VO 2 Max Private Gym CC hereinafter referred to as “the Provider” having its registration number 2005/161192/23 incorporated in the Republic of South Africa and is trading as the Lisa Raleigh Group.
Usage of Site:
By accessing this Website www.lisaraleigh.com (“the Website”), you (“the User”) agree to be bound by the terms and conditions which govern the use and access to the Website www.lisaraleigh.co.za. Such use and access subjects the User to be bound by these terms and conditions set out in this legal document together with all applicable laws and regulations. The User hereby represents and warrants that he/she is 18 years or older or is visiting this Website under the guidance and supervision of an adult. The User may not access, display, use, download and/or otherwise copy or distribute content in this Website for marketing, advertising or any other purpose without the written consent of the Provider. Any unauthorized use of this site and/or materials contained on this site shall violate applicable copyright, trademark or other intellectual property laws or other laws within the Republic of South Africa.
By entering this Website together with any form of communication with the Provider via the Online Store, via email or any other form of communication, the User consents to communicating with the Provider electronically. This form of electronic communication therefore satisfies any legal requirement, including but not limited to, the requirement that such communication should be in writing. The Provider may send correspondences to registered Users’ notifying them of new Products, special offers or change of prices from time to time.
The Website www.lisaraleigh.co.za involves the sale of health, wellness, fitness, parenting education and training, including online publications, books, programmes as well as other related goods for all brands associated with the Lisa Raleigh Group. The use of any Product bought from this Website shall be undertaken at the User’s own risk. The User hereby indemnifies and holds the Provider harmless against any loss, injury, sickness, ill-health or damages of whatsoever nature, including but not limited to, third party injuries which may be sustained as a result of using the Products sold on the Website. The Provider does not warrant that the Products purchased by the Customer will be fit for the User’s intended purpose.
Intellectual Property Rights:
©Copyright 2017. The Lisa Raleigh Group. All rights reserved All copyright and other intellectual property rights in all text, images, videos and/or any other form of material on this Website for all brands displayed is the property of the Lisa Raleigh Group.
The Provider provides certain information at its discretion on this Website. All content currently provided or anticipated to be displayed is done so at the sole discretion of the Provider or affiliates authorized to publish such content. All proprietary works and the compilation of the proprietary works are the copyright of the Provider and is protected by the applicable Intellectual Property laws of South Africa. The Provider reserves the right to make any changes to the Website, the Content, or to Products and/or Services offered through the Website at any given time without notice. All rights in and to the content is reserved and retained by the Provider. Nothing contained on the Website should be construed as granting any license or right to use any Trademark, Copyright or Patent displayed on this Website. The User’s use/misuse of the Trademark, Copyright or Patent or any other content on this Website (except as provided for in these Terms and Conditions) is strictly prohibited. The Lisa Raleigh Group has the right, to the fullest extent permissible in law, to enforce its Intellectual Property Rights as and when required.
The private information we require to process online orders placed through our E-Commerce facility, namely your personal information and credit card details, delivery address and telephone numbers will be kept strictly confidential by us, and not sold or made to be known to third parties. Only information required to deliver the product, such as the delivery address and your contact phone number will be made known to third parties in the delivery process. The Provider shall take all the necessary precautions to secure credit card processing to receive payment for the goods we sell. The Provider cannot be held responsible for security breaches you may experience on your personal computer or other electronic devices used to browse the Website, which may result due to the lack of adequate virus protection software or spyware that you may have inadvertently installed. Any information submitted to the Provider shall include, but is not limited to, the following:
- Completion of forms or documentation when signing up an account or when you subscribe or register to use our services;
- posting comments or content via the Website
- purchasing products or services via the online store
- entering a competition, survey, promotion or similar forms of media entries;
- when you contact us directly and provide information to us via direct contact with us
Due to the nature of our business the Provider may be required to share information to third parties. This will include our affiliates, business partners, other parties in response to legal processes or when necessary to conduct or protect our platform and our service providers.
The User has the right to request us not to contact you for marketing purposes. You can excise this right at any time by using the “OPT OUT” option available to you.
Whilst the Provider cannot guarantee the security of the information collected and received by you, the Provider shall ensure that that risks of unauthorized access or disclosure to your information is mitigated. The Provider undertakes to do its best to protect your personal information at all times.
Accuracy of Information
The Provider will attempt to be as accurate as possible when describing the Products on this Site. To such extent permissible in law, the Provider does not warrant that the product descriptions, colours, scents, textures, tastes, durability, effectiveness or other content available on this Site is accurate, complete, reliable or error-free. All products or services shall be purchased at the sole risk of the User.
All content provided on this Website pertaining to blogs is for informational purposes only. The Provider makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The Provider will not be held liable for any errors or omissions in information provided or for the availability of information placed on this site. The Provider shall not be held liable for any losses, injuries, damages or claims directly or indirectly arises from the display or use of this information.
Disclaimers and Warranties:
By visiting the Lisa Raleigh Website and Online Store, User agrees that the use of this Service is undertaken entirely at his/her own risk. The contents of this Website are provided on an “as is” basis without warranties of any kind be it either expressed or implied, including but not limited to conditions of satisfactory quality, warranties of merchantability, merchantability quality, fitness for a particular purpose, accuracy, durability, title and non-infringement. The Providers further assume no responsibility for errors or omissions in the content of the Website or other form of electronic communication. The Provider does not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents/Products sold. The User
is advised to seek professional medical advice if unsure of whether to purchase the Products sold and agrees to purchase Products entirely at his/her own risk. Medical advice from a qualified legal practitioner must be sought prior to purchasing any fitness regimes or dietary products sold to promote health and fitness in the event of uncertainty. To the fullest extent permissibly in law, the Provider, together with its directors, shareholders, employees or agents is hereby indemnified for any direct, indirect, general, special, incidental, punitive or
consequential damages (whether foreseeable or unforeseeable) or expenses (including medical expenses) which may result from representations including the accuracy of the content of the Products or information relating to the Products or Services, howsoever caused.
By accepting these terms and conditions, you further indemnify the Provider, together with its directors, shareholders, employees and agents from any loss or damages suffered, including without limitation to, any claim or demand made by a third party by reason of any act or omission on the User’s part or that of any family member, agent or representative acting on your behalf in connection with any transactions concluded. The Provider’s liability in connection with contract or delict arising from any breach of any obligation in terms of its
Agreement, negligence or otherwise, shall not at any time exceed more than the monetary value of the items purchased with regard to any dispute.
Links to Websites
Links in the Website may re-direct the User outside that of the Lisa Raleigh Website. In such instances, the Provider makes no representations and shall accept no liability for the content, accuracy or function of these Websites. The inclusion of any link to another Website does not imply endorsement by the Lisa Raleigh Group. It is advised that the User becomes fully aware of the legal implications together with the privacy policies and laws pertaining to the various Websites that links are directed too. In the event that this Website contain third party advertisements which contain embedded links to other sites whereby goods and services are advertised, the placement of such advertisements on this Website does not automatically constitute endorsement by the Lisa Raleigh Group.
Limitation of liability:
The Website and all Content on the Website, including any current or future offer of Products or Services are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Provider make no warranty or representation as to the availability, accuracy or completeness of the Content.
Neither the Provider nor its directors, shareholders, agents, any holding company, affiliate or subsidiary of the Provider shall be held responsible for any direct or indirect special, consequential, punitive or any other damage of any kind whatsoever suffered, incurred or related to incorrect content or the use of or the inability to access or use the Content or the Website or any functionality thereof, or of any linked Website even if the Provider is expressly advised thereof.
Choice of Law:
This Website is controlled, operated and administered by Provider within the Republic of South Africa. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These terms and conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Johannesburg Magistrates Court in the event of any dispute.
If any of the provisions of these terms and conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these terms and conditions and the remainder of these terms and conditions shall continue in full force and effect.
These terms and conditions constitute the entire agreement between the User and the Provider with regard to the use of the Content and this Website. Any other agreed terms shall be agreed to in writing. In the event of any potential conflict, these terms and conditions shall take precedence.
If you breach any of these terms and conditions, we may immediately, automatically and without notice to you, terminate your access to our Website and/or prohibit your future access to the Website and/or take appropriate legal action against you (including without limitation, applying for urgent and/or interim relief or claiming damages) without incurring any liability to you of any nature whatsoever and howsoever arising, and all of our rights in this regard are expressly reserved. The Provider reserves the right to refuse service.
The User acknowledges and agrees that these terms constitute the entire agreement between us concerning your use of this Site and in relation to the subject matter hereof, and these terms supersede and govern all prior proposals, agreements or other form of communications. The Provider reserves the right, at its sole discretion, to amend or change these terms at any given time and where such amendments affect the Users rights and obligations, the Provider will notify the User of such changes in a prominent place on the Site or via email. In the event that the User does not agree to such changes to the Site, it is the responsibility of the User to stop using the Site. The User’s continued use of the Site thereafter constitutes your agreement to all such changed terms and he/she will be deemed to have accepted such terms.
Nothing contained in these terms shall be construed as creating any agency, partnership, or other form of joint enterprise between yourself and the Lisa Raleigh Group. In the event that any provision of these terms shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these terms unenforceable or invalid as a whole but these terms shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
If any term is invalid, unenforceable or illegal, the term may be removed and such removal will not affect the rest of the agreement provided that it does not change the intended purpose of this legal document.
E-COMMERCE TERMS AND CONDITIONS OF SALE LISA RALEIGH GROUP
The conditions set forth herein shall apply to all transactions for the supply of Products and/or Services entered into, or to be entered into, between VO 2 Max Private Gym CC Trading as The Lisa Raleigh Group, hereinafter referred to as “The Lisa Raleigh Group” and the Customer via the Online Store.
1.1. “Company” means VO 2 Max Private Gym CC trading as The Lisa Raleigh Group
1.2. “Customer” means the legal person, firm partnership, close-corporation or company which purchases the Products/Services from the Company and includes the Customers representatives, successors and permitted assigns.
1.3. “CPA” means the Consumer Protection Act, 68 of 2008
1.4. “Terms and Conditions” means these E-Commerce Terms and Conditions which govern the relationship between the Company and the Customer for the sale of Products/Services offered via the online store.
1.5. “Products/Services” means the Products or Services sold to the Customer by the Company which form part of the subject matter of the Contract
2. Important Notices:
Nothing in this Terms and Conditions is intended to or must be understood to unlawfully restrict, limit or avoid any rights or obligations, as the case may be, created for either of the Customer or the Company in terms of the CPA.
All Orders received shall be processed in accordance with normal business practices of the Company in terms of which acceptance of the Order shall be confirmed in writing to the Customer. The Company is entitled to reject an Order if it deems necessary.
4.1. The prices of the Products / Services on the website or any other form of advertising are the Company’s current pricing list and shall be deemed to be accepted upon confirmation of the quotation.
4.2. The Company may, due to business requirements (such as currency fluctuation, labour strikes, fuel increases and the like) be entitled to amend/alter their price list from time to time. It is the Customer’s responsibility to ensure that he/she is fully aware of the price prior to purchase.
4.3. All prices quoted as net prices and inclusive of VAT.
4.4 All payments must be paid in full before products are dispatched.
5.1 Payment may be made by credit card via the Payment Gateway options provided to the Customer.
6. Payment Gateway
6.1 Credit Card payments are acquired by Paygate a registered systems operator and payment gateway in South Africa. Please refer to https://www.paygate.co.za for review of terms and conditions as well as privacy policies.
7.1 The Company will take all reasonable efforts to monitor stock levels. The Company does not however guarantee the availability of stock at all times and will only be liable for delivery of the Products when the Products are available. The Customer is informed that imported Products require a lead time of approximately 2 – 6 weeks depending on stock availability. The Company shall not be liable for any costs and shall incur no claims as a result of late deliveries arising from unexpected occurrences which result in later lead times and consequently late delivery.
8. Delivery Policy:
8.1 Subject to stock availability and receipt of payment, requests will be processed within 3 days. The Use has the following options pertaining to delivery:
8.1.1 All deliveries shall be dispatched to the Customer via a designated courier company which is selected at the sole discretion of the Company. The Company will not be held liable for late deliveries arising as a result of the negligence caused by the courier company or any negligence or loss which occurs out of the control of the Company.
8.1.2 All costs associated with delivery via the courier company shall be borne by the Customer.
8.1.3 The selected courier company shall arrange delivery times directly with the Customer. Kindly ensure that someone is available to collect your products as per the agreement with the courier company.
8.2 Whilst every best endeavour shall be made to ensure that the Products are delivered to the Customer in its best condition possible, the Company will not be held liable for the condition of goods arriving at the Customer’s chosen delivery address.
8.3 If your address is located in an area deemed by our courier as “Higher Risk”, you will be charged the extra fee that the courier charge the LR Group
8.4 If you would like to arrange overnight or same day delivery, this must be arranged with firstname.lastname@example.org and the extra cost will be charged for separately.
8.5 Cancelled Orders as requested by the Customer on the E-Commerce facility following the 7 (seven) day “cooling off period” as per the Electronic Communication and Transactions Act 2002 and the Consumer Protection Act, 2008, will be refunded after deduction of a 15% charge for administration costs. The Company reserves the right to cancel an Order for which payment has already been received. This may occur, but is not limited to, insufficient stock availability. In such an event, the Customer shall be refunded for the full amount accordingly.
8.6 Any complaints regarding the standard and quality of the Product or Products bought by Customers through the E-Commerce facility should be directed to email@example.com
8.7 The Company cannot guarantee a specific delivery time on the day of delivery by the courier company. It is the Customer’s responsibility to ensure that someone is available to receive the Order at the specified delivery address, should the courier delivery option have been selected.
8.8 The courier company used will be in contact with the Customer to arrange a delivery time. If there is no one present at the specified premises to receive your Order delivery may not take place that day and additional charges may be incurred by the Customer.
8.9 Deliveries by courier is subject to the condition of the courier company. No courier deliveries will take place over weekends or public holidays unless prior arrangements have been made with the Provider. Additional costs may be associated with delivery over weekends or public holidays.
9.1 In the event that stock is not available for any reason whatsoever after conclusion of a sale, the Company will notify you and you will be entitled to either select another Product or choose to receive a refund of the amount paid by you.
9.2 In line with the Electronic Communications and Transactions Act, 2002 together with applicable provision of the Consumer Protection Act, 2008, the Customer has 7 (seven) days in which to cancel or return their Orders/Product and receive a full refund provided that such Products are undamaged, unopened, intact and returned in the same good order that it was received.
9.3 Products may not be returned unless the incorrect Product has been supplied by the Company or the Product is damaged and/or defective. If the incorrect Product has been supplied, or if the Product is defective or damaged, the Product may be exchanged at the Company’s discretion provided that the Customer returns the Products within seven (7) days of receipt of the Product. The Company will make a reasonable effort to exchange the Product upon receipt of the returned Products. In the event that replacement is not possible due to stock unavailability or otherwise, the Company will refund the Customer the amount of the purchase price upon receipt of the returned Products.
9.4 Subject to clause 9.3 above, the Customer has the right to return a non-defective product at the sole discretion of the Company if:
9.4.1 The Customer is unsatisfied with his/her purchase after 7 (seven) days of receiving the Product and shall either be provided with a suitable replacement or should the Customer so require, receive a full purchase price refund.
9.4.2 Non-defective Products that have been returned must be in its original, intact and undamaged packaging without the seal broken in any way or form.
9.4.3 Customised Products shall under no circumstances be returned.
10. Rights: The Lisa Raleigh Group reserves the right to:
10.1 Amend or remove products from the E-Commerce store with or without notice to the Customer as it deems necessary. The Company shall therefore not be liable to you or any third party for any modification to or withdrawal of the Website.
10.2 Amend these Conditions from time to time depending on the requirements of the business. The Customer’s continued use of the Website, or any part of, following such change shall be deemed to be your acceptance of such change. It shall remain the responsibility of the Customer to ensure that the terms and conditions are read and accepted prior to the Purchase of any Product of the Provider.
11. Retention of Title: All delivered Products shall remain the property of the Company until the Products are paid in full.
12.1 The Company gives the following warranties in terms of the Products / Services
12.1.1 It has the title and rights to sell the Products
12.1.2 Unless otherwise agreed to in writing, the Company will at its sole discretion, replace the Products within a reasonable time provided that the Customer notifies the Company in writing of any defects of the Products within 7 (seven) days from date of delivery of the Products provided that such Products are determined by the Company on inspection thereof to be defective in any way or form.
12.2 Notwithstanding the provisions of clauses above, the Company does not warrant that the Products purchased by the Customer will be fit for the purpose that the Customer intends using the Products for.
13. Limitation of Liability
13.1 The parties agree that the Customer hereby indemnifies and holds the Company harmless the any loss or damage, personal injury or ill health of any nature, occasioned by any defect in any goods supplied, or any failure to provide adequate instructions in respect of any hazards that might arise from the use or incorrect use of the goods. Nothing in these terms and conditions shall be construed as in any way limiting the rights of the Company to raise such defences as may be available to it at common law or in terms of any statute.
13.2 In addition to any other liabilities contained in these Terms and Conditions and to the full extent permissibly in law, the Company is hereby indemnified for any direct, indirect, general, special, incidental or consequential damages or expenses which may result from representations including the accuracy of the content of the Products or information relating to the Products or services.
13.3 By accepting these Terms and Conditions, the Customer further indemnifies the Company for any losses or damages suffered, including without limitation to any claim or demand made by a third party by reason of any act or omission of the Customer or a representative acting on behalf of the Customer. The Customers liability in connection with contract or delict arising from any breach of any obligation in terms of its Agreement, negligence or otherwise, shall not at any time exceed more than the monetary value of the items purchased with regards to any dispute.
13.4 The Company does not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of the Products sold. The Customer is advised to seek professional medical advice if unsure of whether to purchase the Products sold and agrees to purchase Products entirely at his/her own risk. Medical advice from a qualified legal practitioner must be sought prior to purchasing any fitness regimes or dietary products sold to promote health and fitness in the event of uncertainty. To the full extent permissibly in law, the Company, together with its directors, shareholders, employees or agents is hereby indemnified for any direct, indirect, general, special, incidental, punitive or consequential damages (whether foreseeable or unforeseeable) or expenses (including medical expenses) which may result from representations including the accuracy of the content of the Products or information relating to the Products or Services, howsoever caused.
Upon placing your Order via the Online Store or via any other form of electronic communication, the Customer is informed that any private information required for executing the Orders placed through the E-Commerce facility, namely the Customer’s personal information, postal address, delivery address, email address and telephone number will be kept in the strictest confidence by the Company and shall not sold or made known to third parties unless required to do so by law. Only necessary information, such as delivery addresses and contact numbers, will be made known to third parties duly responsible for delivery the Products (if applicable). Under no circumstances will the Company save or keep credit card details. The Company shall not be held responsible for security breaches occurring on the Customers electronic device (e.g. personal computer or other electronic devices used to browse the Website) which may occur due to the lack of adequate software/virus protection that the User may inadvertently have installed on his/her device.
15. Governing Law & Jurisdiction
15.1 These terms and conditions shall be subject to the laws of the Republic of South Africa.
15.2 The Customer hereby consents to the jurisdiction of the Magistrates Court having jurisdiction in terms said Act in respect of any action to be instituted against the Customer by the Company in terms of these Terms and Conditions.
15.3 In the event of the Customer committing any breach of the contract or in the event of the Company being required to take any legal action, the Customer agrees and undertakes to pay the Company’s legal costs as between attorney and own client including collection commission, tracing fees, valuation charges, transport costs and other expenses in connection therewith.