Terms of use for BioSmart Website

Definitions:

  1. ​ “Personal Information” means personal information as defined in the Protection of Personal Information Act (Act No. 4 of 2013) and includes information by which you can be identified and which relates to you as an identifiable individual such as your name, physical and postal addresses, e-mail address, race, sex, age and/or internet address of the domain from which you are visiting;
  2. “Terms of Use” means the terms of use of this Website, as set out in this document and as amended from time to time;
  3. “Website” means the Biosmart website: https://www.biosmart.com/;
  4. “you”, “your” or “user” means every person that accesses or uses this Website; and
  5. “we”, “us” or “our” means African Reagents Design Proprietary Limited trading as Biotech Africa and/or Biosmart. ​

Introduction:​

  1. By using our Website, you indicate that you are aware of, understand and accept these Terms of Use in full.
  2. These Terms of Use form a binding agreement between you and us. If you disagree with these Terms of Use or any part of them, you should immediately cease access of our Website.
  3. The Website is owned and operated by us. These Terms of Use govern your use of our Website. ​

Important notice:

  1. These Terms of Use apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
  2. These Terms of Use contain provisions that appear in similar text and style to this clause and which -
    1. may limit our risk or liability or that of a third party; and/or
    2. may create risk or liability for the user; and/or
    3. may compel the user to indemnify us or a third party; and/or
    4. serves as an acknowledgement, by the user, of a fact.
  3. Your attention is drawn to these terms and conditions because they are important and should be carefully noted.
  4. If there is any provision in these Terms of Use that you do not understand, it is your responsibility to ask us to explain it to you before you continue to make use of our Website.
  5. Nothing in these Terms of Use is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or us in terms of the CPA.

Prohibited use of the website:

  1. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein.
  2. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
  3. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without our express prior written consent. ​

Privacy Policy:

  1. We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
  2. Your Personal Information may be either collected by us or provided by you on the Website.
  3. Should your Personal Information change, please inform us and provide us with updates to your Personal Information as soon as reasonably possible to enable us to update your Personal Information on our records.
  4. Subject to clause 5.5 below, we will not, without your express consent:
    1. use your personal information for any purpose other than as set out below: for the purpose of replying to a query submitted by you via the Website; and/or
    2. to inform you of any specials or promotional offers regarding the testing services which we offer (unless you have opted out of receiving marketing material from us); or
  5. disclose your personal information to any third party other than as set out below:
    1. to our employees, persons engaged by us and/or third party service providers/ contractors who assist us in the rendering of our services;
    2. to our employees, persons engaged by us and/or third party service providers/ contractors who assist us to interact with you via the Website, email or any other method, for the purpose of responding to your query;
    3. to our employees, persons engaged by us and/or third party service providers for the purpose of sending you marketing materials (unless you have opted out from receiving marketing material from us); and/or
    4. to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms of Use.
  6. We are entitled to use or disclose your Personal Information if such use or disclosure is:
    1. required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property;
    2. for the purpose of fraud prevention; or
    3. necessary to protect the rights, property or personal safety of another Website user, any member of the public or any of our employees, directors, shareholders’ or representatives.
  7. We undertake never to sell or make your personal information available to any third party other than as provided for in this policy.
  8. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

Changes to these terms of use:

We may, in our sole discretion, change any of these Terms of Use at any time. On each occasion that you make use of the Website, it is your responsibility to regularly check these Terms of Use and make sure that you are satisfied with the changes. Should you not be satisfied, you must cease your use of the Website immediately. If you continue to use the Website after the Terms of Use displayed thereon have changed, you will be deemed to have accepted such changes.

Ownership & Copy Write:

  1. The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in the Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is our property or the property of our advertisers and/or sponsors and is licensed to us.
  2. You will not acquire any right, title or interest in or to the Website or the Website Content.
  3. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms of Use or otherwise provided for in law.

Disclaimer for use of this WEBSITE:

  1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from your use of the Website or reliance on any information on the Website.
  2. Whilst we take reasonable measures to ensure that the content of the Website is accurate and complete, we make no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information or content on the Website. If any such representations or warranties are made by any of our representatives, we shall not be bound thereby.
  3. We disclaim liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
  4. In addition to the disclaimers contained elsewhere in these Terms of use, we also make no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, mobile device, handset, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to:
    1. our gross negligence or wilful misconduct; or
    2. the gross negligence or wilful misconduct of any of our employees, agents or authorised representatives.

We thus disclaim all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.

  1. ​ LIMITATION OF LIABILITY, DISCLAIMER AND INDEMNITY
    1. THE PROVISIONS OF THIS CLAUSE 9 SHALL APPLY IN ADDITION TO, AND SHALL NOT IN ANY WAY LIMIT, THE LIMITATION OF LIABILITY PROVISIONS AND INDEMNITY PROVISIONS PROVIDED FOR ELSEWHERE IN THESE TERMS OF USE.
    2. TO THE MAXIMUM EXTENT PERMITTED IN LAW, WE, AS WELL AS OUR DIRECTORS, EMPLOYEES, AGENTS AND OTHER AUTHORISED REPRESENTATIVES (HEREINAFTER REFERRED TO AS “BIOSMART REPRESENTATIVES”) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MAY ARISE FROM:
      1. YOUR USE OF THE WEBSITE;
      2. YOUR USE OF OR RELIANCE UPON ANY INFORMATION SET OUT ON THE WEBSITE; AND/OR
      3. OUR REPLIES TO ANY QUERIES MADE BY YOU VIA THE WEBSITE.
    3. YOU HEREBY INDEMNIFY US (AS WELL AS EACH OF THE BIOSMART REPRESENTATIVES) AGAINST ANY CLAIM OR DAMAGES WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM:
      1. YOUR USE OF THE WEBSITE;
      2. YOUR USE OF OR RELIANCE UPON ANY INFORMATION SET OUT ON THE WEBSTIE; AND/OR
      3. OUR REPLIES TO ANY QUERIES MADE BY YOU VIA THE WEBSITE.
  2. THIRD PARTY WEBSITES
    The Website includes or may include hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
    1. GOVERNING LAW AND JURISDICTION
      1. These Terms of Use and our relationship and/or any dispute arising from or in connection with these Terms of Use shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
      2. In the event of any dispute arising between yourself and us, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
      3. Nothing in this clause 11 or the Terms of Use limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
    2. AVAILABILITY AND TERMINATION
      1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and we are entitled to discontinue providing the Website or any part thereof with or without notice to you.
      2. We may in our sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that we will not be liable to you in the event that we choose to suspend, modify or terminate this Website.
      3. If you fail to comply with your obligations under these Terms of Use this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
      4. At any time, you can choose to stop using the Website, with or without notice to us.
    3. NOTICES
      1. We hereby select BIOTECH AFRICA, FIRST FLOOR, THE HARRINGTON, 50 HARRINGTON STREET, CAPE TOWN, 8001, as our address for the service of all formal notices and legal processes in connection with these Terms of Use (“legal address”). We may change this address from time to time by updating these Terms of Use.
      2. Notices must be sent either by hand, prepaid registered post or email and must be in English. All notices sent -
        1. by hand, will be deemed to have been received on the date of delivery;
        2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting; and
        3. by email, will be deemed to have been received within 24 (twenty-four) hours of transmission.
      3. Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
    4. GENERAL
      1. This document contains the entire agreement between the parties in relation to the subject matter hereof and no other warranty or undertaking is valid, unless contained in this document.
      2. No variation, addition, deletion, or agreed cancellation of the Terms of Use will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
      3. Words importing the singular will include the plural, and vice versa, and words importing the masculine gender will include the feminine and neuter genders, and vice versa, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.
      4. The headings to the paragraphs to these Terms of Use are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
      5. We may, in our sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents.
      6. You hereby consent to receive any and all approaches and/or communications from us, our members, agents and/or our marketing service providers, (whether via e-mail or otherwise) whether for the purposes of direct marketing or otherwise. Should you not wish to receive any approaches and/or communications as aforesaid, kindly address an e-mail to info@biosmart.com advising us of same.
      7. Should you have any complaints or queries, kindly address an e-mail to info@biosmart.com advising us of the same, or alternatively contact us at +27 21 180 4707.
      8. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms of Use to any third party.
      9. Any failure on our part or on the part of yourself to enforce any right in terms hereof shall not constitute a waiver of that right.
      10. 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.
      11. Each sentence, paragraph, term, clause and provision of these Terms of Use and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation (including, without limitation, the CPA and any regulations thereto) or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part of these Terms of Use and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision of these Terms of Use as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
      12. No term or condition of these Terms of Use is intended to breach any peremptory provisions of the CPA and any regulations thereto ("Prohibited Provision"). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 14.11 mutatis mutandis.

Website Navigational Information

Cookies, Web Beacons and IP Addresses ​

African Reagents Design uses commonly-used information-gathering tools, such as cookies and Web beacons, to collect information as you navigate the Company’s Websites (“Website Navigational Information”). This section describes the types of Website Navigational Information used on the Company’s Web sites and how this information may be used. Cookies ​ African Reagents Design uses cookies to make interactions with the Company’s Web sites easy and meaningful. When you visit one of the Company’s Websites or the mobile app, African Reagents Design servers send a cookie to your computer. Standing alone, cookies do not personally identify you; they merely recognize your Web browser. Unless you choose to identify yourself to African Reagents Design, either by responding to a promotional offer, opening an account, or filling out a Web form (such as a “Contact Me” or a “Live Demo” Web form), you remain anonymous to the Company.

African Reagents Design uses cookies that are session-based and persistent-based. Session cookies exist only during one session. They disappear from your computer when you close your browser software or turn off your computer. Persistent cookies remain on your computer after you close your browser or turn off your computer. Please note that if you disable your Web browser’s ability to accept cookies, you will be able to navigate the Company’s Websites, but you will not be able to successfully use the Services.

Web Beacons​

African Reagents Design uses Web beacons alone or in conjunction with cookies to compile information about Customers and Visitors’ usage of the Company’s Websites and interaction with emails from the Company.

Web beacons are clear electronic images that can recognize certain types of information on your computer, such as cookies, when you viewed a particular Website tied to the Web beacon, and a description of a Website tied to the Web beacon.

For example, African Reagents Design may place Web beacons in marketing emails that notify the Company when you click on a link in the email that directs you to one of the Company’s Websites. African Reagents Design uses Web beacons to operate and improve the Company’s Websites and email communications.

IP Addresses

When you visit African Reagents Design Digital Properties, the Company collects your Internet Protocol (“IP”) addresses to track and aggregate non-personal information.

For example, African Reagents Design uses IP addresses to monitor the regions from which Customers and Visitors navigate the Company’s Websites.

African Reagents Design also collects IP addresses from Customers whey they log into the Services as part of the Company’s “Identity Confirmation” and “IP Range Restrictions” security features.