Terms and Conditions
By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
E-Commerce & Privacy
The Website mojome.co.za sells lifestyle nutrition products online. The use of any product or service bought from this Website is at the purchaser’s risk. The purchaser/ user indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.
The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product. Credit card details are not kept by the Provider under any circumstances.
The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.
The Provider will supply all goods to the delivery company in good order. The Provider will not be held liable for the condition of goods arriving at the User’s chosen delivery address.
Online Payment – PayGate Payment Gateway
Card acquiring and security
Card transactions will be acquired for SmartPack PTY Ltd via PayGate (Pty) Ltd which is the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
Customer details separate from card detail
Customer details will be stored by SmartPack PTY Ltd separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
SmartPack PTY Ltd takes responsibility for all aspects relating to the transaction including the sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
The provision of goods and services is subject to availability. In cases of unavailability, the provider will refund the client in full within 30 days. Cancellation of orders by the client will attract a 10% charge for administration costs.
The Provider reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet the Provider’s standards. Should the Provider exercise this right, the User will receive a full refund with no deductions.
Any complaints regarding the standard and quality of the product or products bought by consumers through the e-commerce facility should be directed to the Marketing Director, SmartPack PTY Ltd, 1822 Capricorn Cresent, Capricorn Park, Muizenburg 7945 or firstname.lastname@example.org
If you have opted-in to receive information on our products, you may occasionally receive promotion codes or product newsletters from us by email. 1.0 Promotion Codes can be applied at checkout. 1.1 Promotion Codes have no monetary value and under no circumstances can they be converted into currency. Each code has an expiry date set at our discretion. We reserve the right to modify the expiry date without notification. 1.2 Promotion Codes cannot be divided into parts. The discount achieved by the use of a Promotion Code must not exceed the total monetary value of the order (excluding delivery costs). 1.3 Some Promotion Codes will specify a minimum amount to be spent in order to be applied. 1.4 Promotion Codes may exclude some product promotions. 1.5 Promotion Codes cannot be applied past their expiry dates. 1.6 Any refund made on an order where a Promotion Code was applied will be reduced by the discounted amount. 1.7 Only one Promotion Code can be used per order.
Updating of these Terms and Conditions
Provider reserves the right to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions on the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
Copyright and Intellectual Property Rights
Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyrighted, by the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and are protected by South African and international copyright laws. The Providers reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any time and without notice. All rights in and to the Content are reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
Limitation of liability
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.
Privacy: casual surfing
The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. The provider uses this information to determine the use of the Website, and to improve Content thereon. Provider assumes no obligation to protect this information and may copy, distribute or otherwise use such information without limitation.
Choice of Law
This Website is controlled, operated and administered by Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Witwatersrand High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.
Merchant outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. The transaction currency is South African Rand (ZAR).
It is our mission that all information on this website is as accurate and up-to-date as possible, and that all products promoted cause no harm to our customers or the environment. However, due to the possibility of human and technical errors, SmartPack PTY Ltd accepts no responsibility for the accuracy or completeness of the information provided on the website. Neither do we accept responsibility for any adverse reactions that any of our products may cause. While we have taken every reasonable measure to ensure that the products promoted on this website are of the highest quality and safety, the recommendations on this site are not the advice of a medical practitioner. We, therefore, advise the consultation of a medical practitioner if there is ever any doubt as to the use of the products.
Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the Goods you have purchased.
Country of Domicile
This website is governed by the laws of South Africa and SmartPack PTY Ltd chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature: SmartPack PTY Ltd 1 Riverside Park, 32 Lakeshore Road, Capricorn Park, Muizenburg 7945
Variation SmartPack PTY Ltd may, in its sole discretion, change this agreement or any part thereof at any time without notice.
Company Information This website is owned and maintained by SmartPack PTY Ltd based in South Africa.
CK Registration 2014/060935/07
VAT Registration 481 0266 736
MojoMe contact details