1.1 All references to My Evolution Journey “the Company”, “we”, “us” and “our” in these terms and conditions are deemed to refer to My Evolution Journey (Evolution Incorporated coaching & consulting) a private company incorporated in the Republic of South Africa.
1.2 All references to “you” and “your” are deemed to refer to any user and/or visitor of www.myevolutionjourney.com (“Website”).
1.3 These terms and conditions (“Terms and Conditions”) govern your use of the website.
2.1 The Company permits the use of this Website subject to the Terms and Conditions (“Terms and Conditions”).
2.2 By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally.
2.3 You must not use this Website if you do not agree to the Terms and Conditions.
2. 4 The materials contained in this website & its affiliate products are protected by applicable local copyright and trademark law.
3. Use of the Website
3.1 You may only use the Website if you are 18 years of age or older. If you are under 18, you may use the Website only with the involvement of your parent or legal guardian.
3.2 You agree that you will not use any device, software or other instrument to interfere or attempt to interfere with the proper working of this Website.
3.3 In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Company (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
3.4 You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
3.5 You may not display, publish, copy, print, post or otherwise use the Website and/or the information contained therein for the benefit of any other website without the express prior written consent of an authorised Company representative.
4. Ownership & copyright
4.1 The contents of this Website, including any information, software, icons, text, graphics, layouts, images, sound clips, trade names, logos, trademarks and service marks are protected by law, including but not limited to copyright and trademark law, and are owned by or licensed to the Company.
4.2 No license to or right in any of such contents is granted to or conferred upon you. Any unauthorised use, distribution or reproduction of the said contents is prohibited.
5.1 Any person who accesses this Website or relies on this Website or on the information contained in this Website does so at his or her own risk.
5.2 While the Company takes reasonable measures to ensure that the contents of this Website are accurate and complete, the Company makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of this Website or as to the accuracy, completeness or reliability of any information on this Website.
5.3 All information provided on this website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
5.4 The Company does not accept any responsibility for any errors or omissions on this Website.
5.5 In addition to the disclaimers contained elsewhere in these Terms and Conditions, the Group also makes no warranty or representation, whether express or implied, that the information or files available on this Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardise the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way.
5.6 Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of the Company and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website
6. Accuracy & deviation
6.1 This website may contain images or material that is outdated, is liable to change or be adjusted accordingly.
6.2 The materials on this website could include technical, typographical, information or photographic errors. We do not warrant that any of the materials on this website is at all times accurate, complete or current.
6.3 We may make changes to the materials contained on this website or any of our other social media channels at any time without notice.
6.4 We undertake to continually check & attempt to keep our material, content, products, information & images relevant & refreshed but errors do occur.
7. Linked & third party sites
7.1 This Website may contain links or references to other websites (“Third Party Websites”) outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and the Company is not responsible for the practices and/or privacy policies of those Third Party Websites or the cookies that those sites may use.
7.2 Notwithstanding the fact that this website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
8. Gift Certificates & Coupons
8.1 The Company may make physical and/or electronic gift certificates or coupons (“Vouchers”) available on the Website from time to time.
8.2 Vouchers can only be redeemed –
8.2.1 while they are valid, their expiry dates being unable to be extended;
8.2.1 on the Website or in studio towards purchases from the Company
8.2.3 Vouchers cannot –
8.2.4 be used to purchase other Vouchers;
8.2.5 be used towards purchases at any affiliate website/s be exchanged for cash;
8.2.6 be transferred or assigned to any other person once already partially redeemed towards a purchase;
8.2.7 be used for Shipping costs;
8.2.8 be used in conjunction with other special promotions (including sales)
7. Changes to these Terms and Conditions
7.1 The Company reserves the right to update and/or amend the Terms and Conditions from time to time and without any notice, and you are accordingly encouraged to check the Website regularly.
7.2 Any such change will only apply to your use of this Website after the change is displayed on this Website. If you use this Website after such updated or amended Terms and Conditions have been displayed on this Website, you will be deemed to have accepted such updates or amendments.
8. Governing Law
8.1. 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 Website 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.
9. Limitation of Liability
9.1 THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL INJURY, LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, ANY MATERIAL OR CONTENT CONTAINED IN, OR INABILITY TO USE, AND/OR UNLAWFUL ACTIVITY ON, THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
9.2 YOU HEREBY INDEMNIFY THE GROUP AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
10. Availability and termination
10.1 We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.
10.2 The Company may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that the Group will not be liable to you in the event that it chooses to suspend, modify or terminate this Website.
SALES – TERMS AND CONDITIONS:
1.1. These Terms and Conditions of Sale govern the sale of products (“Goods”) by the Company to you via the Website. The Terms and Conditions of Sale are in addition to the terms and conditions of use of the Website, which can be viewed at Terms & Conditions.
1.2. Once you tick the box labelled “I accept”, these Terms and Conditions of Sale form a legally-binding agreement between you and the Company. We will confirm all your purchase orders with you via email.
2.1. Placing a product in a shopping basket / cart / virtual shopping bag or adding it to a wish list without completing the purchase cycle does not:
2.1.1. constitute an agreement of sale; and/or
2.1.2. constitute an order for such product,
2.1.3. and as such, the Company may remove such product from the shopping basket or wish list if stock becomes unavailable and you cannot hold the Group liable if such product is not available when the purchase cycle is completed at a later stage.
2.2. An agreement of sale only comes into effect if and when:
2.2.1. you electronically submit a properly completed order for one or more products in your shopping basket; and
2.2.2. payment is either authorised, or received by the Company in its bank account
3.1. The Company reserves the right, for purposes of preventing suspected fraud , to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and the Company, in whole or in part, on notice to you. The Company shall only be liable to refund monies already paid by you (see clause 7 for the Company Refund Policy in this regard), and accepts no other liability which may arise as a result of such refusal to process any order/sale.
3.2. For certain exceptions, and subject to certain charges, the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”) entitles you to cancel any sale concluded on this Website within 7 days after date of receipt of the goods and to obtain a full purchase price refund. You may also cancel a sale where delivery is delayed beyond the stipulated delivery date/timeframe (or where none is specified, beyond 30 days from the order date). Please refer to clause 8 for further details on the Company’s Return Policy.
The price of each product is displayed with the product listing. In the event of a sale or special offer, the discounted price is displayed.
4.2. Delivery Charges:
Delivery charges differ depending on a variety of factors, including product type, price, and weight, as well as area delivery is to be made to.
The Company shall take all reasonable efforts to accurately indicate prices and delivery charges. However, should products be erroneously offered at incorrect prices and/or delivery charges, the Company will not be obliged to sell products at such incorrect prices and/or delivery charges, but shall refund monies paid by you should you not wish to proceed with the purchase at the correct price and/or delivery charge.
5.1. Payment for Goods can be made via the payment methods provided by our authorised payment solution providers PayFast. These will be subject to the Payfast end user terms and conditions and are available here: https://www.payfast.co.za/end-user-agreement
6.2. However, due to the nature of the Internet, we cannot guarantee that your communications will be free from unauthorised access by third parties. Accordingly, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES ARISING FROM THIRD PARTIES’ UNAUTHORISED ACCESS OF YOUR DATA.
7. Cancellation and Refund
7.1. The Company reserves the right, for purposes of preventing suspected fraud , to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and the Company, in whole or in part, on notice to you. The Company shall only be liable to refund monies already paid by you, and accepts no other liability which may arise as a result of such refusal to process any order/sale.
7.2. For certain exceptions, and subject to certain charges, the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”) entitles you to cancel any sale concluded on this Website within 7 days after date of receipt of the goods. In such an event:
–you will receive a refund to the full value of the purchase price within 30 days of receipt of returned Goods to My Evolution Journey.
–you undertake not to utilize and open the Goods, and
–you will have to bear the shipping cost of the return.
8.1 You have 7 days from completion of order in which to return your item.
8.2 Send us an e-mail at firstname.lastname@example.org with full details of the item(s) you would like to return as well as the reason you wish to return them.
8.3 You can return your parcel using any postal or courier service.
8.4 Please note – you’ll need to cover the postage costs yourself.
8.5 The parcel remains your responsibility until it arrives with us – remember to ask for proof of postage, so if you parcel goes missing in the mail, you’ll have proof you’ve sent it.
8.6 My Evolution Journey accepts no responsibility for any returned item that is damaged or goes missing during a postal or courier return.
8.7 Once we have received it and checked the return, we will be in touch about your refund.
9.1. If any party (“Defaulting Party”) breaches any of these terms and conditions and fails to remedy such breach within 14 (fourteen) days of receipt of notice to remedy the breach, the aggrieved party shall be entitled to claim specific performance or to cancel this agreement forthwith upon written notice to the defaulting party, in either case without prejudice to its right to recover such damages as it may have suffered as a result of the Defaulting Party’s breach.
10. Governing law and jurisdiction
10.1. Our relationship and/or any dispute arising from or in connection with these terms and conditions of sale shall be governed by the laws of the Republic of South Africa. You agree to be subject to the exclusive jurisdiction of the South African courts.
11.1. You may not cede, assign or otherwise transfer your rights and obligations in terms of these terms and conditions of sale to any third party.
11.2. Any failure on the part of you or the Company to enforce any right in terms hereof shall not constitute a waiver of that right.
11.3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
11.4. No variation, addition, deletion, or agreed cancellation of these terms and conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
11.5. No indulgence, extension of time, relaxation or latitude which any party (“the grantor”) may show grant or allow to the other (“the grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.