Welcome to the “Ascendis Skin & Body (Pty) Ltd ” (“ASB”) website (the “Site”).
This Site, www.nimueskin.com is operated by ASB. Throughout the Site and these Terms and Conditions, the terms “we”, “us” and “our” refer to ASB and “you” refers to you or the organization you are representing. ASB offers this website, including all information, tools and services available from this Site and any use of this Site, to you, the user, only on the basis and condition that you have agreed to, and have accepted all of the terms, conditions, policies and notices stated here or contained anywhere on the Site.
The terms and conditions contained in this agreement (“Terms and Condition”/ “Terms”) govern the use of the Site.
ASB provides the content and services available to you on the Site, subject to these Terms and Conditions.
Please read these Terms and Conditions carefully before accessing or using our Site and/or engaging in any of our Services. By accessing or using any part of the Site, and/or engaging in any of our Services you acknowledge that you have read, understood, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
To the extent that these Terms may be considered an offer, acceptance of any such offer for service or otherwise can only be done on the basis of the conditions set out in these Terms.
By agreeing to these Terms and/or by utilising any of the Services via this Site, you warrant and represent that you are at least the age of majority in your state or province of residence.
You are prohibited from using our goods for any illegal or unauthorised purpose nor may you utilise any of the Services in any manner which violates any laws in your or our jurisdiction (including but not limited to copyright laws).
The onus is on you to maintain the confidentiality of your account details and password as well as restricting access to your computer or other electronic device, and as such, you are therefore solely responsible for any activity on your account. You shall therefore have no claim against us for loss or damages of whatsoever nature which is caused by your or anyone else’s failure to secure your account details.
You are prohibited from transmitting any worms or viruses or any code of a destructive nature.
A breach or violation of any of these Terms of Conditions may, at our entire discretion, result in an immediate termination of the Services and/or your account and you may no longer be permitted to utilise any Service and/or the Site. In addition, you shall be liable for any legal and other costs incurred by us as a result of any breach by you of these Terms of Conditions or any failure by you to pay any amount on due date on the scale as between attorney and own client, whether or not action is instituted, and such costs shall include any commission which we are required to pay to our attorneys as a result of any action taken by them.
We reserve the right, in our sole discretion, to refuse service to anyone for any reason at any time.
You understand that any information provided by you on the Site (excluding credit card information), may be transferred, unencrypted and involve:
transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect the interpretation hereof.
We reserve the right, but are in no way obligated, to modify or update the information and/the contents of this Site at any time. You alone bear the onus and responsibility to monitor changes to our Site.
PRIVACY AND PERSONAL INFORMATION
At all times, your personal information will be handled and/or processed in accordance with statutory provisions governing personal information.
ASB is sensitive to the private nature of the information you provide over the Site, including your name, company details, address and email address, and shall take all reasonable steps to protect your personal information.
Any personal information provided by you to ASB:
may be used by ASB:
to operate, maintain, and improve the features and functionality of the Site and/or your account;
to develop new products and services;
for internal administrative purposes;
for statistical purposes;
will be stored by ASB on a secure database through your account.
Despite the aforegoing, you agree that ASB is entitled to disclose any personal information to any competent legal or regulatory authority that makes such a request and is lawfully entitled to obtain such information from ASB. In this instance, ASB undertakes to disclose only such information as is sufficient to satisfy such request.
PRODUCTS AND SERVICES FOR PERSONAL USE
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction (with or without notice to you). We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer.
ACCURACY OF INFORMATION
We attempt to be as accurate as possible when describing our products on this Site, however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours, information or other content available on this Site are accurate, complete, reliable, current, or error-free.
It is not guaranteed that information made available on this Site is accurate, complete or current, and is therefore provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is therefore at your own risk.
This Site may contain certain historical information, which by its nature, is not current and is, as such, provided for your reference purposes only.
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We are not obligated to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
All information and content available on this Site and its “look and feel”, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively referred to as the “Content”) is the property of ASB , our affiliates, partners or licensors, and is protected by South African and international laws, including laws governing copyrights and trademarks.
You warrant and undertake that you will not in any way infringe on any of our, our affiliates, partners or licensors intellectual property rights. This clause is a stipulation in favour of a third party (stipulation alteri) capable of acceptance by any of our affiliates, partners or licensors at any time by providing you written notice of such acceptance.
Except as set forth in the limited licenses in clause 8 below, or as required under applicable law, neither the Content nor any portion of this Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
“Data” means any data that you provide to us, including transactional information and personal information.
We grant you a limited, revocable, non-transferrable and non-exclusive licence to access and make personal use of this Site. We may cancel your licence at any time for any reason. Your licence is automatically cancelled if you do not get our written permission before using this Site in a way these Terms and Conditions do not allow.
This limited licence does not include the right to:
Frame or utilise framing techniques to enclose this Site or any portion thereof;
Republish, redistribute, transmit, sell, license or download this Site or any and/or all Content (except caching or as necessary to view this Site);
Make any use of this Site or any and/or all Content other than personal use;
Modify, reverse engineer or create any derivative works based upon either this Site or any and/or all Content;
Collect account information for the benefit of yourself or another party;
Use any meta tags or any other “hidden text” utilising any and/or all Content; or
Use any technology (software robots, spiders, crawlers, or similar data gathering and extraction tools) to search or gain any information from this Site, or take any other action that may impose an unreasonable burden or load on our infrastructure.
You warrant and undertake that you shall not do any of the acts listed in clauses 8.2 above and 8.6 below, (or any acts of a similar nature).
You must retain, without modification, all proprietary notices on this Site or affixed to or contained in this Site.
We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of this Site for personal, non-commercial use only.
Any website that links to this Site:
May link to, but not replicate, any and/or all of our Content;
May not imply that we are endorsing such website or its services or products, or that you have any rights in our website or intellectual property;
May not misrepresent its relationship with us;
May not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages;
May not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and
May not link to any page of this Site other than the home page (deep link).
We may, in our sole discretion, request that you remove any link to this Site, and upon receipt of such request, you agree to immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume such linking.
Any unauthorised use by you of this Site, or any and/or all of our Content, or infringement of another person’s rights (including copyright), automatically terminates the limited licenses set forth in this clause 8.
We may also block you from using the Site, claim specific performance or damages against you and take any other steps the law allows without affecting our rights in terms of applicable law or these Terms and Conditions.
OBLIGATIONS AND RESPONSIBILITIES
In the access or use of this Site, you shall comply with these Terms and Conditions, and the special warnings or instructions for access or use posted on this Site (from time to time). You shall always act in accordance with the law, custom and in good faith. You may not make any change or alteration to this Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of this Site.
Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or wilfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause ASB , our affiliates, partners or licensors. This clause is a stipulation in favour of a third party (stipulatio alteri) capable of acceptance by any of our affiliates, partners or licensors at any time by providing you written notice of such acceptance.
Ascendis Health provides a warranty on all products sold on its website against defect or poor quality from the date of delivery for a period of 6 months.
THIRD-PARTY LINKS AND TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
Due to us not having control over third-party tools, we are unable to give any warranties in respect thereof. You therefore acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement of whatsoever nature. We shall have no liability whatsoever and you therefore hold us harmless against any claim arising from, or relating to, your use of optional third-party tools.
Any use by you of such optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Certain content, products and services available via our Site and/or the Service may include materials, links or advertisements from third-parties.
Third-party links or third party advertisements on this Site may direct you to third-party websites which are not affiliated with us. You bear the onus to review the third-party’s policies and practices carefully and make sure you understand them before you engage in any transaction. We do not, and are not responsible for, or obliged to examine or evaluate the content or accuracy of such any third-party advertisements or third-party websites and as such, we do not warrant or make any representations or endorsement of whatsoever nature in respect of, and accept no, and shall have no liability resulting from the use of any third-party websites, advertisements, or for any materials, products, or services of third-parties purchased on such third-party websites or from the reliance on any information contained on a third-party website or in any third-party advertisement.
You agree that we are not responsible for the content of any off-website pages or any other websites linked to or from this Site. Links appearing on this Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk.
You hereby agree to indemnify and hold us harmless against any loss, harm or damages of whatsoever nature related to the purchase or use of goods, services, resources, content, or any other transactions made as a result of or in connection with any such third-party websites or third-party advertisements. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
amend your browser settings to disable cookies (please note that this may affect your user experience on certain websites); or
SPECIAL FEATURES, FUNCTIONALITY AND EVENTS
This Site may offer certain special features and functionality or events which could be:
SUBMISSIONS OF MARKETING
It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any enquiries, feedback, suggestions, ideas or other information you provide us (referred to collectively as “Submissions”) will be treated as non-proprietary and non-confidential.
You also acknowledge that your Submission will not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration from us, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission.
You agree to indemnify us for all claims arising from, or in connection with, any claims to any rights in any Submission or any damages arising from any Submission provided by you.
When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (hereinafter referred to as “User Content”) on this Site, you are entirely responsible for such User Content.
Such User Content constitutes a Submission under clause 12 above. This means that all such third parties, and not us, are entirely responsible for all User Content that they post to this Site.
You agree to not engage in or assist or encourage others to engage in transmitting, uploading, posting, emailing or otherwise making available on this Site, User Content that:
Is unlawful, harmful, threatening, abusive, harassing, delictual, defamatory, vulgar, obscene, pornographic, defamatory, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
You do not have a right to make available under any law or under contractual or fiduciary relationships;
Is known by you to be false, inaccurate or misleading;
You were compensated for or granted any consideration by any third party; or
Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam”.
You further agree not to:
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
“Stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content;
Intentionally or unintentionally violate any applicable local, provincial, national or international law; or
Collect or store personally identifiable data about other users.
We do not endorse or control the User Content transmitted or posted on this Site and, therefore, we do not guarantee the accuracy, integrity or quality of User Content.
You understand that by using this Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, emailed or otherwise made available by any person or entity via this Site.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content.
Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
In addition to other prohibitions as set forth in the Terms of Conditions, you are prohibited, directly or indirectly, from using the Site or its content:
for any unlawful purpose;
to solicit others to perform or participate in any unlawful acts;
to violate any international, country, provincial or state regulations, rules, laws, or local ordinances;
to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
to modify the Site or any portion thereof or to download any contents of the Site (other than caching);
to collect, or use any electronic means to collect data and/or information or use any data and/or information or contents of the Site for commercial use or for the benefit of any other merchant;
to visit, copy, sell, resell, reproduce or duplicate or exploit the Site in any other manner for any commercial purpose without our prior written consent in each and every specific instance;
to frame or use framing techniques to enclose any trademark, logo or other proprietary information, including but not limited to the Site layout and any text, image, slogan contained on the Site;
to use any meta tags or any other concealed text using ASB’s name or trademark without our prior written consent in each and every specific instance;
to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
to submit false or misleading information;
to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site and/or the Service or of any related website, other websites, or the Internet;
to collect or track the personal information of others;
to spam, phish, pharm, pretext, spider, crawl, or scrape;
for any obscene or immoral purpose; or
to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Site, the Service or any related website/s for any unauthorized use thereof or for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Use of the Site is at your sole responsibility and risk.
This Site is presented on an “as is” and “as available” basis. We expressly disclaim all representations, warranties or conditions of any kind, whether express or implied, including but not limited to any implied warranties or conditions of satisfactory quality, no latent defects, merchantability, non-infringement, fitness for a particular purpose, accuracy, quiet enjoyment and title, except to the extent such representations and warranties are not legally excludable.
Despite any warranty we may give, we will not be liable for any defect arising from your negligence, failure to follow instructions (whether oral or in writing) or misuse.
You agree that, to the fullest extent permitted by applicable law, regardless of the form in which any legal action may be brought (whether in contract, delict (including negligence) or otherwise), our maximum aggregate liability for direct damages for anything giving rise to legal action will not exceed R 700.00 (seven hundred rand).
Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential loss or damage (whether foreseeable or unforeseeable) of any kind whatsoever and howsoever caused including:
loss of profits;
interruption of business;
access delays or access interruptions to this Site;
data, non-delivery, misdelivery, corruption, destruction or other modification;
loss or damages of any sort incurred as a result of dealings with or the presence of third-party links;
computer viruses, system failures or malfunctions, which may occur in connection with your use of this Site, including during hyperlink to or from third-party websites;
any inaccuracies or omissions in content; or
events beyond our reasonable control.
You agree that no claims or actions arising out of, or related to the use of this Site or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including attorneys’ fees, resulting from any third-party claim, action, or demand resulting from your use of this Site or breach of these terms.
You also agree to indemnify us for any losses, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
A dispute arises under these Terms and Conditions if one party notifies the other of a dispute in terms of this clause 18.
The party who institutes the dispute may elect to:
Institute legal proceedings in the High Court having jurisdiction, with the consent of the other party, only in instances of matters on an urgent basis; or
Refer any dispute to be resolved by:
failing which mediation;
Failing which arbitration.
The election of the party instituting legal proceedings or referring the dispute to alternate dispute resolution will bind both parties. In the event that the other party wants to counterclaim or raise a further or other dispute, then that other party is bound to refer the counterclaim or other dispute to the same forum as that selected by the first party.
Each party must make sure that their chosen representatives meet within 10 (ten) business days of notification, to negotiate and try to end the dispute by written agreement within 15 (fifteen) additional business days.
If negotiation fails, the parties must refer the dispute to mediation under the Arbitration Foundation of Southern Africa’s (“AFSA”) rules (as amended from time to time).
If mediation fails, the parties must refer the dispute within 15 (fifteen) business days to arbitration under AFSA’s latest rules for expedited arbitrations. The arbitration will be held in English in Johannesburg and the decision of the arbitrator will be final and binding on the parties. The parties will agree to and appoint one arbitrator. If the parties cannot agree on the arbitrator within 10 (ten) business days after the referral, the Secretariat of AFSA will appoint the arbitrator.
The parties may agree in writing to change the periods for negotiation or mediation. This clause will not stop a party from applying to court for urgent interim relief (temporary help) while the dispute resolution process is being finalised. This clause is separate and divisible from the rest of this agreement and remains effective even if this agreement ends or is invalid.
Nothing in this clause 18 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction.
These Terms and Conditions, and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the law of the Republic of South Africa.
Your use of the Site will constitute your consent and submission to the above jurisdiction.
You consent to receive any agreements, notices, disclosures and other communications (referred to collectively as “Notices”) to which these Terms and Conditions refer from us electronically including without limitation by email or by posting notices on this Site.
You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing.
To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at [email protected] and discontinue your use of this Site.
In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited licenses set forth clause 8 hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user who cannot consent to receipt of Notices electronically.
Notices must be sent either by hand, registered post, telefax or email and must be in English. All notices sent:
By hand will be deemed to have been received on the date of delivery;
By registered, will be deemed to have been received 10 (ten) business days after the date of posting;
By email will be deemed to have been received on the date indicated in the “Read Receipt” notification, which will serve as proof that an email has been received.
You acknowledge and consent that these Terms and Conditions, and related policies, constitute the entire agreement between us concerning your use of this Site and in relation to the subject matter hereof, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time and where this affects your rights and obligations we will notify you of any changes by placing a notice in a prominent place on the Site or by email. If you do not agree with the change you must stop using the Site. Your continued use of this Site thereafter constitutes your agreement to all such changed Terms and Conditions and you will be deemed to have accepted such Terms and Conditions.
ASB shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these Terms and Conditions.
Any indulgence we may allow you will not affect or substitute any of our rights against you.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between yourself and ASB. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
If any term is void, invalid, unenforceable, or illegal, the term may be severed from, and will not affect, the rest of this agreement if it does not change its purpose.
If you have any questions regarding these Terms and Conditions, please email us on [email protected]