- “Seller” refers to hivibe.co.za, The Joy Jar (Pty) Ltd doing business as hiVibe.co.za, a business that markets and sells health products online.
- “Buyer” refers to and includes the importer and the end user of the Products.
- “Products” refers to the products advertised on the hivibe.co.za website and that are purchased by the Buyer.
The Buyer accepts and agrees that:
- The Seller assumes no responsibility whatsoever for the use of any of the Products sold.
- The Buyer accepts full responsibility and liability for the use of the Products and services supplied by the Seller and will not hold The Seller liable for any damages suffered whatsoever, whether direct or consequential.
- The Buyer confirms that they will only use the Products under the guidance of their physician (where applicable) or licensed health professional (where relevant).
- The Seller makes no warranties, whether expressed or implied, with regard to any of the Products sold.
- The Seller specifically does not make any medical claims for the Products.
- The Buyer warrants that they hold the Seller (and it’s employees and shareholders) free of any and all legal action and prosecution. This includes any entrapment procedures that may be perpetrated or attempted by law enforcement and government agents and/or their agencies.
- The Buyer is at least 18 years old and of legal age and capacity in their country of residence.
- Courier services for Product shipments are not offered nor recommended and will only be undertaken in extreme cases (such as a medical emergency) at the Seller’s discretion and only if the Buyer has met hivibe.co.za courier release paperwork requirements. All charges including freight and taxes must be met by the Buyer including all return costs if the Products have to be returned to the Seller.
- In the event of an officially confirmed mailing loss the Products will be shipped for a second and final time. If a further mailing loss occurs then a refund will be issued.
If the Buyer wishes to return Products, as long as the Products are sent by the Buyer within 14 days of receipt and received by the Seller in a good, unopened, resalable condition, a Product Credit Note or refund can be issued.
- If the Seller has shipped the wrong Products or Products have arrived in a damaged condition due to incorrect packaging, then the Seller must be contacted first and then the package and Products must be returned to the Seller for inspection. If the fault is identified and agreed, the Seller will reship the Products.
- The Seller does not offer medical advice. All information is supplied on an educational basis and should not be construed to replace that of a physician. All translations are offered on a best effort basis. Any opinions stated are not necessarily those of the Seller. Where applicable, material is distributed without profit to those who have expressed a prior interest in receiving the information for research and educational purposes.
- The Seller reserves the right to alter methods of shipment or to refuse orders.
- Subject to availability and receipt of payment, orders will be processed within 48 hours and delivery confirmed by way of email.
- The provision of goods and services by the Seller is subject to availability. In cases of unavailability, the Seller will refund the client in full within 14 days. Cancellation of orders by the client will attract a R30.00 administration fee.
- The Seller takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
- This website is governed by the laws of South Africa and the Seller chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
- This website is run and owned by The Joy Jar (Pty) Ltd doing business as hiVibe.co.za
- Other conditions that are not covered in these Terms and Conditions will be determined by the Seller conclusively and hivibe.co.za Terms and Conditions are subject to change without notice. The Seller may, in its sole discretion, change this agreement or any part thereof at any time without notice.
CONDITIONS OF USE
hiVibe.co.za and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. The Seller will only supply Products under these Terms and Conditions, which are conclusive and non-negotiable.
Please read them carefully.
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
When you visit hivibe.co.za or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of hivibe.co.za or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of hivibe.co.za, with copyright authorship for this collection by hivibe.co.za, and protected by international copyright laws.
hivibe.co.zatrademarks and trade dress may not be used in connection with any product or service that is not hivibe.co.za, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits hivibe.co.za. All other trademarks not owned by hivibe.co.zaor its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by hivibe.co.zaor its subsidiaries.
LICENSE AND SITE ACCESS
hivibe.co.za grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of hivibe.co.za. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of hivibe.co.za. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of hivibe.co.zaand our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing hivibe.co.zaname or trademarks without the express written consent of hivibe.co.za. Any unauthorized use terminates the permission or license granted by hivibe.co.za. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of hivibe.co.zaso long as the link does not portray MYCOMPANY, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any hivibe.co.zalogo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. MYCOMPANY and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. hivibe.co.zareserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant hivibe.co.zaand its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant MYCOMPANY and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify MYCOMPANY or its associates for all claims resulting from content you supply. hivibe.co.zahas the right but not the obligation to monitor and edit or remove any activity or content. hivibe.co.zatakes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from hiVibe.co.za are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
hiVibe.co.za and its associates attempt to be as accurate as possible. However, hivibe.co.zadoes not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by hivibe.co.za itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY hiVibe.co.za ON AN “AS IS” AND “AS AVAILABLE” BASIS. hiVibe.co.za MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MYCOMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. hivibe.co.zaDOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM hivibe.co.zaARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. hivibe.co.zaWILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting hivibe.co.za, you agree that the laws of the state of DEFINE_STATE, DEFINE_COUNTRY, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and hivibe.co.zaor its associates.
Any dispute relating in any way to your visit to hivibe.co.za or to products you purchase through hivibe.co.zashall be submitted to confidential arbitration in DEFINE_STATE, DEFINE_COUNTRY, except that, to the extent you have in any manner violated or threatened to violate hivibe.co.za’s intellectual property rights, hivibe.co.zamay seek injunctive or other appropriate relief in any state or federal court in the state of DEFINE_STATE, DEFINE_COUNTRY, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to hivibe.co.za. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.