TERMS
Website
Terms and Conditions of Use Relating
to www.lifedayspa.co.za
These
Terms and Conditions (“the Terms and Conditions”) govern your
(“the User”) use of the Life Day Spa (“Provider”) website located at the domain name www.lifedayspa.co.za
(“the Website”). By accessing and using the Website, the User
agrees to be bound by the Terms and Conditions set out in this legal notice. The
User may not access, display, use, download, and/or otherwise copy or
distribute Content obtained on the website for marketing and other purposes
without the consent of the Provider.
Electronic
Communications
By using this Website or communicating with the Provider
by electronic means, the user consents
and acknowledges that any and all agreements, notices, disclosures, or any
other communication satisfies any legal requirement, including but not limited
to the requirement that such communications should be in writing.
E-Commerce
& Privacy
The Website www.lifedayspa.co.za sells gift vouchers
online. The use of any product or
service bought from this Website is at the purchaser’s risk. The
purchaser/ user indemnifies and holds the Provider harmless against any loss, injury or damages
which may be sustained as a result of using the products sold on the Website.
The
private information required for executing the orders placed through the
e-commerce facility, namely the User’s personal information and credit
card details, delivery address and telephone numbers will be kept in the
strictest confidence by the Provider and not sold or made known to third
parties. Only the necessary information, that is the delivery address and
contact phone number will be made known to third parties delivering the product. Credit card details are not kept by the
Provider under any circumstances.
The
Provider cannot be held responsible for security breaches occurring on the
User’s electronic device (Personal Computer or other electronic device
used to browse the Website), which may result due to the lack of adequate virus
protection software or spyware that the User may inadvertently have installed
on his/her device.
The
Provider will supply all goods to the delivery company in good order. The
Provider will not be held liable for the condition of goods arriving at the
User’s chosen delivery address.
Online Payment – MyGate Payment
Gateway
All
online credit card payments are processed by the MyGate Internet Payment Gateway. Card Holders may go to www.mygate.co.za
to view MyGate security policy.
Refund and Return Policy
The
provision of goods and services is subject to availability. In cases of
unavailability, the provider will refund the client in full within 30 days.
Cancellation of orders by the client will attract a 10% charge for administration
costs.
The
Provider reserves the right to cancel an order for which payment has already
been received. This may occur if
stock is insufficient or the quality of goods ordered does not meet the
Provider’s standards. Should
the Provider exercise this right, the User will receive a full refund with no
deductions.
Any
complaints regarding the standard and quality of the product or products bought
by consumers through the e-commerce facility should be directed to the Marketing
Manager, Philippa@lifedayspa.co.za.
Updating
of these Terms and Conditions
Provider
reserves the rights to change, modify, add or remove from portions or the whole
of these Terms and Conditions from time to time. Changes to these Terms and
Conditions will become effective upon such changes being posted to this
Website. It is the User’s obligation to periodically check these Terms
and Conditions at the Website for changes or updates. The User’s
continued use of this Website following the posting of changes or updates will
be considered notice of the User’s acceptance to abide by and be bound by
these Terms and Conditions, including such changes or updates.
Copyright
and Intellectual Property Rights
Provider
provides certain information at the Website. Content currently or anticipated to
be displayed at this Website is provided by Provider, its affiliates and/or
subsidiary, or any other third party owners of such content, and includes but
is not limited to Literary Works, Musical Works, Artistic Works, Sound
Recordings, Cinematograph Films, Sound and Television Broadcasts,
Program-Carrying Signals, Published Editions and Computer Programs (“the
Content”). All such proprietary works, and the compilation of the
proprietary works, are copyright the Provider, its affiliates or subsidiary, or
any other third party owner of such rights (“the Owners”), and is
protected by South African and international copyright laws. The Providers
reserve the right to make any changes to the Website, the Content, or to
products and/or services offered through the Website at any times and without
notice. All rights in and to the Content is reserved and retained by the
Owners. Except as specified in these Terms and Conditions, the User is not
granted a license or any other right including without limitation under
Copyright, Trademark, Patent or other Intellectual Property Rights in or to the
Content.
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 Owners make no warranty or
representation as to the availability, accuracy or completeness of the Content.
Neither Provider nor any holding company, affiliate or subsidiary of Provider,
shall be held responsible for any direct or indirect special, consequential or
other damage of any kind whatsoever suffered or incurred, related to 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 Provider is expressly
advised thereof.
Privacy: casual
surfing
The
User may visit the Website without providing any personal information. The
Website servers will in such instances collect the IP address of the User
computer, but not the email address or any other distinguishing information.
This information is aggregated to measure the number of visits, average time
spent at the Website, pages viewed, etc. Provider uses this information to
determine use of the Website, and to improve Content thereon. Provider assumes
no obligation to protect this information, and may copy, distribute or
otherwise use such information without limitation.
Choice
of Law
This
Website is controlled, operated and administered by Provider from its offices
within the