TERMS AND CONDITIONS
General Terms and Conditions for users. (If you are an Affiliate please read the following terms and conditions)
- The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
- Whilst Macno takes reasonable measures to ensure that the content of the Website is accurate and complete, Macno makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Macno’s representatives, Macno shall not be bound thereby.
- This website can be accessed at www.lipogonlabseries.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by Macno Aesthetic Solutions (Pty) Ltd (“Macno”, “we”, “us” and “our”).
- These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
- These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
- The Website enables you to shop online for an extensive range of goods, slimming solutions and health supplements, and more (“Goods”).
- These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
- These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
- may limit the risk or liability of Macno or a third party; and/or
- may create risk or liability for the user; and/or
- may compel the user to indemnify Macno or a third party; and/or
- serves as an acknowledgement, by the user, of a fact.
- Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
- If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Macno to explain it to you before you accept the Terms and Conditions or continue using the Website.
- Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Macno in terms of the CPA.
- Macno permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
- Please be advised that due to the nature of the goods sold we have a no return policy.
- However in the event that the goods are damaged, please notify us within 5 days of such delivery/collection. We will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will replace the product as soon as possible.
- If we accidentally deliver the wrong product to you please notify us and we will collect the product from you at no charge. Once we have inspected the product and validated your return, we will deliver the correct product to you as soon as possible (if the correct product is available); or credit your account with the purchase price of the product within 10 days of the return.
- Only registered users may order Goods on the Website.
- To register as a user, you must provide a unique username and password and provide certain information and personal details to Macno. You will need to use your unique username and password to access the Website in order to purchase Goods.
- You agree and warrant that your username and password shall:
- be used for personal use only; and
- not be disclosed by you to any third party.
- For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
- You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
- You agree to notify Macno immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
- By using the Website, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
- You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Macno representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
- You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
- You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Macno representative.
- Registered users may place orders for Goods, which Macno may accept or reject. Whether or not Macno accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Macno for the Goods.
- NOTE: Macno will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Macno come into effect (the “Sale”). This is regardless of any communication from Macno stating that your order or payment has been confirmed. Macno will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
- Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy set out in clause 3 above.
- Placing Goods in a shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Macno liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
- You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. Macno will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Macno will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
- Certain Goods may not be purchased for re-sale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.
- We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
- For goods sold, payment may be made for Goods via the following methods (depending on its availability and/or your eligibility to use such a method) –
- debit card; where payment is made by debit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the debit card supplied for purposes of paying the Goods. You also warrant that your debit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
- credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
- direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 2 (two) days of placing your order. Macno will not accept your order if payment has not been received;
- Instant EFT;
- You may contact us via email to obtain a full record of your payment. We will also send you email communications about your order and payment.
- Once you have selected your payment method (save for direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
- Macno offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
- courier; or
- Our delivery charges are subject to change at any time, without prior notice to you. You will see the applicable delivery charges in your cart when you check out.
- Where it accepts your order, Macno will deliver the Goods to you as soon as reasonably possible, but no later than 14 (fourteen) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
- Macno’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Macno is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
- We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
- Macno may from time to time make physical or electronic gift vouchers (“Gift Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of Macno Goods. Gift Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended.
- Coupons are issued in Macno’s sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorised manner). Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
- As a general rule, and unless specified otherwise on the specific Coupon itself:
- each Coupon can only be used once;
- only one Coupon can be used per order;
- only one Coupon can be used on the Website per person per promotion/campaign;
- a Coupon must be used at check-out – it cannot be used later on existing orders; and
- the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
- Coupons cannot be used to buy Gift Vouchers or other Coupons, and cannot be exchanged or refunded for cash or credit. Macno is not responsible for any harm due to the loss, unauthorised use or distribution of a Coupon.
- If for any reason a Coupon does not reflect on the final amount due from you at check-out, you can contact us by email to firstname.lastname@example.org to confirm if the Coupon is still valid. If Macno confirms that the Coupon is still valid and you have already placed your order, you can choose whether to cancel the order and place it again with the Coupon, or you can use the Coupon on your next order within the limitations of the specific Coupon’s terms and conditions.
- You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by Macno, before you are able to use a Coupon.
- From time to time, we may offer certain Goods at discounted prices (“deal price”). These will be subject to certain conditions (as set out in these Terms and/or the Website), which define the scope of the Deal. If you buy a product within the scope of a Deal, you will pay the discounted price for that product (the “Deal Price”).
- However, if you buy a product in a manner that falls outside of the scope of a Deal, then you will pay the then current (non-Deal) selling price on the Website (the “Normal Price”), for each product that falls outside the scope of the Deal.
- Macno may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
- Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
- The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Macno, its advertisers and/or sponsors and/or is licensed to Macno.
- You will not acquire any right, title or interest in or to the Website or the Website Content.
- Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us via email@example.com.
- Where any of the Website Content has been licensed to Macno or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
- Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
- Any views or statements made or expressed on the Website are not necessarily the views of Macno, its directors, employees and/or agents.
- In addition to the disclaimers contained elsewhere in these Terms and Conditions, Macno also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or willful misconduct of Macno, its employees, agents or authorised representatives. Macno thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
- This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Macno is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
- Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
- Macno cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or willful misconduct of Macno, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way sending an e-mail to –firstname.lastname@example.org.
- MACNO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
- YOU HEREBY INDEMNIFY MACNO AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
- We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
- Macno may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Macno will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
- If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
- Macno is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Macno to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Macno, in whole or in part, on notice to you. Macno shall only be liable to refund monies already paid by you (see Macno’s Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
- At any time, you can choose to stop using the Website, with or without notice to Macno.
- These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
- In the event of any dispute arising between you and Macno, you hereby consent to the non-exclusive jurisdiction of the Magistrates Court of the Republic of South Africa (Johannesburg Central Magistrates Court, Gauteng) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
- Nothing in this clause 18 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
- Macno hereby selects Stand 1474, 29 Brook Crescent, Midfield, Midstream Estate, Centurion, Gauteng; as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Macno may change this address from time to time by updating these Terms and Conditions.
- You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving Macno not less than 7 days’ notice in writing.
- Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –
- by hand will be deemed to have been received on the date of delivery;
- by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
- by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
- We are a participant under the Consumer Goods and Services Industry Code and are bound by it. An electronic copy of this Code is available at http://www.cgso.org.za/downloads/. If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us at email@example.com or you can contact our offices on 060-692-6770.
- If we don’t resolve your complaint within 15 (fifteen) business days of you having notified us of it, you are entitled to approach the Consumer Goods and Services Ombud (“CGSO”), to assist in resolving the dispute. The CGSO’s contact details are: Website: http://www.cgso.org.za/ Sharecall: 0860 000 272 Email: firstname.lastname@example.org
- For the purposes of the ECT Act, Macno’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
- Full name: Macno Aesthetic Solutions (Pty) Ltd, a private company registered in South Africa with registration number 2019/546730/07.
- Main business: Manufacturer and distributor of products.
- Physical address for receipt of legal service (also postal and street address): Stand 1474, 29 Brook Crescent, Midfield, Midstream Estate, Centurion, Gauteng (marked for attention: Izette Maschke)
- Office bearers: Izette Maschke
- Phone number: 060-692-6770
- Email address: Izette@macno.co.za
- Macno may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
- You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
- Any failure on the part of you or Macno to enforce any right in terms hereof shall not constitute a waiver of that right.
- If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
- No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
- No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
Affiliate Programme Terms and Conditions.
Macno Aesthetic Solutions (Pty) Ltd owns and operates a website at www.lipogonlabseries.co.za where consumers can purchase Lipogon Lab Series products online.
The Lipogon Lab Series Online Affiliate Partner Program (the “Program”) is a program under which participating stockists and retailers of Lipogon Lab Series can participate in the Online Sales of Lipogon Lab Series products, by promoting our Website to its customers and/or visitors of its own websites as an Affiliate.
The purpose of the Program is to permit you to earn a percentage of sales of relevant products sold through our Website, and to earn a percentage of sales generated through leads from your website, Facebook page or other digital marketing platforms!
An Online Affiliate Partner will earn 50% of the Instore Commission Value when a referral, which results in a purchase on the Lipogon Lab Series Website, comes through your Unique Link;
(50% of the Instore Commission Value. i.e. 50% of the usual product profit margin when sold directly from your clinic/salon/aesthetic practice)
Where an Online Affiliate Partner promotes on any medium other than digital, the Lipogon Lab Series Online Affiliate Partner will earn 50% of the Instore Commission Value
(50% of the Instore Commission Value. i.e. 50% of the usual product profit margin when sold directly from your clinic/salon/aesthetic practice)
- Qualification as a Lipogon Lab Series online Affiliate Partner
1.1. To qualify as a Lipogon Lab Series Online Affiliate Partner the following criteria is required to be met:
1.1.1. You must be an existing, authorised stockist of Lipogon Lab Series;
1.1.2. You have signed the updated electronically accepted Lipogon Lab Series Standard Terms and Conditions on the web portal;
1.1.3. You are qualified to provide a Lipogon Lab Series consultation;
1.1.4. You are required to uphold the brand standard and representation within clinic/salon/store;
1.1.5. Your therapists have attended Lipogon Lab Series training within the last 12 (twelve) months;
1.2. You have submitted an application via our website to become an Affiliate and the application has been approved;
1.3. The email address/es supplied by you has to be the email address you register your Affiliate with;
1.4. If you are applying on behalf of a corporate entity (like a private company), you need to supply the registration details, VAT number (if registered) and contact details, as well as the relevant website details, and state that you have the legal authority to act on behalf of the corporate entity;
1.5. We may reject your application, and do not have any obligation to supply any reason for the rejection;
1.6. You are required to ensure that your email address/es and other contact information associated with your Affiliation are always up to date;
1.7. We may send notifications and other communications to your email address/es of record, and you will be deemed to have received all notifications, and product-related information sent to your email address of record.
- COMMISSION SCHEDULE:
2.1. Referral commission through own website
2.1.1. Where an Approved Online Affiliate Partner Program Member promotes Lipogon Lab Series on a non-selling website or social media site, the Online Affiliate Partner will earn :
50% of the Instore Commission Value (related to the usual product profit margin when sold directly from your clinic/salon/aesthetic practice) when a referral, which results in a purchase on the Lipogon Lab Series Website, comes through your Specific Link;
2.2. Referral commission without a digital presence
2.2.1. Once an Approved Online Affiliate Partner Program Member is registered, a unique URL will be generated, which can then be used in promotional and marketing material.
2.2.2. Where an Approved Online Affiliate Partner Program Member promotes on any medium other than digital, the Lipogon Lab Series Online Affiliate Partner will earn :
50% of the Instore Commission Value (related to the usual product profit margin when sold directly from your clinic/salon/aesthetic practice) commission when a referral through your Lipogon Lab Series Online Affiliate Partner URL results in a purchase on the Lipogon Lab Series Website.
2.2.3. For instance, the Approved Online Affiliate Partner Program Member can print this URL on treatment menus, loyalty cards or invitations to events. Lipogon Lab Series Online Affiliate Partner Users must use the unique URL when making a purchase through the Lipogon Lab Series Website.
2.3. All commission due and owing will be based on purchases made by the user, excluding VAT.
2.4. All commission due and owing will be in the form of a Store Credit processed on your Macno Aesthetic Solutions Pty Ltd account. This will be processed weekly.
2.5. Login to the back end portal is required in order to request a credit .
- ORDER PROCESSING:
3.1. We will process Product orders placed by Users who follow Specific Links from your site to the Lipogon Lab Series Website.
3.2. We reserve the right to reject orders that do not comply with any requirements on the Lipogon Lab Series Website, as updated from time to time.
3.3. We will track Purchases for reporting and Store Credit purposes.
- POLICIES AND PRICING:
4.1. As between you and us, all pricing, terms of sale, rules, policies, and operating procedures concerning customer orders, customer service, product sales and product returns set forth on the Lipogon Lab Series Website will apply to all customers, and we reserve the right to change them at any time.
- THE T’s & C’s and MORE INFORMATION
5.1. These Terms and Conditions set out the terms and conditions of your participation in the Program. No other sale of Lipogon Lab Series Products in an online environment shall be permitted other than in terms of the Program.
5.2 In these terms and conditions:
5.2.1. All references to “Lipogon Lab Series” shall mean a reference to Macno Aesthetic Solutions (Pty) Ltd (2019/546730/07) and vice versa;
5.2.2. “You” or “your” means the Lipogon Lab Series Online Affiliation Partnership Applicant and/or Partner, as the case may be;
5.2.3. “your website” or “your site” means any site and software application that you own or operate and link to the Lipogon Lab Series E-commerce and Lipogon Lab Series Online Affiliate Partner Platform;
5.2.4. “our Website” or “our Site” means the Lipogon Lab Series E-commerce website at www.lipogonlabseries.co.za;
5.2.5. “our Platform” means the Lipogon Lab Series Application Platform (LAP), which manages the Program;
5.2.6. “We,” “us,” or “our” means Lipogon Lab Series;
5.2.7. “User” means visitors to your website or to our website or Lipogon Lab Series account holders, as the context may indicate;
5.2.8. “products” mean any Lipogon Lab Series products listed or sold on our website;
5.2.9. “Content” means any product, product information, advertising and marketing material, trademark, brand, copyright, other intellectual property, domain name, Lipogon Lab Series Online Affiliate Partner URL, data, images, text, links, applications and other linking tools, and any other information;
5.2.10. “Stockist” or “Retailer” means any authorised retailer of Lipogon Lab Series products that has signed the Retailer Standard Terms and Conditions with Macno Aesthetic Solutions;
5.3. The Lipogon Lab Series Online Affiliate Program Terms and Conditions embodied in this document should be read in conjunction with the standard Consumer Terms and Conditions appearing on the Lipogon Lab Series Website, as well as the Lipogon Lab Series Retailer Standard Terms and Conditions.
- CONFIDENTIAL INFORMATION:
6.1. “Confidential Information” includes all information, data, materials and knowledge which may be disclosed by Lipogon Lab Series to the Lipogon Lab Series Online Affiliate Partner in confidence, or which the Lipogon Lab Series Online Affiliate Partner may learn about, concerning the products, Lipogon Lab Series, or Lipogon Lab Series Online Affiliate Partner and should reasonably understand to be confidential.
6.2. Confidential Information includes, without limitation:
6.2.1. Any information which concerns the formulae, ingredients, source of ingredients, recipes, specifications, manufacturing processes, or cost data for the manufacture and production of the Products;
6.2.2. Performance and market testing of the Products;
6.2.3. Company’s business plans;
6.2.4. Wholesale or unpublished price lists of the Products;
6.2.5. Knowledge of the sales, profit performance or other results of operations of Macno Aesthetic Solutions, including financial results;
6.2.6. Results of customer and market surveys;
6.2.7. Knowledge of supply relationships;
6.2.8. Training manuals;
6.2.9. This Agreement.
7.1. Only people and entities residing within the borders of South Africa may participate in the Lipogon Lab Series Online Affiliate Partner Program.
- SCRIPTS AND LINKS ON YOUR WEBSITE:
6.1. As a Lipogon Lab Series Online Affiliate Partner, you may be required to display Specific Links and include Specific Scripts on your website
6.2. Specific Links permit the display of specific products
6.3. Specific Scripts ensure accurate tracking, reporting, and accrual of Lipogon Lab Series Online Affiliate Partner commission
- PROGRAM REQUIREMENTS:
8.1. By becoming a Lipogon Lab Series Online Affiliate Partner, you agree to comply with the Terms and Conditions set out in this Agreement.
8.2. In addition to any other rights or remedies available to us, we may terminate this Agreement, at any time.
8.3. In addition, you consent to us:
8.3.1. Sending you emails from time to time;
8.3.2. Monitoring, recording, using, and disclosing information about your site and visitors to your site that we obtain in connection with your display of Specific Links and Specific Scripts.
9.1. Macno Aesthetic Solutions is required to take all reasonable steps to protect your personal information.
9.2. For the ends of this clause, “”personal information”” is defined according to the details in the Promotion of Access to Information Act, number 2 of 2000 (PAIA).
9.3. Lipogon Lab Series is authorised to gather, store and use the following information relating to your business or your therapist’s:
9.3.1. Name and surname
9.3.2. Date of birth
9.3.4. Physical address of your store
9.3.5. Non-personal click patterns
9.3.6. Email address
9.3.7. Telephone number of your store
9.3.8. IP address, and
9.3.9. ID or passport number
9.4. The purposes for which we will use all information provided in terms of the Program are as follows:
9.4.1. To greet and welcome you when you access the Website;
9.4.2. To inform you (if you have agreed to this) of facts regarding your access and use of the Website;
9.4.3. To inform you (if you have agreed to this) of competitions and promotions offered by Lipogon Lab Series;
9.4.4. To set up non-personal statistics about internet habits, click patterns and access to the Website;
9.4.5. To verify your Affiliate identity when the User makes a transaction through www.lipogonlabseries.co.za;
9.4.6. To put you (if you have agreed to this) in contact with Users;
9.6. You can choose to not receive any direct marketing information from Lipogon Lab Series.
9.7. Lipogon Lab Series is entitled to gather, store, compile and share any information gained from you, subject to the following conditions:
9.7.1. Lipogon Lab Series may not make any of your personal details public unless you have agreed to it, or unless it is required for the purposes of any judicial process;
9.7.2. Lipogon Lab Series may compile, use and share any information that has no bearing on any particular individual, and Lipogon Lab Series owns and reserves the right to non-personal statistical information gathered and complied by Lipogon Lab Series.
10.1. Lipogon Lab Series may also release printed or digital vouchers and/or promotion codes and/or coupons (“vouchers”), from time to time, that will be redeemable against purchases in your store.
10.2. Any such vouchers may only be redeemed in store and only for as long as they are valid.
10.3. Any purchases and transactions made with any Affiliate remains strictly between the User and the Affiliate, irrespective of whether a voucher obtained from Lipogon Lab Series is used or not.
- CONTENT AND LIMITED LICENSES:
11.1. Upon acceptance of your Program application, we grant you a limited, revocable, non-transferable, non-exclusive, royalty-free license to:
11.1.1. Use, copy and display the Content, including the Lipogon Lab Series trademarks and associated texts, solely for the purpose of describing your affiliate status and linking to the Website in order to assist in generating sales of Lipogon Lab Series Website Products, and only on sites owned and operated by you, the Lipogon Lab Series Online Affiliate Partner;
11.1.2. Only make use of our Content that we make available to you.
11.2. You may not:
11.2.1. Use any Content if your Affiliate application has not been accepted;
11.2.2. Remove or change any elements of the Content as provided;
11.2.3. Use the Content for any purpose other than as expressly authorised in these Terms and Conditions.
11.3. By linking to the Website, Lipogon Lab Series does not sponsor nor endorse you, your websites, or your business in any way.
11.4. Upon acceptance of your Program application, you grant to us a limited, revocable, non-transferable, non-exclusive, royalty-free license to use, copy and display your domain name, website URL, trademarks and logos, purely for purposes of giving effect to the terms of this agreement.
- RESERVATION OF RIGHTS AND SUBMISSIONS:
12.1. We reserve all right, title and interest, including all intellectual property and proprietary rights, to the following:
12.1.2. Specific Links;
12.1.3. Specific Scripts;
12.1.4. Link Formats;
12.1.6. Any domain name owned or operated by us or our Affiliate Partners;
12.1.7. Operational Documentation;
12.1.8. Our and our Affiliate Partners’ trademarks and logos (including the Lipogon Lab Series Collateral);
12.1.9. Any other intellectual property and technology that we provide or use in connection with the Program (including any application program interfaces, software development kits, libraries, sample code, and related materials).
12.2. You are not permitted to purchase search engine key words or domain names which contain, but not limited to, the following words:
12.2.1. Lipogon Lab Series;
12.2.2. Lipogon Lab Series South Africa;
12.2.7. Complete Range ;
12.2.8. Xtreme Range.
- COMPLIANCE WITH LAWS AND REGULATIONS:
13.1. In order to qualify for the Lipogon Lab Series Online Affiliate Partner program, and to retain membership to the Lipogon Lab Series Online Affiliate Partner Program, you are required to comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority that has jurisdiction over you, including laws that govern marketing email (including, but not limited to the Electronic Communications and Transactions Act, 2002, Consumer Protection Act, 2008 and the Protection of Personal Information [POPI) Act, 2013)
- TERM AND TERMINATION:
14.1. The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either you or us in accordance with Clause 16.2 below.
14.2. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party 7 days written notice of termination, via email, to the address specified in this agreement or your application form, as the case may be.
14.3. Upon termination of this Agreement:
14.3.1. You shall, unless otherwise authorised by Lipogon Lab Series in writing, cease all further use of all Content and remove any references and links to the Website, in whatever manner, which you might have previously been authorised to use in terms of this Agreement;
14.3.2. Your affiliate status will be de-activated and you will no longer be recognised as being the source of any Website sales, irrespective of whether or not you physically remove any links to the Website;
14.3.3. Lipogon Lab Series will credit your Macno Aesthetic Solutions account with any Commission still due to you under this Agreement;
14.4. Notwithstanding any of the above, your existing Lipogon Lab Series Terms and Conditions as Retailer will remain in force, together with all rights and obligations under those terms, unless expressly terminated in accordance with the provisions set out in those separate Retailer Terms and Conditions.
15.1. We may modify any of the terms and conditions contained in this Agreement (and any Operational Documentation) at any time, and in our sole discretion, by sending such a notice to you via email.
15.2. You will be responsible for reviewing such changes and ensuring that same are acceptable to you.
15.3. If any modification is unacceptable to you, your only recourse is to terminate this Agreement and to stop acting as a Lipogon Lab Series Online Affiliate Partner.
15.4. By continuing to act as an Affiliate Partner, you will be bound to this Agreement, as amended.
- RELATIONSHIP OF PARTIES:
16.1. Nothing in this Agreement or the Operational Documentation will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us or our respective Affiliate Partners.
- LIMITATION OF LIABILITY:
17.1. We will not be liable for indirect, incidental, special, consequential, or exemplary damages (including any loss of revenue, profits, goodwill, use, or data) arising in connection with this the “agreement”, the program, operational documentation, the Lipogon Lab Series Website, or the service offerings.
18.1. Macno Aesthetic Solutions will not be liable to you or any third party for any loss or damages howsoever arising from this agreement.
18.2. Macno Aesthetic Solutions makes no guarantee on the availability, accuracy or completeness of the content on the Website.
18.3. Macno Aesthetic Solutions provides no guarantee that the content, or technology attached to the Website is free from errors or omissions.
18.4. Macno Aesthetic Solutions cannot guarantee that service will be 100% uninterrupted or faultless. If you experience or become aware of any malfunction or error, please ensure that this is immediately reported by email to : email@example.com
18.5. You specifically agree that Macno Aesthetic Solutions shall not be responsible for non-authorised access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the service.
18.6. Macno Aesthetic Solutions makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the service for any purpose.
18.7. Macno Aesthetic Solutions and its services are provided “as is” without warranty of any kind.
18.8. Macno Aesthetic Solutions may discontinue any service offering, or may change the nature, features, functions, scope, or operation of any service offering, at any time and from time to time.
18.9. No advice or information obtained by you from us or from any other person or entity or through the program, content, operational documentation, the Lipogon Lab Series Website, or the Lipogon Lab Series Online Affiliate Partner Program will create any warranty.
18.10. Macno Aesthetic Solutions will not be responsible for any compensation, reimbursement, or damages arising in connection with any loss of prospective profits or revenue, anticipated sales, goodwill, or other benefits, any investments, expenditures, or commitments by you in connection with this Agreement or your participation in the program, or any termination of this Agreement or your participation in the program.
18.11. Macno Aesthetic Solutions will also not be liable for any of the following:
18.11.1. Any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website and its services, or related websites or arising out of the Affiliate Partner Program;
18.11.2. Any consequence of any delay or inability to use the Website and its services or related web sites;
18.11.3. The provision of or failure to provide services to you or third parties;
18.11.4. Or for any information, software, products, services and related graphics obtained through the Website or the Program services;
18.11.5. Or otherwise arising out of the use of the Website or Program services;
18.11.6. Whether based on contract, tort, negligence, and strict liability or otherwise, even if Lipogon Lab Series, you or third parties have been advised of the possibility of damages.
19.1. Any dispute relating in any way to the Program or this Agreement will be resolved by binding arbitration, rather than in court.
19.2. Notwithstanding anything to the contrary in this Agreement, we may seek injunctive or other relief in any court of competent jurisdiction for any actual or alleged infringement of our or any other person or entity’s intellectual property or proprietary rights.
20.1. If this “Agreement” is being agreed to by a company or other legal entity, then the person acting on behalf of that company or entity hereby represents and warrants that he or she is authorised and lawfully able to bind that company or entity to this Agreement.
Lipogon Lab Series WIN Hildegardt Whites’ Favourite Products September 2021
STANDARD TERMS AND CONDITIONS
(By entering this Lipogon Lab Series WIN Hildegardt Whites’ Favourite Products, the Participant agrees to these Rules and Standard Terms & Conditions)
1. GENERAL DEFINITIONS AND RULES
- These are the standard Terms and Conditions for the Lipogon Lab Series WIN Hildegardt Whites’ Favourite Products (hereinafter referred to as “the Competition”) conducted and promoted by Macno Aesthetic Solutions PTY LTD. The competition opens on 17 September 2021 and closes on 1 October 2021 at midnight.
- Unless inconsistent with the context, an expression which denotes, any one gender includes the other gender; a natural person includes an artificial person and vice versa; the singular includes the plural and vice versa.
- The Promoter is Macno Aesthetic Solutions PTY LTD, with registered address at 29 Brook Crescent, Midstream Estate, Pretoria.
- Affiliates or Competition Sponsors includes all partners, co-promoters and/or sponsors of this competition, any subsidiaries, and respective holding companies, the subsidiaries of their holding companies, and our and their directors, officers, employees, agents, promoters and representatives.
- All participants entering this competition, including but not limited to all persons sharing in prizes where applicable, agree to this Standard Terms and Conditions to be binding for the whole duration of the competition. Any person who deviates from these Terms and Conditions or causes non-compliance with any or any part of the Terms and Conditions shall automatically be disqualified and not eligible to receive any prize or benefits arising from this Competition.
- These Terms and Conditions are applicable to all participants, winners and persons sharing in any prize/s.
- No directors, members, partners, agents, employees, promoters or consultant in the employ of Macno Aesthetic Solutions PTY LTD, any of the Competition’s Sponsors or Agencies or any of their spouses, life partners, parents or any other family members, business partner or associates will be allowed to participate in this Competition.
- All participants must be 18 years old or older (at the time of entry) to qualify for the main prizes or instant prizes.
- Proof of identity and age may be required, and any use of a false name or address will result in immediate disqualification. Prizes shall be subject to correct proof of identity.
- All entrants must keep the receipt of the purchased product and may be asked to present it to qualify for redeeming the applicable prize.
- In South Africa downloading the Extreme Body Shape Meal Plan shall be considered for entering this competition.
- Only people and entities residing within the borders of South Africa may participate in the Lipogon Lab Series Competitions.
- By entering this Competition, the participant expressly warrants that all information provided are true, correct, complete and up to date.
- No late entries shall be allowed under any circumstances or for whatsoever reasons. Refer to the deadline of this Competition above.
- The winners shall be notified via social media. In the event where a winner cannot be reached or contacted within 30 days or if the winner is unable or non-eligible to collect the prize within 60 days after such notification, the winner shall forfeit the prize and Macno Aesthetic Solutions PTY LTD reserves the right to re-draw a new winner under the same conditions.
- Prizes are not transferable and shall not be deferred, changed or exchanged for cash or any other item.
- Macno Aesthetic Solutions PTY LTD decision on any matter concerning the competition and/or arising out of these Standard Terms and Conditions is final and binding.
2. TO ENTER THE COMPETITION
- To enter the Competition, you have to download the Extreme Body Shape Meal Plan FREE between the period of 16 September 2021 and 1 October 2021. You can enter as many times as you like during this period. You will earn extra entries for the following actions taken: Visit our Instagram Page. 2) Like our Facebook Page. 3) Answer a question 4) Refer a Friend
3. THE PRIZES
The prizes to be won is 1 of 5 Lipogon Lab Series Hildegardt Whites Packs (This includes 1 x TrimFX Lipo Flush and 1 x Xtreme Slim And Glow Pure Collagen) . The winners will randomly be chosen from the entries received based on the rules of entry.
- Neither Macno Aesthetic Solutions PTY LTD, the Competition Sponsors, its employees, agents nor its representatives shall be held liable in respect of any warranty, indemnity, undertaking, obligation towards any participant and/or any other third parties, or be held liable under legislation or common law principle arising out of or in connection with the transactions hereunder, except where the same is expressly contained in this Standard Terms and Conditions.
- The responsibility to ensure that all entries are received timeously rests solely on each participant and subsequently, neither Macno Aesthetic Solutions PTY LTD, the Competition Sponsors, its employees, agents nor its representatives shall be held liable for entries received late or not at all.
- Neither Macno Aesthetic Solutions PTY LTD, the Competition Sponsors, its employees, agents nor its representatives shall be held liable for any technical malfunctions and/or problems of any telephone network, computer on-line systems, servers, or providers, computer hardware or software failure or malfunction or any combination thereof which may occur.
- Any costs or expenses which might be incurred pertaining to the claim of, use of or redeeming of any of the prizes, other than in respect of those items specifically mentioned in these Standard Terms and Conditions are for each winner’s own account.
- Neither Macno Aesthetic Solutions PTY LTD, the Competition Sponsors, its employees, agents nor its representatives shall be held liable for any costs or expenses which any winner, or winner’s partner (if applicable), incur during and for purposes of any entry into the competition and the acceptance and/or use of any prize.
- Neither Macno Aesthetic Solutions PTY LTD, the Competition Sponsors, its employees, agents nor its representatives, at any stage and in any manner, whether expressly or implicitly, make any representations or give any warranties, as to a prize, and in particular, but without limitation, make no representations and give no warranty that any entry or participation in the competition will necessarily result in winning a prize;
- A prize, or any aspect thereof, will meet your, or, if applicable, your partner’s, requirements, preferences, standards or expectations.
- Neither Macno Aesthetic Solutions PTY LTD, the Competition Sponsors, its employees, agents nor its representatives shall be held responsible for any harm, damage, loss or claim arising form or related to the provision of any element of a prize, specifically including but not limited to any changes to a prize that may occur at any time.
- In the event, if for any reason the redeeming and delivery of any of the prizes of this Competition constitutes an unlawful act, such prize shall immediately become null and void and the beneficiary shall subsequently forfeit such prize.
- All documentation required to accept and/or use any of the prizes in this competition shall be obtained at the cost of the participant and remains the responsibility of the participant in such minimum form and for such minimum period after the prize date as may be required by the relevant authorities.
- By accepting any of the prize/s, all winners consent to the publication of their names and pictures on the Lipogon Lab Series website and various social media platforms.
- All winners, by accepting any of the prize/s, agree, within reason, to endorse, promote or advertise Lipogon Lab Series products, goods and services on, amongst others, different social media platforms, without being entitled to any remuneration.
- All entries are the property of Macno Aesthetic Solutions PTY LTD and shall be captured in a database for future promotions. Participation in this competition assumes permission to be contacted by Macno Aesthetic Solutions PTY LTD.
- All participants may be required to provide additional information reasonably required in order to process and facilitate acceptance and/or use of any of the prizes.
- Macno Aesthetic Solutions PTY LTD, the Competition Sponsors, its employees, agents or its representatives accept no responsibility for any tax liabilities that arises from acceptance of the prize. Macno Aesthetic Solutions PTY LTD and their third-party suppliers, as the case may be, reserve the right to vary, postpone, suspend, or cancel the competition and/or any prizes, or any aspect thereof, without notice at any time, for any reason whatsoever. In the event of such variation, postponement, suspension or cancellation, all participants agree to waive any rights, interests and expectations pertaining to this Competition and agree to not institute any claims or legal action of any nature against Macno Aesthetic Solutions PTY LTD, the Competition Sponsors, its employees, agents or its representatives.
- Any participation in this Competition, and acceptance and/or use of any of the prizes, or any aspect thereof, is entirely at the participant’s own risk.
- Macno Aesthetic Solutions PTY LTD, the Competition Sponsors, its employees, agents or its representatives accepts no responsibility or liability, for any loss, liability, injury, expense or damage (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, which is suffered by the participation in this Competition or the acceptance and/or use by of any prize by any Winner or partner as defined above. Any participant or winner, and in the event of such person/s death, such person’s family, dependents, heirs, assignees or any other beneficiaries of such person’s estate, indemnify and hold harmless Macno Aesthetic Solutions PTY LTD, the Competition Sponsors, its employees, agents or its representatives, against any claim by such person, or his partner (if applicable), (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any injury, loss, liability, expense and/or damage which may have been suffered, howsoever arising, in relation to the entry into this Competition and/or acceptance and/or use of any of the prizes.
- The acceptance and execution of all prizes are subject to the following conditions:
- all of the terms and conditions will apply to both the winner and his partner (if applicable),
- The Winner shall that his partner agrees to be bound and complies with these Standard Terms and Conditions and all other relevant rules.
- If anyone, including a winner’s partner where applicable, fails to comply with any of these Standard Terms and Conditions, without prejudice to any other remedy at Macno Aesthetic Solutions PTY LTD disposal, –
- Such person and his partner shall automatically be disqualified, and all the prize/s be forfeited.);
- Such person and his partner shall be held liable for any losses and/or damages incurred by Macno Aesthetic Solutions PTY LTD or the Competition Sponsors directly or indirectly as a result of such noncompliance, including all legal costs on an attorney and own client scale which may be incurred pursuant of seeking any remedial action in this regard.
5. APPLICABLE LEGISLATION
These terms and conditions will be construed, interpreted and enforced in accordance with the laws of contract and dispute resolution of the Republic of South Africa.
Professional Use Only
Lipogon Lab Series Body Contouring Mesotherapy Products are availiable exclusively to trained Aesthetic Professionals