Thank you for visiting Healthy Sleep.
These Terms and Conditions (hereinafter referred to as “T&Cs”) govern the relationship between Healthy Sleep (hereinafter referred to as “the Company”) and the user, concerning access to and the use of the website. By visiting, signing up or logging in to the website, the user accepts and agrees to be bound by all of these T&Cs. These T&Cs also cover any transactions where the Company provides goods or services to the user.
If you do not agree with all of these T&Cs, then you are expressly prohibited from using the website and you must discontinue use immediately.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, all content including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the website is the Company’s intellectual property, and all such rights are reserved. The trademarks, slogans, and logos contained therein are owned or controlled by the Company or licensed to the Company, and are protected by copyright and trademark laws and various other intellectual property rights.
The content provided on the website is for your information and personal use only. Therefore, no content 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 the prior written consent of the Company.
All violations of proprietary rights or these T&Cs will be prosecuted to the fullest extent permissible under South African law.
3. USER REPRESENTATIONS
By using the website, you represent and warrant that:
3.1. all registration information you submit will be true, accurate, current, and complete;
3.2. you will maintain the accuracy of such information, and promptly update such registration information as necessary;
3.3. you have the legal capacity and you agree to comply with these T&Cs;
3.4. you will not access the website through automated or non-human means, whether through a bot, script, or otherwise;
3.5. you will not use the website for any illegal or unauthorized purpose;
3.6. your use of the website will not violate any applicable laws or regulations.
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 website (or any portion thereof).
4. USER REGISTRATION
You may be required to register on the website and thereby agree to keep your password confidential. You will be responsible for all use of your account details 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, objectionable or otherwise contrary to the laws of the Republic of South Africa.
5. PROHIBITED ACTIVITIES & RESTRICTIONS
You may not access or use the website for any purpose other than that for which we make the website available. The website may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by the Company.
You are expressly and emphatically restricted from all of the following:
5.1. publishing our website material in any media;
5.2. selling, sublicensing, reproducing and/or otherwise commercializing our website material;
5.3. publicly showcasing our website material;
5.4. using this website in any way that is, or may be, damaging to the Company;
5.5. using this website in any way that impacts other users access to this website;
5.6. using this website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the website, the Company or to any person or business entity;
5.7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this website, or while using this website.
6. THIRD PARTY CONTENT
7. SOCIAL MEDIA
As part of the functionality of the website, you may link your account with online accounts you have with third-party service providers by either:
7.1. providing your Third-Party Account login information through the website; or
7.2. 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.
8. SITE MANAGEMENT
We reserve the right, but not the obligation, to:
8.1. monitor the website for violations of these T&Cs;
8.2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these T&Cs, including without limitation, reporting such user to law enforcement authorities;
8.3. otherwise manage the website to protect our rights and property and to facilitate the proper functioning of the website.
10. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the website at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the website without notice at any time. You are expected to and will be deemed to have reviewed such T&Cs on a regular basis, to ensure you understand all T&Cs governing the use of this website.
The content on this website is provided “as is” with all faults, and we make no warranty or representation, either expressed or implied, as to its use, availability, content accuracy, appropriateness or performance. Additionally, nothing contained on this website shall be construed as providing professional advice to any user.
12. LIMITATION OF LIABILITY
In no event shall the Company, nor any of its directors and employees, be liable to you for anything arising out of or in any way connected with your use of this website, whether such liability is under contract, delict or otherwise. The company, including its directors and employees, shall not be liable for any indirect, consequential or special liability arising out of or in any way related to the users use of this website.
You hereby indemnify the Company to the fullest extent from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable lawyers’ fees on an attorney and client scale) arising out of or in any way related to your breach of any of the provisions of these T&Cs.
14.1 Each clause or part of a clause in these T&Cs is separate and severable from the rest of the provisions of these T&Cs, unless severing would render the T&Cs unlawful or it would not be reasonable to do so having regard to the clause of the T&Cs as a whole.
14.2 If any provision of these T&Cs is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these T&Cs unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
16. GOVERNING LAW
The laws of the Republic of South African governs this Agreement. If a user accesses this website from locations outside of the Republic of South Africa, that user is responsible for ensuring compliance with the laws of this country.
17.1 The user consents to the jurisdiction of the Magistrate’s Court in respect of any action or proceedings that the Company may bring against the user in connection with these T&Cs, even if the action or proceedings would otherwise fall within the jurisdiction of the High Court or any other competent court.
17.2 The Company nevertheless retains the right to institute action or proceedings in any other court having jurisdiction.
18. ENTIRE AGREEMENT
These T&Cs, including any legal notices and disclaimers contained on this website, constitute the entire agreement between the Company and the user in relation to the user’s use of this website, and supersede all prior agreements, understandings or warranty not included in this document.