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terms and conditions

INTRODUCTION

Agreement Last updated: 18 January 2016

Welcome to miacup.co.za and accompanying discussion board (hereinafter collectively referred to as “our website”, “the website”, “this website”). These Terms and Conditions constitute the entire agreement between you, the customer, and Miacup South Africa CC (“us”, “we”, “our”). By visiting or shopping at the website, you will be accepting these conditions and agreeing to comply with the most recent version of this agreement in its entirety.

We reserve the right to amend this agreement or any parts thereof at any time and without notice. Amendments to this agreement take effect 24 hours after the agreement has been amended on our website, and your continued use of the website implies your acceptance of the agreement as amended. When placing an order, the agreement in force at the time of your placing the order will apply to that order and its related transactions.

If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

The most recent version of the Terms and Conditions can be found at http://www.miacup.co.za/.


OWNERSHIP

This website is wholly owned and operated by Miacup South Africa CC (Registration Number 2007/116991/23). On the website we provide information about our corporation generally and for the purposes of the ECT Act. The ECT Act states that when we offer goods or services by way of certain electronic transactions, we must make the following information about us available to customers on websites where the goods or services are offered:

Full name: Miacup South Africa CC
Legal status: Close Corporation (CC)
Registration number: 2007/116991/23

Main business: Online retailer and wholesaler

Address of registered office: PO Box 72220, Parkview, 2122
Address for receipt of legal service:

Office bearer: Elaine Miller, Manager

Website address: http://www.miacup.co.za/
E-mail address: email address
Postal address: PO Box 72220, Parkview, 2122, South Africa
Telephone number: 083 459 9491

A copy of the ECT Act can be found at: http://www.polity.org.za/attachment.php?aa_id=68


COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

All content included on this website, such as text, graphics, logos, button icons, images, audio clips, video clips and digital downloads, is Copyright 2008 © Miacup South Africa CC.

All rights, including all moral rights of Miacup South Africa CC and its employees/agents, are reserved unless expressly granted.

Our trademarks, registered trademarks and trade dress include, but are not limited to, “Miacup”, “Mia cup”, “Rethink the tampon”, “MyMia”, the Miacup logo and the distinctive Miacup packaging.

Our trademarks, registered trademarks and trade dress may be used publicly with permission only from us and may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. Fair use of our trademarks in advertising and promotion of our products requires proper acknowledgement. All other trademarks not owned by us or our affiliates that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us or our affiliates.


SITE ACCESS AND USE OF THE WEBSITE

This website is for personal use only. Without express written permission from us, you may not make use of the content from this site whether direct or derived, for any commercial purpose whatsoever.

You may not frame or utilise framing techniques to enclose any content of this site without our express written consent.

You are granted a limited, revocable and nonexclusive right to create hyperlinks to our website pages as long as such links do not portray us or our affiliates or products or services in a false, misleading, derogatory or otherwise offensive manner.

We cannot screen or edit all the content available from our website and do not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform us of any content that may be offensive or illegal.

Hyperlinks provided on this website to sites not owned by Miacup South Africa CC are provided as is and we do not necessarily agree with, edit or sponsor the content on such web pages.

In the case of discrepancies between the various language versions of this website, the English version shall prevail.


ELECTRONIC COMMUNICATIONS

When you visit our website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.


DISCLAIMER AND LIMITATION OF LIABILITY

This website and all information, content, materials and products and services included on or otherwise made available to you through this website are provided on an “as is” and “as available” basis.

Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither Miacup South Africa CC nor any of its directors, employees, affiliates, agents or suppliers shall be liable for any damages or loss or liability of whatsoever nature resulting from or relating to the use or inability to use this website, any of its content or any product sold on this website, irrespective of the cause of the damages.

Neither Miacup South Africa CC nor any of its directors, employees, affiliates, agents or suppliers shall be liable for any health problems or adverse reactions that may result from using any of the products described or sold on this website.

Furthermore, Miacup South Africa CC and its affiliates make no representations or warranties of any kind, implied or otherwise, that, amongst others, the content and technology available from this website are free from errors or omissions or that the service will be uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to us.

Information, ideas and opinions expressed on this website are not intended as a substitute for the advice from your doctor or other health care professional and should not be regarded as professional advice or the official opinion of Miacup South Africa CC or its affiliates. None of the products on this website are approved to diagnose, treat, cure or prevent disease. Users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this website.


SECURITY

Your credit card details and other personal information gathered from our website are protected during transmission on the Internet by the use of Secure Sockets Layer (SSL) encryption software, the same technology used by online banking sites and retailers across the world. Your credit card details are not stored after use. Any credit card details that we receive by any other means (for example, by telephone or by mail) will be kept physically secure until no longer necessary, at which time they will be destroyed.

Our registered domain name is verified by Thawte, one of the largest and most respected internet Certification Authorities.

Any person that delivers or attempts to deliver any malicious code to this website or attempts to gain unauthorised access to any page on this website shall be prosecuted and civil damages shall be claimed in the event that Miacup South Africa CC or its customers suffer any damage or loss.


PRIVACY

Miacup South Africa CC appreciates that you care how information about you is stored, used and shared. We greatly value your privacy and its protection.

What information does Miacup South Africa CC collect about me?

Automatic Information: When your browser accesses our website, our server automatically obtains some information about your computer and internet connection. This information does not identify you personally and is used by our website for configuration purposes and by our web host for system administration purposes. If enabled in your internet browser, our website and discussion board will also make use of "cookies" (text files placed on your computer) to enable certain website features and to help protect any data transmitted between your computer and our website.

Most importantly, our website makes use of Google Analytics, a service provided by Google, Inc that uses cookies to help analyze how users browse our website. The information collected (including your IP address) will be transmitted to and stored by Google, who will use this information for compiling website activity reports and providing other services relating to website activity and internet usage. Google may transfer information collected to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google.

Information from Other Sources: Information we may receive from other sources includes updated delivery and address information from our shipping and delivery agents or other third parties, which we use to correct our records. To help prevent and detect fraud, we may also request credit history information from credit bureaus.

Information You Give Us: Most of the information that we collect is information that you give directly to us. In order to provide the best possible customer service, we may keep records of telephone calls, e-mails and orders. These records may contain information such as your name, address, e-mail address and phone numbers. Credit card details are not stored. Information such as your race, age and gender may be recorded (if voluntarily provided) for our own statistics.

Please note: due to the nature of discussion boards, any personal information that you choose to post on our discussion board or your discussion board profile will necessarily be accessible to anyone with Internet access. It is each user’s responsibility to protect his/her own personal information and/or identity.


Does Miacup South Africa CC share my information?

Our shipping and delivery agents will be provided with the information necessary for delivering your order. Otherwise, we do not share your personal information with anyone (including our affiliates) unless in response to a specific request by a law enforcement agency, subpoena, court order or as required by law.

Will Miacup South Africa CC send me unsolicited e-mail?

Subject only to your explicit request, we may occasionally provide you with our e-mail newsletter. Should you change your mind, this newsletter contains clear instructions for removal from the mailing list. Otherwise, you will only ever receive communications from us directly related to an order or to your participation on our discussion board or testimonials page.

Please note: it is each user’s responsibility to protect his/her own e-mail address when participating on our discussion board.

Are children allowed to use this website?

Protecting children’s privacy is especially important to us. Miacup South Africa CC does not sell products for purchase by children. Although children may use products available on this website, these products are for purchase only by adults. If you are under sixteen (16), you may purchase products from this website only with the direct involvement and consent of a parent or guardian.

We encourage parents to talk to their children about the use of the Internet and information they disclose to websites.

Queries or complaints?

If you have any queries or complaints concerning this privacy policy and its application, you may contact our Customer Service Department.


PRICES

By default, all prices displayed on this website are quoted in South African Rands (ZAR). For the convenience of our international customers, we also offer the option to display prices in one of several other currencies. Regardless of the currency displayed, all orders will be charged in South African Rands. The conversion of your currency to South African Rands may be subject to exchange rate fluctuations and/or additional bank charges. As such, we cannot guarantee the accuracy of prices displayed in currencies other than South African Rands.

Pricing and stock availability are subject to change without notice.

Product prices are exclusive of delivery costs and of Value Added Tax (VAT), which is currently not payable on products purchased from this website. In the event of a sale or special offer, the discounted price is displayed.

Delivery costs are variable and will be clearly marked before final order processing and before the agreement of sale comes into effect.

Orders that are shipped to countries outside of South Africa may be subject to import taxes, custom duties and fees levied by the destination country (“import fees”). These import fees must be borne by the recipient; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; we advise you to contact your local customs office for further information.


COUPONS

The use of discount coupons is subject both to our general terms and conditions, and to any other specific conditions expressed on issue of a coupon.

Coupons cannot be exchanged for cash and may only be used online at our website, by redeeming at the appropriate point in the online purchase process. Redemption may be subject to the provision of proof of entitlement to use the coupon.

We reserve the right to modify, withdraw or cancel any coupon for any reason at any time. In particular, we reserve the right to deny the use of any coupon during a special offer or promotion.


STOCK AVAILABILITY AND BACKORDERS

All goods on offer, including those on sale or as a special offer, are subject to stock availability and a First Come First Served (FCFS) policy will be observed. Miacup South Africa CC shall take all reasonable efforts to discontinue an offer as soon as stock is no longer available. However, in the event that merchandise is offered once all stock thereof is sold, Miacup South Africa CC shall only be liable to refund monies where it is unable to fulfil orders at advertised prices.

Orders for out of stock items may be placed on backorder. We cannot guarantee a time frame for backorder fulfilment. Customers with a backordered item will have first priority when stock becomes available.


DELIVERY ESTIMATES

Estimated shipping and delivery dates will be clearly marked before final order processing and before the agreement of sale comes into effect.

While we make every effort to ensure that the information supplied on this site is accurate, we cannot guarantee the accuracy of shipping or delivery dates. Seasonal peaks and delays at customs, etc. are outside of our control. Where we anticipate excessive delays or out of stock situations occur, we will make every effort to inform the buyer as soon as possible.

Once we have shipped your order, we will send you an e-mail indicating the fact.


DELIVERY AND RISK OF LOSS

All items purchased from our website are made pursuant to agreements with shipping and delivery agents so that risk of loss passes from Miacup South Africa CC to such agents upon delivery of any item to such a carrier.

The signature of any person, not necessarily yourself, at the delivery address specified on your order will constitute proof of delivery. In the case of post office or depot collections, the signature of any person that collected the delivery, not necessarily yourself, will constitute proof of delivery.


ORDER CANCELLATIONS

All orders (including backorders) that have not yet been shipped may be cancelled by contacting our Customer Service Department. Any payment that has already been collected for cancelled orders will be refunded in full.


AGREEMENT OF SALE

An agreement of sale between Miacup South Africa CC and a user only comes into effect if and when:

1. A credit card authorisation is received from the issuing bank; or
2. A deposit of an electronic transfer is reflected on our bank statement (and only if such payment is received within five (5) business days after completion of the purchase cycle); or
3. A direct deposit is reflected on our bank statement (and only if such payment is received within five (5) business days after completion of the purchase cycle).

While we endeavour to ensure that the prices displayed on the website are accurate, it is possible that erroneous prices may be displayed from time to time. In such cases, we shall not be obliged to sell the product at the erroneous price. If a product has been listed at a lower price by mistake and you have ordered that product, we will inform you as soon as possible and give you the option to either reconfirm your order at the correct price or to cancel it. If we are unable to contact you we will treat the order as cancelled. If you cancel and have already paid for the goods, a full refund will be issued.

We reserve the right to refuse to accept and/or terminate an order at any point in time without giving any reasons. We also reserve the right to cancel orders in whole or in part as circumstances dictate. We shall only be liable to refund any monies already paid.


PAYMENT METHODS

Please note: In order to protect ourselves and our customers, Miacup South Africa CC scrutinises all transactions in an attempt to prevent fraud. A transaction may be refused if we are not satisfied with its legitimacy.

Credit card payments:
We do not store your credit card details. Once your order is successfully placed, authorisation for the order amount will be obtained from your bank. As we ship your order or just before our authorisation expires (whichever comes first), we will collect payment. This is the only way in which we can facilitate backorders without storing your credit card details.

Bank deposit payments: (only accepted inside the borders of South Africa).
Once your order is successfully placed, you will be e-mailed instructions describing how to deposit monies into our bank account. The following conditions apply:
1. The exact amount must be paid.
2. The payment must be identified by supplying your order number and surname in the reference section of the deposit slip or on the electronic transfer.
3. No transfers may be made from ATM’s.
4. Cheque deposits are subject to a clearing period.
5. Unpaid bank deposit orders are cancelled after five (5) business days.


RETURN POLICY

Goods sold on this website may be returned to us, without any reason, providing that the goods are returned by registered mail and are postmarked within six (6) months of delivery.

Subject to the above condition and upon receipt of the returned goods, the purchase price (excluding delivery and return shipping costs) will be refunded.

If the return is a result of a manufacturing defect or of our having shipped the incorrect goods, we will also refund the delivery and return shipping costs.

We will notify you via e-mail once we've received and processed the returned goods.

For hygiene reasons, strictly NO returned units will ever be resold.

Please note: no guarantees apply to any of our products unless purchased directly through our own online store.


EXCHANGES

We will allow you to exchange (once only) a recently purchased Miacup with a model of a different size, providing that the goods are returned by registered mail and are postmarked within six (6) months of delivery;

Subject to the above condition and upon receipt of the returned item, we will place a new order in your name for the alternative Miacup model. This order will be free of all charges, including delivery costs.

If the exchange is a result of a manufacturing defect or of our having shipped the incorrect goods, we will also refund the cost of return shipping.

We will notify you via e-mail once we've received and processed the returned goods.

Please note that we cannot guarantee immediate stock availability in the case of exchanges. See “STOCK AVAILABILITY & BACKORDERS” for more information.

For hygiene reasons, strictly NO returned units will ever be resold.

Please note: no guarantees apply to any of our products unless purchased directly through our own online store.


DISPUTES

Any dispute relating in any way to your visit to our website or to products you purchase through our website and not resolved through our Customer Relations Department, shall be submitted to confidential administered arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa.

Arbitration proceedings shall be conducted in Johannesburg, in English. The arbitration rules can be found at: http://www.arbitration.co.za/pages/docs/expedited_rules.pdf

The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise.


DOMICILIUM

Our domicilium citandi et executandi for all purposes under this agreement is Johannesburg 2007, South Africa


GOVERNING LAW

This agreement shall be governed by and interpreted according to the laws of the Republic of South Africa. If you are accessing this website from outside of South Africa, you are responsible for compliance with all local laws.
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