ASCENDIS (PTY) LTD, owner of the brand MENACAL7™
- Website Terms and Conditions of Usage
- MENACAL7™ Information and Website Compliance
- MENACAL7™ Terms of Service – Electronic Transactions
- MENACAL7™ Special Prohibitions
- The DISCLAIMER:
- These Terms and Conditions, as well as any other written and pictorial content on this website (without limitation) are copyrighted and belong exclusively to Ascendis under the brand MENACAL7™.
- No person is permitted to copy or embed any link to, or image from this website without the prior written consent of Ascendis.
- You hereby agree that the putative justification of “fair use” shall not provide you with grounds upon which to copy these Terms and Conditions or any other information contained on this website.
- If you breach Clauses 1.1 or 1.2, then you hereby agree to pay to Ascendis, upon the presentation of a relevant demand and / or invoice and in relation to each individual transgression, a liquidated penalty of R25 000 (Twenty Five Thousand Rand).
- The advice contained herein is for informational purposes only. It is not intended as a substitute for advice from your doctor or other healthcare professional. You acknowledge that you should consult with a healthcare professional before starting any diet, exercise or supplementation program, and before commencing any medication, or if you have, or suspect that you might have a health problem. You also acknowledge that you should not stop taking any medication without first consulting your doctor.
- This website and all information, content, materials, products and services included on or otherwise made available to you through this website are provided by Ascendis on an “as is” and “as available” basis, unless otherwise specified in writing.
- Ascendis makes no representations or warranties of any kind, express or implied, as to the operation of this website or the information, content, materials, products or services included on or otherwise made available to you through this website, unless otherwise specified in writing.
- You expressly agree that your use of this website is at your sole risk. To the full extent permissible by applicable law, Ascendis disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose not expressly mentioned herein.
- Whilst Ascendis takes all reasonable measures to ensure that this website is free from computer viruses and the like, it cannot, and does not warrant that this website, information, content, materials, products or services included on or otherwise made available to you through this website; their servers; or electronic communications sent from Ascendis are free of viruses or other harmful components.
- You acknowledge that Ascendis will not be liable for any damages of any kind arising from your use of this website or from any information, content, materials, products (including software) or services included on or otherwise made available to you through this website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
- You are aware that in the relevant circumstances, the views and opinions expressed in articles contained on the website are those of the author and do not necessarily reflect the views of the employees, management, shareholders and/or directors of Ascendis or their subsidiaries.
- You acknowledge that the adverts / media archives are intended to be used solely for reference, educational, research and/or non-commercial purposes and are not intended to reflect current advertising. Therefore all content within such archives (including any special offers) should not be construed as being up to date, accurate and/or current. This website and any orders placed using this website are subject to the above disclaimer and the stated Terms and Conditions.
- WEBSITE TERMS AND CONDITIONS OF USAGE
Your usage of the online information services contained on the Website constitutes your acceptance of the Terms and Conditions of Usage contained herein and any obligations that may arise towards Ascendis. This agreement was last revised on 1 March 2018. You acknowledge that the onus is on you to regularly check these Terms and Conditions for any amendments or updates.
- Limited Liability: You understand, acknowledge and agree that your usage of the website and reliance on the website content is at your discretion and risk. Ascendis, in its discretion, reserves its right at any time to change the website or discontinue any aspect or feature thereof, including but not limited to: content, context, hours of availability and equipment or permission needed for access or use of the website. Ascendis shall attempt to maintain the availability and accessibility of the website, however it takes no responsibilities for the website’s possible temporary unavailability or inaccessibility for reasons beyond its control.
- Indemnity: Subject to clause 2.2 above, you agree to indemnify and hold Ascendis, its officers, directors, members, employees, agents, licensors and suppliers harmless from and against any claims, damages, actions, losses, and liabilities including and without limitation: loss of profits, direct, indirect, incidental, special consequential or punitive damages and any reasonable legal and / or accounting fees, resulting from (i) the access to, use of or browsing of this website, (ii) downloading of any materials, data, text, images, video or audio from this website, and / or (iii) viruses, bugs, software / program malfunctions, errors, failures, delays in computer or payment transmissions or network connections.
- Third Party Website Links: Ascendis may include or provide links to third party websites on the Internet. Such websites may provide opinions, recommendations, or other information from various individuals, sponsors, organisations or companies. In providing such links, Ascendis does not necessarily interrogate the content of such information nor endorse, guarantee, warrant, or recommend the accuracy and/or legality of such information, alternatively subscribe to any such opinions or recommendations, and therefore cannot be held accountable for any such content.
- Linking Agreement: Pursuant to and in conjunction with clause 1.2, you acknowledge that you may not create a link to this Website from another website without Ascendis’s prior consent in writing in the form of a “Linking Agreement”, in which case the terms of your linking to the Website shall be governed by the terms of the said “Linking Agreement” with Ascendis. Should any person(s) breach this Clause 2.6, then such person / persons hereby agree(s) to pay to Ascendis, upon the presentation of a relevant demand and / or invoice and in relation to each individual transgression, a liquidated penalty of R25 000 (Twenty Five Thousand Rand).
- Applicable Law, Jurisdiction and Arbitration:
- This Agreement shall be governed by and be interpreted in accordance with the laws of the Republic of South Africa.
- Amicable Resolution of Disputes:
- In instances where you have any grievance or complaint against Ascendis and / or any associated entity, which grievance / complaint emanates from this website, you hereby agree that you shall, prior to lodging such grievance / complaint within any formal dispute resolution structure contemplated herein, sincerely attempt to resolve such grievance / complaint with Ascendis (or any associated entity, as the case may be) amicably and informally.
- Pursuant to the above, you agree that in the event of a dispute or alleged breach of the terms hereof, you will work together with Ascendis in good faith to attempt to resolve the matter internally amicably by:
- submitting a written complaint submission to firstname.lastname@example.org within a period of 30 (thirty) calendar days of the cause of the grievance / complaint having taken place;
- Ascendis shall have 30 (thirty) calendar days within which to respond to such complaint, following which the parties shall endeavour resolve the grievance / complaint to the greatest extent that may be possible within a subsequent period of 30 (thirty) days;
- Ascendis shall have 30 (thirty) calendar days within which to respond to such elevated complaint, following which the parties shall endeavour to resolve the grievance / complaint to the greatest extent that may be possible within a subsequent period of 30 (thirty) days;
- You acknowledge that should you not follow the aforementioned procedure, then you agree that you shall not be able to validly institute any formal dispute resolution mechanisms in respect of the relevant grievance / complaint, and that this provision shall serve as a valid defence to any claim so launched.
- You agree that any dispute regarding this Agreement that cannot be resolved amicably, shall, be referred to confidential and private arbitration in terms of the rules of the Arbitration Foundation of South Africa, which arbitration shall be conducted in English and in Johannesburg.
- In the event of any legal dispute or action being brought in connection with this Agreement, it is agreed that the venue of such action shall be Sandton, Johannesburg, South Africa and each party hereby consents to the jurisdiction of the relevant courts thereof.
- The provisions of clause 2.7.3 shall not apply in respect of a dispute pertaining to Clauses 1.1, 1.2, 1.4 and 2.6, which dispute shall bypass the need for arbitration, and in respect of which the Randburg Magistrate’s Court or the High Court of South Africa, South Gauteng Division, Johannesburg, shall be vested with exclusive jurisdiction, dependant on the quantum and magnitude of the matter concerned.
- The costs of any dispute, in relation to these agreed terms and conditions, shall be borne by the unsuccessful party to any litigation or arbitration proceedings, on an attorney and own client scale.
- Amicable Resolution of Disputes:
- Website Intellectual Property: This Website constitutes software and content (such as: images, text, animation, photos, video, graphics, music, sound and voice) that is the intellectual property of Ascendis and/or various third parties and subject to the intellectual property laws of South Africa. Further and to the extent that Ascendis does not own specific content, or such content falls within the public domain, Ascendis may hold copyright in the selection, coordination, arrangement and enhancement of such information on the Website. You are aware that no rights and/or licence to Ascendis’s intellectual property or the intellectual property of third parties have been granted to you, unless otherwise expressly indicated. The software and content may not be used in violation of the intellectual property rights of Ascendis and/or such third parties as applicable. Without limitation on the prohibitions placed on the you, you expressly agree not to:
- commercially exploit, reproduce, distribute, transmit, display, publish or broadcast any Website content without the prior written approval of Ascendis or in the case of third party content, the owner of that content;
- claim or convey ownership of Website content either in its entirety or otherwise;
- copy and / or modify the Website content for the purposes of reposting to other websites or altering the Ascendis website;
- alter or remove any trademark, copyright or other notice from the Website content;
- frame the Website or any part of the Website.
- Unsolicited Commercial Communications: You agree not to collect or use any Personal Information listed on the Website, pertaining to Website: Users, contributors, members, clients and/or executives or advisors of Ascendis for the purposes of transmitting and/or in any manner facilitating the transmission of unsolicited commercial communications.
- ASCENDIS INFORMATION AND WEBSITE COMPLIANCE
The following table contains further information on Ascendis and MENACAL7™ and represents the information that must be provided by Ascendis to you in compliance with Section 43 of the South African Electronic Communications and Transactions Act. This section of the Website Legal Notice was last revised on 1 March 2018. I shall regularly check this section of the Website Legal Notice for any amendments or updates.
|The full name of Ascendis:||Ascendis Consumer Brands (Pty) Ltd, a private company registered and incorporated in terms of the Companies Act (71 of 2008) of South Africa.|
|Ascendis’s physical address (domicile) and telephone number:||31 Georgian Crescent East, Bryanston
011 036 9600
|MENACAL7™’s Website address and e-mail contact address:||http:// www.menacal7.co.za
|The registration number of Ascendis:||2013/195936/07|
|The place of registration:||South Africa|
|The names of Ascendis’s Directors:||Karsten Wellner, Clifford Sampson, Kieron Futter, Justin Korte|
|The physical address where Ascendis will receive legal service of documents:||31 Georgian Crescent East, Bryanston
|Alternative Dispute Resolution Code:||See clause 2.7.|
- Information Collection and Use: You acknowledge that Ascendis and/or its authorised technology agents collect certain Personal Information from you in connection with your use of the Website and/or the goods provided to you by Ascendis. This information may be used to: make your visit to the Website and/or your use of the goods more efficient; provide you with the requested goods; enable efficient use of the Website; process transactions concluded by you; process electronic communications and transactions; to administer a competition, promotion or survey or similar interactive activity; or to provide you with newsletters or other periodic emails and/or promotional materials. Where there are reasonable grounds to believe that your personal information has been accessed or acquired by any unauthorised person, Ascendis will notify you and the Information Regulator which is appointed in terms of POPI. Ascendis will delay notifying you of the unauthorised access or acquisition of your personal information if a public body responsible for detection, prevention or investigation of offences or the Information Regulator informs Ascendis that notifying you will impede a criminal investigation. When Ascendis notifies you of the compromise to the security of your personal information Ascendis will provide you with sufficient information to allow you to take protective measures against the potential consequences of the compromise
- Website Usage: Personal Information is automatically collected in relation to your visit to the Website, such information includes but is not limited to: your browser type and version, as well as your operating system. In addition thereto, the Website does use different types of cookies, such as: cookies which provide web analytics services, and other types of cookies. The Ascendis hosting agents and/or service providers may collect your IP addresses for the purposes of system administration and to audit the use of the Website. Ascendis does not ordinarily link IP addresses to personal information, which means that your session may remain anonymous. However, Ascendis cannot guarantee that this will always be the case, as it may be necessary to identify a particular user when it is necessary to enforce compliance with the Website Terms or to protect Ascendis’s Website, its users or other interests
- Subscription to Mailing List or Other Publications: In the event that you subscribe to the Ascendis Mailing List or Health Info Updates and to receive further information, such as marketing and promotional material, from Ascendis, then your Personal Information will be processed by Ascendis. This information shall include, but is not limited to your email address. Ascendis will use your Personal Information to track whether you have read the material supplied to you by Ascendis and/or whether you have clicked on any of the links so provided. All Ascendis communications shall contain an unsubscribe link and by following the unsubscribe process, you shall be removed from the relevant mailing list and Ascendis shall no longer send you the subscription content or contact you.
- Account Sign Up for Goods: Ascendis shall retain your Personal Information submitted for the provision of the Ascendis goods to you, as requested. This Information shall include, but is not limited to, your: name, email address, telephone number, company name, Physical Address, VAT Number, and financial details. In addition thereto, for the term of your Account with Ascendis, you shall also be subscribed to receive relevant Ascendis electronic communications.
- From time to time, Ascendis may appoint certain agents, third parties and/or service providers which operate outside the borders of the Republic of South Africa, alternatively the country in which you reside and/or operate from. In these circumstances Ascendis will be required to transmit your Personal Information outside South Africa, alternatively outside the country in which you reside and/or operate from. The purpose of the trans-border flow of your Personal Information may include, but is not limited to: data hosting, data-security and storage. You expressly consent to the trans-border flow of your Personal Information.
- To the extent that you voluntarily post personal information, for example in relation to any medical condition that you may have or medication that you may be on, in response to anything posted on this website, you acknowledge and accept that such information may be publicly available, and as such you shall not hold Ascendis and/ or any person or entity involved in the management of this website accountable for the disclosure, recordal and/ or placement of such information.
- Handling of Your Personal information:
- You have the right to correct your Personal Information as well as to revoke your consent to the processing of your Personal Information by Ascendis. You do however understand that Ascendis requires your Personal Information to process your order and deliver the Ascendis goods, and that should you decide to revoke your consent, Ascendis may not be able to provide you with such goods. You have the right to submit a complaint to the Information Regulator regarding an alleged interference with the protection of personal information Processed in accordance with these Terms. The Information Regulator’s contact details will be published by the Government in due course in terms of POPI. When they are published POPI places a duty on us to inform you what those contact details are and we will do so.
- Ascendis will take all reasonable measures in order to ensure your Personal Information is appropriately safeguarded; these precautions include, but are not limited to: the use of a sufficiently secure server and providing suitably secure payment mechanisms.
- Ascendis will not sell, exchange or transfer your Personal Information to any third party not required in the provision of the Ascendis goods unless you have consented thereto.
- Disclosure of Personal Information:
- Records relating to the provision of the Ascendis goods by Ascendis to you and the Personal Information submitted by you may be required to be retained in terms of legislated records retention requirements, Ascendis’s operational purposes and/or for production as evidence by Ascendis in legal proceedings.
- Ascendis may disclose your Personal Information under the following circumstances:
- to comply with the law or with legal process;
- to protect and defend Ascendis’s rights, equipment, facilities, and other property;
- to protect Ascendis against misuse or unauthorised use of the Website and/or goods; and/ or
- to protect other customers or Website Users or third parties affected negatively by your actions in use of the goods and/or the Website.
- Special Prohibitions
- Unauthorised Use of the Website:
- You, the User, are permitted to use the Website for lawful purposes only.
- Unauthorised use of this Website may give rise to Ascendis instituting a claim for damages against you and/or you may be found guilty of a statutory and/or criminal offence and/or be liable for civil damages.
- Unauthorised Use of the Website: