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3J MEDICAL (PTY) LTD (“THE COMPANY”)’S TERMS OF SERVICE AS BETWEEN THE COMPANY AND THE PURCHASER (“THE PURCHASER’S TERMS OF SERVICE”).

 

THE PURCHASER’S TERMS OF SERVICE ARE EFFECTIVE AS OF 15 JANUARY 2019 “EFFECTIVE DATE”

 

READ THE PURCHASER’S TERMS OF SERVICE CAREFULLY BEFORE BROWSING THE WEBSITE. YOUR CONTINUED USE OF THE WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THE PURCHASER’S TERMS OF SERVICE. YOU CANNOT USE THE WEBSITE IF YOU DO NOT ACCEPT THE PURCHASER’S TERMS OF SERVICE. ALL SECTIONS OF THE PURCHASER’S TERMS OF SERVICE ARE APPLICABLE TO THE PURCHASER

 

  1. INTRODUCTION

The Company’s website https://www.3jmedical.africa is made available, and owned by 3J Medical (Pty) Ltd (bearing registration number 2018/631111/07) (hereinafter referred to as "the Company", “the Company’s Website”, “Website”, "we", “our" or "us"). Any reference to "the Company", "we", "our" or "us" shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub- contractors, service providers and partners.

The Purchaser’s Terms of Service, including any document incorporated by reference herein, including, but not limited to the general Website Terms and Conditions and Privacy Policy (collectively, the "Terms") apply to any Purchaser who uses the Vendor Services, access, refer to, view and/or upload or download any information or material made available on the Website for whatever purpose, and which Purchaser shall carry the definition as set out in clause 1.7 below as the case may be, and governs the Purchaser’s relationship with the Company.

Accessing and/or use of the Website after the Effective Date will signify that the Purchaser has read, understands, accepts, and agrees to be bound, and is bound, by the Terms, in such Purchaser’s individual capacity and/or for and on behalf of any entity for whom the Purchaser utilises the Website. Further, the Purchaser represents and warrants that it has the authority to do so and that in the case of a Purchaser being a natural person, the Purchaser is a Competent Person (as defined in the Protection of Personal Information Act, 4 of 2013, as amended).

 

  1. TERMINOLOGY

 The following terminology applies to these Terms:

 

  • Browser” shall mean any person who visits any page of the Website, whether by landing at the home page or any other page through use of a hyperlink of another website or by direct access to the Website and who has no intention of using, or has not yet gone through the Registration Process, the Vendor Services offered by or through us;

 

  • Business Day” shall mean any day which is not a Saturday, Sunday or gazetted public holiday in the Republic of South Africa and which shall be between the hours of 09h00 – 17h00;

 

  • Company” shall mean 3J Medical (Pty) Ltd (Registration Number: 2018/631111/07) a private company duly incorporated in accordance with the company laws of South Africa, as the facilitator of the Vendor Services, allowing the Purchaser to purchase Products through the use of the Website;

 

  • Cart” shall mean the Purchaser’s Cart on the Website in which it logs Products prior to payment being made;

 

  • Log in Details” shall mean the Purchaser’s unique username and password used to access the Vendor Services;

 

  • Products” shall mean the Products as made available to a Purchaser by a Vendor for purchase on the Website;

 

  • Purchaser” shall mean the Browser who completes the Registration Process on the Website thus becoming a Purchaser in order to make use of the Vendor Services;

 

  • Purchaser’s Terms of Service” shall mean these terms of service as read together with the General Terms of Service and Privacy Policy;

 

  • Registration Process” shall mean the process to be followed by a Browser on our Website in order to enable it to use the Vendor Services and thus make the transition from a Browser to a Purchaser;

 

  • Vendor” shall mean the entity and/or person and/or the company providing the Vendor Service to the Purchaser through the use of the Website; and

 

  • Vendor Service” shall mean the service provided to the Purchaser by the Vendor through the Website, as more fully set out in clause 5

Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

 

  1. A BROWSER’S AGREEMENT TO THESE TERMS

 

 

  • Subject to, and on the basis of a Browser’s acceptance of the Company’s Terms and Conditions, and thus becoming a Purchaser, the Company grants the Purchaser a limited, revocable, non-transferable license to access and use the Website in accordance with the various policies and agreements which may govern such use and access.

 

  • To the extent that there exists any inconsistency between the terms of the Purchaser’s Terms Of Service and the general Website Terms and Conditions, the terms herein shall prevail to the extent of any inconsistency unless expressly provided otherwise herein.

 

  1. REGISTRATION PROCESS FOR A PURCHASER

 

  • Only a Purchaser may make use of the Vendor Service through the Website.

 

  • In order to register as a Purchaser, a Browser will, through the Registration Process, be prompted to provide Log in Details as well as submit certain personal information which is set out in more detail in the Privacy Policy, which may be found at this link: 3jmedical.africa/privacy.

 

  • Upon completion of the Registration Process, the Purchaser will be required to enter a user name and password, which shall then form part of the Log in Details.

 

  1. VENDOR SERVICES

 

  • The Website enables you to shop for and purchase an extensive range of Products relating to the medical industry such as medical equipment and supplies.

 

  • The Purchaser is able to browse through the Products available for purchase through Vendor store fronts and selecting the Products that it would like to purchase.

 

  • Upon the Purchaser clicking on the Product/s that it would like to purchase, such Product shall be added to the Purchaser’s Cart. The price of each of the Products (whether or not from the same Vendor) shall be tallied in the Purchaser’s Cart together with the delivery cost in respect of each Product.  

 

  • Certain Products as sold on the Website may be subject to regulatory control. In such a circumstance, a Purchaser’s selection of such a Product shall be subject to the condition that the Company has been provided with proof by the Purchaser that it holds the requisite licence, permit, or approval to obtain, own or distribute such Products.  In the event, if on request proof is not provided to the satisfaction of the Company, such Products shall be required to be removed from the Cart prior to the Purchaser being able to finalise the purchase.

 

  • Prior to the transaction being finalised, the Purchaser shall view the Cart and either accept all of the Products reflected therein, or edit same by removing one or more of the Products.

 

  • Once the Purchaser is satisfied that the Cart reflects all of the Products that it wishes to purchase, it shall be prompted to proceed to payment.

 

  1. PAYMENT PROCEDURES

 

  • We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.

 

  • Payment shall be made through PayFast, which, in addition to debit and credit cards, shall allow Purchasers to make payment using Bitcoin, Mobicred, EFT among others. Purchasers are encouraged to consult the PayFast website located at payfast.co.za to familiarise themselves with the security protocols and other policies in place and which may apply to any transaction conducted through PayFast. 

 

  • The order will only be processed once payment has been received into our banking account.

 

  1. DELIVERY

 

  • The Products shall be delivered to the Purchaser on a Business Day and within the time frame indicated on the Website, as facilitated by the Vendor.

 

  • Upon the Product being released to the courier a tracking status will be allocated to the Product, which a Purchaser may view and monitor by accessing the Website using its Log in Details.

 

  1. REFUND / RETURN POLICY

 

  • In the event of the Purchaser requiring a return and/or refund in respect of the Product, the Purchaser is referred to the return and/or refund clause which may be found here: 3jmedical.africa/generalterms.

 

  1. DISCOUNTS, VOUCHERS & COUPONS

 

  • Any details pertaining to a discount, voucher or coupon offer in respect of Products may be found on the Website store front in respect of the Vendor providing the said offer.

 

  1. SURVIVAL

 

  • Clauses which out of necessity or by implication herein survive termination of these Terms, shall remain in full and effect despite the termination hereof.

 

  1. POSTED CONTENT

 

  • We do not, nor are we under any obligation or duty to a Purchaser or anyone else to monitor, consider, evaluate, assess, review, screen, censor or remove any content on the Website. We do not have (and expressly disclaim) any liability in connection with any monitoring, consideration, evaluation, assessment, review, screening, censoring or removal of posted content or any failure or refusal on our part to do so.

 

  1. DOMICILIUM CITANDI ET EXECUTANDI AND CONTACT INFORMATION

 

  • The Company and the Purchaser choose as their respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary of these Terms, the following:
  •  3J Medical (Pty) Ltd: Unit A16, Co.Space, Corner Brand St and Swart Dr, President Park AH, Midrand, Gauteng, 1685
  • Email: info@3jmedical.africa

 

  • Purchaser: The address as provided for when registering for the Vendor Service

 

  • Both the Company and the Purchaser may change their domicilium to any other physical address or email address by written notice to the other to that effect. Such change of address will be effective 7 (seven) days after receipt of notice of change of domicilium.

 

  • All notices to be given in terms of these Terms will:
  • be given in writing;
  • be delivered or sent by email; and
  • be presumed to have been received on the date of delivery.

 

  • Notwithstanding the above, any notice actually received by the addressee will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with the provisions of this clause.

 

  1. PREPARATION

 

  • These Terms have been custom created for 3J Medical (Pty) Ltd by the good folks at Legal Legends legallegends.co.za.