ALPHA PHARM (PTY) LTD WEBSITE TERMS AND CONDITIONS
These Website Terms and Conditions below (“Terms and Conditions”) govern your use on our, Alpha Pharm (Pty) Ltd (“Alpha Pharm”) websites located at the domain names www.alphapharm.co.za and www.alphasvr.co.za (“the Websites”).
By accessing and using the Websites, you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them.
Terms and Conditions of Use
You are welcome to browse or use our Website for your own personal, non-commercial shopping and information purposes only. No other use is permitted without the prior written consent of Alpha Pharm.
Alpha Pharm reserves the right to suspend our Website or any part thereof or terminate your account at any time should we, in our sole discretion, determine that you are not using this Website in compliance with these Terms and Conditions or should we believe that the information you provided is untrue, inaccurate or incomplete.
Our Website is controlled, operated and administered by Alpha Pharm from its offices within the Republic of South Africa, Ground Floor, Block D, 66 Corporate Office Park, c/o Lenchen and Von Willich Avenues, Centurion, Pretoria. Should you access our Website from a place or country where the Content or purchase of products sold on our Website is illegal, your access will be terminated. You may not use our Website in violation of South African export laws and regulations.
By using our Website or communicating with Alpha Pharm by electronic means, you consent and acknowledge that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including, but not limited to, the requirement that such communications should be in writing.
Updating of these Terms and Conditions
Alpha Pharm reserves the right to change, modify, add or remove any portion or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to our Website. It is your obligation to regularly check these Terms and Conditions on our Website for any changes or updates. Your continued use of our Website following the posting of any changes or updates will be seen as your acceptance to abide by and be bound by these Terms and Conditions, including any such changes or updates.
Intellectual Property Rights
Any Content that is currently or anticipated to be displayed on our Website is provided by Alpha Pharm, its affiliates and/or subsidiaries, or any other third party owners of such Content, and includes, but is not limited to, Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright of Alpha Pharm (Pty) Ltd, its affiliates or subsidiaries, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. Other than the content you own, under these Terms and Conditions, Alpha Pharm and/or its licensors own all the intellectual property rights and materials contained on our Website. You are only granted a limited license for the purpose of viewing the material contained on our Website. You are not permitted to use the Content of our website, our logos or any product or other images that appear on our Website without our prior written consent. Unauthorized use, reproduction, modification and/or distribution is strictly prohibited and constitutes an infringement of Alpha Pharm’s or our licensors’ intellectual property rights. All data and information communicated to or from our Website including its database also belongs solely to Alpha Pharm or our licensors. You agree to sign all documents as we may reasonably require in order to assign any rights that you may acquire in the Content of our Website. You agree also to waive any moral rights in such Content. You are permitted to view, print or store electronically a copy of any information on our Website, including these Terms and Conditions, solely for your personal, lawful and non-commercial use.
You are specifically restricted from all of the following:
- publishing any of our Website material in any other media;
- selling, sublicensing and/or otherwise commercializing any of our Website material;
- publicly performing and/or showing any of our Website material;
- using our Website in any way that is or may be damaging to our Website;
- using our Website in any way that impacts user access to our Website;
- using our Website contrary to applicable laws and regulations, or in any way may cause harm to our Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to our Website; and
- using our Website to engage in any advertising or marketing.
There may be certain areas of our Website where your access is restricted and Alpha Pharm may further restrict your access, at any time, in our absolute discretion. Any user ID and/or password you may have for our Website is confidential and confidentiality of such remains your responsibility.
Advertising and other promotional material of third parties may appear on our Website from time to time. We do not endorse such third parties or their products and/or services. Your reliance on any information contained in such material is entirely at your own risk.
Privacy: casual surfing
Alpha Pharm takes all reasonable steps to protect the personal information of our clients and for the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act, Act 2 of 2000 (“PAIA”) and the Protection of Personal Information Act, Act 4 of 2013 (”POPI”).
Alpha Pharm may electronically or manually collect, store and use your personal information which is supplied by you, personally.
The manner in which we collect your personal information will be determined in the method in which you contact us, either telephonically, personally or electronically.
The personal information provided by yourself will be collected, disclosed, used, processed and stored as is necessary to carry out lawful actions and functions for the conclusion or performance of the agreement entered into between us, and will only be done with your written consent where required, unless we are legally required or obligated to divulge the personal information.
You hereby provide us with your express written consent to use your personal information, share certain of your personal information and to analyze your personal information in order to compile a profile of you, and to send promotional material to you in the ordinary course of our business.
We will provide you with information regarding new services or special offers. In each instance, you will be provided an opportunity to opt out of such information.
You hereby grant us permission to enter your cellular number onto our SMS database as well as your e-mail address onto our communication database, if supplied to us by you, for the purpose of promotional material. If you require to have your cellular number or e-mail address to be removed from our database(s), please send an email to the following address: email@example.com
We will not sell, rent or provide your personal information to any unauthorized third parties without your written consent. If at any stage, after you have given us your written consent, you no longer wish us to use or share your personal information with an affiliate party, you may withdraw your consent. You may visit our Website without providing any personal information whatsoever. Our Website servers will in such instances collect the IP address of your device, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent on our Website, pages viewed, etc. Our website is hosted on a secure server and uses security measures to prevent interference by intruders.
We value your comments, ideas, suggestions and feedback (“your Comments”) via our Website. We will not compensate you in any way whatsoever for your Comments. Once received, your Comments will become our property and we will not be limited in any way in the use, commercial or otherwise, of any of your Comments. You warrant that your Comments do not and will not violate the right(s) of any third party, including copyright, trademark, privacy or any other personal or proprietary right(s). You agree not to disclose, submit or offer any Comments that are or contain any defamatory, unlawful, abusive or obscene material. We disclaim any liability towards any third party regarding your Comments and you shall remain accountable towards any third party regarding any harm caused by your Comments.
Our Website is provided “as is”, and we express no representations or warranties, of any kind related to our Website or the materials contained on our Website. Nothing contained on our Website shall be interpreted as advising you. Alpha Pharm makes no warranty or representation as to the availability, accuracy or completeness of the Content and may include inaccuracies or typographical errors.
Limitation of liability
In no event shall Alpha Pharm, including its officers, directors and employees be held liable for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred by you, relating to the use of, or the inability to access or use the Content or our Website, even if we are expressly advised thereof.
You hereby indemnify to the fullest extent Alpha Pharm from and against any and/or all of our liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms and Conditions.
If any provision of these Terms and Conditions is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
Alpha Pharm is allowed to assign, transfer and subcontract its rights and/or obligations under these Terms and Conditions without any notification. You shall not be allowed to assign, transfer or subcontract any of your rights and/or obligations under these Terms and Conditions.
Governing Law & Jurisdiction
These Terms and Conditions will be governed by and interpreted in accordance with the laws of the Republic of South Africa, and you submit to the non-exclusive jurisdiction of the North Gauteng High Court, Pretoria for the resolution of any disputes.
These Terms and Conditions constitute the entire agreement between Alpha Pharm and yourself in relation to your use of our Website, and supersede all prior agreements and understandings.