1. PARTIES AND USER ACCESS

1.1. The parties to this agreement are you the user (“you”) and the owners of this Website being Torus Healthcare.

1.2. Your use of and access to this Website will at all times be governed by the provisions of these terms and conditions and by using and/or accessing this Website you accept fully all these terms and conditions and agree to be bound by and comply fully therewith.

1.3. If you do not wish to be bound by and comply with these terms and conditions in full, please do not access and use this Website.

1.4. Products sold or distributed on this Website are not intended to diagnose, treat, cure or prevent any disease. For more information, please refer to our Product Disclaimer.

2. OUR GENERAL TERMS AND ACCEPTABLE USE POLICY

2.1. You agree to adhere to generally acceptable user etiquette when accessing or using this Website. Any reference to “Website” in these terms and conditions shall include all Torus Health Care social media sites and any other service or site owned by Torus Health Care with a link to these terms and conditions.

2.2. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. 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 your obligations under these Terms and Conditions.

3. DELIVERY, EXPORT, RETURNS AND REFUNDS

3.1. Delivery is subject to availability and receipt of payment. In cases of unavailability, a refund in full will be processed within 30 days.

4. COPYRIGHT AND TRADEMARKS

4.1. Your access to this Website and the information contained on it, does not in any way convey or transfer any right in or to the Intellectual Property Rights of Torus Healthcare or any other person in respect of data or information displayed or accessible from this Website or in any of the trademarks, copyright, designs, patents, domain names, know-how, confidential information, formulas, trade secrets or any other Intellectual Property Rights which may vest in Torus Healthcare or in the author, compiler, creator or licensor of such information.

4.2. All Torus Healthcare’s trademarks, logos, brands, domain names and other marks and intellectual property relating to accessible from, or occurring on this Website, or any information contained or accessible from this Website shall remain the sole and exclusive property of Torus Healthcare and the relevant authors, compilers, owners or licensors thereof (“Proprietors”) and you undertake not to use, disseminate, or otherwise deal with such intellectual property without Torus Healthcare or the relevant Proprietor’s written approval.

4.3. Copyright and all other Intellectual Property Rights associated with any material available or accessible from this Website including video and audio clips, news links and articles are owned by Torus Healthcare or the relevant Proprietors thereof.

4.4. You undertake not to change or delete any proprietary notices contained or displayed in any material, data or information downloaded or otherwise retrieved from this Website.

4.5. Under no circumstances must you attempt to reverse engineer, disassemble, decompile, reproduce, transcribe, store in a retrieval system, translate into any language or computer language, retransmit in any form or by any means, (electrical, mechanical, photo reproduction, recordation or otherwise) any of the software material, information or content viewed, downloaded or otherwise retrieved from this Website.

5. CONTENT AND USE OF SERVICES

5.1. The content on this Website is presented largely for information purposes only and nothing contained on this Website is intended to be instructional or constitute advice of any kind unless this is clearly stated. Where advice is given (including advice provided during online communications) please do not place complete reliance on such advice but verify this for yourself and we cannot guarantee that such advice is or will be useful, correct or will work for you. Advice given by third parties on this Website is not to be attributable to Torus Healthcare in any way.

5.2. All information viewed or services used or accessed from this Website are provided “as is” without any warranty, whether express or implied unless this is specifically imposed by law.

6. ELECTRONIC COMMUNICATIONS

6.1. When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy as set out in our Privacy Policy.

7. NO WARRANTIES

7.1. This Website is provided “as is” without any representations or warranties, express or implied. Torus Healthcare makes no representations or warranties in relation to this Website or the information and materials provided on this Website.

7.2. Without prejudice to the generality of the foregoing paragraph, Torus Healthcare does not warrant that:

7.2.1.this Website will be constantly available, or available at all; or

7.2.2. the information on this Website is complete, true, accurate or non-misleading.

7.3. Nothing on this Website constitutes, or is meant to constitute, advice of any kind.

8. INDEMNITY AND DISCLAIMER

8.1. You hereby unconditionally and irrevocably indemnify Torus Healthcare and hold Torus Healthcare harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whensoever arising, suffered or incurred by Torus Healthcare as a result of any claim instituted against Torus Healthcare by a third party (other than you) as a result of (without limitation):

8.1.1.your access to or use of this Website, any software, services, products, features or facilities offered on this Website in a manner other than as allowed; or

8.1.2.any infringement by you of the Intellectual Property Rights of any third party; or

8.1.3. any other cause whatsoever relating to your access to or use of this Website, any software, products, services, features or facilities offered on this Website where you have acted wrongfully or failed to act when you had a duty to so act.

8.2. In addition to and without prejudice to any other limitations of liability provided for in these terms and conditions or any other agreement and to the fullest extent permitted by applicable law, Torus Healthcare shall not be liable to you for any direct damages howsoever arising and neither party shall be liable to the other for any special, indirect, incidental, consequential or punitive damages arising out of or relating to these terms and conditions, whether resulting from negligence, breach or any other cause.

8.3. The statements contained in this Website have not been evaluated by the South African Health Products Regulatory Authority. Torus Healthcare endeavours to comply with the necessary requirements for safety, quality and efficacy in the industry but it makes no claims about the products sold on this Website. The products and all information on this Website are not intended to diagnose, treat, cure, or prevent any diseases. You must be at least 18 (eighteen) years of age to purchase products on this Website. By purchasing any products sold on this Website you agree to terms, conditions and disclaimer.

9. REMEDIES

9.1. Torus Healthcare reserves the right to take any action which it may consider appropriate in the circumstances to prevent or mitigate or recover losses or damages arising from the non-compliance with these terms and conditions and any liability or inconvenience whether perceived or otherwise for Torus Healthcare or its customers, suppliers or advertisers or otherwise cause Torus Healthcare to lose or suffer any inconvenience, harm or damages in any proprietary interest or goodwill or which may adversely affect access to or use of this Website or any of the software, services, features or facilities offered on this Website.

9.2. Torus Healthcare’s Party’s maximum total liability for damages suffered in terms of or arising out of this Agreement or the use of the products sold on the Website, howsoever arising or caused, shall be limited to direct damages proven, which amount shall not exceed the sum of R5000.00.

10. APPLICABLE LAWS

10.1. The provisions of these terms and conditions shall be governed and construed in accordance with the laws of the Republic of South Africa.

11. VARIATION

11.1. Torus Healthcare may modify these Terms and Conditions, which include our Privacy Policy, at any time and such modification shall be effective immediately on the posting of such modifications and/or updates or changes on this Website.

11.2. It is your responsibility to regularly ensure that you are aware of any modifications and/or updates or changes.

12. SEVERABILITY

12.1. In the event that any of the terms of these terms and conditions are found to be invalid, unlawful or unenforceable, such terms will be separable from the remaining terms and conditions, which shall continue to be valid and enforceable.

13. NOTICES AND COMPANY INFORMATION

13.1. This Website is run by a private company based in South Africa trading as Torus Healthcare with registration number 2020/059193/07

13.2. You must contact Torus Healthcare at info@torushealthcare.co.za in respect of court process, notice, or other documents or communication of whatsoever nature.