Terms and Conditions

Introduction

Please read these Terms of Service and Conditions carefully before using this website (www.shebafeminine.co.za) and the services and products of Sheba Feminine Hygiene, here on out referred to as Sheba. These Terms and Conditions govern all use of this website and all content, services, and products available at or through this website. This website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this website by Sheba. This website is owned and operated by Sheba.

These Terms and Conditions shall be deemed an agreement that contains the complete terms and conditions that apply to your use of this website and the services and products provided through this website. This Agreement describes and encompasses the entire agreement between Sheba and you, the user of this website and Sheba’s services and products provided through this website. Further, this Agreement supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to this website, the content and the software programs provided by or through the website, and the subject matter of this Agreement.

If you desire to become a member of the website and receive the services and products provided by through the website please read these Terms and Conditions carefully before using this website and Sheba’s services and products. By accessing this website or using any part of the website or any content or services and products hereof, you agree to become bound by these Terms and Conditions. Sheba reserves the right to make amendments to this Agreement, and such amendments can be made and effected by Sheba from time to time without specific notice to you. This Agreement as posted on this website reflects the latest agreement in effect and you should carefully review the same before using this website.

Eligibility

This website including its applications, tools, services, and products are intended for access and use by individuals who are at least thirteen (13) years old and above. By accessing and using this website including Sheba’s tools, applications, services and products, you warrant and represent that you are at least thirteen (13) years old and with full authority, right, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

Proper Use of the Website and Prohibitions

You understand and agree that you will use this website including its tools, applications, services, and products with full sense of responsibility and in a manner that is consistent with these Terms and Conditions and in such a way as to ensure compliance with all applicable laws and regulations. You agree that you will use this website and its services and products in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all South Africa’s export control laws.

Sheba may, in its sole discretion, has the right to remove content and suspend, terminate, deactivate, or refuse registration or access to your account at any time, without notice and without liability, for any reason, including but not limited to violations of this Agreement, infringing on Intellectual Property and inactivity.

Sheba reserves the right to monitor and review your account, content and activity for compliance with this Agreement. Sheba may terminate or suspend your account or ability to use this website and its services and products if you breach this Agreement , and Sheba may remove any content that is unlawful, offensive, threatening, libellous, defamatory, obscene, objectionable or violates any party’s intellectual property rights.

You may view, download for collection purposes only, and print pages or other contents from the website for you own personal use, subject to the restrictions set out below and elsewhere in these Terms of Service and Conditions.

  • You must not use Sheba’s website, including its services and or tools if you are not able to form legally binding contracts, are under the age of 13 or are temporarily or indefinitely suspended from using our websites, services, products, and tools;
  • You cannot republish, sell, rent or sub-license any materials from this website including republication on another website.
  • You cannot reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purposes; or any other reason.
  • You cannot use this website in any way that causes, or may cause, damage or this website or impairment or the availability or accessibility of this website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal fraudulent or harmful purpose or activity.

Health care disclaimer.

All aspects of the services, including without limitation all content (as defined below), are for informational purposes only. No information provided through the services is intended to be, and must not taken to be, factual or accurate knowledge, advice, diagnosis or treatment. No aspect of the services should be considered, or used as a substitute for, professional medical knowledge, advice, diagnosis, or treatment. The services do not constitute the practice of any medical, nursing or other professional health provider, knowledge, advice, diagnosis or treatment. You cannot use the services as a diagnosis, treatment or prescription. Reliance on any information provided through the services is solely at your own risk. No patient/doctor relationship of any kind is established through use of the services. The services are not a substitute for emergency medical help and cannot be used in the event of a medical emergency. You should always seek the advice of your physician or other qualified health provider, with any questions you may have regarding personal health or a medical condition, including diagnosis and treatment for your specific medical needs. You should never disregard or delay in seeking professional medical advice due to information you have obtained from the services.

Rules of conduct

As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services.

You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:

  • Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty.
  • you know is false, misleading, untruthful or inaccurate;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
  • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
  • impersonates any person or entity, including any of our employees or representatives; or
  • includes anyone’s identification documents or sensitive financial information.
  • You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.
  • You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
  • We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.

Content

Definition. For purposes of these Terms and conditions, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).

  • User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. Any testimonials you may provide us at our request shall be User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
  • You may provide suggestions and comments or other feedback to Sheba with respect to the Services (“Feedback”). You represent and warrant that you have all rights to submit the Feedback. You are responsible for the legality, accuracy, originality and content of your Feedback. Submission of Feedback is at your own risk. You shall, and hereby do, assign to Sheba all right, title and interest (including all related intellectual property and other proprietary rights) in and to the Feedback. Sheba will be free to use or disseminate your Feedback.

In addition, Sheba makes no representation that the operation of the website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. Sheba may change, restrict access to, suspend or discontinue the website, its services or any part thereof at any time. The information, content and services on the website are provided on an “as is” basis. When you use the site and or participate herein, you understand and agree that you participate at your own risk.

Membership

As a requirement of becoming a member of this website and using the websites tools, applications, services, and products, you must register with the website and be required to provide password and user name. You must complete the full registration process and shall provide the site with accurate, complete and updated registration information. Failure to do so shall constitute a breach of these Terms and Conditions, which may result in immediate termination of your account.

As a registered member of this website, you are entirely responsible for maintaining the confidentiality of your password. You agree not to use your Member Account, Member Profile, username, or password of another member at any time. You agree to notify Sheba immediately if you suspect any unauthorized use of Member Account, Member Profile, username, or password. You are solely responsible for any and all use of you Member Account and Member Profile. You must not transmit worms or viruses or any code of destructive nature. Should it come to Sheba’s attention that you have engaged in such behaviour, Sheba reserves all rights under the law to seek legal action for any and all damages or injuries caused by such behaviour. Any information provided by you or gathered by this website or third parties during any visit to this website shall be subject to the terms of this website.

Moreover, you may not register for more than one Member Account or have more than one Member Profile. Nor may you register for a Member Account or set up a Member Profile on behalf of an individual other than yourself or on behalf of any group or entity. Furthermore, you may not use or attempt to use another’s Member Account without authorization from us or create a false identity on this website and use the services provided through this website and Sheba on a false pretence. For groups interested in receiving Sheba products or undertaking group sales, contact hello@shebafeminine.co.za

Non-Commercial Use

Members on this website are prohibited from using this website and services provided in connection with any commercial endeavours or ventures. Juridical individuals or entities, including but not limited to, organizations, companies, and/or businesses may not register to become Members of this website or set up Member Profiles and should not use the website for any purpose.

Acceptance of an Order

An order becomes binding when you enter all of the necessary data has been entered, you have confirmed acceptance of these Terms and Conditions, and you have clicked the “Submit” button. Up until the moment you click “Submit”, you can change your order and the data associated with your order at any time.

Sheba reserves the right, without notice, to make product substitutions when necessary provided such substitutions are similar in style, nature and quality.

Sheba also reserves the right to not to accept an order. The decision is made at the discretion of Sheba. If an order is not executed, Sheba will inform you by email.

The confirmation of receipt does not constitute a purchase contract, the confirmation of receipt only documents that your order has been received by us.

We currently only offer online sales in the Cape Town South Africa.

Delivery

The delivery of the ordered merchandise will be made to the delivery address specified by the ordering party. If the ordering party is not available at the time of the delivery and has not made provisions and is unreachable, the product will be returned to the warehouse and delivery will be attempted on the following day or when delivery crew is next available.

Payment

You can choose from a number of different payment types:

  • Visa
  • Mastercard
  • Cash

Please note that agreements you may have with your credit institute or other institutions may result in additional costs for electronic transfers, holding an account, etc.

Sheba reserves the right to limit the use of the payment methods named above to one or more of the options listed.

Links and Framing

Illegal and/or unauthorized uses of this website and the services and products provided through the website, including unauthorized linking to or framing of the website will be investigated, and appropriate legal action may be taken. Some links, however, are welcome to the website and you are allowed to establish a hyperlink to appropriate parts within the website provided that:

  • You post your link only with the forum, chat, message board section
  • You do not remove or obscure any advertisements, copyright notices or other notices placed on the website
  • The link does not state or imply any sponsorship or endorsement of your website
  • You immediately stop providing links to the website on written notice from Sheba.

However, you must check the copyright notice on the homepage to which you wish to link to make sure that one of the website’s content providers does not have its own policies regarding direct links to their content on this website.

Warranty Disclaimer and Exclusions/Limitations on Liability

You represent and warrant that (a) all of the information provided by you to this website is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

You hereby accept and agree that it is beyond Sheba’s control, and Sheba has no duty to take any action regarding which users gain access to the website or use this website’s services and products what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release Sheba from all liability for you having acquired or not acquired content through this website or the services and products provided through this website.

It should be noted that this website and/or the services provided through this website may contain, or direct you to other websites containing, information that some people may find offensive or inappropriate. Sheba makes no representations concerning any content contained in or accessed through this website or the services and products provided through this website, and Sheba will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the website or the services and products provided through this website. The views expressed by our partners, affiliates and websites accessed through this website are not necessarily the views of Sheba and therefore shall not necessarily be attributed to Sheba.

In all circumstances sheba’s maximum liability is limited to R2000. Sheba shall not, under any circumstances, be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages , whether upon a claim or action in contract, tort, negligence, indemnity or contribution, or other claims relating to the products it sells which exceeds this liability limit. Sheba shall not be liable for third party claims for personal injury, damages against the customer, or for malfunction, delays, loss of business, loss or damages to exemplary damages, whether or not Sheba has been made aware of the possibility of such claims or damages.

Further, in no event will Sheba be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for : (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; or (iii) for interruption of use or loss or corruption of data. The foregoing should not apply to the extent prohibited by applicable law.

Indemnification

You agree to indemnify and hold harmless Sheba, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the websites and the services and products provided through the website, including but not limited to your violation of this Agreement.

Intellectual Property Rights

There are instances in which this website allows people throughout the world to share valuable information, ideas and creative works. To ensure continued open access to such material, Sheba, along with its users, need to protect the rights of those who share their creations on this website. Although Sheba makes the website freely accessible, Sheba does not intend to give up its legal rights, or anyone else’s legal rights, to the materials appearing on the website. The materials available on the website shall remain the property of Sheba and /or its licensors, and are protected by copyright, trademark, and other intellectual property laws. You acquire no proprietary interest in any such rights. Furthermore, you may not remove or obscure the copyright notice or any other notices contained the website or anything retrieved or downloaded from them.

You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the website, and that you will not acquire any right, title, or interest in or to the website except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to this website and its services and products, or proprietary information related thereto.

By submitting content on the website or otherwise for Sheba’s services and products, you hereby do and shall grant Sheba, a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable and transferable license to use, copy, edit, modify, reproduce, distribute derivative works of, display, perform, and otherwise fully full exploit the content in connection with the website, the services provided through the website and Sheba’s (and its successors and assigns) business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) or the service in any media formats and through any medial channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant to each user of this website and /or the services of this website a non-exclusive license to access your content through the website and the services and products provided through the website, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such content in connection with their use of this website and the services and products provided through the website.

Cancellation

You may cancel your Member Account or discontinue your Member Profile at any time. There are no cancellation fees. If you cancel your Member Account or discontinue your Member Profile more than a week before your next subscription is due, then your membership, Member Account, and/or Member Profile shall cease immediately after submitting your cancellation request and you should not incur any additional fees or charges. In the event that you cancel your Member Account or discontinue you Member Profile a week or less before your subscription is due, then your membership, account and/or profile will be cancelled effective the 1st of the following month. Furthermore, if you submit a cancellation request and an order has already been processed on your behalf, then you will be charged for that order and the items ordered will be delivered. Please note that in the event the payment for your order is unable to be processed after two attempts, then no shipment will be sent and your account will be cancelled immediately.

To cancel your Member Account or subscription, please email hello@shebafeminine.co.za.

Confidentiality

You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers and forum members. All information submitted to by an end-user customer is proprietary information of Sheba. Such customer information is confidential and may not be disclosed by Sheba, except as reasonably required for Sheba to conduct its primary business. Sheba agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.

Assignment of Rights

Your rights of whatever nature cannot be assigned nor transferred to anybody without Sheba’s express written consent, and any such attempt without Sheba’s written consent may result in termination of this Agreement, without liability to Sheba. However, Sheba may assign this Agreement to any person or organization at any time without notice.

Waiver and Severability of Terms

Failure of Sheba to insist upon strict performance of any of these Terms and Conditions and the covenants provided herein shall not be deemed a relinquishment or waiver of any rights or remedy that Sheba may have, nor shall it be construed as a waiver of any subsequent breach of these Terms and Conditions and the covenants provided herein, which shall remain in full force and effect at all times.

No waiver by either party of any breach of any provision herein shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.

In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provisions shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.

Entire Agreement

This Agreement shall be governed and construed in accordance with the substantive laws of South Africa. This Agreement describes and encompasses the entire agreement between Sheba and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the website, the contents and materials provided by or through this website as well as the services provided through this website, and subject matter of this Agreement. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.

Choice of Law/Jurisdiction

Any dispute, controversy or difference which may arise between the parties to this Agreement out of, in relation to, or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of South Africa to the exclusion of any other courts with giving effect to its conflict of laws provisions or your territory or country of residence.

Term

This Agreement will remain in full force and effect while you use the website and the services and products provided through this website. You may terminate and/or discontinue your membership, Member Account or Member Profile at any time for any reason by following the instructions on the website. Sheba may terminate and/or discontinue your membership, Member Account or Member Profile for any reason at any time. If you are using a paid version of the services and products provided through this website and Sheba terminates your membership and/or Member Account because you have breach the Agreement, you will not be entitled to any refund or unused subscription fees. Even after your membership and Member Account are terminated certain sections of this Agreement will remain in full force and effect.

You agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.

Acceptance of terms and conditions

By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.

 

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