0

This website is operated by RecoMed. Throughout the site, the terms “we”, “us” and “our” refer to RecoMed. RecoMed offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”) These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website.  Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopstar Pty Ltd. They provide us with the online e-commerce platform that allows us to sell  products and services to you.

Iyeza Logistics is the RecoMed fulfilment partner and specializes in the collection and delivery of parcels.

The Account Holder/Purchaser hereby indemnifies RecoMed, its employees and/or agents of any liability for any failure to perform or delay in performance caused by events outside of the reasonable control of the organisations; including but not limited to: strikes, trade disputes, accidents, computer failure, breakdowns, power failures.

RecoMed will not be held liable for any loss or damage sustained by the Account Holder/Purchaser or any third party regarding either the application or this Facility Agreement.

RecoMed is not responsible for the packaging of the customer’s parcel/s and shall not, under any circumstances be liable for any loss or damage to a parcel/s which was not adequately and appropriately packaged to withstand the ordinary rigors and risk of courier transit and road transportation.

 

SECTION 1: ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent the minimum age by law to conclude this purchase.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your account.

 

SECTION 2: GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3: ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to
our site.

 

SECTION 4: MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice and include value added tax (VAT).

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5: PRODUCTS OR SERVICES (where applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6: ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7: OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 8: THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.  

SECTION 9: USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10: PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

 

SECTION 11: ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
 

SECTION 12: PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
 

SECTION 13: DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall RecoMed, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. 

 

SECTION 14: INDEMNIFICATION

You agree to indemnify, defend and hold harmless RecoMed and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
 

SECTION 15: SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.


SECTION 16: TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).  

 

SECTION 17: ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

 

SECTION 18: GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of South Africa.

 

SECTION 19: CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 20: CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@recomed.co.za.

 

SECTION 21: PRIVACY POLICY

RecoMed takes your privacy seriously. We’ve made our policy as clear as possible so you can rest assured that you’re in good hands.

Definitions

Child any natural person under the age of 18 years, who is not a legally emancipated minor and who is not, according to relevant legislation, legally competent to take any action or decision in respect of any matter concerning him/herself without the assistance and/or explicit or implicit consent of a competent person.

Cookies any small text files, created when a user’s browser loads a particular web-page. Cookies are located in browser directories and are used to authenticate user identities, to identify user preferences and to help improve user experience.

Personal Information any information relating to an identifiable, living, natural person, and where it is applicable personal information additionally refers to any identifiable, existing juristic person. This information includes, but is not limited to: information regarding one’s race gender, sex, pregnancy, nationality, ethnic origin, well-being, mental or physical health and language.

1. Introduction

Protecting user privacy is at the forefront of RecoMed’s core business principles. We have drafted this privacy policy as an extension of our mandate to protect your (the user) privacy. This Privacy Policy, from hitherto referred to as ‘the Privacy Policy’ or ‘our Privacy Policy’, clearly explains: What information we (RecoMed) will be collecting from you (the user), why we will be collecting said information stated and how we will use the information we collect.

2. Traffic Data Collected

We automatically track and collect the following categories of information when you visit our Site: (1) IP addresses; (2) domain servers; (3) types of computers accessing the Site; (4) types of web browsers used to access the Site; (5) referring source which may have sent you to the Site; and (6) other information associated with the interaction of your browser and the Site (collectively “Traffic Data”).

3. Exceptions

In certain instances we may use personal information that is either contained in a public record, has been deliberately made available to the public, that has been collected from another source and there is no plausible reason to assume that the collection of such information would be prejudicial to a legitimate interest you may have, or where collection of said personal information is necessary and has been collected from an external source, without any prior consent from you.

4. Interactive and Installed Tools

We also collect other information, some of which may be Personal Information that you voluntarily provide to us when you choose to use the RecoMed PPE Store services. We also collect information you provide voluntarily in free-form text boxes on the Site. 

5. Cookies

We may use small computer files that are transferred to your computer's hard drive that contain information while browsing the Site (“Cookies”) to help us improve our Site by tracking your navigation habits and to store some of your preferences. Generally, we use Cookies to customize your experience on our Site and to store your password so you do not have to re-enter it each time you visit the Site. Cookies do not allow our site to gain access to other information on your computer. At your option, expense and responsibility, you may block Cookies or delete Cookies from your hard drive. 

We do not link the information stored in these Cookies directly to any of your Personal Information you submit while on the Site.

6. Web Beacons

In limited circumstances we also may use tiny graphic image files imbedded in a web page or email that provide a presence on the web page or email and send back to its home server information from the user’s browser (“Web Beacons”) to collect anonymous, non-personal information about your use of our Services and the sites of selected sponsors and advertisers, and your use of emails, special promotions or newsletters we send to you. The information collected by Web Beacons allows us to statistically monitor how many people are using the Services and selected sponsors' and advertisers' sites, or opening our emails, and for what purposes.

7. Website Analytics

We may use third party website analytics services in connection with the Services, for example, to record mouse clicks, mouse movements, scrolling activity, as well as any text that you type into the Site. These website analytics services do not collect Personal Information that you do not voluntarily enter into the Site. These services do not track your browsing habits across websites which do not use their services. We use the information collected from these services to find usability problems to make the Services easier to use. The recordings will never identify you or your account; they only record anonymous user information.

8. Storage

We store all information related to traffic data and review postings for as long as it is necessary, relevant and for as long as we are authorized by the Protection of Personal Information Act of 2013. We will however, where it is necessary, continue to store certain information that is specifically relevant for historical, statistical or research purposes. We will within our available resources, take reasonable steps depending on the feasibility of such steps to ensure the protection of all traffic data from being used for other purposes.

9. Information Provided on Behalf of Children

As a responsible site, we will not process information concerning an individual that falls within the confines of the definition of a child- as articulated under our definitions section. We will however process such information in instances where: there is reasonable cause to believe that the information has been provided with the prior consent of a competent person, it is necessary to do so for historical, statistical or research purposes, or in instances where the processing or storage of stated information does not adversely affect the rights of the, ‘child’ in question.

10. RecoMed’s Use of Your Information

We may use your Personal Information to recommend certain products. We may use your contact data to send you information about RecoMed or our products or Services, to contact you when necessary. We may use your demographic and Traffic Data to customize and tailor your experience through the Services, in emails and in other communications, displaying content that we think you might be interested in and according to your preferences. We may also use your anonymized Personal Information to run (or authorize third parties to run) statistical research on individual or aggregate health or medical trends. Such research would only use your Personal Information in an anonymous manner that cannot be tied directly back to you.

11. Sharing of Information

We share certain categories of information we collect from you in the ways described in this Privacy Policy, including as described below:

  • In order to customize your advertising interactions, we may share Personal Information with marketing affiliates and other third parties only on an aggregate (i.e., anonymized) basis.

  • We may share your anonymized Personal Information with third parties to enable them to run statistical research on individual or aggregate health or medical trends.

  • We share Personal Information and Traffic Data with our business partners who assist us by performing core services (such as fulfillment, or data storage and security) related to our operation of the Services. Those business partners shall be bound to uphold the same standards of security and confidentiality that we have promised to you in this Privacy Policy, and they will only use your contact data and other Personal Information to carry out their specific business obligations to RecoMed and to provide your services.

  • We may share your contact data with our subcontractors to enable them to send you RecoMed promotional materials. These subcontractors will only use your contact data to send you RecoMed promotional materials.

  • We may share certain marketing metrics including, but not limited to, anonymized Personal Information and non-personal Information, with our business partners to help determine the effectiveness of certain advertising campaigns.

  • We may transfer information about you to another company in connection with a merger, sale or acquisition by or of RecoMed. In this event, we will use reasonable efforts to notify you before information about you is transferred and becomes subject to a different privacy policy. RecoMed does not share, sell, rent or trade your Personal Information with any third parties for their promotional purposes.

12. Confidentiality and Security

Except as otherwise provided in this Privacy Policy, we will keep your Personal Information private and will not share it with third parties, unless we believe in good faith that disclosure of your Personal Information or any other information we collect about you is necessary to: (1) comply with a court order or other legal process; (2) protect the rights, property or safety of RecoMed or another party; (3) enforce our Terms and Conditions; or (4) respond to claims that any posting or other content violates the rights of third-parties.

13. Public Information

In certain instances we may use personal information that is either contained in a public record, has been deliberately made available to the public, that has been collected from another source and there is no plausible reason to assume that the collection of such information would be prejudicial to a legitimate interest you may have, or where collection of said personal information is necessary and has been collected from an external source, without any prior consent from you.

16. Security

The security of your Personal Information is important to us. We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. For example, when you enter sensitive information on our Site, we encrypt that information using secure socket layer technology (“SSL”).

Although we make good faith efforts to store Personal Information in a secure operating environment that is not open to the public, you should understand that there is no such thing as complete security, and we do not guarantee that there will be no unintended disclosures of your Personal Information. If we become aware that your Personal Information has been disclosed in a manner not in accordance with this Privacy Policy, we will use reasonable efforts to notify you of the nature and extent of the disclosure (to the extent we know that information) as soon as reasonably possible and as permitted by law.

17. Lost or Stolen Information

You must promptly notify us if your contact data is lost, stolen, or used without permission. In such an event, we will remove that contact data from your account and update our records accordingly.

18. Updates and Changes to Privacy Policy

We reserve the right, at any time, to add to, change, update, or modify this Privacy Policy so please review it frequently. If we do, then we will post the amended Privacy Policy on the Site; we may also attempt to notify you in some other way. In all cases, use of information we collect is subject to the Privacy Policy in effect at the time such information is collected.

19. Controlling Your Personal Information

As a registered user of the Services, you can modify some of the Personal Information you have included in your profile or change your username by logging in and accessing your account. Upon your request, RecoMed will use commercially reasonable efforts to delete your account and the Personal Information in your profile; however, it may be impossible to remove your account without some residual information being retained by RecoMed. RecoMed has no obligation to delete any data or information you provide on a Medical History Form following termination of your account or the account of any Provider to whom your Medical History Form was submitted through the Services. Registered users who wish to close their account should email: privacy@recomed.co.za.

20. Contacts

If you have any comments, concerns or questions about this Privacy Policy, please contact us at privacy@recomed.co.za 

THIS PRIVACY POLICY HAS BEEN DRAFTED IN LINE WITH THE PROVISIONS OF THE PROTECTION OF PERSONAL INFORMATION ACT OF 2013.

BY USING THE SITE, SERVICES, AND/OR BY REGISTERING WITH US, YOU ACCEPT THE PRACTICES AND POLICIES OUTLINED IN THIS PRIVACY POLICY, AND YOU HEREBY CONSENT THAT WE WILL TRACK, COLLECT, USE, AND SHARE YOUR INFORMATION IN THE FOLLOWING WAYS. IF YOU ARE REGISTERING AN ACCOUNT OR USING THE SERVICES ON BEHALF OF AN INDIVIDUAL OR ENTITY OTHER THAN YOURSELF, YOU REPRESENT THAT YOU ARE AUTHORIZED BY SUCH INDIVIDUAL OR ENTITY TO ACCEPT THIS PRIVACY POLICY ON SUCH INDIVIDUAL'S OR ENTITY'S BEHALF.

 

SECTION 22: RETURNS POLICY

Items purchased will be replaced subject to verification if the incorrect item was delivered.

Full liability will not be assumed for damaged goods. We will however review on a case by case basis including the extent and root cause of damage.