"Supplier/Store" means a third party seller of goods and services from whom the Customer will receive their purchased product.
"Purchase" means the purchase of a product offered on the website.
"Products" means goods and/or services offered by a particular Supplier/Store which are described as part of an offer on the website.
“Website" means the www.motherschoice.co.za website and any Microsite.
“Customer” means any person who purchases a Product from the website.
This Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. Amendments to this agreement can be made and effected by us from time to time without specific notice to you.
The agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site. We reserve the right to amend these Terms and Conditions at any time and without any prior notice being given to Customers. You may terminate this Agreement by written notice to us (by post or by email) if you do not wish to be bound by such new terms and conditions.
However, continued use of the Service or the Website will be deemed to constitute acceptance of the new terms and conditions.
Use of the site and prohibitions
The Site allows you to shop online. However, you are prohibited to use our site, including its services and/or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services or tools. By using the Website and/or the Service you warrant that you are 18 years of age or older and that you have legal capacity to conclude this Agreement with us.
For you to complete the sign-up process on our site, you must provide your full legal name, a valid email address, and any other information needed in order to complete the sign-up process. You confirm that you are 18 years or older and will be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. Please note that you are entirely responsible for any loss or damage you may suffer if you do not maintain the confidentiality of your password and an unauthorised person is able to access your account.
You must not transmit any worms or viruses or any code of a destructive nature. We reserve the right to prevent you using the Website and the Service (or any part of them) and to prevent you from making any Purchase.
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
We cannot always ensure stock availability at the time of the Purchase however we will ensure we provide the Customer with their purchased product once the product is in stock and within a reasonable time. Should the purchased product fail to come into stock within a reasonable period, you will receive a full refund.
This policy covers all users who register to use the website. It is not necessary to purchase anything in order to gain access to the searching facilities of the site. Please read it here.
We have taken the appropriate measures to ensure that your personal information is not unlawfully processed. MOTHER'S CHOICE uses industry standard practices to safeguard the confidentiality of your personal identifiable information, including ‘firewalls’ and secure socket layers.
During the payment process, we ask for personal information that is used purely to process your order.
MOTHER'S CHOICE DOES NOT store any of your credit card information.
CONDITIONS OF USE
MOTHER'S CHOICE and its affiliates provide their services to you subject to these Terms and conditions. If you visit our shop at www.motherschoice.co.za you accept these conditions. Please read them carefully, MOTHER'S CHOICE controls and operates this site from its offices within South Africa. The laws of South Africa govern claims relating to and including the use of, this site and materials contained.
All content included on the site such as text, graphics logos, button icons, images, audio clips, digital downloads and software are all owned by MOTHER'S CHOICE and are protected by international copyright laws.
LICENSE AND SITE ACCESS
MOTHER'S CHOICE grants you a limited license to access and make personal use of this site. This license does not include any resale for commercial use of this site or its contents, any collection and use of any products, any collection and use of any product listings, descriptions or prices, any derivative use of this site or its contents, any downloading or copying of account information for the benefit of another merchant or any use of data mining, robots or similar data gathering and extraction tools.
This site may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial reason without the express written consent of MOTHER'S CHOICE.
We do not warrant that your use of the Service or the Website will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Service or the Website will be transmitted accurately, reliably, in a timely manner or at all.
We do not give any warranty that the Service or the Website is free from viruses or anything else which may have a harmful effect on any technology.
Prices for all products on this site include VAT.
PAYMENTS AND PROCESSES OF INVIOCES
MOTHER'S CHOICE has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by MOTHER'S CHOICE prior to the acceptance of a product order.
A payment confirmation will be sent to the customer once payment has been made and an order confirmation will be sent to you once the order has been processed.
An order may be invoiced separately. MOTHER'S CHOICE has the discretion to cancel or deny orders without any reason being provided to the Customer. MOTHER'S CHOICE is not responsible for pricing, typographical or other related errors in any offer by MOTHER'S CHOICE and reserves the right to cancel any orders arising from such errors.
Online Payments: MyGate Payment Gateway
All online payments are processed by the MyGate Payment Gateway. Consumers may go to www.mygate.co.za to view MyGate’s security policies.
PRODUCT PRICING & DESCRIPTIONS
The List Price displayed for products on our website represents the full retail price listed on the product itself. We do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. If a product offered in our website is not as described, it is the customer’s responsibility to query this with MOTHER'S CHOICE via our contact details.
EDITING, DELETING AND MODIFICATION
We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. Your continued participation in our program, visit and shopping in our site following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change.
ACKNOWLEDGMENT OF RIGHTS
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that you will not acquire any right, title or interest in or to the Site except as expressly set forth in this Agreement.
You will not modify, adapt, translate or prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
THE CUSTOMER’S OBLIGATIONS
You warrant that all information provided during the course of this Agreement is true, complete and accurate and that you will promptly inform us of any changes.
It is your responsibility to ensure that any products, services or information available through the Website or the Service meet your specific requirements.
Without limitation, you undertake not to use or permit anyone else to use the Service or Website:
to send or receive any material which is not civil or tasteful;
to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
to send or receive any material for which you have not obtained all necessary licences and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
to cause annoyance, inconvenience or needless anxiety;
to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
for a purpose other than which we have designed them or intended them to be used;
for any fraudulent purpose;
other than in conformance with accepted Internet practices and practices of any connected networks; or
in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
The following uses of the Service (and Website) are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:
furnishing false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
attempting to circumvent our security or network including accessing data not intended for you, logging into a server or account you are not expressly authorised to access, or probing the security of other networks (such as running a port scan);
executing any form of network monitoring which will intercept data not intended for you;
sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further email;
creating or forwarding "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings;
sending malicious email, including flooding a user or site with very large or numerous emails;
entering into fraudulent interactions or transactions with us or a Supplier (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Website and Service.
Fraudulent activities are highly monitored in our site and if fraud is detected MOTHER'S CHOICE shall utilise all remedies available to us to prevent or stop such fraud and shall pursue legal action against the fraudulent customer/s and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
You agree not to disclose information you obtain from us and/or from our clients, advertisers and suppliers. All information submitted to us by an end-user customer pursuant to a Program is proprietary information of MOTHER'S CHOICE.
Such customer information is confidential and may not be disclosed. The publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
Failure of MOTHER'S CHOICE to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
This Agreement shall be governed by and construed in accordance with the substantive laws of South Africa, without any reference to conflict-of-laws principles.
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of South Africa, to the exclusion of any other courts without giving effect to its conflict of law’s provisions or your actual state or country of residence.
The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.
Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into this Agreement (unless such untrue statement was made fraudulently or was as to a matter fundamental to a party’s ability to perform this Agreement) and that party’s only remedies shall be for breach of contract as provided in this Agreement. However, the Service is provided to you under our operating rules, policies, and procedures as published from time to time on the Website.
The website may contain links to third-party websites and resources (“linked sites”). These linked sites are provided solely as a convenience to you and not as an endorsement by MOTHER'S CHOICE. MOTHER'S CHOICE makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of the linked site or any content, software, service or application found at any linked site. MOTHER'S CHOICE may receive payments and/or commissions from operators of linked sites in relation to goods or services supplied by the operator as a result of you linking to the third party website from the MOTHER'S CHOICE website.
MOTHER'S CHOICE encourages and agrees to your linking to the Home page through a plain text link on your website or any other page or social networking website without the need for agreement between yourself and MOTHER'S CHOICE.
LIMITATION OF LIABILITY
If MOTHER'S CHOICE is found responsible for any damages, MOTHER'S CHOICE is responsible for actual damages suffered only and only such damages that were suffered as a direct result of MOTHER'S CHOICE’s conduct or negligence. In no event shall MOTHER'S CHOICE be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the website.
You shall indemnify us against each loss, liability or cost incurred by us arising out of:
any claims or legal proceedings which are brought or threatened against us by any person arising from your use of the Service or Website, the purchasing of a product, the use of the Service or Website through your password or any breach of this Agreement by you. These losses include but are not limited to loss of revenue, loss of actual or anticipated profits, loss of contracts, loss of the use of money, loss of anticipated savings, loss of business, loss of opportunity, loss of good will, loss of reputation, loss of damage to or corruption of data; or any indirect or consequential loss.
GENERAL CONDITIONS OF SALE
The following Conditions of Sale shall apply to any product sold on this website. These Conditions of Sale constitute a complete and exclusive statement of the agreement and understanding between you and MOTHER'S CHOICE with respect to the subject matter hereof.
a. The products offered under this Agreement shall be of normal quality.
b. The products available on the website for sale under these Conditions of Sale are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years nor any other person legally prohibited from entering into a binding contract. By placing your order you are verifying to MOTHER'S CHOICE that you are able to make a legally binding contract.
c. Your order is an offer by you to purchase a particular product for the price specified on the website at the time of offer and shall be understood to be placed under these Conditions of Sale.
d. These Conditions of Sale may change from time to time and you are required within reason to revisit these before placing your order to ensure that these Conditions of Sale have not changed.
e. MOTHER'S CHOICE reserves the right to accept or reject your offer for any reason, including, without limitation, an error in the product description or an error in your order. Your contract with MOTHER'S CHOICE only comes into existence when MOTHER'S CHOICE forwards you an email containing a receipt of your order in the form of the "Payment confirmation" and "Order confirmation" containing your payment details and order details.
f. This contract shall be governed by and construed in accordance with the law in effect in South Africa and by entering into contract both parties are accepting the jurisdiction of the courts of South Africa in relation to any dispute between them.
g. You are required to inspect the goods immediately upon collection.
h. Ownership and property in the goods supplied/delivered shall pass from the store to you when MOTHER'S CHOICE accepts payment. Risk passes to you upon collection of your product.
i. You assume all risks and liabilities for consequences arising from the use of the goods whether singly or in combination with other goods and indemnify MOTHER'S CHOICE in respect of any such use. MOTHER'S CHOICE is not liable for any infringement of patent rights arising out of the use of such goods by you or your instructions, expressed or implied, and it is your responsibility of to ensure that the goods when used by you are not damaged and no liability will be accepted by MOTHER'S CHOICE for the consequences of the use of damaged goods by you.