Entering the Site/App will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Site/App.
About us
This Site/App is operated by Higher Inner Health Pty Ltd a registered South African company.
Discrimination
We do not discriminate because of age, race, national origin, gender, sexual orientation or religion.
Privacy
Please review our Privacy and Security Policy which also governs your visit to the Site/App. To the extent there is a conflict between the terms of the Privacy and Security Policy and the Terms and Conditions, the Terms and Conditions shall govern.
Copyright
You acknowledge that the Site/App contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the South Africa copyright laws and other international copyright treaties, and we own a copyright and/or database right in the selection, coordination, arrangement, presentment and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under copyright laws, your legal rights in relation to “fair dealing” under European copyright law, or your legal rights under any other similar copyright law, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.
Nothing contained on the Site/App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site/App or any information displayed on the Site/App, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site/App.
Trademarks
Higher Inner Health and other marks which may or may not be designated on the Site/App by a “™” “®” “SM” or other similar designation, are registered, pending or unregistered trademarks or service marks of Higher Inner Health Pty Ltd, in South Africa and other countries. Our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Higher Inner Health Pty Ltd. Higher Inner Health Pty Ltd’s trademarks and trade dress may not be used in connection with any product or service that is not Higher Inner Health Pty Ltd’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Higher Inner Health Pty Ltd. All other trademarks not owned by us that appear on the Site/App are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Higher Inner Health Pty Ltd.
Site/App Access
You may not download (other than page caching) or modify the Site/App or any portion of it without our express, prior written consent. This includes: a prohibition on any resale or commercial use of the Site/App or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of the Site/App or its Content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The Site/App or any portion of the Site/App may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Higher Inner Health Pty Ltd or its Associates without our express, prior written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express, prior written consent.
Your Account
If you use the Site/App, you are responsible for maintaining the confidentiality of the information you submit through “My Account” and the corresponding password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under “My Account” or password. We reserve the right to refuse service, terminate accounts and to remove or edit content submitted by you in the “My Account” area of the Site/App.
Links
We are not responsible for the content of any sites that may be linked to or from the Site/App or any bulletin board associated with us or the Site/App. These links are provided for your convenience only and you access them at your own risk. Unless otherwise noted, any other website accessed from the Site/App is independent from us, and we have no control over the content of that other website. In addition, a link to any other website does not imply that we endorse or accept any responsibility for the content or use of such other website.
In no event shall any reference to any third party or third-party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.
Disclaimers & Limitations of Liability
The Site/App is provided on an “AS IS,” “as available” basis. Neither Higher Inner Health Pty Ltd, nor its Associates warrant that use of the Site/App will be uninterrupted or error-free. Neither Higher Inner Health Pty Ltd, nor its Associates warrant the accuracy, integrity, or completeness of the Content provided on the Site/App, or the products or services offered for sale on the Site/App. Further, Higher Inner Health Pty Ltd makes no representation that Content provided on the Site/App is applicable or appropriate for use in locations outside of the South Africa. Higher Inner Health Pty Ltd specifically disclaims warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by Higher Inner Health Pty Ltd or its Associates shall create a warranty. You expressly agree that your access to, viewing of, browsing, visiting or use of the Site/App is at your sole risk.
Under no circumstances shall Higher Inner Health Pty Ltd or its Associates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site/App, including but not limited to reliance by a user on any information obtained at the Site/App, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Higher Inner Health Pty Ltd records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if an authorized representative of Higher Inner Health Pty Ltd has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content, merchandise, and services available through the Site/App.
Although we take steps to ensure the accuracy and completeness of product and third-party service descriptions posted on the Site/App, please refer to the manufacturer or associates for details.
The products on our Site/App are intended for personal, not commercial or business use, unless otherwise indicated. As such, you assume the risk when purchasing products for a commercial or business use or application.
Online Conduct
You agree to use the Site/App only for lawful purposes. You are prohibited from posting on or transmitting through the Site/App any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law. You agree not to harass, advocate harassment, or to engage in any conduct that is abusive to any person or entity. You are prohibited from sending or otherwise posting unauthorized commercial communications (such as spam) through the Site/App. If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive User Content provided by you (e.g., through an author chat, online review, or participation in our community tab), we may (but without any obligation) investigate the allegation and determine in our sole discretion whether to remove or request the removal of such User Content from the Site/App. We may disclose any User Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site/App; or (iii) to protect the rights or property of Higher Inner Health Pty Ltd, its Associates, our users, and customers and/or you.
We reserve the right to prohibit conduct, communication, or Content that we deem in our sole discretion to be unlawful or harmful to you, the Site/App, Site/App users, our customers, or any rights of Higher Inner Health Pty Ltd or any third party. Notwithstanding the foregoing, neither Higher Inner Health Pty Ltd nor its Associates can ensure prompt removal of questionable Content after online posting. Accordingly, neither Higher Inner Health Pty Ltd, nor its Associates assume any liability for any action or inaction with respect to conduct, communication, or Content on the Site/App.
Your user content posted on the site
For any information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “User Content”), sent, transmitted, or uploaded by you on the Site/App, you agree to grant (i) us and our respective contractors and business partners a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license in perpetuity to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution; and (ii) subject to the restrictions set forth in these Terms and Conditions, all users an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each user’s personal, non-commercial use. You understand that all your User Content may be visible to, sent to, and viewed by all other users of the Site/App, and you expressly waive any privacy rights you may otherwise have to your User Content. You agree to allow us, if we elect in our sole discretion, to email your User Content to other users.
You are solely responsible for your User Content and for the resolution of any disputes that arise between you and any other entity or individual because of your User Content. You agree not to post, upload, or transmit any User Content that violates the intellectual property rights of any third party including: copyright, patent, trademark, trade secret, publicity or privacy rights, or any other proprietary right of any party. You understand and agree that we do not monitor but reserve the right to review and delete any User Content for any or no reason, including but not limited to User Content that, in our sole discretion, (i) violates these Terms and Conditions, (ii) is offensive or illegal, or (iii) may harm, violate the rights of or threaten the safety of any User and/or any other individual or entity.
Your consent for notices we send you
You agree that we have the right to send you certain information in connection with the Site/App. We may send you this and any other information in electronic form to the e-mail address you specified when you created an account through the Site/App or with any subdivisions of the Site/App such as Community, etc. You may have the right to withdraw this consent under applicable law, but if you do, we may cancel your rights to the Site/App. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. If you access and use the Site/App, you agree that you will have, or have access to, the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you agree to stop using or accessing the Site/App.
Termination of Usage
We may terminate your access or suspend your right to access to all or part of the Site/App, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions or is harmful to the interests of other users, Associates, or us. In addition, we reserve the right to refuse transacting with any customer in our sole discretion.
Usage by minors
This Site/App is not intended for or directed to persons who are minors (typically persons under the age of 18, depending on where you live). Because we cannot prohibit minors from accessing, viewing, browsing, visiting, or using the Site/App, we must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase. By registering with this Site/App, purchasing products from us or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) or, if you are under the legal age of consent, you have the express permission from your parent or guardian and that any information you provide to us is not inaccurate, deceptive or misleading.
We require that all transactions be made either (i) by individuals who are not minors and who can legally enter binding contracts (typically persons 18 years of age or older, depending on where you live), or (ii) by minors with the permission of a parent or guardian to purchase items on the Site/App.
Applicable Law
If you access the Site/App from anywhere in the world, you agree that the laws of South Africa, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Higher Inner Health Pty Ltd and/or its Associates.
Disputes
If you access the Site/App from within South Africa, any dispute relating in any way to your visit to the Site/App, to these Terms and Conditions, to our Privacy and Security Policy, to our advertising or solicitation practices or to products you purchase through the Site/App shall be submitted to confidential arbitration in South Africa, except that, to the extent you have in any manner violated or threatened to violate Higher Inner Health Pty Ltd’s intellectual property rights, Higher Inner Health Pty Ltd may seek injunctive or other appropriate relief in any country or court in the world and you consent to exclusive jurisdiction and venue in such courts. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
Prices and availability of products
Prices and availability of products on the Site/App are subject to change without notice. Errors will be corrected when discovered. Our Site/App contains many products/services, and it is always possible that, despite our best efforts, some of the products/services listed on our Site/App may be incorrectly priced. We will normally verify prices as part of our due diligence procedures so that, where a product’s correct price is less than our stated price, we will charge the lower amount when selling the product to you. If a product’s correct price is higher than the price stated on our Site/App, we will normally, at our discretion, either contact you for instructions before providing the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error.
On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an Order Confirmation without penalty.
On very rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available in our or our third-party fulfilment provider’s inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.
Currency conversions are estimated and should be used for informational purposes only.
Shipping
All packages sent have a separate tracking number and may be followed on the Order Status page. You agree that credit cards and debit cards are to be charged on the date of inventory reservation for the order, not the date of shipping.
Risk of Loss
All items purchased from Higher Inner Health are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the carrier.
Distance selling regulations
If you are contracting as a consumer, you may cancel an order that we have accepted at any time within seven working days, beginning on the day after you received the products. In this case, you will receive a full refund of the price paid for the products. Please note you must return the product to us and must pay the cost of returning the product to us under the applicable return policy, unless the product(s) are not those you ordered, in which case we will bear your costs of returning the product(s) in question to us.
You will not have the right to cancel an order under these provisions for audio or video recordings or computer software where you (or someone else following delivery to the delivery address you provided) have or has unsealed the package [or, where the product is provided in electronic format, where you or (or someone else following delivery as requested by you) has downloaded the content].
To cancel an order, you must inform us by email. You must also return the product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
Delivery Times
Your order will be fulfilled by the delivery date set out in the Shipping Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Shipping Confirmation, which could in exceptional circumstances be longer than 48 hours.
Disclaimers of Warranty and Limitations of Liability
To all international customers only, we warrant to you that, where you buy a product as a consumer, any product purchased from us through our Site/App is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied and will conform with description or sample.
Our liability for losses any international customer suffers because of us breaking these Terms and Conditions or anything else we do or do not do in connection with any order is strictly limited to the purchase price of the product you purchased and any losses which are a foreseeable consequence of us breaking the Terms and Conditions. Losses are foreseeable where they could reasonably be contemplated by the parties at the time your order is accepted by us.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable, including but not limited to: (a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings; (e) loss of data; or (f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.
Other than the warranties and other assurances we give you in these Terms and Conditions, Higher Inner Health Pty Ltd specifically disclaims all warranties, conditions, and other terms of any kind, whether expressed or implied, including but not limited to implied terms of satisfactory quality or fitness for purpose. No oral advice or written information given by Higher Inner Health Pty Ltd shall create a warranty (unless made fraudulently).
Applicable Law
If you access the Site/App from anywhere other than South Africa, you agree that South African law will govern these Terms and Conditions and the purchase of products by you through the Site/App, and that any dispute of any sort that might arise between you and Higher Inner Health Pty Ltd or its affiliates and subsidiaries shall be subject to the exclusive jurisdiction of the courts of South Africa.