Terms & Conditions

VERSION 1.0/ Baby & Kids 2017 ENQUIRIES: info@babyandkids.co.za 

 

Terms & Conditions

Welcome to the home of Baby & Kids/ Cosmederm CK t/a Van Dyk Pharmaceutical Products.

 

USE OF THE WEBSITE: Your use of the Website constitutes Your acceptance of these Terms & Conditions of Usage and Your obligations towards Van Dyk Pharma, the owner of the Website.

  • By accessing or using the Website You also represent that You have the legal authority to ac-cept the Terms & Conditions on behalf of Yourself and any party You represent in connection with Your use of any Website.
  • If You do not agree to the Terms & Conditions, You are not authorized to use the Website.
  • Unless otherwise stated this website is provided to you by to you by Cosmederm CK t/a Van Dyk Pharmaceutical Products, a company registered in the Republic of South Africa (Registration Number: inquire) having its registered office at 608 Falcon drive, Lanseria Corpo-rate Estate, Pelindaba road, Lanseria, Johannesburg. References to “we”, “our” and “us” are references to Van Dyk Pharmaceutical Products (Van Dyk Pharma).

 

CHANGES, AMENDMENTS AND TERMINATION: Van Dyk Pharma may change these Terms at any time by posting the amended Terms & Conditions on the Website. All amended Terms & Conditions are immediately and automatically effective after they are posted on to the Website. Use of the Website shall be governed by such amended Terms & Conditions. You are advised to regularly check these Terms & Conditions for any amendments.

  • You may terminate this Agreement by ceasing use of the Website if you do not agree to the Terms & Conditions or any alteration thereto.
  • Your continued use of any Website after new and/or altered Terms & Conditions are effective, is evidence of the fact that you have read, understood and agreed to those Terms & Conditions.
  •  Amended Terms & Conditions shall apply to any disputes that arise after the posting of such terms on the Website.
  • You can easily view when this Agreement was last revised by checking the date as set out above.
  •  Van Dyk Pharma reserves the right to modify, discontinue, or suspend the operation of this Website, or any part thereof, temporarily or permanently, without notice.

 

ACCEPTABLE USE: When using the Website, Users agree not to do any of the following:

  • use the Website for any purpose that is unlawful or prohibited by these Terms & Conditions, any applicable additional or amended Terms & Conditions, or any other conditions or notices that are made available on the Website;
  •  use or transfer content on the Website that You do not have the right to use or transfer under intellectual property, confidentiality, privacy or other applicable laws;
  • transfer content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations;
  • remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the Website;
  • use any means to bypass measures we use to restrict access or use of the Website;
  •  transfer any personally identifiable information about children;
  •  interfere with any other’s use and enjoyment of the Website;
  • use or attempt to use another’s services or personal information; and
  • use or transfer unsolicited or unauthorized content.

 

UNAUTHORISED ACCESS: The User is not allowed to gain or attempt to gain unauthorised access to any part of the Website. This includes the use of any malicious or damaging software (such as viruses, trojans and worms) in order to gain or attempt to gain unauthorised access to any part of the Website.

 

DISCLAIMER AND WARRANTIES: The content on this Website is provided for general information purposes.

  • Every effort is made to keep the Website operational and running smoothly. However, Van Dyk Pharma takes no responsibility for, does not warrant and will not be liable for the Website being temporarily unavailable due to technical issues beyond its control.
  • We do not represent or warrant that our Website and our services will be uninterrupted or er-ror-free, that the defects will be corrected, or that our Website or the servers that make our Website available are free of viruses or other harmful components. We do not make any warranties or representations regarding the use of the materials on our Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, except as expressly provided otherwise, You assume all risks concerning the suitability and accuracy of the information within our Website, materials, publications and documents. Our Website may contain typographical errors. Van Dyk Pharma assumes no responsibility for and disclaims all liability for any such inaccuracies, errors or omissions in our Website and in any other reference. Applicable law may not allow certain limitations or exclusions on warranties, hence the above limitations shall apply to You to the fullest extent permissible given the applicable law.
  •  In no event will Van Dyk Pharma and/or its respective suppliers or agents be liable for any special, indirect, incidental or consequential damages resulting from the use of, or the inability to use, our website or materials on our website, even if we have been advised of the possibility of such damages, whether in an action of contract, negligence or delictual action

You acknowledge, by use of this Website, that your use of this Website is at your own risk.

 

INDEMNITIES: You agree to defend, indemnify and hold Van Dyk Pharma, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including (and without limitation to) reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the website. Van Dyk Pharma shall not be responsible or liable whatsoever in any manner for any content posted on the website (including claims of infringement relating to content posted on the website for your use, or for the conduct of third parties whether on the website or otherwise relating to the website).

 

INTELLECTUAL PROPERTY: All rights in the Website and the content on the Website including copyright, design rights, database rights, trade marks, patents, inventions, knowhow, source codes and any other intellectual property rights in any of the foregoing are reserved for Van Dyk Pharma and/or Van Dyk Pharma content providers.

  • The Baby and Kids logo displayed is subject to copyright protection. The text, images, graphics, and their arrangement on the Website are all subject to copyright and other intellectual prop-erty protection. These objects may not be copied for commercial use or distribution (unless otherwise indicated), nor may these objects be modified or reposted to other websites without written consent.
  • The Website may contain further text, images, graphics, that are subject to the copyright of third parties and You agree not to use such materials in a manner that violates the rights of such third parties.
  • You may not (and may not authorise another party to): frame or otherwise co-brand the Web-site (for example, by displaying a name, logo, trademark or other means of attribution) in a manner that is reasonably likely to give a user the impression that You or a third party has the right to display, publish or distribute the Website.
  • No license to Van Dyk Pharma’s intellectual property or the intellectual property of third parties has been granted to You unless otherwise indicated.
  • You may view, download and print content from the Website for information purposes only.
  • You may not modify the paper or digital copies of any materials you have printed or down-loaded from the Website.
  • You may not use any part of materials on this Website for commercial purposes without obtaining a licence from Van Dyk Pharma or their licensors to do so.

 

THIRD PARTY WEBSITES: Our Website contains links to third-party sites that are not under our control, so we are not responsible for the contents on any linked site or any link contained in a linked site, or any changes or updates to such sites, or your dealings with the owners of such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We encourage you to be aware of when you leave our Website, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

  • These links are provided for Your convenience for the purposes of providing further infor-mation to you. Such links do not signify that Van Dyk Pharma endorses the website(s) linked to.
  •  You may not create a link to our Website from another website or document without prior written consent from us.

 

JURISDICTION: This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any choice of law or conflict of law provisions. The Par-ties consent to the exclusive jurisdiction of the relevant Magistrates Court.

 

WAIVER: Any failure by Van Dyk Pharma to exercise or enforce any part of this Agreement shall not be construed as a waiver of such right to exercise or enforce any part of this Agreement.

 

SEVERABILITY: If any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of the Legal Notice, which shall remain in full force and effect.

 

PRIVACY POLICY: Van Dyk Pharma is entrusted with responsibly handling, storing and processing the in-formation and data that it collects through the Website and agrees to use Your personal information in accordance with the Privacy Policy and the Terms set out herein. Your use of this website shows that you consent to us using and storing your personal information. Your personal information will be collected when:

  • You communicate with us via email (email address, name and surname);
  •  You sign-up to the newsletter (email address, name, city, mobile number if provided);
  • You call us, (name and surname as well as email address);
  •  You fill out our query form; and
  • You use the website as information is collected through the use of tracking technologies and Google Universal Analytics.

We may use your personal information for analysis, to respond to a query or send information on new products.

If we are required to provide a third party with Your personal information (whether by subpoena or otherwise), then we will use reasonable means to notify You promptly of that event (on condition that we have collected and retained an email address for You) unless such notification is prohibited by law or we are otherwise advised not to notify You by legal counsel.

Van Dyk Pharma reserves the right to amend or make changes to this Terms of Use pertaining to the Van Dyk Pharma Website. We will publish the current notice on the Website specifying the version and effective date.