Terms and Conditions

1.1    These Terms and Conditions of Use (the “Terms of Use”) apply to the Virgin Life Care web site located at http://shop.virginlifecare.co.za  (“the Site”).

1.2    The Site is the property of Virgin Life Care (Pty) Ltd, Registration Number 1999/007457/07 (“the Company”), a company with limited liability, duly incorporated in accordance with the laws of the Republic of South Africa, with its registered address at 4th Floor, Sunclare Building, 21 Dreyer Street, Claremont, 7700, Cape Town, at which address we will accept service of any legal notices and documents, with telephone number 021 684 2700]. The Company’s VAT Registration number is 4540183730.  The Directors of the Company are: Matthew Bucknall (Chairman)*, Ross Faragher-Thomas and Andre Dique (Managing Director).The Company Secretary is: Alison Milne. The Company’s e-mail address is info@virginlifecare.co.za.

1.3    The Company is a business in the health industry that markets health management services and related goods and products.

1.4    REGISTRATION AND/OR USE OF THE SITE CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE. PLEASE TAKE SPECIAL NOTE OF THE TERMS STATED UNDER THE HEADING: “DISCLAIMERS AND EXCLUSIONS OF LIABILITY” SET OUT BELOW.

1.5    The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, the Company grants you a personal, non-exclusive, non-transferable, limited right to enter and use the Site.

2.1    To register for the use of this Site you will be required to provide certain information including personal details.

2.2    KEEP YOUR PASSWORD PRIVATE AND CONFIDENTIAL TO PREVENT UNAUTHORISED USE. THE COMPANY WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO KEEP YOUR PASSWORD CONFIDENTIAL OR FOR ANY UNAUTHORISED USE PRIOR TO YOU NOTIFYING US IN WRITING THAT YOUR PASSWORD HAS BECOME KNOWN TO ANOTHER PERSON.

2.3    Should you change your details, you are required to promptly inform the Company of such a change.

2.4    You agree to notify the Company immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by the Company or any other user of or visitor to the Site due to someone else using your user ID, password or account.  The Company cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

3.1    Orders placed on the Site constitute your offer to purchase subject to these Terms of Use. Your offer will be deemed to have been accepted upon receipt and acceptance of your order by us, unless otherwise notified. Failure to formally confirm or notify acceptance shall not affect the validity of the contract or the enforceability thereof by the Company.

3.2    Subject to availability and receipt of payment, orders received in respect of for goods and/or services will be processed on the next working day and the details of delivery thereof will be confirmed to you by way of an emailed order number.

3.3    The provision of goods and services by the Company is subject to availability.  In cases of unavailability, the Company will refund you in full within 30 (thirty) days. 

3.4    The GoZone pedometer is subject to a 12 month warranty period calculated from the registration date (“the warranty”), provided that the registration date may not be more than 90 (ninety) days after the purchase date. 

3.5    Should your GoZone pedometer be faulty during the warranty period, you are entitled to return it to Virgin Life Care at the address set out in the membership application either for repair, replacement or refund of the purchase price of the GoZone pedometer. 

3.6    GoZone pedometers which are being returned must be suitably packed to prevent further damage and must be accompanied by a return postal address, full name and Virgin Life Care membership number.

3.7    The warranty does not extend to claims relating to flat batteries; battery leakage, consequential loss, negligence or incorrect use.

3.8    For any queries regarding the warranty, please contact our customer care line on 0860 263 947 or refer to the “FAQ” link on the Virgin Life Care website.

3.9    Any order for goods and/or services placed by you on the Site in respect of which section 44 of the Electronic Communications and Transactions Act may apply, shall be capable of being cancelled by you on notice to the Company without reason and without penalty in the case of:

3.9.1    goods within 7 (seven) days after the date of the receipt of the goods; or
3.9.2    services within 7 (seven) days after the date of the conclusion of this agreement on the Site,
in which event you shall only be liable for the direct costs of returning the goods to the Company and if payment for the goods or services has been effected prior to you exercising the right to cancel, you shall be entitled to a full refund of such payment, which refund must be made within 30 (thirty) days of the date of cancellation.

A copy of the ECT Act may be downloaded from http://www.polity.org.za under the heading "Legislation and Policy".

4.1    All information contained on the Site, as well as price displays, are to the best of the Company’s knowledge and belief true and correct, but the Company accepts no liability for any errors/inaccuracies contained therein.

4.2    You are required to select the delivery address to which an order is to be delivered.

4.3    The GoZone pedometer will be dispatched within 3 (three) business days/72 (seventy-two) business hours and delivery will occur within 7 (seven) business days.

5.1    Export Restriction: The offering on this website is available to South African clients only.

5.2    Merchant Outlet Country & Currency: The merchant outlet country at the time of presenting payment options to you is South Africa. The transaction currency is ZAR (South African Rand)

5.3    Risk and Ownership: Risk in the goods shall pass to you upon delivery at the delivery. Until payment is received in full for any goods sold, ownership in the goods shall remain with the Company and such goods shall be returned and/or surrendered to the Company following receipt of a default notice from the Company.

6.1    To make purchases on the Site you must be the holder of a valid credit card such as a Visa, Master Card, Diners or American Express credit cards (“the Payment Card”) or by direct bank transfer into the Company’s bank account, the details of which will be provided on request.

6.2    Credit card transactions will be processed for the Company through the ShopDirect website by Virtual Card Service (Pty) Ltd who are the approved payment gateway for Nedbank of South Africa. ShopDirect uses SSL3 and Payment Card information is stored per Visa and Mastercard guidelines on its website. Users may go to www.shopdirect.co.za to view their security certificate and security policy.

6.3    The Company will store your personal details separately from your Payment Card details which will be entered by you on ShopDirect’s secure site.  For more detail on ShopDirect refer to www.shopdirect.co.za .

6.4    ShopDirect is hereby authorised to debit the total amount payable for the goods and/or services ordered against the authorised Payment Card supplied by you when ordering the relevant goods and/or services, on behalf of the Company.

6.5    By submitting your order and Payment Card details you warrant that you are authorised to make payment with the card and that there are sufficient funds available to pay for the goods and/or services.

6.6    Neither the Company nor ShopDirect will not be responsible for any incorrect or erroneous charges debited to your Payment Card, nor accept responsibility for having any of these charges reversed or corrected.

7.1    Your privacy is very important to the Company and therefore any information you provide to us is stored on a secure server.

7.2    The Site does make use of "cookies". A cookie is a small piece of data that is stored by your Internet browser on your computer. Cookies are used to provide us with information about your preferences on the Site so we can provide you with better and more customised content and service when you return to our web site. The only personal information a cookie can contain is information you supply yourself and it cannot read information off your hard drive. You can set your browser to notify you when you are going to be sent a cookie, giving you the opportunity to decide whether or not to accept it.

7.3    You agree that the Company may use your personal information to contact you about promotions and special offers and you hereby consent thereto. However, you are entitled, at any stage, to opt out of this service, by clicking on the “opt out” option on the email correspondence, by emailing us on info@virginlifecare.co.za or by calling our call center on 0860 263 947 .

7.4    We do not sell or rent personal information about individual members (such as name, address, email address, telephone or fax number) to third parties.  The Company does however reserve the right to disclose aggregated information regarding its members and usage of the Site (such as member demographics and traffic patterns) to, amongst others, advertisers and suppliers, and you hereby expressly consent thereto.

7.5    However, the Company may share personal information gathered on this Site in response to a specific request by a law enforcement agency, subpoena, court order, or as otherwise required by law. The Company may also share such information with governmental or law agencies or other companies assisting us in fraud prevention or investigation when: (i) permitted or required by law; or, (ii) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (iii) investigating fraud which has already taken place.

7.6    For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (“PAIA”). The PAIA may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf.

The Company uses industry standard Secure Socket Layer (SSL) encryption technology to protect your personal information or credit card details as the data travels over the Internet. However, there is no 100% secure transmission of data on the Internet given the current state of Internet technology. Therefore we cannot guarantee the absolute security of any information you transmit to us or which we transmit to you.

10.1    The Company retains all intellectual property rights in all material, including all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site, save in respect of those intellectual property rights owned by service providers of the Company.

10.2    All data and information communicated to or from the Site and/or any site information and database(s), remain and shall be the sole property of the Company.

10.3    The Company grants you permission to view, electronically copy and print in hard copy portions of the Site for the sole purpose of placing an order with the Company, for your personal use only.

10.4    Any other use of materials on the Company’s website, including a reproduction for purposes other than those noted above, modification, distribution or reproduction, without the prior written consent of the Company and/or the lawful trademark and/or copyright owner (where applicable) is strictly prohibited and constitutes an unlawful infringement of the intellectual property rights of the Company and/or such trademark and/or copyright owner.

11.1    External hyperlinks may be provided on the Site. You shall not interpret such hyperlinking as constituting any relationship between the Company and any linked third party or any endorsement by the Company of such third party. Use of or reliance on any external links provided is at your own risk.

11.2    Advertising and other promotional material will appear on the Company’s website from time to time. You shall not interpret such advertising or promotional material as constituting any relationship between the Company and any third party or any endorsement by the Company of such third party. Use of or reliance on any such material is entirely at your own risk.

12.1    The content contained on the Site may be used by you for your own personal, non-commercial purposes only.

12.2    You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations.

12.3    In using the Site you agree not to use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site and you shall indemnify the Company for any damage caused by any such act attributable to you.

12.4    You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any internet server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

12.5    You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of the Company, including any customer account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

12.6    You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any systems or networks connected to the Site.

12.7    You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

12.8    You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or others.

12.9    The Company may suspend the Site or any part thereof or terminate your account at any time if the Company should determine that the Site is not being used by you in compliance with these Terms of Use.

12.10    These Terms of Use constitute the whole agreement between the parties relating to the subject matter hereof.

12.11    If any provision of these Terms of Use is rendered void, illegal or unenforceable in any respect under any law it shall be severable from these Terms of Use, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and the parties shall endeavour in good faith to agree an alternative provision to the void, illegal or unenforceable provision.

12.12    The Company shall not be bound by any representation, warranty, promise or the like not recorded herein or agreed to in writing between us. No representation, term, warranty or condition expressed or implied shall be considered to be or have been made or agreed or implied by reference to any other writing, advertisement or conversation.

12.13    Any indulgence of extension of time granted by the Company to you shall not be construed as a waiver or variation of any of the Company’s rights or remedies and it shall not thereby be precluded from exercising any rights against you which may have arisen in the past or which might arise in the future.

12.14    At the option of the Company, any dispute arising out of these Terms of Use may be brought in any Magistrates' Court of competent jurisdiction notwithstanding that the amount in issue may exceed the jurisdiction of such court.

12.15    These Terms of Use are governed by the laws of the Republic of South Africa.

13.1    Additional terms and conditions may apply to purchases of goods and/or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

13.2    The Company’s obligations, if any, with regard to its goods and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

13.3    The Company may make changes to any goods or services offered on the Site, or to the applicable prices for any such goods or services, at any time, without notice. The materials on the Site with respect to goods and services may be out of date, and the Company makes no commitment to update the materials on the Site with respect to such goods and services.