCraft notice in writing.
- HealthCraft may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the website or the user’s right to use the website or any of its contents subject to us processing any orders then already placed by you.
- If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
- These Terms contain the whole agreement between you and HealthCraft and no other warranty or undertaking is valid, unless contained in this document between the parties.