Terms and Conditions

La Vita Living Products Website Terms and conditions of use

Introduction

These terms and conditions govern your use of the La Vita Living Products website.

By using this website, you accept these terms and conditions in full.

If you disagree with these terms and conditions or any part of these terms and conditions, you may not use this website.

You must be at least 18 years of age to use this website.

By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to the La Vita Living Products’ use of cookies in accordance with the terms of La Vita Living Products’ privacy policy.

License to use website

Unless otherwise stated, La Vita Living Products and its business owners own the intellectual property rights of the website and material on the website.

Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You may not:

• Republish material from this website (including republication on another website).
• Sell, rent or sub-license material from the website.
• Show any material from the website in public.
• Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose.
• Edit or otherwise modify any material on the website.
• Redistribute material from this website [except for content specifically and expressly made available for redistribution].

Acceptable use

You may not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You may not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You may not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without La Vita Living Products’ express written consent.

You may not use this website to transmit or send unsolicited commercial communications.

You may not use this website for any purposes related to marketing without La Vita Living Products’ express written consent.

Restricted access

Access to certain areas of this website is restricted. La Vita Living Products reserves the right to restrict access to other areas of this website, or indeed this entire website, at La Vita Living Products’ discretion.

If La Vita Living Products provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

La Vita Living Products may disable your user ID and password in La Vita Living Products’ sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to La Vita Living Products a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to La Vita Living Products the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or La Vita Living Products or a third party (in each case under any applicable law).

You may not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

You may not submit any user content that suggests La Vita Living Products are intended to treat, diagnose, cure, or prevent any diseases.

La Vita Living Products reserves the right to edit or remove any material submitted to this website, or stored on La Vita Living Products’ servers, or hosted or published upon this website.

Notwithstanding La Vita Living Products’ rights under these terms and conditions in relation to user content, La Vita Living Products does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. La Vita Living Products makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, La Vita Living Products does not warrant that:

• This website will be constantly available, or available at all.
• The information on this website is complete, true, accurate or non-misleading.
• Nothing on this website constitutes, or is meant to constitute, advice of any kind.

La Vita Living Products are not intended to treat, diagnose, cure, or prevent any diseases.

Limitations of liability

La Vita Living Products will not be liable to you (whether under the law of contact or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• To the extent that the website is provided free-of-charge, for any direct loss;
• For any indirect, special or consequential loss; or
• For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if La Vita Living Products has been expressly advised of the potential loss.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you may not use this website.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify La Vita Living Products and undertake to keep La Vita Living Products indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by La Vita Living Products to a third party in settlement of a claim or dispute on the advice of La Vita Living Products’ legal advisers) incurred or suffered by La Vita Living Products arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to La Vita Living Products’ other rights under these terms and conditions, if you breach these terms and conditions in any way, La Vita Living Products may take such action as La Vita Living Products deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

La Vita Living Products may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.

Please check this page regularly to ensure you are familiar with the current version.

Assignment

La Vita Living Products may transfer, sub-contract or otherwise deal with La Vita Living Products’ rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and La Vita Living Products in relation to your use of this website and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with South African law and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of the Republic of South Africa.

Product Promotions

If you have added any specially priced promotional item to your cart but only checkout and pay after that promotion has expired, the promotional price will no longer be valid and the full price amount will be charged.

Order Payments

If you have placed an order during one month but payment for this order is only received and confirmed in the following month.

• Example: you place an order on 30 April, but your payment is only received and confirmed at the start of May - the original order will not be added to your bonus run for that previous month (April) but added to the next month's (May) bonus run.

Terms And Conditions

Detailed description of goods and/or services

La Vita Living Products is a multi-level sales company that supports independent relationships with distributors who sell health, nutritional and beauty products within retail and building distributor networks.

Delivery policy

Subject to availability and receipt of payment, requests will be processed within 5 working days and delivery confirmed by way of email including courier service waybill number.

Export restriction

Please note that the ordering of products online and delivery service via La Vita Living Products is available to those residing in South Africa only.

Return and Refunds

The provision of goods and services by La Vita Living Products is subject to availability. In cases of unavailability, La Vita Living Products will refund the customer in full within 30 days.

Cancellation of orders by the customers will include an administration fee.

Customer Privacy

La Vita Living Products shall take all reasonable steps to protect the personal information of users. For this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA).

The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.

Payment options

Payment may be made via Visa and MasterCard.

Card information acquiring and security

Card transactions will be acquired for La Vita Living Products via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks.

PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the La Vita Living Products website.

Users may go to www.paygate.co.za to view their security certificate and security policy.

Customer details separate from card details

Customer details will be stored by La Vita Living Products separately from card details which are entered by the customer on PayGate’s secure site.

For more information about the payment process using PayGate, please refer to www.paygate.co.za.

Merchant Outlet origin country and transaction currency confirmation

The La Vita Living Products website’s merchant origin is registered in South Africa.

Transaction currency is South African Rand (ZAR).

Responsibility

La Vita Living Products takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

Country of domicile

This website is governed by the laws of South Africa and La Vita Living Products chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.

Right to change without notice

La Vita Living Products may, in its sole discretion, change this agreement or any part thereof at any time without notice.

Company information

This website is run by La Vita Living Products based in South Africa trading as La Vita Trading (Pty) Ltd, with registration number 2018/274272/07 and the directorship of S.W. Chang.

Collections

• The distributor is solely responsible for arranging the collection and delivery of online orders by their chosen courier delivery service.
• The distributor is solely responsible for all courier charges/payments, when arranging their own collection and delivery of online orders.
• The distributor is solely responsible for the safe and secure delivery of all packages, when arranging their own collection of online orders.
• La Vita Living Products accepts no risk or responsibility whatsoever for the partial or total loss and/or damage of any package and its contents, once the package has been picked up from officially designated La Vita Living Products branches, via the distributor’s chosen courier delivery service.
• The distributor is solely responsible for all communication with their chosen courier delivery service, when arranging the collection and delivery of online orders.
• All packages arranged by the distributor for collection and delivery by their chosen courier service, may only be collected from La Vita Living Products Pretoria head office branch, La Vita House, 175 John St, Muckleneuk, Pretoria.
• The distributor may only arrange courier collection of their online order, once the order has been confirmed by La Vita Living Products via email and the order has been packed by the company.
• Once the order is confirmed and packed by La Vita Living Products, the distributor can then arrange collection with their chosen courier service.
• Once the distributor has arranged collection, they must upload the courier service’s waybill (shipment document and receipt) to their distributor profile on the La Vita Living Products Online Distributor Portal at www.lavitaliving.co.za, within 24 hours of the order being confirmed and packed by La Vita Living Products.
• La Vita Living Products accepts no responsibility or risk for the partial or total loss and/or damage of any package and its contents, when arranged for collection and delivery by a distributor.

App/Atp

• The applicant must be of legal age in the state/province/country in which he/she reside, i.e. 18 years of age.
• The applicant understands that he/she is not compensated for sponsoring other Independent Sales Representatives but earns compensation solely on the sale of products and/or services to ultimate consumers.
• The applicant is, upon acceptance, an "Independent Contractor", hereinafter the applicant, conducting business for his/her own account and not as agent, employee or franchisee for La Vita Living Products (also referred by as "The company") All Independent Sales Representatives should consult their attorney or tax consultant for information on monies earned and where received. The applicant further understands that he/she will not be treated as an employee in regard to any laws covering employees. An Independent Contractor shall be responsible for obtaining all licenses required by law in whatever state or country in which they reside, and pay all applicable fees and taxes.
• The applicant agrees that the company is not liable for city/country/state or local federal income taxes, sales taxes or other fees pertaining to sales and earnings of an Independent Sales Representative and will hold the company harmless from all the same.
• The applicant SHALL NOT promote or sell other companies' sales programs, products or the company functions on websites where La Vita is mentioned, or use the La Vita forms or printed materials or its name, prestige, or drawing power in conjunction with or in support of any other activities.
• Independent Sales Representative shall not sponsor or attempt to sponsor another Company Independent Sales Representative in to another Direct Sales and/or Network Marketing Company. In addition, no Independent Sales Representatives shall participate in any action that causes an Independent Sales Representative to be sponsored through someone else into another company.
• Independent sales Representative will make no claims as to income potential either written or oral except those prepared by the company for illustration purposes only.
• Independent Sales Representative will not make any claims of any kind pertaining to the benefits of the company's products and services except those given in official company promotional media. When presenting the Company program to others, Independent Sales Representative shall present the program in its entirety, without commission, distortion or misrepresentation.
• The Company will retain full authority to accept or reject any Application or any order of products. Such refusal is solely within the discretion of the Company. No right of action against the Company will arise because of any such acceptance refusal.
• In the event that any cheque (monies) by any method is returned unpaid. I authorize the company to debit my account for the face amount plus up to 10% failed payment-processing fee. If said amount remains unpaid, I understand that I could lose my current status and that until my account is brought forward. I would forfeit certain rights and privilegesm including commission.
• As an Independent Contractor, Independent Sales Representative is aware of the contractual obligations that occur when he/she purchases products or services from the company Independent Sales Representative understands that he/she maintains a greater responsibility when ordering on a credit card account as an informed Independent Sales Representative than when ordering as a customer. Independent Sales Representative therefore waives the right of cancellation or refund on any order placed on his/her credit card account(s) except directly through the company. Any order returns, refunds or exchanges shall be done through the company and not through any credit card company.
• The company will pay Independent Sales Representatives commission and bonuses on orders received and accepted for sale of products to the ultimate consumer (not sales aids) made by Independent Sales Representatives and his/her sales organization under the terms of Compensation Plan.
• The company reserves the right to amend, revise, institute, alter or modify changes including but not limited to prices, literature, policies, this Agreement and the Compensation Plan. Any such revision become effective by email, letter(s) or by publication in official company literature or posted to Independent Sales Representatives at his/her last known address. Independent Sales Representative agrees to be bound by these changes. Changes will become part of the agreement upon notification. The Distributor Compensation Plan and Policies and Procedures, and all modifications thereafter, are incorporated into and are part of this agreement.
• The company shall not be responsible for acts beyond its control, including but not limited to; fire, flood, earthquake, storms, power outages, labor difficulty, equipment failure, supplier problems, or other difficulties that might prevent performance according to this agreement.
• The company assumes no liability for personal injury arising from use or mishandling of any the company's product(s).
• The company does not require Independent Sales Representative to sponsor and does not require any fee, charge or initial product purchase to be an Independent Sales Representative.
• The company reserves the right to terminate this agreement immediately upon receipt of sufficient information that Independent Sales Representative has violated any terms or condition of this agreement or has otherwise acted illegally or unethically.
• The company will honor refund policies provided by any government law applicable to Independent Sales Representative.

La Vita Living Products contact details

Company Physical Address:

175 John St, Muckleneuk, Pretoria, 0002

Email: info@lvlp.co.za

Telephone: 012 343 0110

For more information on the terms of use of La Vita Living Products and its website and other online properties, please contact La Vita Living Products by email at info@lvlp.co.za

I hereby acknowledge and accept all of the terms and conditions stated under La Vita Living Products distributors arranging their own courier service to collect and deliver the online orders. La Vita Living Products accepts no responsibility or risk for the partial or total loss and/or damage of any package and its contents, when arranged for collection and delivery by a distributor. There must be a link that can take them to the full content of the terms and condition in confirmation email.