Terms of Service
Effective Date: 01/09/2024
1. Introduction
Welcome to Live Smart. These Terms of Service (“Terms”) govern your use of our website www.livesmartnutrition.co.za (the “Site”) and the services we provide. By accessing or using our Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Site.
2. Eligibility
By using our Site, you represent and warrant that you are at least 18 years of age or have the legal capacity to enter into these Terms.
3. Use of the Site
You agree to use our Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:
In any way that violates any applicable, local, provincial, or international law or regulation.
To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site.
To impersonate or attempt to impersonate Live Smart, a Live Smart employee, another user, or any other person or entity.
To engage in any other conduct that interferes with the proper working of the Site.
4. Account Registration
To access certain features of the Site, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
5. Orders and Payments
By placing an order through our Site, you agree to provide current, complete, and accurate purchase and account information. We reserve the right to refuse or cancel any order at our discretion. If we cancel an order, we will attempt to notify you using the email address or other contact information provided at the time the order was made.
6. Product Descriptions and Availability
We strive to ensure that the information on our Site is accurate, complete, and current. However, we do not guarantee that the product descriptions, prices, or other content on the Site are accurate, complete, reliable, current, or error-free. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice.
7. Intellectual Property
All content on our Site, including text, graphics, logos, images, and software, is the property of Live Smart or its content suppliers and is protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not reproduce, distribute, modify, or create derivative works from any content on our Site without our express written permission.
8. Shipping and Returns
Our shipping policy and refund are available on our Site and are incorporated into these Terms by reference. Please review our shipping and refund policies before making any purchases.
9. Disclaimer of Warranties
Our Site and Services are provided on an “as is” and “as available” basis. We make no warranties, express or implied, regarding the operation of our Site or the information, content, or materials included therein. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
10. Limitation of Liability
To the fullest extent permitted by law, Live Smart shall not be liable for any damages of any kind arising from the use of our Site or from any information, content, or materials included on our Site, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
11. Indemnification
You agree to indemnify, defend, and hold harmless Live Smart, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising from or relating to your use of our Site or any violation of these Terms.
12. Governing Law
These Terms and your use of our Site shall be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law principles.
13. Dispute Resolution
Any dispute arising out of or in connection with these Terms shall be resolved through negotiation between the parties. If the dispute cannot be resolved through negotiation, it shall be submitted to mediation, and if mediation fails, to arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA).
14. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
15. Contact Information
If you have any questions or concerns about these Terms or our Services, please contact us at:
Live Smart Holdings Pty Ltd
Shop 20 Hillcrest Centre
38/42 Old Main Road
Hillcrest, KwaZulu Natal, 3610
031 765 5113 info@livesmartsa.co.za
