Terms of Use

1. 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 on the Website.
2. Whilst we take reasonable measures to ensure that the Website content is accurate and complete, we make no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information or content on the Website. If any such representations or warranties are made by any of our representatives, we shall not be bound thereby.
3. We disclaim liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
4. In addition to the disclaimers contained elsewhere in these Terms of Use, we also make 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, mobile device, handset, 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:
   1. our gross negligence or wilful misconduct; or
   2. the gross negligence or wilful misconduct of any of our employees, agents or authorised representatives.

We thus disclaim all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.

1. LIMITATION OF LIABILITY, DISCLAIMER AND INDEMNITY
   1. The provisions of this clause shall apply in addition to, and shall not in any way limit, the limitation of liability provisions and indemnity provisions provided for elsewhere in these Terms of Use.
   2. To the maximum extent permitted by law, we, as well as our directors, employees, agents and other authorised representatives (hereinafter referred to as “BioSmart Representatives”) shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which may arise from:
      1. Your use of the Website;
      2. Your use of or reliance upon any information set out on the Website; and/or
      3. Our replies to any queries made by you via the Website.
   3. You hereby indemnify us (as well as each of the BioSmart Representatives) against any claims or damages which may be suffered by yourself or any third party arising in any way from
      1. Your use of the Website;
      2. Your use of or reliance upon any information set out on the Website; and/or
      3. Our replies to any queries made by you via the Website.
         
         
2. THIRD-PARTY WEBSITES
   
   The Website includes or may include hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third-party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
   
   
   1. GOVERNING LAW AND JURISDICTION
      1. These Terms of Use and our relationship and/or any dispute arising from or in connection with these Terms of Use shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
      2. In the event of any dispute arising between yourself and us, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
      3. Nothing in this clause or the Terms of Use limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA. 
   2. AVAILABILITY AND TERMINATION
      1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and we are entitled to discontinue providing the Website or any part thereof with or without notice to you.
      2. We may in our sole discretion terminate, suspend and/or modify this Website, with or without notice to you. You agree that we will not be liable to you in the event that we choose to suspend, modify or terminate this Website.
      3. If you fail to comply with your obligations under these Terms of Use this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
      4. At any time, you can choose to stop using the Website, with or without notice to us.
   3. NOTICES
      WE HEREBY SELECT BIOTECH AFRICA, 1ST FLOOR, 4 SILVERWOOD CLOSE, STEENBERG OFFICE PARK, WESTLAKE, 7945, SOUTH AFRICA
      1. as our address for the service of all formal notices and legal processes in connection with these Terms of Use (“Legal Address”). We may change this address from time to time by updating these Terms of Use.
      2. Notices must be sent either by hand, prepaid registered post or email and must be in English. All notices sent:
         1. by hand, will be deemed to have been received on the date of delivery;
         2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting; and
         3. by email, will be deemed to have been received within 24 (twenty-four) hours of transmission.
      3. Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
   4. GENERAL
      1. This document contains the entire agreement between the parties in relation to the subject matter hereof and no other warranty or undertaking is valid, unless contained in this document.
      2. No variation, addition, deletion, or agreed cancellation of the Terms of Use will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
      3. Words importing the singular will include the plural, and vice versa, and words importing the masculine gender will include the feminine and neuter genders, and vice versa, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.
      4. The headings in this agreement are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
      5. We may, in our 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.
      6. You hereby consent to receive any and all approaches and/or communications from us, our members, agents and/or our marketing service providers (whether via e-mail or otherwise), whether for the purposes of direct marketing or otherwise. Should you not wish to receive any approaches and/or communications as aforesaid, kindly address an e-mail to info@biosmart.com to inform us.
      7. Should you have any complaints or queries, kindly address an email to info@biosmart.com to inform us, or alternatively contact us at +27 (0)21 180 4707.
      8. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms of Use to any third party.
      9. Any failure on our part or on the part of yourself to enforce any right in terms hereof shall not constitute a waiver of that right.
      10. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show, grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of their rights against the grantee which may have arisen in the past or which might arise in the future.
      11. Each sentence, paragraph, term, clause and provision of these Terms of Use and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation (including, without limitation, the CPA and any regulations thereto) or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part of these Terms of Use and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision of these Terms of Use as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
      12. No term or condition of these Terms of Use is intended to breach any peremptory provisions of the CPA and any regulations thereto (“Prohibited Provision”). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 14.11 mutatis mutandis.