Terms of service

Welcome to Habitat Depot. The following are our terms and conditions:

1. General Terms and Conditions

The www.justhealth.co.za website is owned and operated by JUST Health ("Just Health", "we", "us" or "our"), a company registered in the Republic of South Africa. The Website is provided to you free of charge for your personal use subject to these Terms and Conditions and our Privacy Policy. All rights and/or defences afforded to us in these Terms shall stand to the benefit of our group companies.

1.1   How our Terms and Conditions apply to you

These Terms and Conditions apply to your use of these Websites. By using these Websites, you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them. They represent our entire agreement with you and supersede all prior terms, conditions, warranties and/or representations to the extent permitted by law. By accessing these Websites and/or placing an order or requesting a delivery you agree to be bound by the Terms and Conditions set out below. Please do not use our Websites if you do not agree to be bound by these Terms. Online purchases from our Websites are subject to these Terms and Conditions.
Any questions regarding these Terms and Conditions or subsequent issues should be directed to: Habitat Depot, email address info@habitatdepot.co.za. Alternatively you may also contact us here. Please read these Terms and Conditions carefully and print and keep a copy of them for your reference.

1.2   Updates, amendments and changes to our Terms

We may periodically update or change the Terms and Conditions without notice. You should check them from time to time, as your continued use of our Websites will mean you accept any updated or revised Terms and Conditions. The date from which the current set of Terms and Conditions came into effect is included within the Terms and Conditions.

Do not assume that the same Terms and Conditions will apply to future orders or delivery requests. We reserve the right to:

• Modify or withdraw, temporarily or permanently, these Websites (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Websites.
• Change the Terms and Conditions from time to time, and your continued use of the Websites (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms and Conditions have been changed. If you do not agree to any change to the Terms and Conditions then you must immediately stop using the Websites.

1.3 We are governed by South African Law and Arbitration

This agreement is governed by the laws of the Republic of South Africa. Any dispute arising in relation to our agreement with you shall, to the extent permitted by law, be referred to arbitration in Harare at a venue to be determined by us applying the Uniform Rules of the High Court of South Africa.

1.4 Who supplies your goods and services

Unless stated to the contrary on these Websites, the goods and services supplied in accordance with any contract made through these Websites are supplied by Habitat Depot. As part of our delivery service we may engage the use of 3rd party delivery providers to fulfil services on our behalf. We may also sell products and services on behalf of 3rd parties, but these will be clearly indicated as such. Where no indication is given, the supplier is deemed to be "Habitat Depot".

1.5 Using our Websites

Home delivery and Collection orders placed by using these Websites, along with access to them, are granted strictly in accordance with these Terms and Conditions.

Habitat Depot has taken every care in the preparation of the content of these Websites. However, to the extent permitted by applicable law, Habitat Depot does not represent or warrant the accuracy or reliability of any of the information or content about any goods or services, software or advertisements (together, the "Materials") contained on, distributed through, or linked, downloaded or accessed from these Websites.

To the fullest extent permitted by applicable laws, Habitat Depot hereby excludes liability for any claims, losses, demands, or damages of any kind whatsoever with respect to the Websites or the Materials including, without limitation, direct, indirect, incidental, or consequential losses, or damages, whether arising from loss of profits, loss of revenue, loss of data, loss of use or otherwise and whether or not the possibility of such loss has been notified to Habitat Depot. The foregoing will apply whether such claims, loss or damages arise in tort, contract, negligence, under statute or otherwise. However, if you are a consumer your statutory rights are not affected.

You are welcome to browse or use our Websites for your own personal, non-commercial shopping and information purposes only. No other use is permitted without our prior written consent. The unauthorised use, copying, reproduction, variation, modification or distribution of the content of the Websites, the uploading of any unlawful or damaging information or viral software, is strictly prohibited.

1.6   Limitations and conditions that apply to using our Website

• Unless otherwise specified, the Websites are intended for your personal use only. You may not authorise others to use the Websites, and you are responsible for all use of the Websites by you and by those you allow to use, or provide access to, the Websites. You may not impersonate, imitate or pretend to be somebody else when using the Websites.
• You may not provide to or post on or through the Websites any graphics, text, photographs, images, video, audio or other material that constitutes junk mail, spam, advertising and/or commercial offers. You may not repeat the same posting multiple times in a day or week.
• You agree not to use any obscene, indecent, or offensive language or to provide to or post on or through the Websites any graphics, text, photographs, images, video, audio or other material that is defamatory, abusive, bullying, harassing, racist, hateful or violent. You agree to refrain from ethnic slurs, religious intolerance, homophobia and personal attacks when using the Websites.
• You agree not to use any sexually explicit language or to provide to or post on or through the Websites any graphics, text, photographs, images, video, audio or other material that is sexually explicit.
• You may not provide to or post on or through the Websites any graphics, text, photographs, images, video, audio or other material that is encrypted, invades anyone's privacy, or illustrates, references or encourages conduct that would constitute a criminal offence, give rise to criminal liability or that otherwise violates any statute or regulation. You agree to use the Websites only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
• You are responsible for ensuring that any graphics, text, photographs, images, video, audio or other material you provide to or post anywhere on the Websites does not violate the copyright, trade mark, trade secret or any other personal or proprietary rights of any third party or is provided or posted with the permission of the owner/s of such rights.
• The Websites may contain graphics, text, photographs, images, video, audio and other material that is clearly identified for your use ("Assets"). The Assets are protected by copyright, trade mark and other intellectual property laws. Nevertheless, we grant to you the limited, non-exclusive rights and license to use the Assets solely as described on the Websites, as limited by this Agreement, and provided further that you keep intact any and all copyright and other proprietary notices. This includes the "look and feel" of the Websites and the advertising thereon ("the Websites Content").
• The Websites Content is protected by copyright, trade mark and other intellectual property laws and is the property of Habitat Depot and its authorized service providers. The copying, reproduction, publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion, or other use or change by you, directly or indirectly, whether by omission or commission, of any such Websites Content, including but not limited to the removal or alteration of advertising, is strictly prohibited.
• You may not in any way make commercial or other unauthorised use, by publication, re-transmission, distribution, performance, caching or otherwise, of material obtained through the Websites except as permitted by statute or expressly permitted in writing by this Agreement or the Websites.
• You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Websites or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Websites.
• You may not interfere with any other persons use or enjoyment of the Websites.
• You may not breach any laws concerning the use of public telecommunications networks or interfere or disrupt networks or other websites connected to the Websites.
• Other than connecting to our third party service provider's servers by http requests using a Web browser, you may not attempt to gain access to our servers by any means, including, without limitation, by using administrator's passwords or by masquerading as an administrator while using the Websites or otherwise.
• You acknowledge that Habitat Depot and its third party service providers have not reviewed and do not endorse the content of all sites linked to and from these Websites, and are not responsible for the content or actions of any sites linked to or from these Websites. Linking to any service or site is at your sole risk.
• You agree to indemnify Habitat Depot against any loss, damage, harm, claim or any other cost whatsoever that we may sustain as a result of your use of our Websites and/or its contents contrary to these Terms.
• We use cookies to identify the computer device with which you connect to our Websites. We reserve the right to restrict your use and access to our Websites or part thereof in the event of any unauthorized use.
• We reserve the right to suspend our Websites or any part thereof or terminate your account at any time if we, in our sole discretion, determine that you are not using the Websites in compliance with these Terms or if we believe the information provided by you is untrue, inaccurate or incomplete.
• Any indulgence of extension of time granted to you shall not be construed as a waiver or variation of any of our rights or remedies in these Terms or law.