Terms and Conditions

Last updated: May 23, 2023

• Registration number- 2022/320327/07
• Cure Day Hospital Foreshor, 6th Floor
• 1 Mediterranean Street, Foreshore, Cape Town, 8001
• hello@sandsaesthetics.co.za
• +27218794291

WEBSITE TERMS AND CONDITIONS

Parties

• (1) S & S AESTHETICS CLINIC (PTY) LTD (Registration Number 2022/320327/07), a private company duly incorporated in accordance with the company laws of South Africa (hereinafter referred to as the “Practice”).
• (2) The user or customer accessing or using the website (hereinafter referred to as the “User”). The terms and conditions contained herein are legally binding on the Practice once the User has accepted them by clicking “I Accept” during registration or continued use of the website. Use of the website will be deemed as acceptance of the terms and conditions.

Background

• (A) The Practice operates a website at https://www.sandsaesthetics.co.za/ for the purposes of marketing and selling cosmetic products and services, and allowing users to browse information, book consultations, and purchase such products online.
• (B) Use of the website shall be governed by the laws of South Africa, including the Electronic Communications and Transactions Act, 2002, Consumer Protection Act, 2008, National Health Act, 2003 and Health Professions Act, 1974 (as amended).
• (C) Use of the website is conditional upon the user’s acceptance of these terms and conditions. Such acceptance is demonstrated by the user registering on the website, clicking ‘I accept’ or continuing use of the website in any manner after being presented with the terms. The terms
  shall be legally binding on the user once accepted.
• (D) The Practice reserves the right to amend these terms from time to time. It is the user’s responsibility to regularly review the latest terms available on the website. The user’s continued use of the website following any such amendments shall be deemed acceptance of the amended terms.

1. Definitions

• 1.1. Practice shall mean as identified in clause (1) of the Parties.
• 1.2. Website shall mean the website owned and operated by the Practice located at the URL https://www.sandsaesthetics.co.za/.
• 1.3. User shall mean an individual user as defined in clause (2) of the Parties.
• 1.4. Content shall mean all content published on the Website, including text, images, videos and other multimedia content.
• 1.5. Services shall mean any cosmetic treatments, procedures, or services offered for sale on the Website.
• 1.6. Products shall mean any cosmetic or skincare products offered for sale on the Website.
• 1.7. Booking shall mean a reservation made by a User for any Services via the Website.
• 1.8. Order shall mean a request made by a User to purchase any Products via the Website.

2. Scope of Website Use

2.1. Permitted Use of Website

• (a) Users may only use the Website for their own personal, non-commercial use.
• (b) Users must not use the Website for any purpose that is unlawful or prohibited.

2.2. Prohibited Use of Website

• (a) Users must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website.
• (b) Users are prohibited from engaging in activities that interfere with or disrupt the Website or the servers and networks that make the Website available. Such activities include unauthorized framing of or linking to the Website, spamming, hacking, distributing viruses, or other malicious programs or code.

2.3. Compliance with Laws

• (a) Users must use the Website in accordance with all applicable laws, including data protection laws, laws governing digital communications, and e-commerce.
• (b) Users are prohibited from submitting any content to the Website that is threatening, abusive, illegal, obscene, defamatory, or libelous, or that infringes another person’s intellectual property rights.

2.4. User Responsibilities

• (a) Users are responsible for maintaining the confidentiality of login details and passwords. Users must take reasonable steps to ensure that no unauthorized person shall have access to their account on the Website through the user’s internet connection or device. The Practice
  shall not be liable for any loss or damage arising from the user’s failure to comply with this provision.
• (b) The Practice will take all reasonable steps to protect user data in compliance with the Protection of Personal Information Act (POPIA).

3. Terms of Use

3.1. Permitted Use of the Website

• (a) Users may access and use the website for their personal, non-commercial use only.
• (b) Users must use the website legally and in accordance with these terms.

3.2. Prohibited Use of the Website

• (a) Users may not use the website for any unlawful, harmful, threatening, abusive, harassing, or tortious purpose.
• (b) Users may not interfere with or disrupt the website or its network.
• (c) Users may not reproduce, distribute, modify, create derivative works, or publicly display the website content without written permission.

3.3. User Conduct

• (a) Users must provide accurate information when registering on the website and update such information as necessary to ensure it remains current.
• (b) Users are responsible for maintaining the confidentiality of any login credentials and passwords for their account.
• (c) The Practice reserves the right to refuse or terminate service to any user at any time for any reason.

3.4. Third-Party Links and Resources

• (a) The website may contain links to third-party websites or resources. The Practice does not endorse and is not responsible or liable for the content, products, or services on or available from such third-party websites or resources.

4. Privacy Policy

4.1. Data collection. The Practice collects personal information from users for the purposes of:

• (a) Processing orders and providing requested products and services;
• (b) Sending users administrative information regarding their account, products, or services;
• (c) Responding to user queries, requests, or complaints;
• (d) Sending users marketing communications regarding the Practice, its products, and services.

4.2. Types of information collected. The Practice may collect any of the following types of personal information from users:

• (a) Name and contact details including email address and telephone number;
• (b) Demographic information such as gender and age;
• (c) Payment information such as credit card details;
• (d) Medical history and health information provided for consultation or treatment purposes;
• (e) Correspondence with the Practice including queries, complaints, or feedback.

4.3. Use of personal information. The Practice will only use personal information for the purposes for which it was originally collected or subsequently authorized by the user. This includes:

• (a) Processing orders and providing products and services to the user;
• (b) Informing the user of important information regarding their account or transaction;
• (c) Sending the user administrative messages such as confirmation emails;
• (d) Responding to user queries, requests, or complaints;
• (e) Conducting important business activities related to the provision of products and services;
• (f) Sending marketing communications to users who have consented to receiving such communications.

4.4. Disclosure of personal information. The Practice will not share a user’s personal information with any third party without consent, except if required to do so by law or in good faith that such action is necessary to:

• (a) Comply with a legal obligation;
• (b) Protect and defend the rights, property, or safety of the Practice, its employees, users, or
  the public.

4.5. Data storage. Personal information provided by users is stored on secure servers located within South Africa. The Practice implements reasonable technical and organizational security measures to protect personal information from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

4.6. Data access and correction. Users have the right to access their stored personal information upon written request. Users may also request correction or deletion of any inaccurate personal information by contacting the Practice.

4.7. Data retention. Personal information is retained for the period necessary to fulfill the purposes for which it was collected, or as otherwise required by law. Thereafter, it will be destroyed, deleted, or anonymized in a secure manner.

4.8. Cookies. The Practice uses cookies to improve the user experience on the website. Users have the option to set their browser to refuse cookies, but this may negatively impact website functionality.

4.9. Children’s privacy. The website does not target children under 18. In the event that personal information is collected from children, parental or guardian consent will be obtained for use of such information.

4.10. Changes to the privacy policy. The Practice may amend this privacy policy from time to time. Users are advised to regularly check this policy on the website for any changes. Continued use of the website following amendments shall constitute deemed acceptance of the amended policy.

5. Disclaimers and Limitations of Liability

5.1. Accuracy of Content. The user acknowledges that the content published on the website, including without limitation information, opinions, treatments, or other content (including text, graphics and images) , is for general information purposes only and does not constitute medical or other professional advice.

5.2. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

5.3. Never disregard professional medical advice or delay in seeking it because of something you have read on this website. Reliance on any information provided by this website is solely at your own risk.

5.4 Accuracy of Medical Information: The medical information provided on this website is accurate and up to date as of the date of publication. While we strive to ensure that the content is current, medical knowledge and guidelines can change rapidly. We recommend that you consult with a healthcare professional or check with relevant medical authorities for the most recent information. The information on this website is not intended to replace professional medical advice, diagnosis, or treatment.

5.5. Availability of Website. The user acknowledges that the operation of the website relies on systems, infrastructure, and technologies that are provided by third parties. The Practice does not guarantee uninterrupted or continuous operation of the website and shall not be liable for any interruptions to or delays in accessing the website.

5.6. Limitation of Liability. Subject to clause 5.4, the Practice shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any other damages of any kind, including without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or related to the use of, or inability to use, the website, its content, products, or services, regardless of whether such damages are based on contract, tort (including negligence), strict liability, or any other theory of liability, even if the Practice has been advised of the possibility of such damages.

5.7. No Exclusion of Liability for Gross Negligence. Nothing in these terms shall exclude or limit the Practice’s liability for death or personal injury caused by its gross negligence or the gross negligence of its employees, agents, or subcontractors, or for any fraudulent misrepresentation or for any other liability that cannot be excluded or limited under South African law.

6. Orders, Bookings, and Refunds

6.1. Orders and Bookings. Users may place orders for products or book services via the website. All orders and bookings are subject to acceptance and confirmation by the Practice.

6.2. Cancellations and Refunds. Users may cancel an order or booking within 5 business days from the date of order or booking confirmation, provided that the product has not been used or the service has not been rendered.

• (a) The Practice will process a refund within 7-10 business days from the date of receiving the cancellation request. Refunds will be issued to the original payment method.
• (b) If a user cancels a booking for services less than 24 hours before the scheduled appointment time, the Practice reserves the right to charge a cancellation fee of up to 20% of the service fee.

6.3. Product Returns.
Please refer to our returns policy for detailed information.

7. Payment Terms

7.1. Payment Methods. The Practice accepts payment by credit card, debit card, and electronic funds transfer (EFT). Payment must be received in full before products are dispatched or services are rendered.

7.2. Payment Security. The Practice uses secure payment gateways to process payments. Users’ payment information is encrypted and securely transmitted to the payment gateway.

7.3. Disputed Payments. If a user disputes a payment, the user is responsible for any resulting bank charges or fees.

8. Intellectual Property Rights

8.1. Ownership of Content. The Practice owns or has the right to use all content published on the website, including text, images, videos, logos, trademarks, and other multimedia content. Users may not reproduce, distribute, modify, create derivative works, or publicly display any content without the prior written consent of the Practice.

8.2. Ownership of Intellectual Property: All intellectual property rights, including but not limited to copyrights, trademarks, patents, designs, and any other proprietary rights in and to all materials, procedures, methodologies, techniques, and any other content created, developed, or used by the Company (collectively, the “Intellectual Property”) are and shall remain the sole and exclusive property of the Company.

8.3. Use of Intellectual Property: Users of this website agree not to use, reproduce, distribute, modify, or create derivative works based on the Intellectual Property without the prior written consent of the Company. This includes any images, videos, text, or other materials available on the website.

8.4. Confidentiality: Users agree to maintain the confidentiality of the Intellectual Property and any other proprietary information shared by the Company. Users shall not disclose such information to any third party without the express written consent of the Company, except as required by law.

8.5. Infringement and Remedies: Users acknowledge that any unauthorized use or disclosure of the Intellectual Property may cause irreparable harm to the Company, for which monetary damages may be insufficient. Accordingly, the Company shall be entitled to seek injunctive relief, specific performance, or any other equitable remedies in addition to any other rights and remedies available at law.

8.6. No Transfer of Rights: Nothing on this website shall be construed as a transfer or assignment of any intellectual property rights from the Company to any user.

9. Governing Law and Dispute Resolution

9.1. Governing Law. These terms shall be governed by and construed in accordance with the laws of South Africa.

9.2. Dispute Resolution. Any dispute arising out of or in connection with these terms shall be resolved through amicable negotiation between the parties. If the dispute cannot be resolved through negotiation, the parties agree to submit the dispute to mediation in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA). If the dispute is not resolved through mediation, the parties agree to submit the dispute to binding arbitration in accordance with the rules of AFSA. The arbitration shall be conducted in Cape Town, South Africa, in English. The decision of the arbitrator shall be final and binding on the parties.

10. General Provisions

10.1. Entire Agreement. These terms constitute the entire agreement between the parties and supersede all prior or contemporaneous agreements, understandings, or representations, whether oral or written, with respect to the subject matter hereof.

10.2. Severability. If any provision of these terms is held to be invalid or unenforceable, such provision shall be severed from these terms, and the remaining provisions shall remain in full force and effect.

10.3. Waiver. No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term.

10.4. Notices. All notices, requests, demands, and other communications required or permitted to be given hereunder shall be in writing and shall be deemed to have been duly given when received, if delivered by email, registered or certified mail, postage prepaid, or overnight delivery service.

11. Miscellaneous

11.1. Assignment. The Practice may assign its rights and obligations under these terms to any affiliate, subsidiary, or successor in interest without the user’s consent. Users may not assign their rights and obligations under these terms without the prior written consent of the Practice.

11.2. Force Majeure. The Practice shall not be liable for any failure or delay in performing its obligations under these terms due to causes beyond its reasonable control, including but not limited to acts of God, war, riots, fire, flood, earthquake, or other natural disaster, or any law, order, regulation, or requirement of any governmental or regulatory authority.

11.3. Contact Information. Users may contact the Practice with any questions or concerns regarding these terms at hello@sandsaesthetics.co.za or +27218794291