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1. COPYRIGHT
1.1 Copyright 2005 © IM Davis cc No2 - Linksfield Park Clinic Pharmacy, Private Bag X34, Benmore 2010, South Africa. All rights not expressly granted are reserved. To obtain permissions for the commercial use of any content on this site contact The Pharmacy Manager at +2711 647 3598 or e-mail rvoges@netcare.co.za.
1.2 Users may download, view and print content from this site for private and non-commercial purposes only.
1.3 All moral rights of IM Davis cc No2 and its employees/agents are reserved.
1.4 IM Davis cc No2 - Linksfield Park Clinic Pharmacy cannot screen or edit all the content available from the IM Davis cc No2 - Linksfield Park Clinic Pharmacy site and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform IM Davis cc No2 - Linksfield Park Clinic Pharmacy of any content that may be offensive or illegal. |
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2. INTELLECTUAL PROPERTY RIGHTS
2.1 All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to IM Davis cc No2 - Linksfield Park Clinic Pharmacy and as such are protected from infringement by local and international legislation and treaties. |
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3. ELECTRONIC COMMUNICATIONS
3.1 When a user visits IM Davis cc No2 - Linksfield Park Clinic Pharmacy or sends e-mails to IM Davis cc No2 - Linksfield Park Clinic Pharmacy, that user consents to receiving communications from IM Davis cc No2 - Linksfield Park Clinic Pharmacy electronically and agrees that all agreements, notices, disclosures and other communications sent by IM Davis cc No2 - Linksfield Park Clinic Pharmacy satisfies any legal requirements, including but not limited, to the requirement that such communications should be "in writing". |
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4. HYPERLINKS
4.1 No person, business or web site may link to any page on this site without the prior written permission of IM Davis cc No2 - Linksfield Park Clinic Pharmacy. Such permission could be obtained from the person referred to in clause 1 hereof. This clause does not apply to parties that have entered into e-trader agreements with IM Davis cc No2 - Linksfield Park Clinic Pharmacy.
4.2 Hyperlinks provided on this site to non- IM Davis cc No2 - Linksfield Park Clinic Pharmacy sites, are provided as is and IM Davis cc No2 - Linksfield Park Clinic Pharmacy does not necessarily agree with, edit or sponsor the content on such web pages. |
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5. FRAMING
5.1 No person, business or web site may frame this site or any of the pages on this site in any way whatsoever. |
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6. SPIDERS AND CRAWLERS
6.1 No person, business or web site may use any technology to search and gain any information from this site without the prior written permission of IM Davis cc No2 - Linksfield Park Clinic Pharmacy. Such permission could be obtained from the person referred to in clause 1 hereof. |
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7. DISCLAIMER
7.1 Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither IM Davis cc No2 - Linksfield Park Clinic Pharmacy nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, IM Davis cc No2 - Linksfield Park Clinic Pharmacy makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to the person referred to in clause 1.
7.2 This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with IM Davis cc No2 - Linksfield Park Clinic Pharmacy that the service available from and through this web site will meet the user's individual requirements and be compatible with the user's hardware and/or software.
7.3 Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of IM Davis cc No2 - Linksfield Park Clinic Pharmacy and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
7.4 All items purchased from IM Davis cc No2 - Linksfield Park Clinic Pharmacy are made pursuant to agreements with shipping and delivery agents and risk of loss pass from IM Davis cc No2 - Linksfield Park Clinic Pharmacy to such agents upon delivery of any item to such carrier.
7.5 Neither IM Davis cc No2 - Linksfield Park Clinic Pharmacy nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on this web site. |
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8. COSTS
8.1 PRICES:
8.1.1 The price of each product is displayed with the product. In the event of a sale or special offer, the discounted price is displayed.
8.2 SHIPPING COSTS:
8.2.1 The cost of shipping within the borders of South Africa is determined as follows:
8.2.1.1 If the value of the goods in the order is more than R200,00 and the items weigh less than 10Kg, there is no shipping charge. For orders heavier than 10Kg, the rules set out in 8.2.1.3 and 8.2.1.4 apply. 8.2.1.2 If the value of the goods in the order is less than R200,00 and the items weigh less than 10Kg, the cost is R29. For orders heavier than 10Kg, the rules set out in 8.2.1.3 and 8.2.1.4 apply.
8.2.1.3 If the items in the order weigh more than 10Kg but less that 19.9Kg, the shipping charge is R65,00 per order.
8.2.1.4 If the weight is more than 20Kg the shipping charge is R67,50 plus R0,5025 per kilogram over 20Kg.The amount due is calculated automatically when the order is created. Note that the South African Post Office only accepts parcels with a maximum weight of 30Kg.
8.2.2 International deliveries. The cost of shipping outside the borders of South Africa will be calculated individually and forwarded before completion of transaction.
8.3 VALUE ADDED TAX:
8.3.1 Value added tax at the rate of 14% is charged on goods bought by South African residents.
8.3.2 VAT is not payable on international orders.
8.4 IMPORT DUTIES:
8.4.1 Import duties may be payable by recipients of goods in foreign countries. IM Davis cc No2 - Linksfield Park Clinic Pharmacy does not know what levies may be payable and cannot calculate or estimate such costs. |
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9. DELIVERIES
9.1 Inside the borders of South Africa
9.1.1 IMPORTANT: IF ITEMS WITH DIFFERENT DELIVERY TIMES ARE ORDERED TOGETHER, THE ITEM WITH THE LONGEST DELIVERY TIME WILL DETERMINE THE DELIVERY TIME OF ALL THE ITEMS IN THE ORDER.
9.2 Outside the borders of South Africa
9.2.1 It is possible to courier goods to international addresses. The costs are determined on an ad hoc basis. Note that such costs are normally very high.
9.3 Delays and cancellations
9.3.1 IM Davis cc No2 - Linksfield Park Clinic Pharmacy makes every effort to assure that the information supplied on the site is accurate. Where delays and out of stock situations occur, every effort will be made to inform the buyer. |
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10. PAYMENT METHODS
10.1 Credit card payments.
10.1.1 At the time of placing the order, the transaction details are presented to the bank and an authorization is obtained for the amount of the order.
10.1.2 Payment is only collected when the order is completed and the goods shipped.
10.1.3 Note that to protect it's own and the interests of customers, IM Davis cc No2 - Linksfield Park Clinic Pharmacy scrutinizes all transactions very carefully to prevent attempted fraud and a transaction may be refused if IM Davis cc No2 - Linksfield Park Clinic Pharmacy is not satisfied with it's legitimacy.
10.2 Bank deposit payments.
10.2.1 If the buyer selects the 'pay via bank deposit' button, instructions will be given on how to deposit monies into the IM Davis cc No2 - Linksfield Park Clinic Pharmacy bank account and would it be subject to the following rules:
10.2.1.1 The exact amount must be paid
10.2.1.2 The payment must be identified by supplying the order number and surname in the reference section of the deposit slip or on the electronic transfer.
10.2.1.3 No transfers must be made from ATM's
10.2.1.4 Cheque deposits are subject to a clearing period.
10.2.1.6 Unpaid bank deposit orders are cancelled after five business days. |
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11. AGREEMENTS OF SALE
11..1 An agreement of sale between IM Davis cc No2 - Linksfield Park Clinic Pharmacy and a user only comes into effect if and when:
11.1.1 A credit card authorisation is received from the issuing bank; or
11.1.2 A deposit of an electronic transfer is reflected on IM Davis cc No2 - Linksfield Park Clinic Pharmacy's bank statement (and only if such payment is received within 5 (five) business days after completion of the purchase cycle); or
11.1.3 A direct deposit is reflected on IM Davis cc No2 - Linksfield Park Clinic Pharmacy's bank statement (and only if such payment is received within 5 (five) business days after completion of the purchase cycle.
11.3 IM Davis cc No2 - Linksfield Park Clinic Pharmacy reserves the right to refuse to accept and/or execute an order without giving any reasons. IM Davis cc No2 - Linksfield Park Clinic Pharmacy also reserves the right to cancel orders in whole or in part as circumstances dictate. IM Davis cc No2 - Linksfield Park Clinic Pharmacy shall only be liable to refund monies already paid by the user.
11.4 IM Davis cc No2 - Linksfield Park Clinic Pharmacy shall take all reasonable efforts to maintain correct prices. However, should errors occur and items are offered at incorrect prices, IM Davis cc No2 - Linksfield Park Clinic Pharmacy will not be obliged to sell goods at such incorrect prices and shall only be liable to refund monies paid. |
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12. STOCK AVAILABILITY
12.1 Stocks of all goods on offer are limited. IM Davis cc No2 - Linksfield Park Clinic Pharmacy shall take all reasonable efforts to discontinue the offer as soon as stock is no longer available. However, should items still be offered after stocks are sold, IM Davis cc No2 - Linksfield Park Clinic Pharmacy shall only be liable to refund monies where it is unable to fulfil orders at advertised prices. |
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13. SPECIAL OFFERS
13.1 IM Davis cc No2 - Linksfield Park Clinic Pharmacy shall not be liable for the sale of items at lower prices if such prices were increased and users and/or purchasers could not, for any reason whatsoever, conclude an agreement of sale while such prices remained low.
13.2 If IM Davis cc No2 - Linksfield Park Clinic Pharmacy supplies the wrong product or if the product is in any way faulty or damaged, IM Davis cc No2 - Linksfield Park Clinic Pharmacy will exchange it for the correct one. However, if the product is no longer being offered at the special price, it will not be replaced and IM Davis cc No2 - Linksfield Park Clinic Pharmacy will refund the purchase price including delivery costs. |
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14. VOUCHERS
14.1 Vouchers cannot be exchanged for cash and is not transferable or assignable.
14.2 Vouchers cannot be redeemed at any affiliate websites.
14.3 Vouchers can only be redeemed while they are valid and expiry dates cannot be extended. |
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15. GUARANTEE
15.1.1 If IM Davis cc No2 - Linksfield Park Clinic Pharmacy supply the wrong product or if the product is in any way faulty or damaged, IM Davis cc No2 - Linksfield Park Clinic Pharmacy will exchange it for the correct one within 14 days of receipt by the customer. IM Davis cc No2 - Linksfield Park Clinic Pharmacy will make a reasonable effort to exchange the product, but if replacement is not possible, IM Davis cc No2 - Linksfield Park Clinic Pharmacy will refund the purchase price including delivery cost.
15.1.2 Special offers: If IM Davis cc No2 - Linksfield Park Clinic Pharmacy supplies the wrong product or if the product is in any way faulty or damaged, IM Davis cc No2 - Linksfield Park Clinic Pharmacy will exchange it for the correct one. However, if the product is no longer being offered at the special price, it will not be replaced and we will refund the buyer's purchase price including delivery costs. |
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16. GOVERNING LAW
16.1 This site is hosted, controlled and operated from the Republic of South Africa and there for governed by South African law. |
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17. PRIVACY
17.1 IM Davis cc No2 - Linksfield Park Clinic Pharmacy shall take all reasonable steps to protect the personal information of Users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf
17.2 IM Davis cc No2 - Linksfield Park Clinic Pharmacy may electronically collect, store and use the following personal information of Users:
17.2.1 name and surname;
17.2.2 birth date;
17.2.3 gender;
17.2.4 country of residence;
17.2.5 closest city;
17.2.6 non-personal browsing habits and click patterns;
17.2.7 e-mail address; and
17.2.8 IP address.
17.3 IM Davis cc No2 - Linksfield Park Clinic Pharmacy collects, stores and uses the above mentioned information for the following purposes:
17.3.1 to greet the User when he/she accesses the IM Davis cc No2 - Linksfield Park Clinic Pharmacy web site;
17.3.2 subject to the User's consent, inform the User of facts relating to his/her access and use of the
IM Davis cc No2 - Linksfield Park Clinic Pharmacy ;
17.3.3 subject to the User's consent, inform the User about competitions and special offers from IM Davis cc No2 - Linksfield Park Clinic Pharmacy and/or its partners / affiliates;
17.3.4 to compile non-personal statistical information about browsing habits, click-patterns and access to the IM Davis cc No2 - Linksfield Park Clinic Pharmacy.
17.4 Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.
17.5 The User may elect not to receive any communications from IM Davis cc No2 - Linksfield Park Clinic Pharmacy and/or its partners / affiliates.
17.6 IM Davis cc No2 - Linksfield Park Clinic Pharmacy may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
17.6.1 IM Davis cc No2 - Linksfield Park Clinic Pharmacy shall not disclose personal information from Users unless the User consents thereto;
17.6.2 IM Davis cc No2 - Linksfield Park Clinic Pharmacy shall disclose information without the User's consent only through due legal process; and
17.6.3 IM Davis cc No2 - Linksfield Park Clinic Pharmacy may compile, use and share any information that does not relate to any specific individual.
17.7 IM Davis cc No2 - Linksfield Park Clinic Pharmacy owns and retains all rights to non-personal statistical information collected and compiled by IM Davis cc No2 - Linksfield Park Clinic Pharmacy. |
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18. SECURITY
18.1 Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorised access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that IM Davis cc No2 - Linksfield Park Clinic Pharmacy suffers any damage or loss.
18.2 The user agrees and warrants that its log-in name and password shall:
18.2.1 be used for personal use only; and
18.2.2 not be disclosed to any third party.
18.3 The user allows IM Davis cc No2 - Linksfield Park Clinic Pharmacy to take all reasonable steps to ensure the integrity and security of the IM Davis cc No2 - Linksfield Park Clinic Pharmacy site and back-office applications.
18.4 All credit card transactions are Secure Socket Layers encrypted. The company registration documents and the site's registered domain name are checked and verified by Thawte. |
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19. CHANGES TO AGREEMENT
19.1 IM Davis cc No2 - Linksfield Park Clinic Pharmacy may, in its sole discretion, change this agreement or any part thereof at any time without notice. |
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20. DISPUTES
20.1 In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, and not resolved through the Customer Relations Department of IM Davis cc No2 - Linksfield Park Clinic Pharmacy, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Cape Town in English. The arbitration rules may be downloaded from: http://www.arbitration.co.za/Pages/docs/expedited_rules.pdf. |
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21. DOMICILIUM
21.1 IM Davis cc No2 - Linksfield Park Clinic Pharmacy chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 24 12 th Avenue, Orange Grove, Johannesburg. |
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22. TERM AND TERMINATION
22.1 This agreement shall commence when the user registers on the IM Davis cc No2 - Linksfield Park Clinic Pharmacy site and continues indefinitely until terminated by IM Davis cc No2 - Linksfield Park Clinic Pharmacy in terms of clause 21 hereto or for any other reason. |
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23. GENERAL INFORMATION |
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