Active Ingredient Product Terms and Conditions

By continuing to check out, I confirm:

• • that I am eligible to use Active Ingredient products.
  • that I have completed an Online Skin Assessment Form if in doubt.
  • that I am aware that some of the products, as indicated, contain Active ingredients that might be harmful in certain medical conditions and that by continuing to check out I confirm that I do not have any condition that might prohibit me from using products with Active Ingredients.
  • that should I have any conditions prohibiting me from using products with active ingredients I do so at my own risk.
  • that I have an adverse effect due to non-disclosure of any information I will not hold Shop@LCM, LCM Skin & Laser Clinic (Pty) Ltd, its directors or staff liable.
  • that I am aware that I do have the option not to continue to with the check out process and cancel this transaction or that I can get in touch with a skin care professional at LCM Skin & Laser Clinic to discuss any concerns before continuing with the process.

Store@LCM Terms and Conditions of Sale

1. Terms of Use

1.1 These Terms (“the Terms”) govern your (“the Purchaser”) use of the Shop@LCM. (“the Provider”) website located at the domain name skinandlaserclinic.co.za and lcmskinandlaserclinic.co.za (“the Website”).

1.2 By accessing and using the Website, the Purchaser agree to be bound by the Terms set out in this agreement. If the Purchaser do not wish to be bound by these Terms, the Purchaser may not access, use, download, distribute, copy or order any content displayed on this website without the consent of the Provider.

1.3 This agreement governs each and every order received via the Shop@LCM.  By placing an order, the Purchaser unconditionally accept the conditions of this agreement.  A serious or repeated breach of this agreement may result in immediate cessation of deliveries and closure of the Purchaser’s account.

2. Purchaser’s Consent

By using this Website or communicating with the Provider by electronic means, the Purchaser consent and acknowledge 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.

3. Updating of these Terms

The Provider may change, modify, add to or remove from portions or the whole of these Terms.  Changes to these Terms will become effective when the changes are posted to this Website. It is the Purchaser’s obligation to periodically review these Terms at the Website for changes or updates. The Purchaser’s continued use of this Website following the posting of changes or updates will be considered notice of the Purchaser’s acceptance to abide by and be bound by these Terms, including any changes or updates.

4. Supplier of goods or services details

In accordance with the disclosure requirements of the Electronic Communications and Transactions Act (“ECTA”), Act 25 of 2002, the supplier of goods or services offered for sale, hire or exchange by way of an electronic transaction, makes the following information available to consumers:

4.1. Supplier is:

4.1.1. LCM Skin & Laser Clinic (Pty) Ltd., trading as Shop@LCM (“The Provider”),
4.1.2. a Company duly registered and existing under the laws of South Africa with registration number: 1998/014271/07
4.1.3. VAT registration number: 4150176503

4.1.4. with its physical address at 273 Tram Street, Nieuw Muckleneuk, Pretoria, 0181,
4.1.5. and with its postal address at PO Box 60, Groenkloof, 0127,
4.1.6. Tel: +27 12 346 5363
4.1.7. Fax: +27 12 340 0108
4.1.8. Provider will accept legal service at 273 Tram Street, Nieuw Muckleneuk, Pretoria, 0181.

4.1.9. Provider’s directors are:  Dr R Cassim, Dr C Doman, Dr PJ Du Plessis, Dr M Hannah, Dr J Joynt, Dr A La Cock, Dr U Naidoo, Dr N Ramlachan, Dr SJ v Heerden.

4.1.10. The main business of the Provider is community, social and personal services.

4.2. Provider’s website lcmskinandlaserclinic.co.za and its email address is info@skinandlaserclinic.co.za

5. Products and Services for Personal Use

5.1 The services and products, and any samples thereof, available on the Website are for the Purchaser’s personal use only. The Purchaser may not sell or resell any of the services, products or samples you receive from the Provider.  You may not order more than 3 of the same product in a one-month period.

 If, in Our sole discretion, the Provider believe that any order to be filled or products or services to be provided to You may result in the violation of these Terms, the Provider reserve the right, with or without notice, to cancel or reduce the quantity thereof.

5.2 This Website sells dermo-cosmetic products online.  These products are usually sold with:

5.2.1 the advice of advisers with experience in selling dermo-cosmetic products of more than 3 years and who have received special training in these products; or

5.2.2 Persons with an aesthetician’s diploma who have received training in these dermocosmetic products and have experience in the application of these products; and

5.2.3 who work under the direct control of a person with a Bachelor’s Degree in medicine or dermatology.

5.3 The Provider has a resales advisor on call to consult with the Purchaser during normal business hours of the LCM Skin & Laser Clinic.  Any question can also be submitted via the online chat function during normal business hours, asking a question in the box provided or sending an email which we will endeavour to answer within 48 (forty-eight) hours.

6. Warranties and Guarantees

6.1 Shop@LCM warrants that the Products shall be:

6.1.1 In good working order and free from any defects in materials and workmanship at the time of delivery of the Products to the Purchaser.

6.1.2 In compliance with the Product specifications.

6.2 Shop@LCM shall not be liable for any delay, failure, breakdown, damage, loss, costs, claim, penalty, fine or expense arising from:

6.2.1 The use of the Products otherwise than in accordance with a Permitted Use

6.3 Any delay in the delivery of the Products, resulting from circumstances beyond the reasonable control of Shop@LCM

6.4 The use, storage and handling of the Products by the Purchaser.

Regardless of the cause of any action, whether in contract, delict or otherwise, Shop@LCM shall not be liable to the Purchaser for any indirect, special or consequential damages of whatsoever nature and howsoever arising, whether in contract or delict and whether in the contemplation of the Parties or not, which the Purchaser may suffer.

7. Return of Products

Shop@LCM will not be liable for any return of products from a Purchaser to Shop@LCM, save:

7.1 Under the circumstances in terms of section 20 of the CPA

7.2 In the case of a product recall initiated by the suppliers/manufacturers of the products

7.3 Where technical complaints are received from the Purchaser; or

7.4 In the case of adverse events or reactions experienced by the Purchaser, provided that sufficient proof of such adverse event or reaction is provided to Shop@LCM.

8. Quotations

Any quotation given by Shop@LCM is not an offer by Shop@LCM to sell the Products but constitutes an invitation by Shop@LCM to the Purchaser to do business with Shop@LCM, and shall only be valid from the period stated therein.  A Quotation may be revoked and/or varied by Shop@LCM at any time.

9. Purchase and acceptance

9.1 All Purchase orders must be in writing.

9.2 The Purchaser order submitted shall clearly specify the Products and respective quantities sought to be purchased from Shop@LCM.

9.3 All prices stipulated in a quotation or on the website are provisional and are subject to amendment by Shop@LCM within its sole discretion.

9.4 Any Purchase order received by Shop@LCM may not be withdrawn and/or revoked by the Purchaser, or altered in any way without the prior written consent of Shop@LCM.

9.5 Unless otherwise expressly stated, prices are inclusive of value added tax, levies on goods and services in terms of the Value Added Tax Act 89 of 1991 (“VAT Act”).

9.6 Shop@LCM shall be entitled to increase the purchase price in respect of any Products sold in order to make provision for any increase in cost arising as a result of, or during any period of any delay caused by the Purchaser.

9.7 Any expense incurred by Shop@LCM at the instance of the Purchaser in altering or making additions to the quantities or specifications for Products ordered in terms of a Purchase order, and any expenses arising as a result of suspension of any work by Shop@LCM due to instructions given, or failure to give instructions by the Purchaser, shall be added to the purchase price in respect of the relevant Products.

9.8 The purchase price in respect of any products sold by Shop@LCM in terms hereof shall be payable in advance.

10. Risk and ownership

The risk of damage to or destruction of any Products passes to the Purchaser on delivery thereof.

Ownership shall not pass to the Purchaser until the purchase price (including interest, and any other charges) in respect of the Products in question has been paid in full.

11. Payment

Payment may be made by Visa, Mastercard, Diner’s Club, Amex and Maestro credit cards or by bank transfer into our bank account, the details of which will be provided at check-out. The payment system allows for review, corrections and withdrawal by the Purchaser prior to placing a final order.

When paying via EFT and you wish to collect the products from LCM, we will notify you as soon as the deposit has cleared/reflected in our bank account, after which time you can collect. Depending on your bank, this can take 2 – 7 working days.

 

12. Delivery Policy

12.1. Subject to stock availability with suppliers and receipt of payment, requests will be processed within two (2) working days and handed over to a courier company for delivery. Any delivery date indicated shall be regarded as the estimated date of delivery and the Provider shall not be bound to effect delivery on or near such date.

12.2. For very remote areas not serviced by standard couriers, the Provider will deliver via Post Office or to the nearest town to the Purchaser that is accessible by Hand to Hand Courier within their normal routes. In these circumstances the Provider will be in contact with the Purchaser to arrange an alternative address.

12.3. The Provider will not deliver to plots, farms, military bases, major chain stores, power stations, game reserves, lodges, airports or harbours. The Provider will deliver to the nearest Post Office in these instances.

12.4. The Provider will supply all goods to the delivery company in good order and will reasonably endeavour to ensure that goods arrive at the Purchaser’s chosen delivery address in the same good order.

12.5. Delivery times vary. On average customers can expect deliveries to metropolitan area addresses (Major Cities) i.e. Cape Town, Johannesburg, George, Port Elizabeth, Durban, Bloemfontein & Pretoria within 7-10 business days, due to delays during the Covid-19 period and possibly following the lockdown. Outlying areas expect delivery in 3-10 business days.

12.6 The Purchaser shall accept delivery at the agreed upon address, provided that delivery shall be made a reasonable time.

12.7 The Purchaser shall not withhold or defer any payment not to a reduction in price nor to any other right or remedy against the Provider, its servants, agents or any other person for whom it is liable in law (whose favour this constitutes a sitpulatio alteri) whether for losses, cost, damages, expenses, interest or otherwise on account or delays in effecting delivery, partial delivery or non-delivery, whether occasioned by the negligent act or omission on the part of the Provider, its servants, agents or any other person for whom it is liable in law, or not.

12.8 The Purchaser shall be obliged to inspect all Products upon delivery and shall endorse the delivery note in respect of any missing or damaged Products.  NO claims for missing or damaged Products shall be valid unless the delivery note has been endorsed as aforesaid and the Purchaser has notified the Provider as stipulated in 14.1.

12.9 If the Provider is unable to deliver the Products to the Purchaser due to any act or omission on the part of the Purchaser, the Provider shall be entitled to charge the Purchaser for the storage of the Products, and any additional costs that the Provider may incur, and the Purchaser shall pay such charges on demand and, if the Provider so requires, prior to the delivery of the ordered Products.

13. Force Majeure

Any transaction and/or Purchase order is subject to cancellation by the Provider due to the occurrence of a force majeure event, including, without restricting the generality of the aforegoing, any inability to secure labour, power, materials or supplies, or by reason of an act of God, war, civil disturbances, riot, state of emergency, strike, lockout, or other labour disputes, fire, flood, drought or legislation.  The Provider shall be entitled to cancel any Purchase Order forthwith, or delay any deliveries or to reduce the amount of the Products delivered if it is prevented from or hindered in delivering as a result of such event.

14. Defective Goods, Adverse Reactions and Returns or Refund Policy

14.1. Subject to s56 of the Consumer Protection Act No. 68 of 2008, (“the CPA”), if the Purchaser have received a product from the Provider and found that the container (either plastic or glass), is defective or leaking, or if the pump or nozzle mechanism is defective, please contact our Customer Care Line at 012 3465363 within ten (10) days of purchase and the Provider will gladly collect the product at the Provider’s own expense and provide the Purchaser with a refund, replacement or store credit.

14.2. Some products (such as many anti-ageing creams) sold on the Website contain active ingredients. Many of these products can cause a transient, mild irritation of the skin upon initial use thereof. We thus recommend using these products not more than three times per week initially and then gradually increasing to daily use. If the Purchaser have developed a more severe reaction to any of these products supplied by the Provider, please contact us on our Customer Care Line at 012 3465363. An experienced staff member, or dermatologist, will endeavour to resolve any adverse reactions. Refunds on creams causing an adverse reaction will be judged on an individual basis.

14.3 Upon delivery, if the Purchaser no longer want the product ordered, the Purchaser may return it to our physical address within 5 days at the Purchaser’s own expense. If the product is unopened and the original packaging is still intact, the Provider will provide the Purchaser with a store credit. The Purchaser do not provide monetary refunds in these circumstances.

14.4. Subject to Section 56 of the CPA, the above clauses in paragraph 8 are subject to the following reasonable guidelines:

14.4.1. Products must have been purchased directly from the Provider. The Provider cannot accept returns of products purchased from other retail outlets.
14.4.2. Products must be returned within 30 days of order date.
14.4.3. Please include a copy of Purchase receipt (or a note with order #, name, email address and phone number) and reason for returning the product(s).
14.4.4. The Provider cannot accept returns or issue refunds on used products.
14.4.5. Original shipping and handling charges are non-refundable (if applicable).
14.4.6.  Products specified as non-returnable or not for resale cannot be returned.

14.5. Please send any products for return or exchange to:

Shop@LCM
Attention: Returns
273 Tram Street
Nieuw Muckleneuk, 0181
South Africa 

15. Complaints and disputes

15.1. Any complaints regarding the use of the Website or the standard and quality of the product or products bought through the e-commerce facility should be directed to LCM Skin & Laser Clinic, P.O. Box 60, Groenkloof, 0127, South Africa or to info@skinandlaserclinic.co.za

15.2. Currently, Supplier does not subscribe to any alternative dispute resolution code or mechanism.

16. Arbitration

All disputes arising out of or in connection with the Agreement that are not settled amicably between the Parties shall be referred to and be finally and exclusively settled by arbitration in accordance with the Rules of the Arbitration Foundation of Southern Africa (“Rules”), by an arbitrator to be appointed in accordance with the Rules.  The arbitration shall take place in South Africa and shall be conducted in English.  The arbitral award shall be final and binding.

17. Notices

17.1 Any notice or communication required or permitted to be given in terms of this Agreement will be valid and effective only if in writing but it will be competent to give notice e-mail.

17.2 Any Party may be notice to any other Party change its physical address above to another physical address or e-mail address, provided that the change will become effective on the 7^th (Seventh) business day from the deemed receipt of the notice by the other Party.

17.3 Any Notice to a Party:

17.3.1 Delivered by hand to a responsible person during ordinary business hours at its chosen physical address will be deemed to have been received on the day of delivery; or

17.3.2 Sent by e-mail to its chosen address, will be deemed to have been received on the date of despatch (unless the contrary is proved).

18. Copyright and Intellectual Property Rights

18.1. The Provider provide certain information on the Website. Content displayed at the Website is provided by the Provider, our affiliates or subsidiaries, or any other third-party owners of the content. All the proprietary works (and the compilation of the proprietary works) and information and content available on the Website and its “look and feel”, including but not limited to logos, trademarks, service marks, images, graphics, text, button icons, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”), is owned by the Provider, our affiliates, partners, subsidiaries, licensors or any third party owners of the rights (“Owners”), and the Content is protected by South African and international copyright laws, including laws governing copyrights and trademarks.

18.2. We may, at any time and without notice to the Purchaser, make any changes to the Website, the Content, or to products or services offered through the Website. The Owners and the Provider reserve all rights in and to the Content. Except as specified in these Terms (particularly in the limited license in clause 16 below), The Purchaser are not granted a license or any other right including under Copyright, Trade mark, Patent or other Intellectual Property Rights in or to the Content, and neither the Content nor any portion of the Website may be used, sold, copied, duplicated, reproduced, sold, resold, modified, accessed, or otherwise exploited, in whole or in part, for any purpose without Our express, prior written consent.

19. Limited License to General Users

19.1. The Provider grant the Purchaser a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.

19.2. This Website and the Content may not be reproduced or otherwise exploited for any commercial purpose without the Provider’s express prior written consent.

19.3. The Purchaser may not collect product or service listings, descriptions or other information displayed here, nor make derivative use of this Website or the Content for the benefit of another merchant. The Purchaser may not (a) license, republish, transmit, redistribute, sell or download this Website or any and/or all Content (except caching or as necessary to view this Website); (b) frame or make use of framing techniques to enclose the Website (or any portion thereof) or the Content without Our express written consent; (e) collect account information for the Purchaser’s benefit or for the benefit of another party; (d) reverse engineer, modify or create any derivative works based upon either this Website or any and/or all Content; (c) use this Website or any and/or all Content for non-personal use; (f) use any meta tags or any other “hidden text” utilizing any and/or all Content; or (g) use any technology (crawlers, spiders, software robots, or similar data gathering and extraction tools) to search or gain any information from this Website, or take any other action that may impose an unreasonable burden or load on Our infrastructure.

19.4. The Purchaser must retain, without modification, all proprietary notices on this Website or affixed to or contained in this Website.

19.5. The Provider grant the Purchaser a limited, revocable and non-exclusive license to hyperlink to the home page of Our Website for personal, non-commercial use only. Any website that links to this Website (ii) may not imply that the Provider are endorsing such website or its services or products or that the Purchaser have any rights in the Provider’s Website or intellectual property; (iii) may not misrepresent its relationship with the Provider; (i) may link to, but not replicate, any and/or all of the Content; (iv) may not contain content that could be construed as obscene, controversial, offensive, distasteful, or illegal or inappropriate for any ages; (v) may not portray the Provider or the Provider’s products or services in a false, derogatory, misleading, or otherwise offensive or objectionable manner, or associate the Provider with undesirable products, services or opinions; and (vi) may not link to any page of this Website other than the home page. If the Provider, in our sole discretion, request that the Purchaser remove any link to this Website, the Purchaser must immediately remove such link, upon receipt of such request, and cease any linking, unless separately and expressly authorized by the Provider in writing.

19.6. The Provider and the Owners do not offer products or services to minors. If the Purchaser are under the age of 18 you may not act upon any offers on the Website.

19.7. The Provider and the Owners, affiliates or subsidiaries reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

19.8. The Purchaser’s license is automatically cancelled (without prejudice to any other remedy provided by applicable law or these Terms) if the Purchaser do not get the Providers express, written permission before using this Website in a way these Terms do not allow, and the Provider may cancel the Purchaser’s license at any time for any reason.

20. Purchaser’s Obligations and Responsibilities

The Purchaser agree to comply with these Terms and any special warnings or instructions for access or use posted on the Website. The Purchaser agree to always act in accordance with the law, custom and in good faith. The Purchaser may not change or alter the Website or any Content or services that appear on the Website and The Purchaser may not, in any way, impair the integrity or operation of the Website. Without limiting the generality of any other provision of these Terms, the Purchaser are liable for any and all losses and damages caused to the Provider, our affiliates, subsidiaries, partners or licensors, by your negligent or wilful default of any of the obligations contained in these Terms.

21. Limitation of Liability and Indemnification

21.1. Subject to sections 43(5) and 43(6) of ECTA, and to the extent permitted by law, the Website and all Content on the Website, are provided on an “as is” basis, and may include inaccuracies or typographical errors and the Provider, the Owners, suppliers, employees, director’s partners, affiliates, and agents will not be liable for any damage, or loss or liability of any nature incurred by whoever as a result of any action or omission. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content, or any third-party content accessible via an Internet link.

21.2. Neither the Provider nor any holding company, affiliate or subsidiary of the Provider or the Owners, will be held responsible for any damage of any kind, related to the use of, or the inability to access or use the Content or the Website or any functionality, or of any linked website to the extent permissible by law. Links appearing on this Website are for convenience only and the Provider, our affiliates, or Our partners do not endorse the referenced product, service, content or supplier. If the Purchaser link to or from any off-website pages or other websites, The Purchaser do so at own risk. The Provider do not assume responsibility for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from this Website. The Provider also do not assume any responsibility or liability for the content, products, services or actions of such pages and websites, including, without limitation, their privacy policies and terms and conditions. The terms and conditions and privacy policies of all off-website pages and other websites that the Purchaser visit should be carefully reviewed by the Purchaser.

21.3. Our Website provides cosmeceuticals and skin related care products for sale. The use of any product bought from this Website is at the Purchaser’s risk. The Purchaser and any other users indemnify the Provider, our affiliates and subsidiaries and hold the Provider, our affiliates and subsidiaries harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.

21.4. The Provider attempt to be as accurate as possible when describing our products on the Website. However, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours, information or other content available on this Website are accurate, complete, reliable, current, or error-free.

21.5. USE OF THE WEBSITE IS AT THE PURCHASER’S SOLE RESPONSIBILITY AND RISK. THIS WEBSITE IS PRESENTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE PROVIDER 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 THE PROVIDER MAY GIVE, THE PROVIDER WILL NOT BE LIABLE FOR ANY DEFECT ARISING FROM THE PURCHASER’S 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), THE PROVIDER MAXIMUM AGGREGATE LIABILITY FOR DIRECT DAMAGES FOR ANYTHING GIVING RISE TO LEGAL ACTION WILL NOT EXCEED ONE THOUSAND RAND. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, THE PROVIDER 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 (a) LOST PROFITS, (b) INTERRUPTION OF BUSINESS; (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS WEBSITE; (d) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (e) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS; (f) 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 (g) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (h) EVENTS BEYOND OUR REASONABLE CONTROL. YOU AGREE THAT NO CLAIMS OR ACTIONS ARISING OUT OF, OR RELATED TO, THE USE OF THIS WEBSITE 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.

21.6. THE PURCHASER AGREE TO DEFEND, INDEMNIFY AND HOLD THE PROVIDER HARMLESS FOR ANY LOSS, DAMAGES OR COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY THIRD-PARTY CLAIM, ACTION, OR DEMAND RESULTING FROM YOUR USE OF THIS SITE OR BREACH OF THESE TERMS. THE PURCHASER ALSO AGREE TO INDEMNIFY US FOR ANY LOSSES, DAMAGES, OR COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM THE PURCHASER’S 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.

22. Privacy, access to and use of information

22.1. The Provider receive various types of information (“Information”) from The Purchaser when you access the Website, including personal information as detailed in the Promotion of Access to Information Act (“PAIA”), Act 2 of 2000, and as detailed in section 1 of ECTA (“Personal Information”).

22.2. The Provider may electronically collect, store and use Personal Information, including but not limited to name, contact details, surfing patterns, email, IP address.

22.3. Whenever the Purchaser are of the opinion that the Provider fail to comply with section 51 of ECTA, the Purchaser will contact us by sending an email to info@skinandlaserclinic.co.za. The Provider will review the Purchaser’s representation made by email and, if within Our sole and absolute discretion deemed advisable, take corrective action and in any event within 14 days respond to you informing about corrective action taken, if any.

22.4. Interception of communications.

Despite such undertaking, it is possible for Internet-based communications to be intercepted.

22.4.1. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging.

22.4.2. The Provider and the Owners will not be responsible for any damages The Purchaser or any third party may suffer as a result of the transmission of confidential or disclosed information you make to the Owners or the Provider through the Internet, or that the Purchaser expressly or implicitly authorise the Owners to make, or for any errors or any changes made to any transmitted information.

22.5. To ensure acquaintance with and awareness of our privacy measures and policies, you are urged to take care to read and understand the underlying privacy clauses incorporated in these Terms.

23. Privacy – casual surfing

23.1. You may visit the Website without providing any personal information.

23.2. You accordingly grant express written permission for the Website servers in such instances to collect the IP address of your computer, but not the email address or any other distinguishing information.

23.3. This information is aggregated to measure the number of visits, average time spend at the Website, pages viewed, etc.

23.4. We use this information to determine use of the Website, and to improve content.

23.5. We assume no obligation to protect this information, and may copy, distribute or otherwise use the information.

24. Privacy – unsolicited information

24.1. If you post unsolicited content or other information (“Information”) to the Website and do not indicate otherwise, you grant to the Owners a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media.

24.2. Any enquiries, feedback, suggestions, ideas or other information you provide to the Provider (collectively, “Submissions”), except submissions of a personal and confidential nature relating to the Purchaser’s medical condition and/or medical history, will be treated as non-proprietary and non-confidential. Subject to the Terms of this agreement, by transmitting or posting any Submissions, you hereby grant us full ownership of the Submission. We reserve the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as we deem fit, including, but not limited to, copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now know or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our products or services. 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.

24.3. By making a Submission, you represent and warrant that you own or otherwise control the rights to your Submission and that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailing, 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 the Provider for all claims arising from on in connection with any claims to any rights in any Submission or any damages arising from any Submission provided by you.

24.4. You grant to the Provider and the Owners the right to use the name that you submit in connection with such information. you warrant:

24.4.1. that you own or otherwise control all of the rights to the information that you post;

24.4.2. that the Information is accurate;

24.4.3. that by the supply of the Information to us, you do not violate this Policy and do not infringe the rights of any other person or entity; and

24.4.4. that you indemnify the Provider and the Owners for all claims resulting from Our receipt of the information you supply to us.

24.5. We may monitor and edit or remove any Information posted to public pages. We take no responsibility and assume no liability for any Information posted by You or any third party.

25. Privacy – solicited information You give to Us and Credit Card Security

25.1. We require certain Personal Information necessary to process transaction if You require any of Our products or services.

25.2. We receive and store all Information, including Personal Information that You enter on the Website or give to Us in any other way. You may choose not to provide certain Personal Information, but that may limit the services or products that You may wish to obtain from Us.

25.3. We provide Our products and services in conjunction with Our affiliates and subsidiaries. In this regard, and unless specifically restricted by You from the license below, You, when entering into the specific transactions in question, grant in writing to the Owners and Us a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such Information throughout the world in any media.

25.4. Your Information, that is required by affiliates and subsidiaries to give effect to transactions that You choose to enter into, is shared with those entities.

25.5. The private information required for executing the orders placed through the e-commerce facility, namely Your personal information, credit card details, delivery address and telephone numbers will be kept in the strictest confidence by Us 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 know to third parties delivering the product.

25.6. Credit card transaction will be acquired for Us via approved payment gateways. Our payment gateways use the strictest form of encryption. No credit card details are stored on our servers or Website.

25.7. Customers will always have to manually input their CVC number and complete 3D secure (usually through the use of a One Time Password, depending on your bank) to complete payment in these instances.

25.8. We undertake that we have taken all reasonable precautions to secure the credit card processing that is carried out to receive payments for goods sold. We cannot be held liable for security breaches occurring on Your electronic device (personal computer or other electronic device used to access the Website), which may result due to the lack of adequate virus protection software or spyware that You may inadvertently have installed on Your device, or due to any other security breaches that occur notwithstanding the reasonable precautions we have taken.

26. Privacy – cookies

26.1. A cookie is a basic text file that is stored on Your device (computer, mobile phone, tablet or other device) by a website’s server. Each cookie is unique to Your web browser and contains completely anonymous information such as a unique identifier and the website name.

26.2. Our Website utilises first and third-party cookies. This enables Us to a) improve Your experience on the Website through various means such as storing preferences (like keeping You logged in) or determining aggregate usage behaviour (time on site, number of pages viewed etc.) through web analytic tools like Google Analytics and b) provide more relevant display advertising to You, using third party tools such as the Google Analytics Remarketing.

26.3. Most web browsers provide the option to block some or all cookie types should You wish to. You can also opt out of the Google Display Network using the Ads Preference Manager. As many of the Website’s features utilise cookies, we recommend that You do not block them.

27. Privacy – promotional information

We aspire to provide first-class service to our customers, which requires Us providing information to You about new services or special offers. In each instance, You are provided an opportunity to opt-out of such information circulars. For more information, please call Our Help Desk, or send an email to info@skinandlaserclinic.co.za.

28. Privacy – business transfers

We may enter into business arrangements with our customer base in one of the more valued assets. In such an event, customer Information will be one of the transferable assets.

29. Privacy – lawful purposes

When We are served with due legal process requiring the delivery of Personal Information, We have the legal duty to abide by that demand and will do so. We may also impart Personal Information if permitted or required to do so by law.

30. Privacy – surveys and statistical profiles

30.1. We understand that efficiency and customer care translates into good service, We may periodically conduct customer care surveys to enable the updating of service standards.

30.2. When We conduct a survey, We will inform You how the information gathered will be used and provide You with the opportunity to opt-out from such surveys.

30.3. Despite terms to the contrary, We may choose to use Personal Information to compile profiles for statistical purposes and may choose to trade with such profiles and statistical data, as long as the profiles or statistical data cannot be linked to any specific data subject, including You, by a third party.

31. Privacy – storage

Personal Information will be stored for as long as it is used and for a period of one year, together with a record of the Personal Information and the specific purposes it was collected for. Personal information will be destroyed once it has become obsolete.

32. Privacy – interception

Subject to the Regulation of Interception of Communications Act (“RIC”), Act 70 of 2002, You agree that We may intercept, block, read, delete, disclose and use all communications sent or otherwise communicated to Us, our employees, directors or agents. You agree that your consent satisfied the requirements of ECTA and RIC for consent in “writing” as defined.

33. Choice of Law and General

33.1. This Website is controlled, operated and administered by Us from our offices as set out above within the Republic of South Africa.

33.2. These Terms will be governed by the laws of the Republic of South Africa, and You consent to the jurisdiction of the Gauteng High Court, Pretoria, in the event of any dispute.

33.3. If any of the provisions of these Terms are found by a court of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible so as to give effect to the intent of these Terms, and the remainder of these Terms will continue in full force.

33.4. These Terms constitute the entire agreement between Us and You with regard to the use of the Content and this Website and in relation to the subject matter hereof, and supersede and govern all prior proposals, agreements, or other communications.

33.5. Any favour We may allow You will not affect or substitute any of Our rights against You. Nothing contained in these Terms shall be construed as creating any agency, partnership or other form of joint enterprise between Yourself and Us. 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.

34. Assessment

The online skin assessment on this website, lcmskinandlaserclinic.co.za does not replace proper consultation with a Healthcare professional or Dermatologist.

35. Testimonials

Written testimonials submitted by way of our website or contact form may be used by Us for purposes of marketing at any time. We may, at our discretion use the actual first name of the Customer (You), as well as your skin type or skin condition to promote any of our services or products listed on lcmskinandlaserclinic.co.za, including but not restricted to, LCM Skin & Laser Clinic website lcmskinandlaserclinic.co.za, LCM Skin & Laser Clinic email subscribers list and / or LCM Skin & Laser Clinic social media accounts. We will never distribute photographic testimonials or disclose any other personal information other than the above stated, without prior written consent of the Customer (You).

36. Contact Details

In the event that you need to contact Us for purposes related to these Terms and Conditions, please use the following:

Telephone: 012 346 5363
Email: info@skinandlaserclinic.co.za

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