Terms and Conditions
Furthermore, by ordering any of our Products you agree to be bound by these Terms.
You should print a copy of these Terms for future reference.
Nothing contained in these Terms affects your statutory rights.
1. Information about us
a. www.provenprobiotics.co.za is a site operated by ATKA SA – Cross Channel Marketing Specialists, 2009/000897/07 and VAT number: 4850263320, whose registered office and trading address is at 17 Mimosa St, Wilro Park, Roodepoort
b. References in these Terms to “we”, “our” or “us” means ProVen Probiotics.
c. “ProVen” is a RSA registered trademark.
2. Your status
a. You should always seek the advice of a doctor or other healthcare professional with any questions you may have regarding a medical condition and should never disregard professional medical advice or delay seeking professional medical advice because of information contained on this site.
b. If you are taking any prescription medicine, please consult your doctor or pharmacist before using supplements.
c. By placing an order through our site, you warrant that:
i. you are over 18 years of age;
ii. you are legally capable of entering into binding contracts and all the information you have provided to us is true and accurate;
iii. you possess a valid credit or debit card (“Payment Card”) issued by a bank acceptable to us. We accept payments with the following credit or debit cards: Mastercard, Masterpass, Visa & Instant EFT. See clause 10 for further payment details; and
iv. you have sufficient funds to cover the cost of the Products.
3. Our products
a. The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the images accurately, your Products may vary slightly from those images.
b. The packaging of the Products may vary from that shown on images on our site.
4. Use of our website
a. Use of our site is governed by our Terms and Conditions. Please take the time to read these, as they include important terms, which apply to you.
b. If you are dissatisfied with the ProVen Probiotics website and its content, it is your sole responsibility to stop using it.
c. Changes to our site
We may update our site from time to time and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
d. Accessing our site
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
You are responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and conditions and other applicable terms and conditions and that they comply with them.
e. Your account and password
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must notify us at email@example.com
f. Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
g. No reliance on information
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
h. Limitation of our liability
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by South African law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
– use of, or inability to use our site; or
– use of or reliance on any content displayed on our site.
If you are a business user, please note that in particular, we will not be liable for:
– loss of profits, sales, business, or revenue;
– business interruption;
– loss of anticipated savings;
– loss of business opportunity, goodwill or reputation; or
– any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked to our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
i. Uploading content to our site
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy below.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy below.
The views expressed by other users on our site do not represent our views or values.
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes, and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material, which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offense under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
k. Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy below.
If you wish to make any use of the content on our site other than that set out above, please contact firstname.lastname@example.org
l. Third-party links and resources in our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
5. Acceptable use policy
This acceptable use policy sets out the terms between you and us under which you may access our site. This acceptable use policy applies to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our Terms and Conditions.
a. Prohibited uses
You may use our site only for lawful purposes. You may not use our site:
– In any way that breaches any applicable local, national or international law or regulation.
– In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
– For the purpose of harming or attempting to harm minors in any way.
– To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below.
– To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
– To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
– Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Terms and Conditions.
– Not to access without authority, interfere with, damage or disrupt:
– any part of our site;
– any equipment or network on which our site is stored;
– any software used in the provision of our site; or
– any equipment or network or software owned or used by any third party.
b. Interactive services
We may from time to time provide interactive services on our site, including, without limitation:
– Chat rooms.
– Bulletin boards.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
You must be 18 years of age or older to use our interactive services.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
c. Content standards
These content standards apply to any and all material which you contribute to our site (“contributions”) and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
– Be accurate (where they state facts).
– Be genuinely held (where they state opinions).
– Comply with applicable law in the RSA and in any country from which they are posted.
Contributions must not:
– Contain any material which is defamatory of any person.
– Contain any material which is obscene, offensive, hateful or inflammatory.
– Promote sexually explicit material.
– Promote violence.
– Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
– Infringe any copyright, database right or trademark of any other person.
– Be likely to deceive any person.
– Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
– Promote any illegal activity.
– Be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
– Be likely to harass, upset, embarrass, alarm or annoy any other person.
– Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
– Give the impression that they emanate from us, if this is not the case.
– Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
d. Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the Terms and Conditions upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
– Immediate, temporary or permanent withdrawal of your right to use our site.
– Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
– Issue of a warning to you.
– Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
– Further legal action against you.
– Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
e. Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
6. How we use your personal information
7. Availability of products
a. All Products shown on our website are subject to availability.
b. If for any reason beyond our reasonable control we are unable to supply the Products or any part of an order to you we will notify you at the earliest opportunity by email to the email address you have provided to us.
c. If any of the Products are out of stock we will try to specify this on our website. If however, you place an order for Products, which we subsequently discover to be out of stock, we will inform you of this by email and we will not process your order.
8. Right to cancel
a. Under the Distance Selling Regulations, as a consumer you have the right to cancel Products ordered via our site within fourteen (14) days of the date of the date of the Dispatch Confirmation.
b. If you wish to exercise your right to cancel your order, you need to inform us in writing (in accordance with clause 8.3) within fourteen (14) days of the date of the Dispatch Confirmation. In this case, you will receive a full refund of the price paid for the Products subject to your compliance with our refunds policy (set out in clause 13).
c. In order to cancel a Contract, you must inform us in writing by post or email and returning the Products. All returns will be at your own cost and you will be responsible for the Products until we receive them. You have a legal obligation to take reasonable care of the Products while they are in your possession and we would advise that you should obtain a certificate of posting from the Post Office or send the Products back via Special Delivery.
d. The Products should be returned to us at the following address: ProVen Probiotics, PO BOX 1047, Houghton, South Africa
a. The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, if we discover an error in the price of Products you ordered, please see clause 9e. for what happens in this event.
b. The price of all Products includes VAT at the applicable current rate chargeable in the RSA for the time being.
c. The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site and may change from time to time. To check relevant delivery charges, please refer to the Delivery & Tracking from your email confirmation.
d. We may from time to time offer discounts, special offers or promotions in relation to the price of any of the Products. We will endeavour to specify the length of time for which such discounts, special offers or promotions will be available, but please note that these will be subject to stock availability. The provider will use discretion to decide which offers to promote at anytime and no offer will run in conjunction with another offer.
e. If we discover an error in the pricing of your order and it was a genuine and honest mistake on our part that you should have noticed, we will work with you to find a solution, but will not automatically be expected to honour the order at the wrong price.
f. Black Friday offers are not applicable to practitioners due to the discounting structure Proven already has in operation.
a. Payment for the Products and all applicable delivery charges is in advance. Total amount to pay will be specified at the time of your order and this amount will reflect whether it is a single payment as a one-off or made up of recurring payments, based on our ‘Subscribe and Save’ options.
b. Credit/debit cards accepted: Mastercard, Masterpass, Visa & Instant EFT
c. We do not accept American Express.
d. We do not bill for credit card fee
e. We do not accept cash.
f. Subscription prices are subject to change in line with our RRP. Notification of this will be reflected in the change of price at the time of your designated recurring payment period, which will be notified to you via email.
a. Delivery will be made to the address specified by you in the order. Please be aware, the delivery address will automatically default to the billing address you have entered for your Payment Card. There is an option to change the delivery address during the checkout process should you wish us to deliver to an alternative address. Please note the delivery address cannot be changed once the order has been received by us. All deliveries are by courier and you must specify and pay for the required service when placing your order.
b. We will endeavour to deliver to customers within the South Africa as follows:
i. Within 3-5 working days (i.e. Monday to Friday, excluding weekends and RSA public holidays) after we receive your order.
c. Dispatch times may vary according to availability. Delivery times are dependent upon the courier service and therefore subject to any postal delays or events outside of our control for which we shall not be responsible.
d. We will not deliver to a post office box (PO Box) address. We also reserve the right not to deliver to a communal post office address. The address supplied by you must have a valid postcode.
e. Any tracking numbers we provide for courier delivery services are only valid to the delivery destination stated on the order.
f. We do not provide a freight forwarding service. If you choose to forward your goods after they have reached the delivery destination stated on the order, you do so at your own risk and need to arrange your own delivery service and tracking number(s). We do not accept responsibility or liability for any damage or loss to the package or its contents after it has arrived at the address stated on the order.
12. Refunds / defective products
If you are not entirely happy with any of the ProVen Probiotics products you have purchased, please notify us by phone, email or letter within fourteen (14) of receiving your goods and return the product by recorded post within 30 days for a full refund. This guarantee is applicable to any individual product that you have purchased in the RSA. Your statutory rights are not affected.
13. Our liability
a. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
b. We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
c. We do not in any way exclude or limit our liability for:
i. death or personal injury caused by our negligence;
ii. fraud or fraudulent misrepresentation;
iii. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
iv. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
v. defective products under the Consumer Protection Act 1987.
14. Right to Vary these Terms and Conditions
a. We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
b. You will be subject to the Terms in force at the time that you order Products from us, unless any change to these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to these Terms before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within seven working days of receipt by you of the Products).
c. Please check this page from time to time to take notice of any changes we have made, as they are binding on you.
15. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control including acts of God, fire, flood, severe weather, explosion, war, act of terrorism, industrial dispute (whether or not involving our employees), or acts of local or central government or other competent authorities, or for non-availability of materials or other items from our suppliers. Such failure shall not be regarded as a breach of obligations and/or the Contract until such time (if any) as we shall be able to perform such obligations and do not do so.
If any of these Terms are held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms which will continue to be valid and enforceable to the fullest extent permitted by law.
17. Governing law and jurisdiction
All Contracts for the purchase of Products through our site will be governed by the Laws of South Africa. Any dispute arising from, or related to, such Contracts shall be subject to the jurisdiction of the courts of South Africa. You agree, as we do, to submit to the exclusive jurisdiction of the courts of South Africa in the event of any dispute.