TERMS AND CONDITIONS OF USE OF THIS WEBSITE

Introduction

This document sets out the terms and conditions (“terms and conditions”) of the use of this site and all pages on the domain as well as all email addresses associated with mnilifestyle.co.za (“the website” and “emails”).

Users of this website and individuals accessing this website (“users”), from whatever location and by whatever means, and any users who access emails or other information originating from the proprietor of this website, being the Medical Nutritional Institute (Pty) Ltd (“MNI”), agree to these terms and conditions simply by accessing and making use of this website and/or accessing such information sources.

These terms and conditions apply to all sources of information and data emanating and/or originating from MNI and a “user” shall include any person who receives information and/or data by way of email from an address linked to the domain mentioned above i.e. any email address containing “@mnilifestyle.co.za.”

No users of this website have been compelled to make use of this website and, as such, users are required to acquaint themselves with these terms and conditions before making use of this website and to adhere hereto at all times.

If you have agreed to receive emails from MNI, you are a “user” for the purposes of these terms when you access such emails, whether or not you make use of this website.

These terms and conditions are binding on MNI as well as the users of this website and, as such, this is a contract between MNI and each individual user.

About us

MNI is a pharmaceutical and healthcare organisation.

MNI strives to provide assistance and education to those who need it regarding a variety of medical issues. MNI also provides meal plans and assessments.

Disclaimers

Users are required to acquaint themselves with these disclaimers before relying on any information on this website or in any emails.

While MNI strives to provide accurate and up to date advice with a range of medical and health issues, MNI will not be held liable for any injury, loss or damage suffered as a result of users’ use of this website or reliance on any of the information contained on this website or in any emails.

Should you, as a user, require proper medical, healthcare or other advice, MNI highly recommends that you consult a professional in the field to which your query relates before taking any action, even where such action is recommended by MNI through this website, an email or by any of its representatives.

The information provided on this website is for information purposes only and may be subject to certain differences in practice based on specific circumstances.

By using this website, you, as a user, agree that while MNI takes every precaution to ensure accurate information, that the nature of medical and healthcare issues is that there are always differences and nuances in each specific case which will need to be assessed by a professional in the respective field.

MNI provides a function by which users can request a referral to an expert in a specific field. MNI will not be held liable for any injury, loss or damage suffered by any user or any other person as a result of such referral. MNI does not warrant that the professional expert concerned will perform as required in each case. You, as a user, are required to exercise your own discretion when selecting a medical practitioner or healthcare provider.

MNI makes no warranties regarding any information contained on this website or any information directly supplied to users hereof.

Once MNI has provided information to the user, the user bears the responsibility of informing any persons to whom such information might further be provided by that user that such information is subject to these disclaimers. MNI will not be held liable for any injury, loss or damage resulting from the direct usage of information on this website or from the indirect use of information from this website through word of mouth for example, where a user relies on information provided by MNI to advise others on any issue.

MNI makes no warranties as to the operation of this website and shall not be held liable for any inadequacies or malfunctioning of the website.

MNI cannot and does not make any warranties that this website shall remain functional or perform uninterrupted or be error-free or meet any particular criteria of performance or quality. This warranty applies equally to any downloads, inclusive of downloads from emails emanating from this domain.

MNI makes no warranties that files, downloads or applications available on this website, or through any email emanating from this domain, shall be virus free, functional or free from harmful components.

MNI will not be held liable for any harm, injury, loss or damage resulting from any cause whatsoever related to the use of this website or any other information source emanating from MNI, such sources including email, SMS or other media as well as direct or indirect access of this website.

MNI does not warrant that this website or any information transmitting sources, such as emails, shall be free of viruses, malware, adware or other harmful components. You, as the user bear the responsibility to ensure the safety and protection of your hardware and software.

No person, business or other entity may link to this website without the prior permission of MNI.

The inclusion of any link on this website to any other website does not constitute an endorsement or warranty in respect of the proprietor of the website so linked to. MNI will not be held liable for any injury, loss or damage resulting from making use of links on this website to any other website.

MNI makes no guarantee that this website will remain free from cyber/internet threats such as hacking and cannot warrant that unscrupulous individuals will not be able to access sensitive information without MNI’s permission.

While MNI will, and does, make every effort to ensure that personal data remains confidential, private and protected, MNI makes no warranties that this will always be ensured.

MNI will not bear any liability for any injury, loss or damage resulting from the accessing of personal information by unauthorised individuals where MNI has not granted such individual such access i.e. the individual or entity has, of its own accord, gained unauthorised access to such information.

All terms herein which apply to MNI, apply equally to its employees, affiliates, associates, service providers and other related parties. All protections granted herein to MNI shall also be granted to the aforementioned people/parties.

It is up to the users of this website to make certain that they know and understand the contents of this website and these terms and conditions before making use of this website. Should a user not be certain as to the meaning of any terms or conditions, the user bears the responsibility to clarify this with MNI before continuing.

Usage restrictions

Users agree that they shall not themselves, or through third parties:

post or transmit, by any means whatever, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, hateful or racially, ethnically or otherwise objectionable;

post any content from, or links to, articles, publications, websites, videos or social media platforms;

make use of this website in a manner which infringes on the rights of any other person or entity, including intellectual property rights;

copy, reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other manner deal with any part of this website for any reason which is inconsistent with these terms and conditions;

decompile, disassemble or reverse engineer any portion of this website;

write and/or develop any derivative of this website or any other software program based on the website;

modify or enhance the website and, where modifications or enhancements are made, these shall be the property of MNI;

remove or prevent access to any identification, mark, copyright material, copyright notices or any other item from this website.

MNI reserves the right to restrict access to this website in respect of any person or entity where it is of the opinion that the use of this website by such person or entity is in contravention of any terms or conditions contained herein.

Web content

The content on this website is not warranted as correct by MNI, whether posted by MNI or by a third party, and the opinions or views which may be expressed on this website are not necessarily those held by MNI.

The content of this website is provided “as is” and MNI shall not be liable for any injury, loss or damage suffered as a result of the content of this website.

Personal information

Users consent to the use of Cookies and/or other technologies to collect information to personalise and improve the services offered by MNI. Most browsers automatically accept Cookies, but the Users can usually modify the browser setting to decline Cookies.

Information disclosed to MNI for any reason shall be treated as personal information and shall be treated confidentially.

Information disclosed to MNI for any reason shall only be used for the purpose for which it was disclosed to MNI.

Information disclosed to MNI for any reason shall be stored in a proper and secure manner and MNI shall do everything necessary to ensure that such information stays confidential and safe, subject to what is contained in the disclaimers hereto.

Information disclosed to MNI for any reason shall not be disclosed to any other party without the prior written consent of the originally disclosing party and/or the person to whom the information relates, unless any law or application thereof requires that disclosure be made.

Information disclosed to MNI for any reason shall be disclosed to any extent necessary to achieve the purpose for which the disclosure was made e.g. employees of MNI will have access to such information where necessary.

Information disclosed to MNI for any reason may be deleted, destroyed or otherwise removed as soon as reasonably practical from MNI’s databases at the exclusive request of the discloser and/or the party to whom the information relates.

Information disclosed to MNI for any reason may be accessed or viewed by the discloser and/or the person to whom the information relates.

It remains the responsibility of the discloser to update any personal information held by MNI if and when such information changes.

Subject to the disclaimers contained herein, MNI shall make every reasonable attempt to ensure that personal information of users of this site as well as users of the services of MNI shall be protected and shall not be accessed by unauthorised persons.

Online store

This website provides an online store for users to purchase certain products.

The images and depictions of products may not necessarily be accurate images and/or depictions of final products and are for information purposes only.

MNI makes every attempt to update prices to reflect the current prices of each product accurately, but reserves the right to charge the correct current price where such listing may be incorrect.

Tax and other charges are included in the prices on this website.

A delivery charge will be applicable where delivery is applicable. This delivery charge is a standard charge, but MNI reserves the right to charge a higher delivery charge in the event that a package needs to travel further or is of a larger weight or awkward shape, or for any other reason.

Before checking out, you will be asked to input your delivery address in order to ascertain whether delivery is applicable to your area.

If delivery is not available, your order will need to be collected at your own cost.

While MNI will always do its utmost to ensure that estimated delivery times are adhered to, MNI makes no warranties in this respect and will not be held liable for any injury, loss or damage suffered as a result of the early or late delivery of any order.

While MNI strives to provide excellent quality products and services, there is the possibility that certain deliveries arrive and are not what was ordered or not what was expected or are, for any other reason, not of suitable quality or standard. In this event, the provisions of the Consumer Protection Act 68 of 2008 shall be applicable and buyers shall have all rights that are enumerated therein and no others. A copy of this Act can be found here: https://www.gov.za/documents/consumer-protection-act.

MNI makes no warranty that the link provided above will provide the most up to date version of the legislation concerned nor that such link will always be functional. Should you be in any doubt, you are advised to ascertain the current legal position with regards to consumer laws or any other applicable laws.

Users must be at least 18 years of age and/or have contractual capacity before they may use the online store. By making use of the online store, you warrant that you are of legal capacity and can legally conclude such a transaction.

Returns and refunds policy

If you are for any reason dissatisfied with an item purchased, you may return it to the Medical Nutritional Institute for a full refund, replacement or exchange, provided you have the original tax invoice, and items are returned within 6 (six) months of purchase, provided that the product has not expired within such time.

Should you not have an invoice, we will be happy to exchange your purchase at the sold price.

The re-selling of a medicine which has been returned is prohibited. The Medical Nutritional Institute will accordingly not accept the return of any medicine for credit or replacement unless there is a defect in the medicine or its packaging at the time of supply, or if an incorrect medicine has been delivered. This applies to Vitamins as well due to the temperature requirements, unless a defect has been discovered upon opening.

We do not guarantee that you will be automatically refunded.  The decision to refund is solely at the discretion of the management, having inspected the condition of the item returned.

We shall refund the customer by EFT after receiving bank account details.

Please note we will not accept any returns of any products of which the packaging has been removed, opened or tampered with.

Cancellations

If for any reason you would like to cancel an order you may contact our Customer Services Centre on 011 465 8697.  While any cancellation of orders will be accepted at our sole and absolute discretion and we provide no warranty that any cancellation of any order will be accepted, any cancellation which we do accept will only be accepted in the event that you notify us of your intention to cancel prior to dispatch of the order in question.

We reserve the right to debit your payment card for the delivery fees in respect of any cancellations. If you cancel your payment for any reason or if your payment card should cease to be valid for whatever reason, you will nevertheless be bound to pay to the full purchase price, including all costs incurred by us relating to the recovery thereof. Without prejudice to any other rights or remedies in law, we reserve the right to cancel forthwith any sale and/or your registration in the event of your breach any of the Terms.

Payment mechanisms

In order to make purchases through the online store, users will need to checkout and will be directed to a safe payment mechanism and will need to input the required information in order to process the transaction.

No orders will be processed until the payment has been confirmed and transacted successfully.

The MNI online store uses PayFast as a payment gateway. PayFast accepts credit and debit cards to purchase products on our online store.

The prices of the products listed on the online store includes 15% VAT.

A delivery fee of R40 will be charged, regardless of the amount of products purchased.

While MNI makes every effort to make use of the best service providers, including those providing payment gateways, MNI makes no warranty that such platforms and mechanisms are not susceptible to hacking or other forms of invasion which could result in injury, loss or damage, for which MNI will not be held liable.

Making use of the online store, including payment methods, is done at each user’s own risk.

Users, by making use of the online store, also warrant that the details and information provided in order to make purchases is both true and accurate and that they are authorised, either by being the account holder or being duly authorised by the account holder, to use the account and/or credit and/or debit card being used to process the transaction.

MNI will not be held liable for injury, loss or damage caused as a result of individuals or entities committing fraud or other crimes through the use of this website such as unauthorised use of credit and/or debit cards.

Intellectual property rights

All copyright and other intellectual property rights, of whatever nature, in all content, trademarks, software, data, text, graphics, logos, databases, icons, hyperlinks, posts and any other content or material on this website are the property of MNI or are licensed to MNI.

Users who make any contributions to this website do so on condition that such contributions, in whatever form they exist, immediately once they have been transmitted, become the property of MNI and MNI may make unlimited use of such contributions.

MNI reserves any and all of its rights, even where not expressly included in these terms and conditions, including intellectual property rights.

Amendments

MNI reserves the right, at any time, to make amendments to these terms and conditions.

These amendments shall be published on this website and shall be binding as soon as they have been published.

It is the user’s responsibility to ensure that, at any given point in time, the user is acquainted with the most current and up to date set of terms and conditions.

Governing law

The interpretation, implementation and enforcement of these terms and conditions shall be governed by the prevailing law of the Republic of South Africa.