Effective Date: August 21, 2024
Welcome to tonybin.store (the “Website”), operated by Sea Moss Vitality (“we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of our Website, as well as the purchase and use of our products. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with these Terms, you must not use the Website.
1. General Terms
1.1 Acceptance of Terms: By accessing or using the Website, you confirm that you are at least 18 years old or have the necessary legal capacity to enter into a binding agreement. If you are using the Website on behalf of a business or other entity, you represent that you have the authority to bind that entity to these Terms.
1.2 Modifications: We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Website. Your continued use of the Website after such changes constitutes your acceptance of the new Terms. Please review these Terms periodically for updates.
1.3 Governing Law: These Terms and any disputes arising out of or related to these Terms or the use of the Website shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law principles.
2. Use of the Website
2.1 License to Use: We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for personal and non-commercial purposes, subject to these Terms.
2.2 Prohibited Activities: You agree not to:
- Use the Website for any illegal purpose or in violation of any applicable laws;
- Infringe on our intellectual property rights or the rights of others;
- Use any automated systems, such as robots or spiders, to access the Website;
- Attempt to gain unauthorized access to any part of the Website or its systems;
- Interfere with the operation of the Website, including by introducing viruses or other harmful code.
2.3 User Accounts: To access certain features of the Website, you may be required to create an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
3. Product Information
3.1 Product Descriptions: We strive to provide accurate descriptions of our products on the Website. However, we do not warrant that product descriptions, images, or other content on the Website are accurate, complete, reliable, current, or error-free. If a product you receive differs from its description, your sole remedy is to return it in accordance with our Return Policy.
3.2 Pricing: All prices on the Website are listed in South African Rand (ZAR) and are subject to change without notice. We reserve the right to modify prices at any time. Prices do not include applicable taxes, shipping, and handling fees, which will be added to your total purchase amount at checkout.
3.3 Availability: All products are subject to availability. We reserve the right to limit the quantity of products we supply, refuse orders, or discontinue products at any time.
4. Orders and Payment
4.1 Order Acceptance: Your placement of an order on the Website constitutes an offer to purchase the products selected. All orders are subject to our acceptance, which may be withheld at our discretion. We will confirm our acceptance of your order by sending you an order confirmation email.
4.2 Payment: Payment for products must be made using the payment methods available on the Website. You agree to provide current, complete, and accurate payment information. By submitting payment information, you authorize us to charge the applicable payment method for the total amount of your order.
4.3 Shipping: We will ship products to the address you provide at checkout. Shipping times and costs vary depending on your location and selected shipping method. Any delivery dates provided are estimates only and are not guaranteed. We are not responsible for delays in delivery due to unforeseen circumstances.
4.4 Risk of Loss: Risk of loss and title for products purchased from us pass to you upon delivery of the products to the carrier.
4.5 Returns and Refunds: Our Return Policy governs the return and refund of products. Please review our Return Policy before making a purchase.
5. Intellectual Property
5.1 Ownership: The Website and its content, including but not limited to text, graphics, logos, images, videos, and software, are the property of Sea Moss Vitality or our licensors and are protected by copyright, trademark, and other intellectual property laws. All rights not expressly granted in these Terms are reserved.
5.2 License Restrictions: You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, or perform any content from the Website without our prior written permission. Any unauthorized use of the Website or its content is prohibited.
6. Limitation of Liability
6.1 Disclaimer of Warranties: The Website and its content are provided “as is” and “as available” without warranties of any kind, whether express or implied. We disclaim all warranties, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
6.2 Limitation of Liability: To the fullest extent permitted by law, Sea Moss Vitality shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from (i) your use or inability to use the Website; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Website; or (iv) any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Website by any third party.
6.3 Maximum Liability: In no event shall our total liability to you for all claims arising out of or related to these Terms exceed the amount paid by you to Sea Moss Vitality for the purchase of products via the Website.
7. Indemnification
You agree to indemnify, defend, and hold harmless Sea Moss Vitality, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Website, your violation of these Terms, or your violation of any rights of another.
8. Termination
We reserve the right to terminate or suspend your access to the Website, without prior notice or liability, for any reason, including but not limited to, your breach of these Terms. Upon termination, your right to use the Website will immediately cease.
9. Miscellaneous
9.1 Severability: If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms shall remain in full force and effect.
9.2 Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
9.3 Entire Agreement: These Terms, together with our Privacy Policy and any other legal notices or policies posted on the Website, constitute the entire agreement between you and Sea Moss Vitality regarding your use of the Website.
9.4 Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms without restriction.
10. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
Sea Moss Vitality
2 Arrol Street, CW5 Vanderbijlpark
Email: seamosvitality@gmail.com
By using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions