SA's Medical Equipment & Supplies Marketplace

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 TERMS AND CONDITIONS

 
 
3J MEDICAL (PTY) LTD (“THE COMPANY”) GENERAL WEBSITE TERMS OF SERVICE (“TERMS OF SERVICE”)
 
THESE TERMS OF SERVICE ARE EFFECTIVE AS OF 15 JANUARY 2019
“EFFECTIVE DATE”
 
READ THE TERMS OF SERVICE CAREFULLY BEFORE BROWSING THE WEBSITE. YOUR CONTINUED USE OF THE WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THE TERMS OF SERVICE. A USER CANNOT USE THE WEBSITE IF IT DOES NOT ACCEPT THE TERMS OF SERVICE. ALL SECTIONS OF THE TERMS OF SERVICE ARE APPLICABLE TO THE USER.

 

INTRODUCTION

These Terms of Service will apply fully and affect a Vendor and/or a Purchaser, and to the extent applicable, any browser (“the User(s)”) of the website https://www.3jmedical.africa (“the Website”). By using this Website, a User agrees to accept the Terms of Service contained herein in full.

Should a User not agree to the terms contained herein, a User must immediately desist from using this Website.

Minors are not allowed to use this Website.

 

POSTED CONTENT

In these Terms of Service, “Posted Content” shall mean any audio, video text, images or other material a User may choose to display on this Website, if applicable. By displaying a Posted Content, a User grants the Company non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

A User’s Content must be a User’s own and must not be invading any third-party's rights. The Company reserves the right to remove any of a User’s Content from this Website at any time without notice.

 

INTELLECTUAL PROPERTY RIGHTS

Other than the content a User owns, and may be required to upload during the use of this Website, the Company and/or the Company’s licensors own all the intellectual property rights and materials as are contained on this Website.

None of the contents of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without our prior written permission, and further, should such consent be provided, we reserve the right to withdraw such consent at any stage, in our sole and absolute discretion.

A User is granted a limited license only for purposes of utilising this Website.

A User undertakes not to attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Website, including any algorithm used by us.

We own or are licensed to use all intellectual property on the Website, with the exception of the User’s Content, which shall remain that of the User uploading such content, but which a User licenses to us in accordance with the license above. A User may not use any of our intellectual property for any purpose other than as may be required to use the Website for its intended purpose.

We do not permit copyright infringing activities and infringement of intellectual property rights on the Website, and we may, at our sole discretion, remove any infringing content if we are of the view that such content infringes on another's intellectual property rights or our own.

 

RESTRICTIONS

 

A User may not:

- publish or mirror any of this Website’s material in any media whatsoever;

- use this Website for any objectionable or unlawful purpose, including the posting of any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or spam material;

- take any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure, including spam or other unsolicited mass e-mailing techniques;

- use the Website in any manner would result in another User breaching any applicable legislation or licensing obligations (including with respect to privacy) or any obligations a User may owe to third parties;

- mislead or deceive others through any act or omission or make a false representation about a User’s identity, including the impersonation of a real or fictitious person or using an alternative identity or pseudonym;

- conduct any activity which compromises or breaches another party's patent rights, trademark, copyright or other intellectual property rights;

- copy, collect or save information about other Users;

- introduce any virus, worm, trojan horse, malicious code or other program which may damage computers or other computer-based equipment to the Website or to other Users;

- stalk or harass anyone;

- attempt to disrupt or interfere with the services as delivered through the Website;

- use the details of other Users for anything other than the use expressly permitted by those Users;

- download, access, use, harvest or download in bulk User details;

- pass on a User’s log in details to anyone other than the authorised user of that account;

- remove or alter our copyright notices or other means of identification including any watermarks, as they appear on the Website;

- use this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;

- use this Website to engage in any advertising or marketing other than in a manner expressly permitted by the Website;

- crawl, spider or scrape the content of the Website, except to the extent required by recognised search engines (e.g. Google) for the purposes of indexing this Website; or

- provide unauthorised interfaces to the Website.

The User understands and agrees that it is solely responsible for compliance with any and all laws, rules, regulations and taxation obligations that may apply to its use of the Website.

Certain areas of this Website are restricted from being accessed by a User, and the Company may further restrict access by a User to any areas of this Website, at any time, in its absolute discretion. Any User Log in Details a User may have for this Website are confidential and a User must maintain confidentiality as well.

 

PERSONAL INFORMATION

We undertake as far as is possible, to protect each User’s personal information in accordance with the Privacy Policy located on the website.

 

REFUND / RETURN POLICY

 

Should a Purchaser not be completely satisfied with any Product purchased through the Website, irrespective of the Vendor, such Purchaser may return the Product to the Company within 14 (fourteen) days of delivery thereof. At the Company’s’ discretion, and based on the reason of return by the Purchaser, the Company shall require that the Vendor:

- replace the Product; or

- repair the Product

If the Product is no longer available for purchase on the Website, the Company, on behalf of the Vendor, shall take return of the Product, and the Company shall credit the User’s account.

A User’s attention is drawn to the fact that no sterile Product shall be eligible for return, unless it remains unopened and still in its original packaging.

Should a return result from the negligence of the Vendor, the vendor will be charged a 10% return handling fee.

Should a return result from the negligence of the Purchaser, the Purchaser will be charged a 10% return handling fee.

 

Returning of the Product by the Purchaser:

A Purchaser is required, prior to returning the Product to the Company, to:

- ensure that the Product has been securely packaged (preferably in the original packaging if possible) in order to avoid any damage in transit;

- have the Purchaser’s name together with the return reference number (which a Purchaser will be provided with when advising the Company that they will be returning a Product) clearly visible on the package; and

- include any and all accessories, instruction manuals and the like that were included with the Product when delivered (whether such accessories are defective or not).

A Purchaser’s failure to adhere to the above could result in a delay in the remedying of the situation, or the refusal of a repair being carried out or a replacement or credit being issued.

 

Dispatching of the incorrect Product

 

Should the Product received not be the Product ordered by the Purchaser, or so different in reality to that displayed on the Website, we will upon notification from the Purchaser collect same from the Purchaser’s chosen address (within the borders of South Africa) at our expense.

 

Incomplete Product

 

If the Product is missing either fitted parts, or accessories (as the case may be), the Purchaser is required to contact the Company within 7 days of receipt of same by logging a query through the Website, and we will arrange for the Product to be collected from the Purchaser by the Vendor or the Vendor’s nominated courier at the same address to which it was delivered, at the Vendor’s cost.

The Company will thereafter inspect the Product and, provided that the Purchaser’s complaint is valid, offer the Purchaser one of the following options, which the Vendor is required to adhere to:

- deliver a complete Product to the User (provided that same is still available); or

- credit the User’s account.

 

Products damaged in transit:

 

If the Product is missing either fitted parts or accessories (as the case may be), the Purchaser is required to contact the Company within 7 (seven) days of receipt of same by logging a query through the Website, and the Company will arrange for the Product to be collected from the Purchaser at the same address to which it was delivered, at the Vendor’s cost.

The Company will thereafter inspect the Product and, provided that the Purchaser’s complaint is valid, offer the Purchaser one of the following options, which the Vendor shall be obliged to adhere to:

- repair or replace the Product (provided that same is still available); or

- credit the User’s account.

 

Defective Products & warranties:

In order for the Company to recognise the Product as being defective, such Product would not be in working order when delivered to the Purchaser (or within 14 days after the Purchaser began using same).

The Company does not recognise:

- normal wear and tear;

- any damage which may be caused by the Product not being treated or used in the manner originally intended or advertised;

- damage caused by an external influence such as power outages, power surges, faulty plug points, corrosion due to the atmosphere;

- modification to the Product whether carried out by a professional or not,

as being a reason for declaring the Product to be defective.

If however it is clear from the performance (or lack thereof) of the Product that same is clearly defective through no fault of the Purchaser or third party interference, then the Purchaser is to notify us through the Website as soon as possible after the defect coming to the Purchaser’s attention, but no more than 14 (fourteen) days of delivery (unless a warranty exceeding this time frame is provided in respect of the Product).

The Company will arrange collection of the Product from the address at which same was delivered to the Purchaser and thereafter inspect the Product at its warehouse. Provided that the Purchaser’s complaint is valid, offer the Purchaser one of the following options:

- repair or replace the Product (provided that same is still available); or

- credit the User’s account.

Should a Purchaser return a defective Product, but not all of the accessories or additional parts as received by the Purchaser, then the Company shall be obliged to only return to you, in good repair, the parts of the Product that were submitted to the Company. In the event of the Purchaser electing to receive a credit rather than a replacement, then the value of the accessories and/or parts that were not returned shall be debited against the cost of the Product with the balance being refunded to the Purchaser.

Should the Purchaser not comply with the provisions of this clause when returning a Product , the Company reserves the right to charge the Purchaser for the courier costs incurred in both collecting the Product from and returning the Product to the Purchaser.

 

Refund:

A refund shall only be made into the same account from which payment emanated. The Company will not facilitate any third party payments on behalf of the Purchaser.

 

Extended Warranties

Should an extended warranty exist over a Product (the details of which would be set out in the information brochure included with the Product) then a Purchaser shall be able to report and receive assistance in respect of the Product.

Warranties will be honoured by either by the Vendor or the manufacturer, or the Company.

The options of recompense in respect of a warranty shall be at the third party honouring the warranty’s discretion, and as such may not be the same as that offered by the Company relating to incomplete, incorrect or damaged Products.

The Company shall however assist a Purchaser in providing to it the manufacturer’s details or act as liaison between the Purchaser and the manufacturer. This will however not create an obligation on the Company to honour a warranty should the manufacturer fail to do so.

 

NO WARRANTIES

This Website is provided “as is,” with all faults, and the Company express no representations or warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose or noninfringement.

Without limiting the generality of the foregoing, the Company makes no warranty that the Website will meet a User’s requirements, or that the Website will be uninterrupted, timely, secure, error free or that defects in the Website will be corrected.

The Company cannot guarantee or warrant that any file downloaded from this Website or delivered to a User will be free of infection or virus, worms, trojan horses or other code that has contaminating or destructive qualities. A User is responsible for implementing appropriate processes, systems and procedures to circumvent this type of issue.

The Company cannot be held liable for any inaccurate information contained on the Website, or any incorrect prices displayed by a Vendor other than on the Company’s own web pages, save as where gross negligence by the Company’s employees, agents or authorised representatives can be shown without any reasonable doubt.

 

WARRANTIES BY THE USER

The User warrants and represents that the information provided to the Company is and shall remain accurate, true and correct and that the User will update the information held by us to reflect any changes as soon as possible.

Any User registering on the Website on behalf of any entity warrants that such User will be taken to have represented to us that it has the authority to act on behalf of the entity, and that these Website Terms and Conditions will be binding on the User.

The User further warrants that when registering on the Website it:

- is not impersonating any person or entity;

- is not violating any applicable law regarding use of personal or identification information;

- is authorised to create an account; and

- will provide, on demand from 3J Medical verification of such User’s credentials in such form as required by 3J Medical

 

LIMITATION OF LIABILITY AND INDEMNIFICATION

The Website shall be used entirely at a User’s own risk.

The User indemnifies us, and agrees to keep us indemnified, from and against any claim, loss, damage, cost or expense that we may suffer or incur as a result of or in connection with the User’s improper use of or conduct in connection with the Website, including any breach by the User of these terms or any applicable law or licensing requirements.

To the maximum extent permitted by law we exclude all implied representations and warranties ourselves which, but for these terms, might apply in relation to the User’s use of the Website.

To the extent that our liability cannot be excluded by law, our maximum liability, whether in contract, equity, statute or tort (including negligence), to a User will be limited to the minimum amount imposed by such law.

Notwithstanding anything to the contrary in these terms, in no circumstances will we be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising from or in any way connected to the use of the Website, whether in delict, contract or otherwise.

 

FORCE MAJEURE

Without limiting the foregoing, neither the User nor the Company shall be held liable for any failure to perform in terms of these Terms and Conditions if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, server downtime, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, telephone service or internet connectivity, server failure, or technological failure. Neither we nor the User are entitled to terminate these Terms and Conditions in such circumstances. Should either of us be affected by such event we shall forthwith inform the other of same, and shall use all reasonable endeavours to comply with the Terms of Service.

SEVERABILITY

If any of these terms are deemed invalid or unenforceable for any reason then the invalid or unenforceable provision will be severed from this Terms of Service and the remaining terms will continue to apply. Failure by us to enforce any of the provisions set out in this Terms of Service and/or any other agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms of Service or of any agreement or any part thereof, or the right thereafter to enforce each and every provision.

 

VARIATION OF TERMS

To the extent permitted by law, the Company is permitted to revise these Terms of Service at any time as it sees fit, without prior notice to a User, and any revisions will take effect when posted on the Website, unless a later date is stated in the revised Terms of Service. A User’s continued use of this Website will be construed as a User’s consent to the amended or updated Terms of Service, and will be conditional upon the Terms of Service in force at the time of use. A User’s only remedy, should such User not agree to these amended Terms of Service, is to stop the use of this Website.

 

ASSIGNMENT

The Company is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms of Service without any notification. However, a User is not not allowed to assign, transfer, or subcontract any of its rights and/or obligations under these Terms of Service.

ENTIRE AGREEMENT

These Terms of Service constitute the entire agreement between the Company and a User in relation to a User’s use of this Website (unless a more specific agreement has been entered into in this regard).

 

GOVERNING LAW & JURISDICTION

This Terms of Service relationship between the User and the Company shall be regulated entirely by the laws of the Republic of South Africa and, in the event of a dispute, the User consents, at the Company’s sole and exclusive discretion to the jurisdiction of the Magistrate’s Court of South Africa.

 

PREPARATION

These Terms of Service have been custom created for the Company by the good folks at Legal Legends www.legallegends.co.za.