DIVINE RATIO – TERMS AND CONDITIONS
Please read these Terms and Conditions carefully. By using the Divine Ratio Website (“the Website”), you indicate your understanding and acceptance of these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use the Website nor make use of the online store or the online trainers.
To the extent that the Consumer Protection Act No 68 of 2008 applies, we have a duty to point out certain important provisions in these Terms and Conditions to you.
Kindly pay special attention to the clauses that have been made bold to our Terms and Conditions.
1.1. The Website and the service provided to you are subject to the Terms and Conditions contained herein.
1.2. By accessing or using the Website, you agree to have read, understood and agree to be bound by these Terms and Conditions.
1.3. For the purpose of the Terms and Conditions wherever the context so requires, the terms “you”, “your” and “user” shall mean any person who uses the Website or the service in any manner whatsoever, including persons browsing the Website and its content, purchasing items on the online store or signing up for the online training programmes.
1.4. Should you object to any Terms and Condition or any subsequent changes thereto, you must immediately discontinue use of the Website. Terms and Conditions may be updated by the Website from time to time. It is your responsibility to review the Terms and Conditions before making use of the Website. Using the Website after the Terms and Conditions have been amended will constitute an acceptance of the amended Terms and Conditions.
2.2. Both we, and our suppliers of nutrition and vitamin-related products may disclose your personal information to others where directly connected with facilitating your requirements.
2.3. At all times we retain the right to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
2.4. We may disclose aggregated information about users and use statistics relating to the Website and aggregated information about our sales and trading patterns to others.
3.1. As far as the law allows, you agree to defend, indemnify and hold blameless the Company, its officers, subsidiaries, successors, directors, service providers, suppliers and employees from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses arising from your violation of any provision of these Terms and Conditions;
4. Limitation and Termination of Service and Amendments to these terms
4.1. Divine Ratio, at its sole and absolute discretion, has the right to delete or deactivate your account and discard of any of your content with the Website and has no responsibility or liability for the deletion or the failure to store any content.
5. Disclaimer of Warranties and Limitations of Liability
5.1. As far as the law allows, you agree that use of the Website and its associated services is entirely at your own risk and that the Website and the services are provided as is or on an as available basis without any warranties of any kind.
5.2. This Website displays information about sports supplements, vitamins, nutrition, performance products and general information of Divine Ratio. Also included are diets, training and nutritional information, much of which is sourced or supplied by third party information and/or research.
5.3. Although we have taken reasonable care to ensure that this information is correct and up to date, we accept no responsibility for information supplied to us by third parties.
6.1. These Terms and Conditions, and any rights, licences and obligations granted under the terms and conditions may not be ceded, delegated, transferred or assigned by you. Any cession, delegation, assignment or transfer by you shall be null and void.
7. Ability and Authority of Accept these Terms
7.1. This Website is intended only for adults and for entities and persons that are entitled to contract as per applicable laws.
7.2. If you are using this Website as a representative of any personal entity you warrant, represent and undertake that you are legally authorised to represent that person or entity. You warrant, represent and undertake that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent and are fully able and competent to enter into the Terms and Conditions and abide by and comply with the Terms and Conditions
8. Newsletter, Promotions and Email Communication
8.1. Divine Ratio processes personal information to provide you with information about products and services on offer.
8.2. Divine Ratio may, from time to time, use your contact information to inform you of news, promotions, events and other email communication relevant to the services provided by the Company.
8.3. The frequency of the newsletter issues will be monthly, unless there is a special promotion or competition running.
8.4. Divine Ratio reserves the right to modify or discontinue the newsletter, at any time, without any prior notice.
8.5. By entering your details on the website you will automatically be added to our database and will start receiving the aforementioned communication. You may opt to unsubscribe from this at any time.
9. Purchasing of the Products
9.1. Registering with the Divine Ratio website enables you to place electronic orders for products displayed on our website, provided that they are not sold out. A purchase agreement between you and Divine Ratio will come into effect once the products are selected and placed in your “shopping basket” and payment for those products has been made.
10. Delivery of the Products
10.1. When and Where?
10.1.1. Divine Ratio products are delivered within South Africa from Monday to Friday during office hours and can be delivered to either a residential or employment address.
10.2. Delivery Time
10.2.1. Divine Ratio will have your products delivered within 48 working hours, excluding weekends and public holidays. We do not guarantee that the products will be delivered within the above mentioned time frames and will not be liable for any loss and/or liabilities and/or costs and/or damages and/ or expenses arising as a result of late delivery.
10.3. Unavailable at Time of Delivery
10.3.1. Should you be unavailable to accept the delivery, the courier company, Fastway, will call you to arrange another possible time for delivery. Should the courier not be able to deliver for a second time due to your unavailability, the goods will be returned to us and you will liable for an additional R100 fee (incl. VAT) for each product due to be delivered.
10.4. Any Problems?
10.4.1. Returning the Products
Want to return your products? No problem, as long as the following conditions are complied with:
10.4.2. Valid proof of purchase;
10.4.3. Notify us of your intention to return the products within 14 business days of the date of delivery, and we will happily collect the products;
10.4.4. The products must be in their original packaging and condition and any supplements purchased must be unopened;
10.4.5. The products must be unused.
10.5. Kindly note that no costs relating to the delivery of the products will be reimbursed.
11. Cancelling Orders
11.1. Cancellation of orders will only be accepted if done within 12 hours of placing such order.
12. Faulty Products
12.1. Should you purchase a defective product, you must ensure that you notify us immediately of the defect. The product must be returned within six months from the date of purchase and a dated photograph of the defect taken on the date of delivery will be required. You can then elect to have the product replaced or repaired or for the purchase price to be refunded to you. The product will only be replaced, repaired or the purchase price refunded if the product was used for its intended purpose and was properly looked after, and after a careful inspection of the product, it is evident that the product’s defect is due to a manufacturing fault.
13. Products, Restrictions and Conditions
13.1. Divine Ratio products do not intend to cure or prevent any form of illness or disease.
13.2. As with all nutrition, vitamin and health-related products, please consult your doctor or medical practitioner before purchasing or using any Divine Ratio products. Divine Ratio will not be held responsible for negligent use of products, or ignorance of label warnings, instructions and recommended dosage amounts.
13.3. Health Warning – Certain products such as fat burners, power and endurance products contain caffeine and other natural stimulants. Should you have any heart problems, blood pressure problems, anxiety disorder, diabetes, pregnancy, or any pre-existing condition that may be affected by one or more ingredients in our products, then please consult your medical practitioner before considering consumption or purchase of any such product. Divine Ratio cannot and will not be held liable for any loss or damage caused as a result of negligence or ignorance of the above warning.
14.1. We may terminate this agreement, your registration with or ability to access this Website and/or any other service provided to you by us and any other agreement between us immediately should you be found to be in breach any of these Terms and Conditions.
15. Governing Law
15.1. If any dispute arises from this agreement or how this agreement applies or arising out of your use of this Site, the laws of South Africa will apply.
15.2. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of South Africa, and waive any right that you may have to object to an action being brought in said courts.
16.1. The Divine Ratio Supplements & Accessories website, and all of its content, remains the copyright of Divine Ratio. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
17.1. Divine Ratio is committed to protecting your privacy on our Website. In accordance with international and industrial guidelines, laws and standards, these are our policies regarding the collection, use, sharing and security of customer information.
17.2. Divine Ratio may electronically collect, store and use personally identifiable information such as your:
17.2.3. Birth Date
17.2.6. Postal Address
17.2.7. Email Address
17.2.8. Phone Number
17.2.9. Fax Number
17.2.10. Non-personal Browsing Habits
17.2.11. Click Patterns
17.2.12. Internal Record Keeping
17.3. Divine Ratio collects, stores and uses the above-mentioned information for the purposes for which you supply it to us and other purposes from which you do not choose to opt-out, any of which may include the following:
17.3.1. To greet the user when he/she accesses the website.
17.3.2. To inform the user of facts relating to his/her access and use.
17.3.3. To inform the user about competitions and special offers.
17.3.4. To track browsing habits and click-patterns
17.3.5. To fulfil your order for goods or services
17.3.6. To ensure that the goods are received by the user.
17.3.7. To provide you with information on events, products and services, or other news
17.3.8. To conduct surveys and polls
17.3.9. To track your progress when using the online training programmes
17.4. Divine Ratio has the right to collect and save any information collected from users on our Website. Divine Ratio will not pass on individual user details for third party use unless user consent is given or the information does not relate to any specific individual (e.g. cookies). Divine Ratio owns and retains all rights to non-personal statistical information collected and compiled by our Website.
17.5. Users are responsible for maintaining the confidentiality of their account, username and password and for restricting access to their computer. They agree to accept responsibility for all activities that occur under their account, username and/or password. They agree to provide accurate and truthful information.
18. Security Policy
18.1. Divine Ratio is committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.