DISCLAIMER, TERMS AND CONDITIONS OF USE AND PRIVACY POLICY

Before using the website, please read the Disclaimer and Terms and Conditions of Use Agreement (the “Agreement”) contained hereunder. By clicking on the “Accept” button below, alternatively by your use and interaction with the website, or by placing any order or requesting any services (regardless of whether you have clicked “Accept”) you signify that you have thoroughly read and understood the terms contained in this Agreement, and that you agree thereto. Should you (the “Customer”) not agree to the terms contained herein, click on the “Decline” button below, and do not proceed to use this website.

DISCLAIMER

Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act 25 of 2002, the use of this website is at the Customer’s own risk, the materials and services provided in connection with this website are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Neither Laud Pulse nor any of its affiliates warrant the accuracy or completeness of the materials or services on or through this website. The materials and services on or through this website may be out of date, and neither Laud Pulse nor any of its affiliates make any commitment or assumes any duty to update such materials or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Laud Pulse accepts no liability for the use of and / or reliance upon any information of this website, nor shall they be liable in any manner for any direct, incidental, special, consequential, indirect or punitive damages that result from the use of or reliance upon, or the inability to use, the information contained on this website, or the information in any websites or pages linked to this website.

Laud Pulse, together with anybody related thereto, makes no representations and/or warranties, express or implied, in respect of the items and products provided on the website. To the fullest extent permissible by applicable law, Laud Pulse hereby disclaims all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this website. Without limiting the generality of the foregoing, Laud Pulse hereby expressly disclaims all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation.

All items purchased from this website (“Goods”) are made pursuant to agreements with shipping, manufacturing and delivery agents and risk of loss passes from Laud Pulse, the providers, creators, owners, representatives, agents and / or their nominees of this website to the delivery agents upon delivery of any item to such carrier.

ELECTRONIC COMMUNICATIONS

The Customer consents to receiving communications from Laud Pulse, the providers, creators, owners, representatives, agents and/or its nominees electronically and agrees that all agreements, notices, disclosures and other communications sent by Laud Pulse, the providers, creators, owners, representatives, agents and/or its nominees satisfies any legal requirements, including but not limited to the requirement that such communications should be “in writing”.

HYPERLINKS

The hyperlinks provided on this website are provided as is and Laud Pulse, the providers, creators, owners, representatives, agents and / or its nominees of this website do not necessarily agree with, edit or sponsor the content on such pages.

SECURITY

Laud Pulse, the providers, creators, owners, representatives, agents and / or its nominees shall not be responsible for security breaches occurring on the website which may result due to the lack of adequate virus protection software or spyware that the Customer may inadvertently have installed on his / her device.

Any person that delivers or attempts to deliver any damaging code to this website or attempts to gain unauthorized access to any page on this website shall be prosecuted and civil damages shall be claimed in the event that Laud Pulse the providers, creators, owners, representatives, agents and / or its nominees suffer any damage or loss.

The Customer agrees and warrants that its log-in name and password shall:

be used for personal use only; and not be disclosed to any third party.

The Customer hereby authorises Laud Pulse, the providers, creators, owners, representatives, agents and / or its nominees to take all reasonable steps to ensure the integrity and security of this website and back-office applications.

USE OF INFORMATION AND INTELLECTUAL PROPERTY

This website and its contents are owned, operated and controlled by Laud Pulse and/or its affiliates. The information from this website is protected by copyright and other proprietary rights laws. No information from this website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the written consent of a duly authorised representative of Laud Pulse. Laud Pulse and/or its affiliates retain all intellectual property rights in any products and items it produces and are reflected in its website from time to time.

Any unauthorised copying, or attempt at copying, assignment or transfer of this Agreement or the rights to any Goods, shall result in the immediate termination of this Agreement by Laud Pulse and/or its affiliates, which shall include, amongst other things, termination of access to this website and any Goods associated therewith.

Except as specified in this Agreement, the Customer 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 of this website or any Goods displayed on this website.

It is recorded that the trademarks, trade names, logos and the like used on this website are registered or unregistered trademarks, trade names or logos of Laud Pulse. The Customer acknowledges that all right, title and interest to the trademarks, trade names, logos and the like will vest in Laud Pulse and nothing contained on this website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or other right to use any trademarks, trade names, logos and the like displayed on this website without Laud Pulse’s prior written approval.

Laud Pulse expressly reserves the right, in its sole and absolute discretion, to remove, alter, modify, supplement and / or restrict access to the services, content, information, software, or file(s) appearing on or transmitted through this website.

The Customer hereby ratifies, guarantees and agrees to be personally liable for any and all obligations entered into or assumed by others who use the information, content or services through his / her Customer account.

Laud Pulse, the providers, creators, owners, representatives, agents and/or its nominees of this website shall not be liable, and the Customer hereby waives any claim, for the remission and/or refund of any payment due to the website not being operational for any period of time.

PRIVACY POLICY

Laud Pulse respects the Customer’s privacy and is committed to privacy protection principles, including but not limited the requirements contained in the Protection of Personal Information Act, No 4 of 2013.

Whilst using this website, information about the Customer may be either collected by Laud Pulse, the providers, creators, owners, representatives, agents and/or its nominees or provided by the Customer. Such information will become the sole property of Laud Pulse.

Laud Pulse the providers, creators, owners, representatives, agents and/or its nominees of this website may use this personal information to provide the Customer with information regarding Laud Pulse’s products, services, or events from time to time.

The Customer may request that Laud Pulse, the providers, creators, owners, representatives, agents and/or its nominees cease sending the Customer such information or request that the Customer’s personal information be removed from the database or mailing list at any time by e-mailing marketing@laudpulse.com.

The Customer may request access to any personal information concerning himself/herself that Laud Pulse, the providers, creators, owners, representatives, agents and/or its nominees hold, which request is governed and regulated by the Promotion of Access to Information Act, 2 of 2000.

Laud Pulse, the providers, creators, owners, representatives, agents and/or its nominees are not responsible for and give no warranties or make any representations in respect of the privacy policies or practices of any third party and/or linked websites.

Whilst this Agreement states Laud Pulse’s standards for maintenance of data that Laud Pulse, the providers, creators, owners, representatives, agents and/or its nominees may obtain from the Customer, and every effort will be made in which to meet them, Laud Pulse is not in a position to guarantee these standards. There may be factors beyond Laud Pulse’s control that may result in disclosure of data. As a consequence, Laud Pulse disclaims any warranties or representations relating to maintenance or nondisclosure of data, subject to any legislation governing the use and storage of data, specifically including but not limited to the Protection of Personal Information Act, No. 4 of 2013.

UPDATING OF THESE TERMS AND CONDITIONS

Laud Pulse reserves its right to change, modify, add or remove from portions or the whole of this Agreement from time to time. Changes to this Agreement will become effective upon such changes being posted to this website.

It is the Customer’s obligation to periodically check this Agreement on the website for changes or updates. The Customer’s continued use of this website following the posting of changes or updates will be considered notice of the Customer’s acceptance to abide by and be bound by this Agreement, including such changes or updates.

AGREEMENTS OF SALE

An agreement of sale of Goods between Laud Pulse, the providers, creators, owners, representatives, agents and/or its nominees only comes into effect if and when an order is placed and: a credit card authorization is received from the issuing bank; or a deposit of an electronic transfer is reflected on Laud Pulse’s bank statement, which funds have already been cleared, and only if such payment is received within 5 (five) business days after completion of payment as contemplated in clause 14 hereunder; or a direct deposit is reflected on Laud Pulse’s bank statement and only if such payment is received within 5 (five) business days after completion of payment as contemplated in clause 14

Laud Pulse shall make all reasonable efforts to maintain correct prices in respect of the Goods. However, should errors occur and Goods or any part thereof are offered at incorrect prices, Laud Pulse shall not be obliged to sell the Goods at such incorrect prices and shall only be liable to refund monies paid by the Customer in respect thereof.

Customers may request a print out of the transactions pertinent to them for a period of 3 months from date of such transaction.

Stocks of all Goods on offer are limited. Laud Pulse shall take all reasonable efforts to discontinue the offer as soon as stock is no longer available. However, should items still be offered after stocks are sold out, Laud Pulse shall only be liable to refund monies where it is unable to fulfill orders at advertised prices.

Payment for the Goods shall be made, without any set-off, deduction or counterclaim whatsoever.

Laud Pulse, the providers, creators, owners, representatives, agents and/or its nominees, make no representations and/or warranties, express or implied, in respect of the Goods purchased. To the fullest extent permissible by applicable law, Laud Pulse hereby disclaims all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services purchased from any of third parties which may form part of the Goods. Without limiting the generality of the foregoing, Laud Pulse hereby expressly disclaims all liability for product defect or failure of the Goods, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation.

SHIPPING

Shipping Costs

The costs of shipping within the borders of South Africa is determined as follows:

Flat rate option: Goods will be insured and delivered to the Customer by Laud Pulse’s courier company;

South African Post Office: Shipping will be calculated automatically when the order is created.

Value Added Tax (VAT)

Value added tax at the rate of 15% is charged on the Goods bought by South African residents.

VAT is not payable on international orders.

All prices are quoted including VAT.

REFUNDS AND RETURNS POLICY

If the Customer is for any reason dissatisfied with the Goods purchased from the website, the Customer may return it to Laud Pulse for a full refund, replacement or exchange, provided:

the Customer has the original tax invoice;

Goods are returned within 7 (seven) days of purchase;

the decision to refund is solely at the discretion of Laud Pulse, after having inspected the condition of the item returned.

IMPORT DUTIES

Import duties may be payable by recipients of the Goods in foreign countries. Laud Pulse has no knowledge of what levies or duty may be payable and cannot calculate or estimate such costs. The costs thereof shall be paid by the Customer.

INSURANCE

Goods are not automatically covered by insurance unless specifically requested by the Customer, at an additional cost to the Customer, when placing the order which costs may vary from time to time depending on the Good purchased.

DELIVERIES

The Customer acknowledges that in respect of Goods delivered outside the borders of the Republic of South Africa seasonal peaks and delays at customs and the like are outside the control of Laud Pulse, the providers, creators, owners, representatives, agents and/or its nominees and deliveries may take longer than normal.

In addition, any unreasonable delays that may result in respect of deliveries of Goods within and outside the borders of the Republic of South Africa the Customer acknowledges that Laud Pulse, the providers, creators, owners, representatives, agents and/or its nominees are in no way responsible or liable for such late delivery.

In the event that the Goods are not delivered within a reasonable time as stipulated by the respective authority responsible for such delivery, they will be delivered as soon as reasonably practical and the Customer shall have no claim arising out of late delivery nor shall they be entitled to return the Goods as a result thereof.

It is specifically recorded that time is not of the essence.

PAYMENT METHODS FOR THE GOODS

Credit card payments

At the time of placing the order for the Goods, the transaction details are presented to the bank and payment is collected.

Note that to protect its own and the interests of customers, Laud Pulse scrutinizes all transactions with great care to prevent attempted fraud and a transaction may be refused if Laud Pulse is not satisfied with its legitimacy.

Payments by Electronic Funds Transfer (EFT)

If the Customer selects the EFT payment option, delivery will only take place once Laud Pulse has received the funds and the funds have cleared in its bank account. EFT payments are subject to the following:

the exact amount must have been transferred;

the payment must be identified by supplying the order number and name of Customer in the reference section of the deposit slip.

Laud Pulse, the providers, creators, owners, representatives, agents and/or its nominees provide no warranty as to the security of any of the payment methods provided for on this website and it is the responsibility of the Customer to satisfy itself in respect thereof and the Customer assumes all risks associated therewith.

GUARANTEE

If Laud Pulse, the providers, creators, owners, representatives, agents and/or its nominees supply the wrong Goods or if the Goods are in any way defective, Laud Pulse will use all reasonable endeavors to exchange it for the correct ordered Goods, or a suitable replacement, within 30 days of receipt of written notification (to be sent to the appropriate email address set out in clause 4) that the incorrect Goods have been received by the Customer.

Laud Pulse shall make a reasonable effort to exchange the product, but if replacement is not possible, Laud Pulse will refund the total purchase price of the Goods including delivery costs.

Laud Pulse, the providers, creators, owners, representatives, agents and/or its nominees make no warranties or guarantees in respect of the Goods.

PRODUCT INDEMNITY

Laud Pulse, the providers, creators, owners, representatives, agents and/or its nominees shall not be liable in any manner for any direct, incidental, special, consequential, indirect or punitive damages that result from the use of or reliance upon, or the inability to use, the Goods or any items sold on this website, save for Laud Pulse being liable to refund the Customer the full purchase price if Goods are defective.

DESCRIPTION

All samples, drawings, designs, descriptive matter, specifications and advertising issued by Laud Pulse and any descriptions or illustrations contained in Laud Pulse’s catalogues, order forms, brochures or on its website are issued, published or displayed for the sole purpose of giving an approximate idea of the products described in them. They shall not form part of any agreement concluded between Laud Pulse and any of its Customers and shall not be treated as constituting any warranty, representation or condition in relation to any of the Goods supplied by Laud Pulse to any of its Customers.

CUSTOMER INFORMATION

Other than personally identifiable information, which is subject to clause 6 above, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication the Customer transmits or posts to this website in any manner (“Customer Communications“) is and will be considered non-confidential and non-proprietary.

Laud Pulse, the providers, creators, owners, representatives, agents and/or its nominees may use any or all Customer Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes.

Laud Pulse, the providers, creators, owners, representatives, agents and/or its nominees shall have no obligation to use, return, review, or respond to any Customer Communications. Laud Pulse, the providers, creators, owners, representatives, agents and/or its nominees will have no liability related to the content of any such Customer Communications. Laud Pulse, the providers, creators, owners, representatives, agents and/or its nominees retain the right to remove any or all Customer Communications that includes any material it deems inappropriate or unacceptable.

JURISDICTION AND GOVERNING LAWS

This website is owned, controlled and operated by Laud Pulse, the providers, creators, owners, representatives, agents and/or its nominees within the Republic of South Africa. This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa.

DOMICILIUM

Laud Pulse chooses as its domicilium citandi et executandi for all purposes under this Agreement, whether in respect of court process, notices, or other documents or communication of whatsoever nature, Unit 3, Mount Mansions, 97 Mount Street, Bryanston, 2191, South Africa.

TERM AND TERMINATION

This Agreement shall commence when the Customer accepts such terms and conditions (as contemplated in the opening clause above) and continues indefinitely until terminated by Laud Pulse.

GENERAL

The Customer hereby indemnifies and holds Laud Pulse harmless against all or any loss, liability, damage and expense which Laud Pulse may suffer as a result of, or which may be attributable to, any breach by the Customer of any of the obligations, warranties or undertakings set out in this Agreement, including any legal costs on an attorney and own client scale.

All fees and charges set out herein are subject to change at any time without the Customer’s permission being required, at all times subject to all prevailing legislation. Laud Pulse shall inform the Customer of any changes to any fees and charges, as well as the date from when these changes are to apply.

Subject to clause 2 above, no amendment, variation or modification of any of the terms and conditions hereof or any agreement incorporating these terms and conditions shall be of any force or effect unless it is recorded in writing and signed by or on behalf of the Customer and Laud Pulse.

No latitude, extension of time or other indulgence which may be given or allowed by Laud Pulse to the Customer in respect of any payment or the performance of any other obligations hereunder, shall under any circumstances operate as a waiver or a novation of, or otherwise affect Laud Pulse’s rights in terms of or arising from this Agreement or preclude Laud Pulse from enforcing, at any time and without notice, strict and punctual compliance with each and every provision or term hereof, nor shall any such latitude, extension of time or other indulgence discharge or otherwise affect the liability of the Customer.

Laud Pulse has the right, without notice, to cede all or any of its rights and/or obligations in terms hereof to any other person or persons. The Customer shall not be entitled to cede or assign any rights or benefits under this Agreement without Laude Pulse’s prior written consent.

The Customer consents, in terms of Section 45(1) of the Magistrate’s Court Act, Act No. 32 of 1944, in respect of any proceedings out of and/or in connection with this Agreement which may be instituted by Laud Pulse against the Customer, to the jurisdiction of any Magistrate’s court which at the time of the institution of the proceedings in question has jurisdiction in terms of Section 28(1) of the said Act.

All words and phrases importing any one gender includes each of the other genders, for the purposes hereof, all words in the singular shall incorporate the plural, and any reference to a natural person shall include a juristic person, and vice versa.

The contractual principle that the terms of the Agreement will be interpreted to the detriment of the drafter shall not apply to this Agreement.

SEVERABILITY

If any provision of this Agreement is held invalid or unenforceable for any reason, that provision is fully severable from the remaining provisions of this Agreement and the remaining provisions are nevertheless valid and enforceable as if those of the provisions held invalid or unenforceable were not part of this Agreement.

WHOLE AGREEMENT

This Agreement constitutes the entire agreement between Laud Pulse, Laud Pulse’s representatives, agents and / or its nominees and the Customer with regard to the use of the content and this website.