We dislike 'Terms and Conditions' as much as you do. Unfortunately they are a reality and a part of business, so we'll try and keep them as straightforward as possible.
The purpose of these terms is to protect both you and us. It's our best attempt to clear up any issues that may cause problems later. If you have any questions regarding these terms please email us at [email protected] and we will clarify the situation for you!
We have tried to include everything that we think is appropriate here. Occasionally there are some things that we add to this page. Please be sure to visit this page on a regular basis if you wish to see the latest Website Terms.
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions of general site use in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.
LICENSE TO USE WEBSITE
Unless otherwise stated, Oxygen Products (PTY) LTD and/or its licencors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- Republish material from this website (including republication on another website);
- Sell, rent or sub-license material from the website;
- Show any material from the website in public;
- Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- Edit or otherwise modify any material on the website; or
- Redistribute material from this website.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the 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.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website.
You must not use this website for any purposes related to marketing without Oxygen Products (PTY) LTD’s express written consent.
Access to certain areas of this website is restricted. Oxygen Products (PTY) LTD reserves the right to restrict access to areas of this website, or indeed this entire website, at Oxygen Products (PTY) LTD’s discretion.
If Oxygen Products (PTY) LTD provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Oxygen Products (PTY) LTD may disable your user ID and password at Oxygen Products (PTY) LTD’s sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Oxygen Products (PTY) LTD a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Oxygen Products (PTY) LTD the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Oxygen Products (PTY) LTD or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Oxygen Products (PTY) LTD reserves the right to edit or remove any material submitted to this website, or stored on Oxygen Products (PTY) LTD’s servers, or hosted or published upon this website.
Notwithstanding Oxygen Products (PTY) LTD’s rights under these terms and conditions in relation to user content, Oxygen Products (PTY) LTD does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided “as is” without any representations or warranties, express or implied. Oxygen Products (PTY) LTD makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Oxygen Products (PTY) LTD does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any medical matter you should consult an appropriate health care professional.
LIMITATION OF LIABILITY
Oxygen Products (PTY) LTD will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- To the extent that the website is provided free-of-charge, for any direct loss;
- For any indirect, special or consequential loss; or
- For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Oxygen Products (PTY) LTD has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Oxygen Products (PTY) LTD’s liability in respect of any:
- Death or personal injury caused by Oxygen Products (PTY) LTD’s negligence;
- Fraud or fraudulent misrepresentation on the part of Oxygen Products (PTY) LTD; or
- Matter which it would be illegal or unlawful for Oxygen Products (PTY) LTD to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, Oxygen Products (PTY) LTD has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Oxygen Products (PTY) LTD’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Oxygen Products (PTY) LTD’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Oxygen Products (PTY) LTD.
You hereby indemnify Oxygen Products (PTY) LTD and undertake to keep Oxygen Products (PTY) LTD indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Oxygen Products (PTY) LTD to a third party in settlement of a claim or dispute on the advice of Oxygen Products (PTY) LTD’s legal advisers) incurred or suffered by Oxygen Products (PTY) LTD arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
BREACHES OF THESE TERMS OF SERVICE
Without prejudice to Oxygen Products (PTY) LTD’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Oxygen Products (PTY) LTD may take such action as Oxygen Products (PTY) LTD deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Oxygen Products (PTY) LTD may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version. Registered users will be notified by email of any updates.
Oxygen Products (PTY) LTD may transfer, sub-contract or otherwise deal with Oxygen Products (PTY) LTD’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions, together with our privacy and cookie policies, terms and conditions of sale, affiliate terms and conditions (if entered into) and distributor agreement (if entered into), constitute the entire agreement between you and Oxygen Products (PTY) LTD in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
LAW AND JURISDICTION
These terms and conditions will be governed by and construed in accordance with relevant legislation of the Republic of South Africa, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the Republic of South Africa, in particular the magisterial district of Cape Town.
OXYGEN PRODUCTS (PTY) LTD’S DETAILS
Oxygen Products (PTY) LTD is registered in the Republic of South Africa under registration number 2012/055651/07 and VAT registration number: 4940266267.
Oxygen Products (PTY) LTD address is: 91 Briza Road, Table View, Cape Town, Republic of South Africa, 7441.
You can contact Oxygen Products (PTY) LTD by email to [email protected].