TERMS AND CONDITIONS
Last updated [7 August 2023]
Welcome to Zoie Health. These Terms and Conditions apply to the Zoie Health website
(www.zoiehealth.com), the Zoie Health Application and any product or service provided
by Zoie Health Technologies. These terms and conditions are to be considered correct
when written in English and not using a translation tool.
Zoie is an interactive mobile application (the “Application”) and website platform
provided by Zoie Health Technologies Proprietary Limited Registration number
2020/921741/07, a private company duly incorporated in the Republic of South Africa.
1. AGREEMENT TO TERMS
These Terms and Conditions constitute a legally binding agreement made between you,
whether personally or on behalf of an entity (“you”) and Zoie Health Technologies (
“Zoie”, “Zoie Health”, “we,” “us” or “our”), concerning your access to and use of the
www.zoiehealth.com website as well as any other media form, media channel, mobile
website or mobile application related, linked, or otherwise connected thereto
(collectively, the “Site”).
You agree that by accessing the Site, you have read, understood, and agree to be
bound by all of these Terms and Conditions, together with our Privacy Policy and any
additional terms and conditions that are referenced herein or that otherwise may apply
to specific features of the Site, or to products or services that we make available to you
through the Site (all of which are deemed part of this Agreement). If you do not agree
with all of these Terms and Conditions, then you are expressly prohibited from using the
Site and you must discontinue use immediately.
Supplemental Terms and Conditions or documents that may be posted on the Site from
time to time are hereby expressly incorporated herein by reference. We reserve the
right, in our sole discretion, to make changes or modifications to these Terms and
Conditions at any time and for any reason.
We will alert you about any changes by updating the “Last updated” date of these Terms
and Conditions, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Terms and Conditions to stay
informed of updates. You will be subject to, and will be deemed to have been made
aware of and to have accepted, the changes in any revised Terms and Conditions by
your continued use of the Site after the date such revised Terms and Conditions are
posted.
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The information provided on the Site is not intended for distribution to or use by any
person or entity in any jurisdiction or country where such distribution or use would be
contrary to law or regulation or which would subject us to any registration requirement
within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other locations do so on
their own initiative and are solely responsible for compliance with local laws, if and to
the extent local laws are applicable.
2. HEALTHCARE & WELLNESS SERVICES
Zoie is a platform that connects you to healthcare & wellness practitioners
(“Providers”) through the use of the Site. All Providers associated with our Site are
licensed (where there is a licensing body for that particular speciality) and carefully
vetted according to Zoie’s strict selection process.
Zoie offers a means to enable users to book virtual//in-office (Provider’s rooms)
consultations and/or communicate with Providers via the Application. Zoie’s “Services”
as used in this Agreement refers only to our Application, website and related content
and does not refer to consultations and treatment that users receive from Providers.
Appointments scheduled on the Site are for non-emergency and primary-care health
services with Providers. The Site identifies a list of Providers, from which you can
choose. It is the responsibility of the user to ensure that they engage the services of the
appropriate Provider for their needs. We make no representation or warranty to you that
any Provider will be available to perform the healthcare services required, although we
endeavour to ensure that all Providers fulfill their obligations. Zoie is not engaged in the
practice of medicine, does not provide medical services, and is not a healthcare
provider.
The Provider with which you establish a treatment relationship is solely responsible for
providing you with services and/or advice. We only act as a technology platform to
connect you with the Provider who may be interested in providing you with medical
services. We do not warrant or make any representations regarding the quality of the
services/advice rendered by the Providers whose services are engaged through our
website or Application.
Nothing contained in the Services is or should be considered, or used as a substitute
for, medical advice, diagnosis or treatment. Any information contained in the Services
should not be relied upon as the basis of any healthcare decision. The Services do not
constitute the practice of any medical, nursing or other professional healthcare advice,
diagnosis or treatment. Use of the Platform should never cause you to disregard, avoid
or delay in obtaining medical advice from your doctor or other qualified healthcare
provider because of something you have read through our Application or Website.
Any general advice given by our care team or posted on our blog, website, or app is for
informational purposes only and is not intended to replace or substitute for any medical
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advice, diagnosis, or treatment. We make no representations or warranties and
expressly disclaim any and all liability concerning any treatment, action by, or effect on
any person following the general information offered or provided within or through the
Site.
PAYMENT
We do not charge you to download the Application and/or to register. You are charged
by the Provider when you schedule a consultation with them.
The rates charged by Providers can be found on our website and through the
Application. These may be modified or updated from time to time. It is the responsibility
of the user to remain informed about the current rates for the appointment and
consultation rates made available through the Application.
You agree that you will pay for all services you receive from the Providers, and that
Providers may charge you for the services. You are responsible for the timely payment
of all fees and for providing Providers with a valid payment method for payment of all
fees at all times.
3. CONTRACEPTIVE SERVICES
This section describes the terms and conditions under which we will provide virtual
contraceptive consultations, supply digital scripts for and/or monthly delivery of
contraceptive pills and insertion/injection of contraceptives in your home (“
MyContraceptive Services”) to you. You should understand that by placing an order for
any of our MyContraceptive Services, you acknowledge and agree to be bound by
these terms and conditions. Please click on the tick box during the order process if you
accept them in English. Please understand that if you refuse to accept these terms and
conditions, you will be unable to order any MyContraceptive Services from our site. By
placing an order you warrant that you are at least 18 years old and are legally capable
of entering into binding contracts. You agree that your use of the MyContraceptive
Services is at your sole risk.
Our site is only intended for use by people residing in or visiting the Republic of South
Africa. We do not have to accept orders for the MyContraceptive Services from
individuals outside of the Republic of South Africa.
Any MyContraceptive Services to be provided to you shall be performed by a healthcare
provider (“medical provider”), pharmacy (“pharmacy partner”) and/or third party delivery
service partner (“delivery partner”) appointed by us as our sub-contractor. You
understand that through a contraceptive consultation an affiliated medical provider,
through telehealth services, will determine whether a prescription is indicated and
appropriate for you, including applicable health information, diagnostic tests, as
applicable, and personal information. You further understand and agree that after a
consultation or reviewing your information, the medical provider, in his or her
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independent professional judgment, will determine whether to prescribe you
contraceptives, or other medication or treatment.
You consent to delivery of your information to Zoie Health’s selected pharmacy
partner(s) and delivery partner(s) as part of coordinating desired fulfillment and payment
for contraceptives and other medication as part of the contraceptive services.
You assign Zoie Health as your recognised representative for the purpose of receiving
your prescribed medication from the partner pharmacies.
Placing an order:
After placing an order via our site, you will receive an email from us acknowledging that
we have received your order. Please note that this does not mean that your order has
been accepted. Your order constitutes an offer by you to purchase our MyContraceptive
Services. All orders are subject to acceptance by us, and we will confirm such
acceptance to you by email or SMS/ text message to confirm the details of your virtual
consultation and/or delivery service (together, the “Order Confirmation”). The contract
between us (the “Contract”) will only be formed when we send you confirmation in
accordance with this clause.
You may cancel or rearrange an appointment relating to a virtual consultation on giving
not less than 24 hours notice to us, by text message or email. Home consultations may
be canceled/rescheduled by giving not less than 48 hours notice to us, by email or on
our Whatsapp line. Home consultations not canceled within this time frame will incur a
50% cancellation fee.
Medical aid:
Some of our healthcare providers may or may not be contracted with medical aid
schemes. If you intend to pay by medical aid, please select this option when booking
the MyContraceptive Service. We operate on an immediate upfront payment basis,
unless you opt to pay by medical aid for the purchase of your contraceptive. Should you
opt to pay for your consult directly through your medical aid, all consults (including the
renewal of scripts) will be charged at medical aid rates. Should a claim for any of the
MyContraceptive Services be rejected by your medical aid for any reason whatsoever,
you will be required to pay for your consultation and/or script in cash at a rate R300
(consultation) and R200 (script renewal), respectively, within 30 days of being notified
by us that your claim was rejected. Should you provide us with incorrect information with
regards to your medical aid details, we reserve the right to charge an additional fee to
resubmit your claim to your medical aid.
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SUBSCRIPTION FOR MONTHLY DELIVERY OF CONTRACEPTIVES
Products and pricing:
The price of the MyContraceptive Services will be as quoted on our site from time to
time, except in cases of obvious error. These prices are liable to change at any time, but
changes will not affect orders in respect of which we have already sent you an Order
Confirmation. We will normally verify prices as part of our Order procedure so that,
where the correct price of a MyContraceptive Service is less than our stated price, we
will charge the lower amount to you. If the correct price of a MyContraceptive Service is
higher than the price stated on our site, we will, at our discretion, either contact you for
instructions before providing the Order Confirmation, or reject your order and notify you
of such rejection.
Unless expressly agreed otherwise by the parties, payment for all MyContraceptive
Services must be by credit or debit card, automatic debit order, or using any legitimate
secure payment link sent to you by us. We accept payment with Visa, Maestro,
Mastercard, and Visa Electron. We will not charge your credit or debit card until after we
have issued the Order Confirmation.
We may in our sole discretion offer you a discount from time to time on the price of our
MyContraceptive Services. Please note that the discount will only apply for that specific
promotional offer.
Prices are correct as at the time of publication on this Site, but are subject to change
without notice. We will take all reasonable efforts to accurately reflect the description,
availability, purchase price and delivery charges, however should there be any errors on
the Site, we will not be liable for any loss, damage or expense that you incur in
connection with such error, save for in the case of any incorrect purchase price, in which
case we will refund to you any amount already paid.
Prices will be displayed in South African Rand and may include VAT. Prices are
applicable to payment link and credit card purchases only, include any discounts and
may differ when claiming from your medical aid. Prices on this Site apply to South Africa
only and products purchased via this Site will only be delivered within South Africa to
areas where we deliver.
Should we not be able to fulfill any order at the advertised price due to sold out stock,
we will inform you via your elected method of communication. If you have already paid,
we will provide you an alternative product (generic), approved by your medical provider,
or reimburse you for the rand value you have paid if there is no other alternative
medicine available.
From time to time, depending on stock availability, you may receive a generic version of
your selected medication, approved by your medical provider. If you prefer not to be
given a generic in such cases, please let us know by email on care@zoiehealth.com
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Returns and cancellations:
Pharmacy laws prohibit Zoie Health and affiliated pharmacy partners from accepting
returns of prescription medication for reuse or resale, and all sales are final. The Zoie
Health Care Team can be reached at care@zoiehealth.com for any queries regarding
incorrect medication delivered to you.
While any cancellation of orders will be accepted at our sole and absolute discretion,
any cancellation which we do accept will only be accepted in the event that you notify us
of your intention to cancel prior to dispatch of the order in question.
Scripts & renewal:
We will aim to send you your script by email within one hour of your virtual consultation.
Although we will make every effort to meet this time frame, certain factors may affect
this and we cannot guarantee that your script will be sent in that time frame.
If you are issued a script for a contraceptive you have not used before, your healthcare
provider will issue the script for 3 months in order to ensure no adverse effects. Please
consult with your provider as soon as you experience any adverse effects. If you are
consulting for a contraceptive you have previously been prescribed, your healthcare
provider may opt to issue your script for 6 months. Scripts will not be renewed
indefinitely and you are required to book another consult if you require a script renewal
and have been on your medication for 12 months or more.
In order to qualify for automatic script renewal at no charge, you are required to
subscribe to MyContraceptive Services for a minimum period of 3 consecutive months.
Automatic script renewals may be processed without notice, therefore please notify us
on care@zoiehealth.com if you would like to change your script or if you are
experiencing any adverse events or any changes in your health status. If you choose
not to notify us of any changes to your health status, we will not be liable for any loss or
damage due as a result of this. Should you need a script renewal without subscription or
without subscription for 3 consecutive months, the fee will be R175.
You have the option to transfer your existing prescription from your current pharmacy to
our pharmacy partner. In this case, you are responsible for the legitimate transfer of
your script to our pharmacy partner, for dispensing of your remaining repeat
prescriptions.
You agree that we may contact the doctors or other health care professionals involved
in your care or treatment on your behalf to request clarifications, prescription
modifications, or additional refills. You agree to inform Zoie Health of any material
changes to your health/medical records that may affect the renewal of your script.
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Payment:
You accept that every month Zoie Health will debit the total value of your order (and any
related co-payment required by your medical aid) against the payment method tendered
by you during the check-out process. Payment will be effected on acceptance of your
order and prior to delivery. By submitting your order you warrant that you are over the
age of 18, are authorised to make payment with the payment method and that there are
sufficient funds available to pay for the order (including for payment of medication by
medical aid, including co-payments as required by your medical aid).
Your subscription will continue for the duration of the time in which your script is valid.
Monthly payments will be processed on the 25th and/or last day of the month. You will
be notified when your script is due for renewal at which point you may elect to have your
script renewed by the medical provider. Should your payment not be successful, you will
be notified by email and provided 48 hours to fulfill payment for the delivery. Any
payments after this time will incur a R100 surcharge for delivery. You are free to cancel
your subscription to the MyContraceptive Services at any time.
It is your responsibility to pay any out-of-pocket expenses for the medications you
receive from us, including any co-payment required by your medical aid plan. When you
make a payment for the MyContraceptive Services, you authorise us to keep your credit
card/selected payment method information on file for future payments. For continuity of
care, you agree to automatic refills to prevent any gap in medication coverage. You may
opt out of automatic refills by contacting us. We will automatically charge the credit/debit
card on file as each refill & delivery becomes due.
You warrant that we (and our pharmacy partners) are authorised to search a national
healthcare database for your medical aid information.
Upon signing up, you designate Zoie Health and its affiliates as your Account
representative. Your Account representative will pick up your medications from a
licensed pharmacy and deliver them to the address that you provide during the time
window indicated to you in the MyContraceptive Services.
Once a prescription is dispensed by the pharmacy, the order is final and cannot be
returned or refunded. If you wish to modify or cancel your prescription order, you must
notify us within 24 hours of receiving the reminder email or text message that your refill
is being prepared. You can make these changes by email to care@zoiehealth.com.
We reserve the right to refuse processing of payment for any order and/or to cancel any
purchase, partially or completely, with notice given to you. If you would like to amend or
cancel your order, please contact us on care@zoiehealth.com immediately. We cannot
guarantee that we will be able to amend or cancel your order in accordance with your
instructions. Orders cannot be canceled once they have been confirmed by us as set
out in the section above.
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Delivery:
You acknowledge and accept that Zoie Health or its affiliated partners may deliver the
prescribed medication, or alternatively make use of a delivery partner and courier the
prescription directly to a delivery address you have chosen.
You acknowledge, consent to, and accept that the partner pharmacies and/or delivery
partner may contact you from time to time to confirm your personal details and/or
regarding the delivery of your medication.
We charge a standard non-refundable delivery fee to deliver to your door and this fee
will be displayed during the order process. Although every reasonable effort is taken to
ensure that the delivery costs displayed on the site are correct at the time of your
purchase, if a delivery fee is incorrectly displayed, we will not be obliged to deliver
products at an incorrect delivery fee. We will only be liable to return payment already
made by you in the case you choose to cancel the sale once you have been made
aware of the correct delivery fee.
Delivery is estimated to occur within 48 working hours from the day that your first order
has been confirmed and is subject to stock availability. All subsequent orders will be
delivered to your appointed delivery address on a minimum, 28-day rolling cycle.
Although we will make every effort to meet the time frame for delivery, certain factors
may affect delivery times and we cannot guarantee that every item will be delivered in
that time frame. Deliveries will take place during the following hours: Monday to Friday,
9am to 6pm only; there will be no deliveries made on Saturdays, Sundays and public
holidays, unless by special arrangement, and at our sole discretion. During the checkout
process you will be required to enter your street code and address to determine if you
are eligible for delivery, it might not be possible for us to deliver to certain areas. You are
required to inform us of any changes to your delivery address by the 25th of the month
preceding your next delivery date, failing which, changes to delivery address may, at our
discretion, incur an additional charge of R50.
A delivery is considered complete as soon as the parcel is accepted by you or an
individual on your behalf at your specified delivery address. Anyone who takes receipt
of the parcel is presumed to be authorised to accept delivery on your behalf. For
verification purposes, the person accepting the parcel may be required to produce some
form of identification (identity document/driver's license/passport). On delivery, we will
require you or your authorised representative to sign and print your or their name on a
duplicate copy of the delivery note, to confirm receipt. Should nobody be present at the
address at the time of delivery, the parcel will be returned to us and you will be
contacted to arrange an alternative delivery time. We will attempt a second delivery and
if this is unsuccessful, you will be charged R50 (inc VAT) at the third delivery attempt. If
the third delivery attempt is unsuccessful, you may request another delivery service at a
surcharge of R150 (inc VAT). It is your responsibility to ensure that you or the intended
receiver of the products inspect(s) them on arrival and makes known any complaints.
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The receiver has the right to refuse the parcel if it appears to have been opened or if it
has been damaged.
Zoie Health cannot be held responsible for delivery delays or losses due to our delivery
partner .Please refer to our appointed delivery partner’s terms and conditions for
additional information on delivery services:
https://www.thecourierguy.co.za/terms-conditions/
Medical aid claims:
You acknowledge and accept it is your responsibility to provide the correct medical aid
scheme details and keep them to date; and you consent to and accept that Zoie Health
and our partner pharmacies may contact you from time to time to confirm your medical
aid details.
You acknowledge, consent to and accept that if you elect to claim for your medication
costs through the website from your applicable medical aid scheme, that partner
pharmacies will make a claim on your behalf, every month that you are subscribed to
the MyContraceptive Services.
You acknowledge and accept that you are responsible for all fees due to receive the
contraceptive services, including any extra fees charged to you by Zoie Health and the
partner pharmacies in the instance that your medical aid claim is rejected by your
medical aid scheme provider for any reason whatsoever.
You may claim from medical aid for the purchase of your contraceptive product provided
that your medical aid scheme will cover the costs by way of your applicable plan’s
benefits or through your medical aid scheme savings (or equivalent product). If for any
reason, your medical aid payment is not fulfilled or requires a co-payment, we will notify
you by email or text message and you will be given the opportunity to make payment by
payment link or any method we present to you.
Liability & exclusions:
If we fail to comply with these terms and conditions, we shall only be liable to you for the
purchase price of the MyContraceptive Services and not any losses that you suffer as a
result of our failure to comply (whether arising in contract, tort (including negligence),
breach of statutory duty or otherwise) which are a foreseeable consequence of such
failure.
Nothing in this agreement excludes or limits our liability for: death or personal injury
caused by our negligence; fraud or fraudulent misrepresentation; or any other matter for
which it would be illegal for us to exclude or attempt to exclude our liability.
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Applicable laws require that some of the information or communications we send to you
should be in writing. When using our site, you accept that communication with us will be
mainly electronic. We will contact you by e-mail or provide you with information by
posting notices on our website. For contractual purposes, you agree to this electronic
means of communication and you acknowledge that all contracts, notices, information
and other communications that we provide to you electronically comply with any legal
requirement that such communications be in writing. This condition does not affect your
statutory rights.
All notices given by you to us must be sent to care@zoiehealth.com or by text message
to our official WhatsApp number. We may give notice to you at either the email or cell
phone number you provide to us when placing an order. Notice will be deemed received
and properly served immediately when posted on our website, 24 hours after an e-mail
or sms/text message is sent. In proving the service of any notice, it will be sufficient to
prove, in the case of an email, that such email was sent to the specified email address
of the addressee.
The contract between you and us is binding on you and us and on our respective
successors and assignees. You may not transfer, assign, charge or otherwise dispose
of a Contract, or any of your rights or obligations arising under it, without our prior
written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of
a Contract, or any of our rights or obligations arising under it, at any time during the
term of the Contract.
We will not be liable or responsible for any failure to perform, or delay in performance
of, any of our obligations under a Contract that is caused by events outside our
reasonable control (Force Majeure Event). Our performance under any Contract is
deemed to be suspended for the period that the Force Majeure Event continues, and we
will have an extension of time for performance for the duration of that period. We will
use our reasonable endeavors to bring the Force Majeure Event to a close or to find a
solution by which our obligations under the Contract may be performed despite the
Force Majeure Event.
We have the right to revise and amend these terms and conditions from time to time to
reflect changes in market conditions affecting our business, changes in technology,
changes in payment methods, changes in relevant laws and regulatory requirements
and changes in our systems’ capabilities.
You acknowledge and accept that through the website you can request a prescription
for various types of contraceptives and that different types of contraceptives have
different risks of adverse events and different side effects.
You acknowledge and accept that it's your responsibility to review, consider and
understand the information that Zoie Health, medical providers and partner pharmacies
supplies you with before taking the medication you are prescribed, whether it is a
contraceptive or any other sexual health orientated scheduled medication.
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You acknowledge and accept that if you supply information (including but not limited to
your age, weight, height and blood pressure) about yourself that isn't true, correct,
accurate and complete, you will be at greater risk of being harmed and/or suffering an
adverse event (which can be caused by a number of factors, including but not limited to
an allergic reaction, side effects, interactions between medications, smoking,
supplements or recreational drugs) by the prescribed medication you are taking. We will
not be liable for any loss or damage due to the use of your contraceptive product.
Please refer to the package insert for instructions on the use of your medication.
HOME CONTRACEPTIVE SERVICES
By placing an order for home contraceptive services, you also agree to provide us with
the correct physical address for where the consultation will take place. We reserve the
right to not provide home services at locations outside our area of operation (these
areas will be determined by us and may or may not be communicated to you
before/after you have booked the services). We reserve the right to cancel any home
contraceptive services that have been booked and paid for, for any reason we deem
necessary and reasonable and we will inform you of such cancellation no later than 24
hours before your appointment, unless under unforeseen circumstances.
By booking for home contraceptive services you agree to give our provider partner the
necessary access to the property (building/house/apartment/office/place of dwelling) at
your selected address. You agree to defend, indemnify, and hold us harmless, including
our subsidiaries, affiliates, and all of our respective officers, agents, partners, and
employees, from and against any death, loss, damage, liability, claim, or demand,
including reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of our provider partner fulfilling the home contraceptive services at your
selected address.
4. ZOIE ONLINE SHOP
This section describes the terms and conditions governing the purchasing of products
on the Zoie Health website (online shop). You should understand that by placing an
order for any individual item(s), bundle, care box/kit (“product”), you acknowledge and
agree to be bound by these terms and conditions. You will be required to click on the
tick box during the order process to accept them in English. Please understand that if
you refuse to accept these terms and conditions, you will be unable to order any product
from our site. By placing an order you warrant that you are at least 18 years old and are
legally capable of entering into binding contracts. You agree that your use of the website
to purchase products is at your sole risk. We do not have to accept orders for products
from individuals outside of the Republic of South Africa.
In order to fulfill your order, we may outsource services/products from other partners,
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including, but not limited to, product suppliers, pharmacy (“pharmacy partner”) and/or
third party delivery service partner (“delivery partner”) selected by us as our
sub-contractor. You consent to (where required) delivery of your information to Zoie
Health’s selected partners as part of coordinating fulfillment and payment for your order.
You assign Zoie Health as your recognised representative for the purpose of receiving
any medication from the partner pharmacies.
Placing an order:
After placing an order via our site, you will receive an email from us acknowledging that
we have received your order. Please note that this does not mean that your order has
been accepted. Your order constitutes an offer by you to purchase our products. All
orders are subject to acceptance by us, and we will confirm such acceptance to you by
email or SMS/ text message to confirm the details of your order and/or delivery
(together, the “Order Confirmation”). The contract between us (the “Contract”) will only
be formed when we send you confirmation in accordance with this clause.
Products and pricing/quantities:
The price, and or quantities, of the products will be as quoted on our site from time to
time, except in cases of obvious error. These prices, and or quantities, are liable to
change at any time, but changes will not affect orders in respect of which we have
already sent you an Order Confirmation. We will normally verify prices, and or
quantities, as part of our Order procedure so that, where the correct price, and or
quantity, of a product is less than our stated price, and or quantity; we will charge the
lower Rand amount to you or provide the product at the lower quantity. If the correct
price, and or quantity, of a product is higher than the price, and or quantity, stated on our
site, we will, at our discretion, either contact you for instructions before providing the
Order Confirmation, or reject your order and notify you of such rejection.
Unless expressly agreed otherwise by the parties, payment for all products must be by
credit or debit card, automatic debit order, or using any legitimate secure payment link
sent to you by us. We accept payment with Visa, Maestro, Mastercard, and Visa
Electron. We will not charge your credit or debit card until after we have issued the
Order Confirmation.
We may in our sole discretion offer you a discount from time to time on the price of our
products. Please note that the discount will only apply for that specific promotional offer.
Prices are correct as at the time of publication on this Site, but are subject to change
without notice. We will take all reasonable efforts to accurately reflect the description,
availability, purchase price and delivery charges, however should there be any errors on
the Site, we will not be liable for any loss, damage or expense that you incur in
connection with such error, save for in the case of any incorrect purchase price, in which
case we will refund to you any amount already paid.
Prices will be displayed in South African Rand and may include VAT. Prices are
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applicable to payment link and credit card purchases only, including any discounts.
Prices on this Site apply to South Africa only and products purchased via this Site will
only be delivered within South Africa to areas where we deliver. Upon receiving your
order, we may confirm if we deliver to your area. Please note that we cannot deliver to
areas not covered by our delivery partners. If you are in an outlying area, please confirm
if we can deliver to your area by sending us an email to care@zoiehealth.com
Should we not be able to fulfill any order at the advertised price due to sold out stock,
we will inform you via your elected method of communication. If you have already paid,
we will provide you an alternative product, or reimburse you for the Rand value you
have paid if there are no other alternatives available.
Promotions, vouchers and coupons:
Zoie Health may from time to time sell electronic gift vouchers (“Vouchers”) and make
electronic promotional codes (“Coupons”) available for use on the Website towards the
purchase of Zoie Health products. More specifically:
1. Vouchers and Coupons are only valid for the period specified. If your Voucher or
Coupon has not been used within that period, it will expire.
2. Vouchers and Coupons cannot be used to buy other Vouchers or Coupons, and
are not transferable.
3. Vouchers and Coupons are only eligible for redemption via the original email
address or number that they were sent to.
4. Only one Voucher or Coupon can be used per person unless Zoie Health
specifies otherwise
5. Vouchers and Coupons can only be used once, with promotional offers on the
Website
6. Vouchers and Coupons do not accrue interest and are not refundable for cash
once purchased.
7. If your Vouchers or Coupon value is insufficient for the order you wish to place,
you may make up the difference by paying via one of our other payment
methods.
8. Vouchers and Coupons are issued electronically at Zoie Health’s sole discretion.
Users do not have a right to Vouchers and Coupons, and Vouchers and Coupons
cannot be earned. Vouchers and Coupons are issued under specific terms and
conditions regulating when and how they may be used.
9. If Zoie Health is running a special on the Website where a discount is
automatically applied upon check-out, and you try to redeem a Voucher or
Coupon as well, the Website will automatically apply the promotion of greater
value or benefit to you
10. Site Promotions
10.1. From time to time Zoie Health will run promotions. These promotions will
either be on selected products or site wide. For each promotion there will
be specific terms and conditions. Promotions may require the users to
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apply the stated promo-code to their cart during the check-out process.
10.2. Only one promotion applies at a time when ordering a product.
Returns and cancellations:
Pharmacy laws prohibit Zoie Health and affiliated pharmacy partners from accepting
returns of medication for reuse or resale, and all sales that include a medicine product
are final. The Zoie Health Care Team can be reached at care@zoiehealth.com for any
queries regarding incorrect medication delivered to you.
While any cancellation of orders will be accepted at our sole and absolute discretion,
any cancellation which we do accept will only be accepted in the event that you notify us
of your intention to cancel prior to dispatch of the order in question.
If we deliver the incorrect product to you, or if the product is not as described on the
Site, please notify us on our official WhatsApp number or by email on
care@zoiehealth.com and we will collect the product from you at no charge. If your
bundle/kit/care box is missing any item, please let us know and we will endeavor to
deliver the correct product to you as soon as possible or credit you with the purchase
price of the product. Bundles, kit and care boxes may not be returned since these
products are made up of several different products. Individual products may only be
returned if they are damaged or defective for the use for which they were purchased.
We will not be liable to replace a product that is defective as a result of normal wear &
tear, if you have altered the product, damage from electrical surges or negligence or
incorrect usage. Some personal items cannot be returned, this includes items such as
undergarments, breastfeeding items, etc.
Payment:
You accept that every month Zoie Health will debit the total value of any recurring order
against the payment method tendered by you during the check-out process. Payment
will be effected on acceptance of your order and prior to delivery. By submitting your
order you warrant that you are over the age of 18, are authorised to make payment with
the payment method and that there are sufficient funds available to pay for the order.
Your recurring order will continue for the duration of the time you specify. Monthly
payments will be processed on the 25th and/or last day of the month. Should your
payment not be successful, you will be notified by email and provided 48 hours to fulfill
payment for the delivery. Any payments after this time will incur a R100 surcharge for
delivery. You are free to cancel your recurring order at any time.
You authorise us to keep your credit card/selected payment method information on file
for future payments. You warrant that we (and our pharmacy partners) are authorised to
search a national healthcare database for your medical aid information. Upon signing
up, you designate Zoie Health and its affiliates as your Account representative. Your
Account representative will pick up your medications from a licensed pharmacy and
deliver them to the address that you provide during the time window indicated to you in
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the Order Confirmation.
We reserve the right to refuse processing of payment for any order and/or to cancel any
purchase, partially or completely, with notice given to you. If you would like to amend or
cancel your order, please contact us on care@zoiehealth.com immediately. We cannot
guarantee that we will be able to amend or cancel your order in accordance with your
instructions. Orders cannot be canceled once they have been confirmed by us as set
out in the section above.
Delivery:
You acknowledge and accept that Zoie Health or its affiliated partners may deliver your
order, or alternatively make use of a delivery partner and courier your order directly to a
delivery address you have chosen.
You acknowledge, consent to, and accept that the partner pharmacies and/or delivery
partner may contact you from time to time to confirm your personal details and/or
regarding the delivery of your order.
We charge a standard non-refundable delivery fee to deliver to your door and this fee
may be displayed during the order process. Although every reasonable effort is taken to
ensure that the delivery costs displayed on the site are correct at the time of your
purchase, if a delivery fee is incorrectly displayed, we will not be obliged to deliver
products at an incorrect delivery fee. We will only be liable to return payment already
made by you in the case you choose to cancel the sale once you have been made
aware of the correct delivery fee.
Delivery is estimated to occur within 1 - 7 business days from the day that your first
order has been confirmed and is subject to stock availability. Although we will make
every effort to meet the time frame for delivery, certain factors may affect delivery times
and we cannot guarantee that every item will be delivered in that time frame. Deliveries
will take place during the following hours: Monday to Friday, 9am to 6pm only; there will
be no deliveries made on Saturdays, Sundays and public holidays, unless by special
arrangement, and at our sole discretion. During the checkout process you will be
required to enter your street code and address to determine if you are eligible for
delivery, it might not be possible for us to deliver to certain areas. Any changes to
delivery address once your order has been dispatched may, at our discretion, incur an
additional charge of R50.
A delivery is considered complete as soon as the parcel is accepted by you or an
individual on your behalf at your specified delivery address. Anyone who takes receipt
of the parcel is presumed to be authorised to accept delivery on your behalf. For
verification purposes, the person accepting the parcel may be required to produce some
form of identification (identity document/driver's license/passport) or a PIN code. On
delivery, we may require you or your authorised representative to sign and print your or
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their name on a duplicate copy of the delivery note, to confirm receipt. Should nobody
be present at the address at the time of delivery, the parcel will be returned to us and
you will be contacted to arrange an alternative delivery time. We will attempt a second
delivery and if this is unsuccessful, you will be charged R50 (inc VAT) at the third
delivery attempt. If the third delivery attempt is unsuccessful, you may request another
delivery service at a surcharge of R150 (inc VAT). It is your responsibility to ensure that
you or the intended receiver of the products inspect(s) them on arrival and make known
any complaints. The receiver has the right to refuse the parcel if it appears to have been
opened or if it has been damaged.
Zoie Health cannot be held responsible for delivery delays or losses due to our delivery
partner. Please refer to our appointed delivery partner’s terms and conditions for
additional information on delivery services:
https://www.thecourierguy.co.za/terms-conditions/
and/or
https://www.fastway.co.za/media/2466/fastway-couriers-conditions-of-carriage-popia-apr
il-2021.pdf
Liability & exclusions:
If we fail to comply with these terms and conditions, we shall only be liable to you for the
purchase price of the product(s) and not any losses that you suffer as a result of our
failure to comply (whether arising in contract, tort (including negligence), breach of
statutory duty or otherwise) which are a foreseeable consequence of such failure.
Nothing in this agreement excludes or limits our liability for: death or personal injury
caused by our negligence; fraud or fraudulent misrepresentation; or any other matter for
which it would be illegal for us to exclude or attempt to exclude our liability.
Applicable laws require that some of the information or communications we send to you
should be in writing. When using our site, you accept that communication with us will be
mainly electronic. We will contact you by e-mail or provide you with information by
posting notices on our website. For contractual purposes, you agree to this electronic
means of communication and you acknowledge that all contracts, notices, information
and other communications that we provide to you electronically comply with any legal
requirement that such communications be in writing. This condition does not affect your
statutory rights.
All notices given by you to us must be sent to care@zoiehealth.com or by text message
to our official WhatsApp number. We may give notice to you at either the email or cell
phone number you provide to us when placing an order. Notice will be deemed received
and properly served immediately when posted on our website, 24 hours after an e-mail
or sms/text message is sent. In proving the service of any notice, it will be sufficient to
prove, in the case of an email, that such email was sent to the specified email address
of the addressee.
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The contract between you and us is binding on you and us and on our respective
successors and assignees. You may not transfer, assign, charge or otherwise dispose
of a Contract, or any of your rights or obligations arising under it, without our prior
written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of
a Contract, or any of our rights or obligations arising under it, at any time during the
term of the Contract.
We will not be liable or responsible for any failure to perform, or delay in performance
of, any of our obligations under a Contract that is caused by events outside our
reasonable control (Force Majeure Event). Our performance under any Contract is
deemed to be suspended for the period that the Force Majeure Event continues, and we
will have an extension of time for performance for the duration of that period. We will
use our reasonable endeavors to bring the Force Majeure Event to a close or to find a
solution by which our obligations under the Contract may be performed despite the
Force Majeure Event.
We have the right to revise and amend these terms and conditions from time to time to
reflect changes in market conditions affecting our business, changes in technology,
changes in payment methods, changes in relevant laws and regulatory requirements
and changes in our systems’ capabilities.
You acknowledge and accept that through the website you can purchase medication
and that different types of medication have different risks of adverse events and
different side effects. You acknowledge and accept that it's your responsibility to review,
consider and understand the consumer medicine information sheet (CMI) that may be
supplied with any medication that forms part of your order, before taking the medication.
You acknowledge and accept that if you supply information (including but not limited to
your age, weight, height and blood pressure) about yourself that isn't true, correct,
accurate and complete, you may be at greater risk of being harmed and/or suffering an
adverse event (which can be caused by a number of factors, including but not limited to
an allergic reaction, side effects, interactions between medications, smoking,
supplements or recreational drugs) by the medication you are taking. We will not be
liable for any loss or damage due to the use of your medication product. Please refer to
the CMI for instructions on the use of your medication.
Zoie wallet:
The Zoie wallet product is implemented as an alternative form of payment. The following
rules apply to this product: R1 will be earned for every R20 (5% on every product) spent
on the shop. Points will be earned whenever an individual refers another to the wallet
product. R50 will be earned, by both the referrer and referee, whenever an individual
refers another to the wallet product. Double rewards will be earned at specified times for
specified promotions. Upon returning a product, the member has the option to be
refunded to their wallet.
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Uploading a script rules:
Hard copies of the scripts are to be stored in the pharmacy. In the event of a fax, verbal
or other electronically transmitted prescription a permanent copy must be kept.
Zoie Health will only dispense medication upon receipt of a valid prescription from a
healthcare provider registered in South-Africa. A valid script needs to be in-date, have
valid repeats, and include: (1) Name, qualification, registration number and address of
prescriber; (2)Identification of the patient; (3) The date of issue of the prescription; (4)
The approved name or proprietary name of the medicine; (5) Dosage form; (6) Strength
of the dosage form and the quantity of the medicine – Schedule 6 must have the
quantity in figures and words; (7) Instructions for the administration of the dosage,
frequency of administration; (8) Number of times the prescription may be repeated.
Irrespective of what format the prescription is in, the pharmacist will verify the
authenticity of the prescription. In the case of a verbal prescription for medication up to
schedule 5, a signed prescription must be obtained within 7 days.
Schedule 5 and 6 prescriptions must be submitted to the pharmacy directly from the
doctor. Prescriptions can be transferred as the original directly from the doctor via email
to pharmacy@zoiehealth.com.
Schedule 6 prescriptions: (1) Cannot be repeated, a new prescription must be issued
each month. The prescription may only be dispensed if it is presented within 30 days of
issue; (2) Only a 30 day supply can be dispensed of schedule 6 medicine; (3) On a
Schedule 6 prescription, the quantity to be supplied must be expressed in numbers and
in words (where the quantity to be supplied is not indicated in words, telephonic
confirmation with the prescriber is acceptable); (4) In an emergency, verbal instruction
may be taken from a prescriber known to the pharmacist to provide enough medicine
for 48 hours continuous use. The prescriber is obligated to provide the pharmacist,
within 72 hours, with a written prescription confirming the verbal instructions.
Zoie Health will not be held responsible for late medication/chronic medication if this
was not requested within an adequate time, if a repeat was not requested, if a script
does not meet requirements or if a script is expired.
If a medication is out of stock at suppliers, Zoie Health will notify the member before
replacing the medication with an equivalent (the same active ingredient, dosage form,
strength, route of administration, quality, safety, and intended use). There are several
reasons why medications are out of stock at suppliers, including supply chain
disruptions (delays in shipping or manufacturing, or if there are shortages of raw
materials), increased demand (outbreak of a disease or an increase in the number of
people with a certain condition which can lead to shortages of the medication),
regulatory issues (medications recalled due to safety concerns) and economic factors.
Medicine needs to be used as directed by your doctor and/or pharmacist.
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Do not share your medicine that is intended for your use only.
Do not discard expired medication at home. Return any expired medicine to a pharmacy
for safe destruction.
According to the Medicines Control Council (MCC) of South Africa, medicines can not
be returned for a refund once it has left the premises. Zoie Health will not accept the
return of any medicine for credit or replacement unless there is a defect in the medicine
or its packaging at the time of supply, or if an incorrect medicine has been dispensed.
Ask your pharmacist all you need to know about your medicine and ensure you know
how to safely and effectively use your medicine.
Store your medicine correctly as advised by your pharmacist and keep it out of reach of
children.
Medication needs to be used properly and responsibly as directed by your pharmacist
and/or doctor.
Tell your pharmacist about all the medicines that you take for other conditions as well as
any allergies that you may have.
Comply with the prescribed treatment.
Talk to your doctor and/or pharmacist about anything that concerns you about your
medicine.
Zoie Health will not share customer information with third parties without their consent,
unless required by law.
5. EMERGENCY PANIC BUTTON SERVICE
The emergency panic button services are brought to you by Zoie in partnership with
AURA APP Proprietary Limited (AURA) to provide emergency assistance services to
Zoie members subscribed for the Zoie+ package. In order to qualify for the emergency
panic button services, you need to download the Zoie App, register and subscribe to the
Zoie+ membership for a minimum of 3 months. You are free to cancel your subscription
to the services at any time.
The monthly subscription fee will be listed on the Zoie App, but is subject to change
without notice. We may in our sole discretion offer you a discount from time to time on
the price of the Zoie+ membership. Please note that the discount will only apply for that
specific promotional offer.
HOW IT WORKS
● In an emergency situation, you can initiate a panic activation on the Zoie App by
pressing the panic button. Location services must be on in the Zoie app for the
emergency panic button to be enabled.
● The AURA Controller (“Controller”) will receive the panic on the AURA Control
Centre with all your information provided at registration (and any additional
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information that may be required to appropriately assist you in the event of an
emergency) and call you back.
● The Controller will get all the information regarding your emergency and dispatch
the closest Responders who will begin navigating to your location. The Controller
will then update you about the Responder who is responding to your emergency.
● When the Responder arrives at the scene, they will make contact with you,
assess the situation and should there be a need, request any other additional
resource to the location like Police, Medical Services or Security backup.
● The Responder will remain on scene and ensure your safety until you are fully
assisted.
In the event that you are not able to answer your phone after 2 attempts of the
Controller trying to reach you, the callout will be verified and treated as a confirmed
emergency. The dispatch procedure will be initiated and an SMS will be sent to you via
the AURA Control Centre and another attempt will be made to contact you thereafter.
In the event that you confirm that you are safe and don’t need any security or medical
help, the Controller will confirm your duress code (which is either your date of birth or
the last 4 digits of your phone number). The Controller WILL explain what a duress code
is and what it is used for. If your location is not visible, the Controller will ask you to
check if your device location permissions are on and ask you to test again. If
unresolved, the callout will immediately be escalated internally.
By making use of the emergency panic button services, you consent and acknowledge
that we, AURA and all emergency response service providers will have access to your
personal information and location details and may process such information as
envisaged in the Protection of Personal Information Act, 2013 for the purposes of
assisting you in an emergency.
MANUAL DISPATCH PROCEDURE
If a tech dispatch is not successful or is not available, the AURA Controller reverts to a
manual dispatch in one of two forms:
● Single Responder Dispatch: this type of dispatch allows the AURA Controller to
select the nearest available Responder with an AURA device in their vehicle and
dispatch them through the AURA Portal. Once the Responder accepts the call on
their end, the AURA device will navigate the Responder to the scene while the
AURA controller has full visibility at all times along with an estimated time of
arrival (ETA).
● Manual Dispatch: this type of dispatch is a last resort where either there is a
technical glitch or there are no responders with an AURA device in their vehicle
within the area. In this case, the AURA Controller makes contact with partner
security companies control rooms within the area to dispatch a responder. The
AURA Controller relies on an ETA given by their control room and has no visibility
of the responder throughout the callout. The AURA Controller maintains contact
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with the responder’s control room for feedback.
NB: If neither of the responders within range that are rung during a tech dispatch
accepts the callout for a variety of reasons (e.g. busy with primary alarms, on a break,
shift change...), the AURA Controller will revert to a Manual Dispatch.
INCIDENTS COVERED
6. UPLOAD A SCRIPT SERVICE
● An invoice will be provided after each purchase. Invoice can be printed OR
electronic version will be provided.
● Zoie Health will only dispense medication upon receipt of a valid prescription
from a healthcare provider registered in South-Africa. A valid script needs to be
in-date, have valid repeats, and include:
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1. Name, qualification, registration number and address of prescriber;
2. Identification of the patient;
3. The date of issue of the prescription;
4. The approved name or proprietary name of the medicine;
5. Dosage form;
6. Strength of the dosage form and the quantity of the medicine – Schedule 6
must have the quantity in figures and words;
7. Instructions for the administration of the dosage, frequency of
administration;
8. Number of times the prescription may be repeated.
● Irrespective of what format the prescription is in, the pharmacist must verify the
authenticity of the prescription.
● In the case of a verbal prescription for medication up to schedule 5, a signed
prescription must be obtained within 7 days.
● Schedule 5 and 6 prescriptions must be submitted to the pharmacy directly from
the doctor. Prescriptions can be transferred as the original directly from the
doctor via email to pharmacy@zoiehealth.com.
● Schedule 6 prescriptions:
1. Cannot be repeated, a new prescription must be issued each month. The
prescription may only be dispensed if it is presented within 30 days of
issue;
2. Only a 30 day supply can be dispensed of schedule 6 medicine;
3. On a Schedule 6 prescription, the quantity to be supplied must be
expressed in numbers and in words (where the quantity to be supplied is
not indicated in words, telephonic confirmation with the prescriber is
acceptable);
4. In an emergency, verbal instruction may be taken from a prescriber
known to the pharmacist to provide enough medicine for 48 hours
continuous use. The prescriber is obligated to provide the pharmacist,
within 72 hours, with a written prescription confirming the verbal
instructions.
● Only 1 month supply will be dispensed for repeat or chronic prescriptions.
● Zoie Health will not be held responsible for late medication/chronic medication if
this was not requested within an adequate time, if a repeat was not requested, if
a script does not meet requirements or if a script is expired.
● If a medication is out of stock at suppliers, Zoie Health will notify the member
before replacing the medication with an equivalent (the same active ingredient,
dosage form, strength, route of administration, quality, safety, and intended use).
There are several reasons why medications are out of stock at suppliers,
including supply chain disruptions (delays in shipping or manufacturing, or if
22
there are shortages of raw materials), increased demand (outbreak of a disease
or an increase in the number of people with a certain condition which can lead to
shortages of the medication), regulatory issues (medications recalled due to
safety concerns) and economic factors.
● Medicine needs to be used as directed by your doctor and/or pharmacist.
● Do not share your medicine that is intended for your use only.
● Do not discard expired medication at home. Return any expired medicine to a
pharmacy for safe destruction.
● According to the Medicines Control Council (MCC) of South Africa, medicines
can not be returned for a refund once it has left the premises. Zoie Health will not
accept the return of any medicine for credit or replacement unless there is a
defect in the medicine or its packaging at the time of supply, or if an incorrect
medicine has been dispensed.
● Ask your pharmacist all you need to know about your medicine and ensure you
know how to safely and effectively use your medicine.
● Store your medicine correctly as advised by your pharmacist and keep it out of
reach of children.
● Medication needs to be used properly and responsibly as directed by your
pharmacist and/or doctor.
● Not all medication products are suitable for every medical condition, and their
use may occasionally interfere with ongoing treatment or exacerbate an existing
condition. Therefore, if you experience any concerns or issues while using any
medication, please consult with your doctor or pharmacist.
● Tell your pharmacist about all the medicines that you take for other conditions as
well as any allergies that you may have.
● Counselling Patients on New and Repeat Prescriptions: Patients can contact the
pharmacy. Our pharmacists provide telephonic counselling and guidance
regarding medication usage, potential side effects, and interactions before
dispensing.
● Counselling Patients on Medicines Sold Without a Prescription: Our pharmacist
can provide details on the availability of over-the-counter (OTC) medicines and
recommendations for OTC products.
● Comply with the prescribed treatment.
● Talk to your doctor and/or pharmacist about anything that concerns you about
your medicine.
● To purchase medication for another person using their prescription, it is
necessary to obtain their express authorization. By submitting an order for
medication on behalf of someone else, you are attesting to having obtained such
authorization. In the case of a legal guardian, they may request refills of
23
medication for individuals under their guardianship who are under 16 years of
age, unless otherwise specified by a court-appointed guardian.
● Our delivery process is designed to ensure prompt and reliable service to our
customers. We offer various delivery options, including express delivery, to cater
to different needs and timelines. Once an order is received, our dedicated team
promptly processes it, verifying the prescription (if applicable) and preparing the
medication for dispatch. Our staff takes great care in securely packaging the
medicines, using appropriate materials and techniques to ensure their protection
during transit. We prioritise maintaining the integrity and quality of the products.
We provide customers with a range of delivery options to choose from. Standard
delivery is available for regular orders, while express delivery is offered for those
requiring urgent or time-sensitive medications. Express delivery can take up to 2
days to arrive. We partner with trusted and reliable courier services to handle the
transportation of our packages. These couriers are selected based on their track
record of safe and timely deliveries. To keep customers informed, we provide
tracking details that allow them to monitor the progress of their delivery.
Notifications are sent to provide updates on the status of the shipment. Our
customer support team is readily available to address any inquiries or concerns
regarding the delivery process. They are dedicated to providing prompt
assistance and ensuring a positive customer experience.
● It is essential that upon receiving your medication delivery, you carefully review
the information and instructions provided on the packaging to ensure that the
medication is used safely and effectively. Please inspect the items dispensed to
you promptly and with great care upon receipt. If you suspect that you have
received an incorrect medication, an incorrect quantity, or incorrect strength of
medication, please contact Zoie Health immediately.
● Please do not consume any medication that appears to have been tampered with
or that may have been dispensed in error.
● Zoie Health will not share customer information with third parties without their
consent, unless required by law. At Zoie Health, we understand the importance of
protecting the privacy and confidentiality of patient information. We have
implemented measures to ensure the security and confidentiality of all personal
and medical data shared with us. We have a comprehensive privacy policy in
place that outlines our practices regarding the collection, use, and disclosure of
patient information. We employ practices to safeguard patient information from
unauthorised access, disclosure, alteration, or destruction. Access to patient
information is restricted to authorised personnel.
● Zoie Health will not share customer information with third parties without their
consent, unless required by law.
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● It is your responsibility to inform Zoie Health of any changes to your personal
information.
● Complaints Procedures: At Zoie Health, we value feedback from our customers
and strive to address any concerns or complaints promptly and effectively. We
have established a clear process to ensure that complaints are handled in a fair
and satisfactory manner. Customers can file a complaint by contacting our
dedicated customer support team via email, phone, or through the designated
complaint form available on our website. Provide detailed information about the
nature of the complaint, including relevant order details and any supporting
documentation. Upon receiving a complaint, our team will acknowledge its
receipt and initiate an investigation. A designated representative will be assigned
to handle the complaint and will communicate with the customer throughout the
process. We will review the complaint, assess the situation, and gather any
additional information or evidence if required. We prioritise resolving complaints
as quickly as possible. The exact timeframe for resolution may vary depending
on the complexity of the issue, but we commit to handling complaints in a timely
manner. Regular updates will be provided to the customer regarding the progress
of the complaint and the expected resolution timeline. We treat all complaints
with strict confidentiality. Personal information shared during the complaint
process will be handled in accordance with our privacy policy and applicable
regulations. Only authorised personnel involved in the complaint resolution
process will have access to the relevant information. Our ultimate goal is to
ensure customer satisfaction. We take all complaints seriously and will make
every effort to address the issue, provide a suitable resolution, and prevent
similar incidents in the future.
7. EMERGENCY CONTRACEPTION SERVICE
Minimum standards for emergency postcoital contraception (EPC) in accordance
with GPP 2.26:
● Emergency post-coital contraception (EPC) is often referred to as the 'morning
after pill', taken within 72 hours (Levonorgestrel) or 120 hours (Ulipristal) of
unprotected sex.
● The EPC will not be effective if the woman is pregnant already, although it is not
considered to be harmful to the foetus.
● EPC can alter the timing and type of bleeding of the next menstrual period.
Bleeding may start a little early or a little late, but if it is more than five days late
then pregnancy is a possibility and further referral is necessary.
● EPC is not as effective as conventional methods of contraception and is not
recommended for regular use.
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● Emergency contraception should not be used in patients with a history of blood
clots. Women with diabetes, liver disease, heart disease, kidney disease, or high
blood pressure require special consideration.
● Small amounts of levonorgestrel may appear in breast milk. While not considered
harmful, to reduce the amount that the baby might ingest, the woman can be
advised either to express milk immediately before taking the EPC or to delay
taking the medicine until immediately after feeding the baby.This approach must
be weighed against the need to minimise delays in treatment.
The following information must be obtained from the patient prior to the supply of
EPC to the patient (in addition to that required in the course of dispensing a
prescription):
1. Certainty that the patient does not want to become pregnant;
2. Date of patient's last menstrual period to rule out established pregnancy;
3. The time that has elapsed since unprotected intercourse occurred (less than 72
hours is more likely to prevent pregnancy); and
4. Whether the patient has been a victim of sexual assault.
To assess how likely it is that the woman might be pregnant, the following
questions could be asked:
5. Is your period late? How late?
6. Was your last period lighter or shorter than normal?
7. Was your last period unusual in any other way? And
8. At any time before this occasion and since your last period, have you had
unprotected sexual intercourse?
(If the woman answers 'yes' to any of these questions 5-8 , then a referral, or a
pregnancy test, should be recommended).
Pharmacists must ensure that the following standards are observed in the supply
of EPC as an over-counter-medicine in a pharmacy:
● The pharmacist who supplies EPC must have sufficient knowledge of the product
to enable him/her to make an informed decision when requests for EPC are
made;
● A pharmacist must deal with the request personally and decide whether to supply
the product or refer the patient to another appropriate healthcare professional;
● A pharmacists must ensure that all necessary advice and information is provided
to enable the patient to assess whether to use the product suggested/supplied;
● Requests for EPC should be handled sensitively with due regard being given to
the customer's right to privacy;
● Only in exceptional circumstances should pharmacists supply the product to a
person other than the patient;
● Pharmacists should, whenever possible, take reasonable measures to inform
patients of regular methods of contraception, disease prevention and sources of
26
help: to help reduce patient stress and anxiety, it is crucial that pharmacists
remain supportive and refrain from making judgemental comments or indicating
disapproval by means of body language or facial expressions while discussing
EPC;
● Supportive pharmacist attitudes, including respect for population diversity and
patient beliefs, will also improve compliance and promote effective
patient-pharmacist communication if follow-up is needed;
● Pharmacists must bear in mind that patients seeking EPC may be under stress
after unprotected intercourse for many reasons which may include: (i) fear of
becoming pregnant; (il) embarrassment at failing to use contraceptives
effectively; (iii) general embarrassment about sexual issues; (iv) lack of
knowledge about EPC; (v) rape and/or sexual abuse trauma; (vi) concern about
auto-immune deficiency syndrome (AIDS) and sexually transmitted infections
(STIs); (vii) worry about missing the narrow window of opportunity for EPC; and
(viii) a combination of these factors.
● Pharmacists who do not wish to provide EPC treatment for personal reasons
should maintain objectivity and remain professional when dealing with patients.
In this case, patients must be referred to an alternate source of EPC;
● If the patient questions the pharmacist as to why he or she will not be providing
the product or service personally, the pharmacist should answer in a manner that
does not make the patient feel uncomfortable; and alternate sources for PC
might include referral to one or more pre-arranged options such as: (i) another
pharmacist in the same pharmacy; (ii) another pharmacy in the vicinity;(iii) a
medical practitioner; and (vi) a nearby hospital, community health centre, primary
health care clinic or reproductive health clinic.
● Confidentiality: It is important that all pharmacy staff, including pharmacists,
pharmacist interns, pharmacist's assistants and any staff who may be the first
contact for the patient be informed of the EPC service available at the pharmacy.
Adequate training of personnel in the pharmacy is advocated in the handling of
patients seeking these services. All staff must show sensitivity and ensure
confidentiality.
Patient counselling
● Patients will need to be counselled telephonically or video call in order to meet
minimum requirements
● Through the course of counselling, it may become evident that a referral is
needed to a medical practitioner, reproductive health clinic, etc.
● Women must be counselled to take the first dose of EPC as soon as it is
convenient, keeping in mind the timing of the second dose. For example, rather
than encouraging the patient to take the first dose at 16h00 (with the second
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dose at 04h00), it might be better to suggest that she takes the first dose at
19h00).
● The pharmacist must explain that emergency contraception does not protect
against or treat sexually transmitted infections (STIs. If the patient thinks she may
have contracted a STI, she will need to see a medical practitioner immediately.
● The pharmacist must remind the patient that EPC is not 100% effective and will
not terminate an established pregnancy. If her period does not commence within
three weeks, she should consider having a pregnancy test.
● The patient should be advised that her period will probably begin on time but may
be a few days earlier or later than normal.
● The pharmacist must emphasise that emergency contraception is for emergency
use only and that it is less effective than other means of birth control if used
repeatedly.
● The patient must be reminded to begin using ongoing contraception as soon as
she resumes intercourse. She may be at high risk of pregnancy following EPC
use if ovulation is delayed. If her regular method of contraception failed, the
patient must be counselled on an effective method to use if necessary.
● The patient must be supplied with a patient information leaflet containing
instructions, as well as the pharmacy phone number. She must be encouraged to
call if she has any further questions
● Emergency contraceptives are meant solely for emergency use and are not as
effective as other birth control methods for ongoing contraception. Pharmacists
should encourage patients to talk to a medical practitioner or nurse about using
an ongoing contraceptive method to prevent pregnancy in the future.
● If the patient does not have a regular health care provider, the pharmacist can
offer referrals to local providers.
● Women should be told that EPC will not provide continued protection against
pregnancy for the remainder of the menstrual cycle, and be advised about other
contraceptive measures - including recommending referral where appropriate.
● A woman seeking EPC because she has missed one or more oral contraceptive
pills should be advised to continue taking her pills as normal. In addition she
should be advised to use a barrier method of contraception for the next seven
days.
● Referral: The woman should be advised to see her doctor or reproductive health
clinic for a pregnancy test if her next period is more than five days late or is
unusual in any way or - for those taking an oral contraceptive - if there is no
bleed in the pill-free interval.
Repeated use of emergency contraception
● Although experience has shown that very few women request emergency
contraception repeatedly, mainly because of the unpleasant side effects some
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women experience while using them. Patients should nonetheless be asked if
they have used emergency contraception before, and should be counselled
accordingly.
● EPC is less effective at preventing pregnancy than typical use of regular
contraceptive methods. Therefore a patient presenting repeatedly for emergency
contraception should be provided with treatment but informed of the high
cumulative failure rate with repeated use, and provided with referrals for ongoing
care.
HIV and sexually transmitted infections (STIs)
● Patients must understand that EPC does not protect against STIs, including
HIV/AIDS, and that use of a condom is necessary to protect against these
infections.
● Patients may be very concerned about possible infection, especially in cases of
rape. Counselling on this topic is essential, with referral for diagnosis and
treatment provided when needed,
● Medical referral may be necessary to screen for infections. For this purpose,
patients should be advised to schedule a follow-up appointment with a medical
practitioner or reproductive health or sexual health clinic after taking the EPC
● If appropriate, the pharmacist should provide information (e.g. leaflets) on sexual
health and STis.
Alcohol/drugs
● In some cases the patient may not remember whether penetrative sex took place
or not. In such cases, it is best to assume that intercourse occurred and provide
emergency contraceptives.
Dealing with children and parents
Parents often have inaccurate information about their child's contraceptive use. Parents
may react with anger if they find oral contraceptives, condoms, or a product for
emergency contraception in the child's personal belongings because these indicate a
level of sexual activity of which they were not aware.
They may also feel displeased because the child did not first discuss the matter with
them.
Sometimes the provider (e.g. pharmacist, nurse) becomes the primary target of the
parent's feelings. In such cases pharmacists must first be able to address the parent's
immediate concerns and provide accurate information about contraceptives, and then
address their questions. In talking with parents, pharmacists should keep the following
objectives in mind:
● be direct, honest and professional;
● tell parents that you understand their concern; and
● inform parents that minors can consent to contraceptive and reproductive health
services and it is the pharmacist's obligation to provide them
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If the pharmacist becomes aware that a child (any one under the age of 16) has
been physically harmed, sexually abused or sexually exploited by a parent or
other person, the pharmacist must report these circumstances to the appropriate
local/provincial authority.
8. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all information, data,
source code, databases, functionality, software, icons, website designs, audio, video,
advertisements, lay-outs, text, photographs, and graphics on the Site (collectively, the
“Content”) and the trade names, trademarks, service marks, and logos contained
therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected
by copyright and trademark laws and various other intellectual property rights and unfair
competition laws of South Africa, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Site “AS IS” for your information and
personal use only. Except as expressly provided in these Terms and Conditions, no part
of the Site and no Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated, transmitted,
distributed, sold, licensed, or otherwise exploited for any commercial purpose
whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to
access and use the Site and to download or print a copy of any portion of the Content to
which you have properly gained access solely for your personal, non-commercial use.
We reserve all rights not expressly granted to you in and to the Site, the Content and
the Marks.
9. USER REPRESENTATIONS
By using the Site, you represent and warrant that:
1. all registration information you submit will be true, accurate, current, and
complete;
2. you will maintain the accuracy of such information and promptly update such
registration information as necessary;
3. you have the legal capacity and you agree to comply with these Terms and
Conditions;
4. you are not under the age of 18;
5. [if a minor, or not legally permitted to enter into a binding agreement, you have
received parental (parent or legal guardian) permission to use the Site. If your
parent or legal guardian supervises you and gives his/her consent, then such
person agrees to be bound to these Terms and Conditions and to be liable and
responsible for you and all of your obligations under these Terms and
30
Conditions.];
6. you will not access the Site through automated or non-human means, whether
through a bot, script, or otherwise;
7. you will not use the Site for any illegal or unauthorized purpose;
8. your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we
have the right to suspend or terminate your account and refuse any and all current or
future use of the Site (or any portion thereof).
10. USER REGISTRATION
You may be required to register with the Site. You agree to keep your password
confidential and will be responsible for all use of your account and password. We
reserve the right to remove, reclaim, or change a username you select if we determine,
in our sole discretion, that such username is inappropriate, obscene, or otherwise
objectionable. For security purposes you agree to enter the correct username and
password whenever using the Services, failing which you will be denied access. You
agree that, once the correct username and password relating to your account have
been entered, irrespective of whether the use of the username and password is
unauthorised or fraudulent, you will be liable for the use of the Services. You agree to
notify us immediately upon becoming aware of or reasonably suspecting any
unauthorised access to or use of your username and password and to take reasonable
steps to mitigate any resultant loss or harm.
11. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make
the Site available. The Site may not be used in connection with any commercial
endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1. systematically retrieve data or other content from the Site to create or compile,
directly or indirectly, a collection, compilation, database, or directory without written
permission from us.
2. make any unauthorized use of the Site, including collecting usernames and/or
email addresses of users by electronic or other means for the purpose of sending
unsolicited email, or creating user accounts by automated means or under false
pretenses.
3. use a buying agent or purchasing agent to make purchases on the Site.
4. use the Site to advertise or offer to sell goods and services.
5. circumvent, disable, or otherwise interfere with security-related features of the
Site, including features that prevent or restrict the use or copying of any Content or
31
enforce limitations on the use of the Site and/or the Content contained therein.
6. engage in unauthorized framing of or linking to the Site.
7. trick, defraud, or mislead us and other users, especially in any attempt to learn
sensitive account information such as user passwords;
8. make improper use of our support services or submit false reports of abuse or
misconduct.
9. engage in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools.
10. interfere with, disrupt, or create an undue burden on the Site or the networks or
services connected to the Site.
11. attempt to impersonate another user or person or use the username of another
user.
12. sell or otherwise transfer your profile.
13. use any information obtained from the Site in order to harass, abuse, or harm
another person.
14. use the Site as part of any effort to compete with us or otherwise use the Site
and/or the Content for any revenue-generating endeavor or commercial enterprise.
15. decipher, decompile, disassemble, or reverse engineer any of the software
comprising or in any way making up a part of the Site.
16. attempt to bypass any measures of the Site designed to prevent or restrict access
to the Site, or any portion of the Site.
17. harass, annoy, intimidate, or threaten any of our employees or agents engaged in
providing any portion of the Site to you.
18. delete the copyright or other proprietary rights notice from any Content.
19. copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML,
JavaScript, or other code.
20. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or
other material, including excessive use of capital letters and spamming
(continuous posting of repetitive text), that interferes with any party’s uninterrupted
use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes
with the use, features, functions, operation, or maintenance of the Site.
21. upload or transmit (or attempt to upload or to transmit) any material that acts as a
passive or active information collection or transmission mechanism, including
without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web
bugs, cookies, or other similar devices (sometimes referred to as “spyware” or
“passive collection mechanisms” or “pcms”).
22. except as may be the result of standard search engine or Internet browser usage,
use, launch, develop, or distribute any automated system, including without
limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses
the Site, or using or launching any unauthorized script or other software.
23. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
24. use the Site in a manner inconsistent with any applicable laws or regulations.
7. USER GENERATED CONTRIBUTIONS
32
The Site may invite you to chat, contribute to, or participate in blogs, message boards,
online forums, and other functionality, and may provide you with the opportunity to
create, submit, post, display, transmit, perform, publish, distribute, or broadcast content
and materials to us or on the Site, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, questions, or personal information or
other material (collectively, "Contributions").
Contributions may be viewable by other users of the Site and through third-party
websites. As such, any Contributions you transmit may be treated as non-confidential
and non-proprietary. When you create or make available any Contributions, you thereby
represent and warrant that:
1. the creation, distribution, transmission, public display, or performance, and the
accessing, downloading, or copying of your Contributions do not and will not
infringe the proprietary rights, including but not limited to the copyright, patent,
trademark, trade secret, or moral rights of any third party.
2. you are the creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us, the Site, and
other users of the Site to use your Contributions in any manner contemplated by
the Site and these Terms and Conditions.
3. you have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or likeness of
each and every such identifiable individual person to enable inclusion and use of
your Contributions in any manner contemplated by the Site and these Terms and
Conditions.
4. your Contributions are not false, inaccurate, or misleading.
5. your Contributions are not unsolicited or unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other forms
of solicitation.
6. your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,
libelous, slanderous, or otherwise objectionable (as determined by us).
7. your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. your Contributions do not advocate the violent overthrow of any government or
incite, encourage, or threaten physical harm against another.
9. your Contributions do not violate any applicable law, regulation, or rule.
10.your Contributions do not violate the privacy or publicity rights of any third party.
11. your Contributions do not contain any material that solicits personal information
from anyone under the age of 18 or exploits people under the age of 18 in a
sexual or violent manner.
12.your Contributions do not violate laws concerning child pornography, or otherwise
intended to protect the health or well-being of minors;
13.your Contributions do not include any offensive comments that are connected to
race, national origin, gender, sexual preference, or physical handicap.
14.your Contributions do not otherwise violate, or link to material that violates, any
provision of these Terms and Conditions, or any applicable law or regulation.
33
We disclaim any liability towards any third party regarding your comments and you shall
remain accountable towards any third party regarding any harm caused by your
comments.
Any comments uploaded by our users, or any authorised experts invited as our guests,
are their opinions alone and do not in any way represent our views, opinions, beliefs or
values.
Any use of the Site in violation of the foregoing violates these Terms and Conditions and
may result in, among other things, termination or suspension of your rights to use the
Site.
You may not disclose any personal contact or banking information whether in relation to
you or any other person (for example, names, home addresses or postcodes, telephone
numbers, email addresses, URLs, credit/debit card or other banking details). If you do
choose to reveal any personal information about yourself to other users, whether via
email or otherwise, it is at your own risk. We encourage you to use the same caution in
disclosing details about yourself to third parties online as you would under any other
circumstances.
8. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Site [or making Contributions accessible
to the Site by linking your account from the Site to any of your social networking
accounts], you automatically grant, and you represent and warrant that you have the
right to grant to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy,
reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache,
publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in
part), and distribute such Contributions (including, without limitation, your image and
voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative
works of, or incorporate into other works, such Contributions, and grant and authorize
sublicenses of the foregoing. The use and distribution may occur in any media format
and through any media channels.
This license will apply to any form, media, or technology now known or hereafter
developed, and includes our use of your name, company name, and franchise name, as
applicable, and any of the trademarks, service marks, trade names, logos, and personal
and commercial images you provide. You waive all moral rights in your Contributions,
and you warrant that moral rights have not otherwise been asserted in your
Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all
of your Contributions and any intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any statements or
34
representations in your Contributions provided by you in any area on the Site.
You are solely responsible for your Contributions to the Site and you expressly agree to
exonerate us from any and all responsibility and to refrain from any legal action against
us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise
change any Contributions; (2) to re-categorize any Contributions to place them in more
appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at
any time and for any reason, without notice. We have no obligation to monitor your
Contributions.
We may assign and/or sub-licence the above licence to our affiliates and successors
without any further approval by you.
9. GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a
review, you must comply with the following criteria:
(1) you should have firsthand experience with the person/entity being reviewed;
(2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or
hate language;
(3) your reviews should not contain discriminatory references based on religion, race,
gender, national origin, age, marital status, sexual orientation, or disability;
(4) your reviews should not contain references to illegal activity;
(5) you should not be affiliated with competitors if posting negative reviews;
(6) you should not make any conclusions as to the legality of conduct;
(7) you may not post any false or misleading statements;
(8) you may not organize a campaign encouraging others to post reviews, whether
positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no
obligation to screen reviews or to delete reviews, even if anyone considers reviews
objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily
represent our opinions or the views of any of our affiliates or partners.
We do not assume liability for any review or for any claims, liabilities, or losses resulting
from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive,
35
worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to
reproduce, modify, translate, transmit by any means, display, perform, and/or distribute
all content relating to reviews.
10. COMMUNITY GUIDELINES
We encourage all users to approach each other with no judgment and with respect
especially when disagreeing with one another.
Any post, question or comment in breach of the following rules, may lead to the
permanent deactivation of your account. If you see any off-limits content, please report
it to us immediately.
We have a zero-tolerance policy for any content which supports racism, bigotry and/or
hatred against users or groups based on factors including but not limited to race,
ethnicity, religion, sexual orientation, disability, gender or age. Anyone generating
content of this nature will be permanently banned from the Site and offending content
immediately removed.
We do not allow any selling and trading of goods and we are not equipped to provide a
safe space for transactions to occur.nWe do not allow any advertising, which includes:
buying or selling items; selling your services; promoting your business; or promoting
commercial events.
We do not allow marketing of businesses and recruiting as part of an incentive sales
programme and any content promoting or recruiting for multi-level marketing schemes;
content asking for services ; and surveys on behalf of third parties (except Zoie Health
generated polls). We do not allow posts that are seeking dates or arrangements.
11. MOBILE APPLICATION LICENSE
Use License
If you access the Site via a mobile application, then we grant you a revocable,
non-exclusive, non-transferable, limited right to install and use the mobile application on
wireless electronic devices owned or controlled by you, and to access and use the
mobile application on such devices strictly in accordance with the terms and conditions
of this mobile application license contained in these Terms and Conditions.
You shall not:
(1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or
decrypt the application;
(2) make any modification, adaptation, improvement, enhancement, translation, or
derivative work from the application;
36
(3) violate any applicable laws, rules, or regulations in connection with your access or
use of the application;
(4) remove, alter, or obscure any proprietary notice (including any notice of copyright or
trademark) posted by us or the licensors of the application;
(5) use the application for any revenue generating endeavor, commercial enterprise, or
other purpose for which it is not designed or intended;
(6) make the application available over a network or other environment permitting
access or use by multiple devices or users at the same time;
(7) use the application for creating a product, service, or software that is, directly or
indirectly, competitive with or in any way a substitute for the application;
(8) use the application to send automated queries to any website or to send any
unsolicited commercial e-mail;
(9) use any proprietary information or any of our interfaces or our other intellectual
property in the design, development, manufacture, licensing, or distribution of any
applications, accessories, or devices for use with the application.
Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the
Apple Store or Google Play (each an “App Distributor”) to access the Site:
(1) the license granted to you for our mobile application is limited to a non-transferable
license to use the application on a device that utilizes the Apple iOS or Android
operating systems, as applicable, and in accordance with the usage rules set forth in
the applicable App Distributor’s terms of service;
(2) we are responsible for providing any maintenance and support services with respect
to the mobile application as specified in the terms and conditions of this mobile
application license contained in these Terms and Conditions or as otherwise required
under applicable law, and you acknowledge that each App Distributor has no obligation
whatsoever to furnish any maintenance and support services with respect to the mobile
application;
(3) in the event of any failure of the mobile application to conform to any applicable
warranty, you may notify the applicable App Distributor, and the App Distributor, in
accordance with its terms and policies, may refund the purchase price, if any, paid for
the mobile application, and to the maximum extent permitted by applicable law, the App
Distributor will have no other warranty obligation whatsoever with respect to the mobile
application;
(4) you represent and warrant that (i) you are not located in a country that is subject to a
37
U.S. government embargo, or that has been designated by the U.S. government as a
“terrorist supporting” country and (ii) you are not listed on any U.S. government list of
prohibited or restricted parties;
(5) you must comply with applicable third-party terms of agreement when using the
mobile application, e.g., if you have a VoIP application, then you must not be in violation
of their wireless data service agreement when using the mobile application;
6) you acknowledge and agree that the App Distributors are third-party beneficiaries of
the terms and conditions in this mobile application license contained in these Terms and
Conditions, and that each App Distributor will have the right (and will be deemed to
have accepted the right) to enforce the terms and conditions in this mobile application
license contained in these Terms and Conditions against you as a third-party beneficiary
thereof.
12. SOCIAL MEDIA
As part of the functionality of the Site, you may link your account with online accounts
you have with third-party service providers (each such account, a “Third-Party Account”)
by either: (1) providing your Third-Party Account login information through the Site; or
(2) allowing us to access your Third-Party Account, as is permitted under the applicable
terms and conditions that govern your use of each Third-Party Account.
You represent and warrant that you are entitled to disclose your Third-Party Account
login information to us and/or grant us access to your Third-Party Account, without
breach by you of any of the terms and conditions that govern your use of the applicable
Third-Party Account, and without obligating us to pay any fees or making us subject to
any usage limitations imposed by the third-party service provider of the Third-Party
Account.
By granting us access to any Third-Party Accounts, you understand that (1) we may
access, make available, and store (if applicable) any content that you have provided to
and stored in your Third-Party Account (the “Social Network Content”) so that it is
available on and through the Site via your account, including without limitation any
friend lists and (2) we may submit to and receive from your Third-Party Account
additional information to the extent you are notified when you link your account with the
Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the privacy settings
that you have set in such Third-Party Accounts, personally identifiable information that
you post to your Third-Party Accounts may be available on and through your account on
the Site.
Please note that if a Third-Party Account or associated service becomes unavailable or
our access to such Third-Party Account is terminated by the third-party service provider,
Social Network Content may no longer be available on and through the Site. You will
38
have the ability to disable the connection between your account on the Site and your
Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE
PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED
SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE
PROVIDERS.
We make no effort to review any Social Network Content for any purpose, including but
not limited to, for accuracy, legality, or non-infringement, and we are not responsible for
any Social Network Content.
You acknowledge and agree that we may access your email address book associated
with a Third-Party Account and your contacts list stored on your mobile device or tablet
computer solely for purposes of identifying and informing you of those contacts who
have also registered to use the Site.
You can deactivate the connection between the Site and your Third-Party Account by
contacting us using the contact information below or through your account settings (if
applicable). We will attempt to delete any information stored on our servers that was
obtained through such Third-Party Account, except the username and profile picture
that become associated with your account.
13. Marketing and Communications
By accepting these terms and conditions, you hereby agree to receiving marketing
communications from Zoie Health via email, SMS, WhatsApp and social media. You are
duly welcome to unsubscribe at any point. Unsubscriptions will be processed and
updated by Zoie Health.
14. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas,
feedback, or other information regarding/posted on the Site ("Submissions") provided by
you to us are non-confidential and shall become our sole property. We shall own
exclusive rights, including all intellectual property rights, and shall be entitled to the
unrestricted use and dissemination of these Submissions for any lawful purpose,
commercial or otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that
any such Submissions are original to you or that you have the right to submit such
Submissions. You agree there shall be no recourse against us for any alleged or actual
infringement or misappropriation of any proprietary right in your Submissions.
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15. THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites
("Third-Party Websites") as well as articles, photographs, text, graphics, pictures,
designs, music, sound, video, information, applications, software, and other content or
items belonging to or originating from third parties ("Third-Party Content").
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or
checked for accuracy, appropriateness, or completeness by us, and we are not
responsible for any Third-Party Websites accessed through the Site or any Third-Party
Content posted on, available through, or installed from the Site, including the content,
accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or
contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites
or any Third-Party Content does not imply approval or endorsement thereof by us. If you
decide to leave the Site and access the Third-Party Websites or to use or install any
Third-Party Content, you do so at your own risk, and you should be aware these Terms
and Conditions no longer govern.
You should review the applicable terms and policies, including privacy and data
gathering practices, of any website to which you navigate from the Site or relating to any
applications you use or install from the Site. Any purchases you make through
Third-Party Websites will be through other websites and from other companies, and we
take no responsibility whatsoever in relation to such purchases which are exclusively
between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on
Third-Party Websites and you shall hold us harmless from any harm caused by your
purchase of such products or services. Additionally, you shall hold us harmless from any
losses sustained by you or harm caused to you relating to or resulting in any way from
any Third-Party Content or any contact with Third-Party Websites.
16. ADVERTISING
We allow advertisers to display their advertisements and other information in certain
areas of the Site, such as sidebar advertisements or banner advertisements. If you are
an advertiser, you shall take full responsibility for any advertisements you place on the
Site and any services provided on the Site or products sold through those
advertisements.
Further, as an advertiser, you warrant and represent that you possess all rights and
authority to place advertisements on the Site, including, but not limited to, intellectual
property rights, publicity rights, and contractual rights.
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As an advertiser, you agree that such advertisements are subject to our Digital
Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below,
and you understand and agree there will be no refund or other compensation for DMCA
takedown-related issues.] We simply provide the space to place such advertisements,
and we have no other relationship with advertisers.
Advertising and other promotional material of third parties may appear on our website
from time to time. We do not endorse such third parties or their products and/or
services. Your reliance on any information contained in such material is entirely at your
own risk.
17. SITE MANAGEMENT
We reserve the right, but not the obligation, to:
(1) monitor the Site for violations of these Terms and Conditions;
(2) take appropriate legal action against anyone who, in our sole discretion, violates the
law or these Terms and Conditions, including without limitation, reporting such user to
law enforcement authorities;
(3) in our sole discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of your
Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to remove from the
Site or otherwise disable all files and content that are excessive in size or are in any
way burdensome to our systems;
(5) otherwise manage the Site in a manner designed to protect our rights and property
and to facilitate the proper functioning of the Site.
18. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy. By using the
Site, you agree to be bound by our Privacy Policy, which is incorporated into these
Terms and Conditions. Please be advised the Site is hosted in South Africa.
If you access the Site from the European Union, Asia, or any other region of the world
with laws or other requirements governing personal data collection, use, or disclosure
that differ from applicable laws in the South Africa, then through your continued use of
the Site, you are transferring your data to the South Africa, and you expressly consent
to have your data transferred to and processed in the South Africa.
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Further, we do not knowingly accept, request, or solicit information from children or
knowingly market to children. Therefore, in accordance with the U.S. Children’s Online
Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13
has provided personal information to us without the requisite and verifiable parental
consent, we will delete that information from the Site as quickly as is reasonably
practical.
19. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE
AND POLICY
Notifications
We respect the intellectual property rights of others. If you believe that any material
available on or through the Site infringes upon any copyright you own or control, please
immediately notify us.
A copy of your Notification will be sent to the person who posted or stored the material
addressed in the Notification. Please be advised that pursuant to applicable laws you
may be held liable for damages if you make material misrepresentations in a
Notification. Thus, if you are not sure that material located on or linked to by the Site
infringes your copyright, you should consider first contacting an attorney.
All Notifications should include the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
(2) identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works on the Site are covered by the Notification, a representative list of
such works on the Site;
(3) identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit us to locate the material;
(4) information reasonably sufficient to permit us to contact the complaining party, such
as an address, telephone number, and, if available, an email address at which the
complaining party may be contacted;
(5) a statement that the complaining party has a good faith belief that use of the material
in the manner complained of is not authorized by the copyright owner, its agent, or the
law;
(6) a statement that the information in the notification is accurate, and under penalty of
perjury, that the complaining party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed upon.
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Counter Notification
If you believe your own copyrighted material has been removed from the Site as a result
of a mistake or misidentification, you may submit a written counter notification to us.
To be an effective Counter Notification under the DMCA, your Counter Notification must
include substantially the following:
(1) identification of the material that has been removed or disabled and the location at
which the material appeared before it was removed or disabled;
(2) a statement that you consent to the jurisdiction of South Africa in which your address
is located, or if your address is outside South Africa, for any judicial district in which we
are located;
(3) a statement that you will accept service of process from the party that filed the
Notification or the party's agent;
(4) your name, address, and telephone number;
(5) a statement under penalty of perjury that you have a good faith belief that the
material in question was removed or disabled as a result of a mistake or
misidentification of the material to be removed or disabled;
(6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described
above, we will restore your removed or disabled material, unless we first receive notice
from the party filing the Notification informing us that such party has filed a court action
to restrain you from engaging in infringing activity related to the material in question.
Please note that if you materially misrepresent that the disabled or removed content
was removed by mistake or misidentification, you may be liable for damages, including
costs and attorney's fees. Filing a false Counter Notification constitutes perjury.
20. TERM AND TERMINATION
These Terms and Conditions shall remain in full force and effect while you use the Site.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND
CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND
WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY
REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH
OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE
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TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE
MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE [YOUR
ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY
TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed name, or
the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil, criminal, and
injunctive redress.
If you would like Your Content or profile information to be deleted, please contact us at
care@zoiehealth.com
21. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or
for any reason at our sole discretion without notice. However, we have no obligation to
update any information on our Site. We also reserve the right to modify or discontinue
all or part of the Site without notice at any time.
We will not be liable to you or any third party for any modification, price change,
suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to the
Site, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise
modify the Site at any time or for any reason without notice to you. You agree that we
have no liability whatsoever for any loss, damage, or inconvenience caused by your
inability to access or use the Site during any downtime or discontinuance of the Site.
Nothing in these Terms and Conditions will be construed to obligate us to maintain and
support the Site or to supply any corrections, updates, or releases in connection
therewith.
22. GOVERNING LAW
These Terms and Conditions and your use of the Site are governed by and construed in
accordance with the laws of the Republic of South Africa applicable to agreements
made and to be entirely performed within the said country, without regard to its conflict
of law principles.
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23. DISPUTE RESOLUTION
Binding Arbitration
To expedite resolution and control the cost of any dispute, controversy or claim related
to these Terms and Conditions (each a "Dispute" and collectively, “Disputes”), any
Dispute brought by either you or us (individually, a “Party” and collectively, the “Parties”)
shall be finally and exclusively resolved by binding arbitration.
YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE
RIGHT TO SUE IN COURT. The arbitration shall be commenced and conducted under
the applicable Arbitration set by the Arbitrator.
The arbitration may be conducted in person, through the submission of documents, by
phone, or online. The arbitrator will make a decision in writing, but need not provide a
statement of reasons unless requested by either Party. The arbitrator must follow
applicable law, and any award may be challenged if the arbitrator fails to do so.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall
be commenced in courts within South Africa, and the Parties hereby consent to, and
waive all defenses of lack of, personal jurisdiction, and forum non conveniens with
respect to venue and jurisdiction in such courts.
If this provision is found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent jurisdiction
within the courts listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
24. CORRECTIONS
All reasonable steps are taken to ensure that the information on our Site, social media
channels and email marketing is accurate and up-to-date. We do not, however, warrant
that the content or information displayed is always accurate, complete and/or current.
Errors and omissions excepted (E&OE)
There may be information on the Site that contains typographical errors, inaccuracies,
or omissions that may relate to the Site, including descriptions, pricing, availability, and
various other information. We reserve the right to correct any errors, inaccuracies, or
omissions and to change or update the information on the Site at any time, without prior
notice.
25. DISCLAIMER
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THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE
THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND
YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE
CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO
LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR
USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6)
ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY
LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED
BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY
WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM
OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
Nothing contained in the Site should be construed as medical, commercial or other
professional advice. Detailed professional advice should be obtained before taking or
refraining from any action based on any of the information or material contained in the
Site or any communications provided to you as a result of your registration.
Zoie Health makes no claims or representations that any or all of the content of the Site
may be lawfully viewed or downloaded outside of the Republic of South Africa, and
unless otherwise specifically stated , the content of the Site is directed solely at users
who access the Site from the Republic of South Africa.
26. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
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CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR ANY OTHER
DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
27. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and employees, from and
against any loss, damage, liability, claim, or demand, including reasonable attorneys’
fees and expenses, made by any third party due to or arising out of: (1) [your
Contributions]; (2) use of the Site; (3) breach of these Terms and Conditions; (4) any
breach of your representations and warranties set forth in these Terms and Conditions;
(5) your violation of the rights of a third party, including but not limited to intellectual
property rights; or (6) any overt harmful act toward any other user of the Site with whom
you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the
exclusive defense and control of any matter for which you are required to indemnify us,
and you agree to cooperate, at your expense, with our defense of such claims. We will
use reasonable efforts to notify you of any such claim, action, or proceeding which is
subject to this indemnification upon becoming aware of it.
28. USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing
the Site, as well as data relating to your use of the Site. Although we perform regular
routine backups of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Site.
You agree that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such loss or
corruption of such data.
29. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree that
all agreements, notices, disclosures, and other communications we provide to you
electronically, via email and on the Site, satisfy any legal requirement that such
communication be in writing.
All communications sent by us are subject to the applicable provisions of the Electronic
Communications Act 25 of 2002, and the terms of our privacy policy, which can be
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found on our website. In the event that you no longer wish to receive communications
from us, you are entitled to ‘opt out’ at any time.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,
POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US
OR VIA THE SITE.
You hereby waive any rights or requirements under any statutes, regulations, rules,
ordinances, or other laws in any jurisdiction which require an original signature or
delivery or retention of non-electronic records, or to payments or the granting of credits
by any means other than electronic means.
30. ONLINE SHOPPING
You must be 18 years or older to place an order via this Site. You can either register and
complete an online shopping profile (you agree to keep your username and password
secure and confidential; we accept no liability for any damages suffered or losses
incurred from the use or misuse of your password. ), or shop as a guest. When
checking out as a guest, you will need to provide personal details and a delivery
address in order to complete the transaction. Registration and/or use of our online
shopping website constitute your acceptance and agreement to be bound by the Terms
of our Site, including the additional online shopping terms below. Selecting a product
and adding the product to your shopping basket does not constitute a sale or order.
Your order will be deemed to be confirmed once you electronically submit a completed
order for one or more products and your payment has been authorised and you have
received a tax invoice which will be sent to you via your selected communication
method.
RETURNS OR CANCELLATIONS
According to the Medicines and Related Substance Act, NO MEDICINES ARE
RETURNABLE FOR CREDIT. The ruling has been made for Health and Safety reasons
and is in your best interests. Orders are subject to availability.
While any cancellation of orders will be accepted at our sole and absolute discretion
and we provide no warranty that any cancellation of any order will be accepted, any
cancellation which we do accept will only be accepted in the event that you notify us of
your intention to cancel prior to dispatch of the order in question.
We reserve the right to debit your payment card for the delivery fees in respect of any
cancellations. If you cancel your payment for any reason or if your payment card should
cease to be valid for whatever reason, you will nevertheless be bound to pay the full
purchase price, including all costs incurred by us relating to the recovery thereof.
Without prejudice to any other rights or remedies in law, we reserve the right to cancel
forthwith any sale and/or your registration in the event of your breach of any of the
Terms.
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PRODUCTS AND PRICING
The images of the products reflected in our online catalogue are for illustration purposes
only and are subject to availability. Certain products offered for sale by us have been
parallel imported. This means that the goods are the original unmodified genuine goods,
but they may or may not be imported by the authorised or licenced supplier of the
goods. Therefore the warranty on these goods will not be honoured by us but by the
manufacturer or its authorised or licensed supplier.
We reserve the right to limit quantities of promotional products. Prices are correct as at
the time of publication on this Site, but are subject to change without notice. We will
take all reasonable efforts to accurately reflect the description, availability, purchase
price and delivery charges of products on the Site, however should there be any errors
on the Site, we will not be liable for any loss, damage or expense that you incur in
connection with such error, save for in the case of any incorrect purchase price, in which
case we will refund to you any amount already paid.
Prices will be displayed in South African Rand and may include VAT. Prices are
applicable to cash and credit card purchases only, include any discounts and may differ
when claiming from your medical aid. Prices on this Site apply to South Africa only and
products purchased via this Site will only be delivered within South Africa to areas
where we deliver.
Should we not be able to fulfill any order at the advertised price due to sold out stock,
we will inform you via your elected method of communication. If you have already paid,
we will reimburse you for the rand value you have paid.
PAYMENT AND DELIVERY
We will debit the total value of your online order against the payment method tendered
by you during the check-out process. Payment will be effected on acceptance of your
order and prior to delivery. By submitting your order you warrant that you are over the
age of 18, are authorised to make payment with the payment method and that there are
sufficient funds available to pay for the order.
We reserve the right to refuse processing of payment for any order and/or to cancel any
purchase, partially or completely, with notice given to you. If you would like to amend or
cancel your order, please contact us on care@zoiehealth.com immediately. We cannot
guarantee that we will be able to amend or cancel your order in accordance with your
instructions. Orders cannot be canceled once they have been confirmed by us as set
out in the section above. You are, however, entitled to return the products if they are
defective.
We currently do not process Medical Aid claims.
We charge a standard non-refundable delivery fee to deliver to your door and this fee
will be displayed when you view your cart before checkout. Although every reasonable
effort is taken to ensure that the delivery costs displayed on the site are correct at the
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time of your purchase, if a delivery fee is incorrectly displayed, we will not be obliged to
deliver products at an incorrect delivery fee. We will only be liable to return payment
already made by you in the case you choose to cancel the sale once you have been
made aware of the correct delivery fee.
Delivery is estimated to occur within 48 hours (excluding Sundays) from the day that
your order has been confirmed and is subject to stock availability. Although we will
make every effort to meet the time frame for delivery, certain factors may affect delivery
times and we cannot guarantee that every item will be delivered in that time frame.
Deliveries will take place during the following hours: Monday to Friday, 9am to 5pm; and
Saturday 9am to 1pm. No deliveries will be made on weekends and public holidays. .
During the checkout process you will be required to enter your postal code and address
to determine if you are eligible for door-to-door delivery, it might not be possible for us to
deliver to certain areas. We do not deliver to PO Box addresses.
When delivery is made you will receive a delivery note displaying the detail of items
delivered, any items not available, delivery fees and the total amount debited or paid,
including VAT.
A delivery is considered complete as soon as the parcel is accepted by you or an
individual on your behalf at your specified delivery address. Anyone who takes receipt
of the parcel is presumed to be authorised to accept delivery on your behalf. For
verification purposes, the person accepting the parcel may be required to produce some
form of identification (identity document/drivers licence/passport). On delivery, we will
require you or your authorised representative to sign and print your or their name on a
duplicate copy of the delivery note, to confirm receipt. Should nobody be present at the
address at the time of delivery, the parcel will be returned to us and we reserve the right
to charge an additional delivery fee for a second attempt at delivery. If delivery is
unsuccessful you will be contacted to arrange an alternative delivery time. It is your
responsibility to ensure that you or the intended receiver of the products inspect(s) them
on arrival and makes known any complaints. The receiver has the right to refuse the
parcel if it appears to have been opened or if it has been damaged.
RETURNS
We will not accept any returns of any products of which the packaging has been
removed, opened or tampered with, any products of a personal nature due to hygiene
and sanitary considerations or any pharmacy products due to pharmacy law
requirements.
Should any item that you have purchased be the subject of any manufacturing defect or
failure, or is unsafe, as contemplated in the Consumer Protection Act, 2008 (“CPA”), it
may be returned to us for replacement, within six months of the date of purchase
(provided that the product has not expired within such time), subject to the CPA. We
and/or our suppliers reserve the right to examine the product and test the product to
confirm the alleged defect, failure or safety hazard existed at the time of purchase,
before the product will be replaced or refunded.
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31. MISCELLANEOUS
These Terms and Conditions and any policies or operating rules posted by us on the
Site constitute the entire agreement and understanding between you and us. Our failure
to exercise or enforce any right or provision of these Terms and Conditions shall not
operate as a waiver of such right or provision.
These Terms and Conditions operate to the fullest extent permissible by law. We may
assign any or all of our rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act caused by any cause
beyond our reasonable control.
If any provision or part of a provision of these Terms and Conditions is determined to be
unlawful, void, or unenforceable, that provision or part of the provision is deemed
severable from these Terms and Conditions and does not affect the validity and
enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created
between you and us as a result of these Terms and Conditions or use of the Site. You
agree that these Terms and Conditions will not be construed against us by virtue of
having drafted them.
You hereby waive any and all defenses you may have based on the electronic form of
these Terms and Conditions and the lack of signing by the parties hereto to execute
these Terms and Conditions.
This Agreement 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 laws of the Republic of South Africa. Your continued use of the Services will
constitute your consent and submission to the jurisdiction of the South African courts
regarding all proceedings, transactions, applications or the like instituted by either party
against the other, arising from any of these Terms and Conditions. In the event of any
dispute arising between you and us, you hereby consent to the non-exclusive
jurisdiction of the High Court of the Republic of South Africa (Gauteng Cape Division,
Johannesburg) notwithstanding that the quantum in the action or proceedings may
otherwise fall below the monetary jurisdiction of that court.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information
regarding use of the Site, please contact us at:
Zoie Health Technologies
16 Baker street, Rosebank
+27 10 500 2405
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support@zoiehealth.com
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