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Terms & Conditions

  1. Acceptance of these Terms and Conditions
    1. This website, which is accessible at www.hayahwellness.co.za (“this Website”), is made available by Hayah Wellness
      Emporium Pty Ltd trading as Hayah Wellness Emporium, registration number:
      2018/220672/07, on behalf of its affiliates, subsidiaries, holding
      companies, and partners (“the Owner”).
    2. The terms and conditions set out below,
      including any additional document incorporated by reference (“Terms
      and Conditions”), apply to any person who uses, accesses, refers to,
      or views any part of this Website (“You” or “Your”
      including cognitive terms).
    3. Subject to clause 1.5 below, these Terms and
      Conditions regulate the terms and conditions upon which You may use,
      access, refer to, or view (individually and collectively referred to as
      “Use”) this Website and the information, content, products or
      services available on or through this Website (“the Website
      Content”), whether or not the Website Content is provided by or
      belongs to the Owner, its affiliates, subsidiaries, holding companies,
      partners, third-party providers or any other party. The Website Content
      includes but is not limited to any software, icons, text, graphics,
      photographic images, sound clips, advertisements, music, video clips,
      Literary Works, Musical Works, Artistic Works, Sound Recordings,
      Cinematograph Films, Program-Carrying Signals, Published Editions,
      Computer Programs, sound and television broadcasts, ring tones, ring back
      tones, SMS tones, artwork trade names, logos, designs, trademarks and
      service marks which are displayed on or incorporated in this Website. The
      terms “Literary Works”, “Musical Works”,
      “Artistic Works”, “Sound Recordings”,
      “Cinematograph Films”, “Program-Carrying Signals”,
      “Published Editions”, and “Computer Programs” shall
      bear the meanings assigned to such terms in the Copyright Act 98 of 1978.
    4. You agree that:
      • clicking/checking the “I Agree”
        button, and/or making use of this Website signifies your agreement to
        comply with these Terms and Conditions these Terms and Conditions shall
        apply even where the Website Content is provided by or belongs to our
        clients, affiliates, subsidiaries, holding companies, partners,
        third-party providers or any other party; and
      • we may at any time amend, or impose
        additional terms and conditions relating to any service, the content,
        products, facilities or functionality which is made available by the
        Owner or the Owner’s affiliates, subsidiaries, holding companies or partners,
        by way of this Website or otherwise (“the Additional Terms and
        Conditions”). If You wish to Use these services, content, products,
        facilities or functionality, you must agree to the Additional Terms and
        Conditions as defined herein.
      • You do not require notice of the amendment
        of these terms and conditions as each time you log onto the Website you
        will conclude a new agreement with the Owner.
    5. If You do not agree to these Terms and
      Conditions, You will not be allowed to Use this Website and the Website Content
      and You must immediately delete all copies of the Website Content in Your
      possession or under Your control. This includes, but is not limited to,
      any Website Content which has been copied or cached by You.
    6. You are allowed to print a copy of these
      Terms and Conditions. If You have any difficulty printing these Terms and
      Conditions or require assistance in obtaining a hard copy or electronic
      copy of these Terms and Conditions or of the Additional Terms and Conditions,
      You should contact Hayah Wellness Emporium on email: annie@hayahwellness.co.za
  2. Scope of permitted use
    1. You may use this Website to (i) browse and
      print the Website Content, (ii) leave comments on the various blog posts,
      opinion polls and/or bulletin boards, and (iii) participate in any
      competition or promotion conducted through the Website.
    2. Subject to these Terms and Conditions and any
      Additional Terms and Conditions as defined herein, this Website and the
      Website Content may only be used by you for the purposes set out in
      paragraph 2.1 of these Terms and Conditions and for lawful personal and
      non-commercial purposes (“the Permitted Use”). The Permitted
      Use does not extend to the source code of this Website or of the source
      code of any software or computer program that forms part of the Website
      Content.
    3. In addition, you are not allowed, without the
      Owner’s prior written approval, to:
      • frame, link to, modify, distribute,
        commercialise, exploit and/or alter this Website or the Website Content;
      • incorporate any part of the Website Content
        in any other work or publication; and/or
      • perform any other act which may not be
        considered fair use. (collectively “Prohibited Acts”)
    4. These Terms and Conditions and any
      restrictions on the Use of this Website or the Website Content will also
      apply to any part of this Website or the Website Content which is cached
      when Using this Website or the Website Content.
    5. Requests for approval to perform a Prohibited
      Act must be submitted to the Website Manager. The Owner is entitled, in
      its sole discretion, to withhold or grant consent. The Owner may also
      impose any conditions on any consent which is granted.
    6. When printing the Website Content, You must
      ensure that the following copyright notice appears prominently on every
      page which is printed:
      • “Copyright Hayah Wellness Emporium Pty
        Ltd All rights reserved”.
    7. The Owner may, in its sole discretion, at any
      time and for any reason and without prior written notice, suspend or
      terminate:
      • the operation of this Website or any of the
        Website Content; or
      • Your right to Use this Website or any of the
        Website Content.
      • In agreeing to the above you acknowledge,
        understand and accept that the Owner’s conduct as aforesaid shall not be
        a breach of these Terms and Conditions at all and shall not afford you
        the right to cancel these Terms and Conditions.
    8. You may, in your sole discretion, at any time
      and for any reason and without prior written notice, suspend or
      terminate:
      • Your use of this Website or any of the
        Website Content.
    9. You may not transfer any rights granted to
      You in terms of these Terms and Conditions to any other person or entity.
    10. The Owner is allowed to grant the same,
      similar, additional or different rights to any other person or entity.
    11. You are solely responsible for obtaining and
      maintaining all facilities, services, products, and equipment which may
      be required by You for purposes of the Permitted Use.
    12. In Using the Website, You undertake to
      refrain from performing or attempting to perform any of the following
      actions or facilitating the performance or attempted performance of such
      actions by other persons:
      • any action that violates any of these Terms
        and Conditions;
      • fraud, including without limitation to its
        common law meaning, solicitation or inducement of any person to
        participate in any commercial or non-commercial activities which are in
        the nature of a financial scam, “pyramid schemes” or
        “chain letters”; and
      • violation or infringement of any
        intellectual property rights contained in clause 6 below.
  3. Limitation of liability for Use of this
    Website, the Website Content and associated Hayah Wellness Emporium digital
    platforms, including other Hayah Wellness Emporium websites and
    applications
    1. Use of this Website and the Website Content
      is entirely at Your own risk.
    2. Subject to the provisions of the Electronic
      Communications and Transactions Act, No. 25 of 2002 (“the ECT
      Act”) and the Consumer Protection Act 68 of 2008 (“the CPA
      Act”):
      1. the Owner shall not be liable towards You or any third party for
        any loss or damage, of any nature whatsoever, suffered by You as a
        result of, without limitation, Your use of this Website and the Website
        Content;
      2. You hereby indemnify and hold the Owner harmless against any
        loss, liability, expense, claim, penalty or damage whether direct,
        indirect, special or consequential arising out of Your use this Website
        Content, or any actions or transactions resulting therefrom.
      3. in addition to the general scope of clauses 3.1 and 3.2 above the
        Owner shall not be liable towards You or any third party for any loss or
        damage, of any nature whatsoever, suffered by You as a result of,
        without limitation, the unavailability, interruption, downtime,
        malfunction, or failure of this Website or the Website Content for any
        reason whatsoever.
    1. To the fullest extent allowed by law, if any
      of the limitations or exclusions of the liability of the Owner in these
      Terms and Conditions are held by any competent court, arbitrator or
      authority to be invalid or unenforceable, in no event will the total
      cumulative liability of the Owner to You exceed R1000 (one thousand
      rand).
    2. For the purposes of this clause 3 and clause
      5 below, any reference to the Owner will be considered to also include
      the employees, officers, directors, representatives, agents,
      shareholders, affiliates, subsidiaries, holding companies, advisers,
      service providers, suppliers and content providers of the Owner.
    3. The effect of clauses 3.1 to 3.4 is that in
      the event that you or a person not a party to this agreement, suffer any
      loss or damage, whether as a direct or indirect result of Your use of,
      reliance upon this Website, the Website Content or any transactions
      resulting therefrom the Owner is not legally obliged to pay You for such
      losses or damage.
  1. Exclusion of warranties and representations
    1. Any views or statements made or expressed on
      this Website are not necessarily the views of the Owner, the Owner’s
      affiliates, subsidiaries, holding companies, partners, directors,
      employees, officers, servants and/or agents.
    2. This Website and the Website Content is
      provided “as is” and is subject to change without notice.
    3. The use of this Website is granted by the
      Owner to You free of charge and for no consideration. Therefore, Section
      56 of the Consumer Protection Act 68 of 2008 (“the CP Act”)
      does not apply to these Terms and Conditions, to the extent that there is
      no implied warranty that this Website and the Website Content complies
      with the requirements and standards contemplated in Section 55 of the CP
      Act.
    4. Subject to the provisions of the ECT Act, this
      Website and the Website Content is provided without any representation or
      warranty whatsoever, whether express, implied or statutory. This includes
      but is not limited to any representation or warranty as to the operation,
      integrity, compatibility, availability or functionality of this Website
      or as to the operation, accuracy, completeness, integrity, compatibility,
      availability, functionality or reliability of the Website Content.
    5. The Owner also makes no warranty or
      representation, whether express or implied, that the Website Content is
      free of 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 of a computer system,
      computer network, any handset or mobile device, or Your hardware or
      software. 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.
    6. The Owner does not accept any responsibility
      for any errors or omissions on this Website or the Website Content.
    7. You must not rely on any warranty or
      representation, which allegedly induced You to agree to these Terms and
      Conditions, unless the representation or warranty is recorded in these
      Terms and Conditions.
    8. This Website and the Website Content is not
      intended to, and does not, constitute advice or a recommendation of any
      nature at all in respect of, but not limited to, any entity, institution,
      investment, service or product.
    9. You must not enter into any transactions,
      make any investments, make decisions of any nature, including, without
      limitation, any purchases or any financial or commercial decisions, or
      incur any loss or liability based partly or wholly on the Website Content.
      You should always obtain independent expert advice prior to making any
      financial, commercial or other decisions.
    10. To the extent that the Website Content
      contains any information related to any stock exchanges, financial
      markets, financial products, securities, derivatives, units, funds,
      currencies and/or exchange rates, You acknowledge that this information
      may not be accurate or complete. You further acknowledge that any
      assessment or reflection of the performance of any security, unit, fund,
      product, stock exchange, derivative or financial market does not mean
      that such performance will be repeated or should be relied upon in any
      way.
    11. The effect of clauses 4.1 to 4.10 is that You
      agree that the Owner has not made the representations and warranties
      listed therein, and therefore you did not accept these Terms and
      Conditions based upon any such representation or warranty. Therefore, You
      agree that the Owner shall not be liable for any loss or damage You
      allegedly suffer as a result of such a representation or warranty.
  2. References and links to and from other
    websites, products and services
    1. This Website may contain references or links
      to other websites (“Other Websites”) and to the products,
      opinions or services of third parties. These references or links are not
      intended to be, and should not be interpreted as an endorsement,
      recommendation, or affiliation to these Other Websites or the opinions,
      products, services of third parties. Your use of Other Websites or the
      products or services of third parties will be entirely at Your own risk.
    2. Subject to the provisions of the ECT Act and
      the CP Act, the Owner shall not be liable for any loss, liability,
      expense, claim, penalty or damage, whether direct, indirect, special or
      consequential, arising from or related to the reliance on, use or
      attempted use of Other Websites or the opinions, products or services of
      third parties.
    3. You may not make (and You may not allow any
      third party to make) any reference to the Owner, this Website or the
      Website Content, whether by way of a link or otherwise, where the
      reference could in any way be interpreted as an endorsement, affiliation,
      or recommendation by the Owner in relation to You or a third party, or of
      Your services, products, opinions or conduct or those of a third party.
  3. Intellectual Property
    1. The Website Content, including (without
      limitation) any software, icons, text, links, graphics, photographic
      images, sound clips, music, ring tones, ring back tones, SMS tones, video
      clips, artwork, Literary Works, Musical Works, Artistic Works, Sound
      Recordings, Cinematograph Films, Program-Carrying Signals, Published
      Editions, Computer Programs, sound and television broadcasts, trade
      names, logos, trademarks and service marks (collectively, the
      “Products”) are protected by law, including but not limited to
      copyright, patent and trade mark law, and are the property of the Owner
      and/or our licensors. Any unauthorised Use of the Website Content is
      prohibited.
    2. Subject to clause 2 above, You will not
      acquire any right, title or interest in or to this Website or the Website
      Content other than those rights expressly granted to You in these Terms
      and Conditions. Your rights of Use are subject to these Terms and
      Conditions.
    3. Where any of the Website Content has been
      licensed to the Owner 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.
  4. Your behaviour when Using this Website
    1. You may not Use this Website to obtain or
      distribute:
      • copyrighted material or material protected
        by laws relating to intellectual property rights without the permission
        of the Owner;
      • material containing viruses or any other
        destructive materials or data or code which is able to corrupt,
        interfere with, jeopardise, disrupt, disable, harm or otherwise impede
        in any manner the operation of a computer system or hardware or
        software;
      • material which is defamatory, unlawful or
        contains hate speech; or
      • bulk e-mail, whether solicited or
        unsolicited.
    1. You must not interfere with or jeopardise the
      functionality or the operation of any part of this Website or attempt to
      interfere with or jeopardise, disrupt, disable, harm or otherwise impede
      in any manner the functionality or operation of any part of this Website.
    2. You are strictly prohibited from Using this
      Website for “spoofing”, “hacking”,
      “flaming”, “cracking”, “phishing” or
      “spamming” or any other activity designed or aimed at achieving
      purposes similar or the same as the aforementioned acts.
    3. You may not intercept any information
      transmitted to or from the Owner or this Website which is not intended by
      the Owner to be received by You.
    4. You must respect other users of this Website
      at all times.
    5. You must not:
      • post, transmit or otherwise make available,
        through or in connection with the Website anything that is or may be
        threatening, harassing, degrading, fraudulent, wrongful, obscene,
        indecent or otherwise objectionable;
      • harvest or collect personally identifiable
        information about other users of the Website;
      • restrict or inhibit any other person from
        using the Website (including hacking or defacing any portion of the
        Website;
      • use the Website to advertise or offer to
        sell or buy any goods or services without the Owner’s express written
        consent; *reproduce, duplicate, copy, sell, resell or otherwise exploit
        for any commercial purposes, any portion of, or access to the Website;
        and
      • create a database by systematically
        downloading and storing all or any Website Content.
  1. Registration
    1. You may be required to register with the
      Owner in order to access certain (i) services offered by the Owner, or
      (ii) areas of the Website. With respect to such registration:
      • we may refuse to grant you, and you may not
        use, (i) a user name (or email address) that is already being used by
        someone else; (ii) that may be construed as impersonating another
        person; (iii) that may belong to another person; (iv) that violates the
        intellectual property or other rights of any person; (v) that is
        offensive or (vi) that we reject for any other reason in our sole
        discretion.
      • Your username and password are for your
        personal use and not for use by any other person. You are responsible
        for maintaining the confidentiality of any password you may use to
        access the Website, and agree not to transfer your password or user
        name, or lend or otherwise transfer your Use of or access to the
        Website, to any third party. You are fully responsible for all
        interaction with the Website that occurs in connection with your password
        or user name. You agree to immediately notify the Owner of any
        unauthorised use of Your password or user name or any other breach of
        security related to Your account or the Website, and to ensure that You
        “log off”/exit from Your account with the Website (if
        applicable) at the end of each session. The Owner shall not be liable
        for any loss or damage arising from Your failure to comply with any of
        the foregoing obligations.
  2. Variation of certain deeming provisions in the
    ECT Act
    1. By Using this Website, You agree that these
      Terms and Conditions create a binding agreement between the Owner and
      You, even though these Terms and Conditions are wholly or partly in the
      form of a data message. You agree specifically that:
      • the agreement will be treated as if it was
        concluded at the Owner’s physical address detailed in clause 16.1 below
        on the date on which You first made any Use of this Website;
      • an electronic signature is not required by
        You or the Owner for purposes of agreeing to these Terms and Conditions.
        You agree that by Using this Website or the Website Content this will be
        sufficient evidence of Your agreement to these Terms and Conditions;
      • any data message sent by You to the Owner
        will be deemed to have been sent from the Owner’s physical address
        detailed in clause 16.1 below if neither Your usual place of business
        nor residence is located within the Republic of South Africa;
      • any data message sent by the Owner to You
        will be deemed to have been received by You at the Owner’s physical
        address detailed in clause 16.1 below if neither Your usual place of
        business nor residence is located within the Republic of South Africa;
      • any communication sent to You by an
        information system programmed to operate automatically on behalf of the
        Owner will not be a data message attributable to the Owner or authorised
        by the Owner;
      • subject to clause 9.1.5 above and clause 16
        below of these Terms and Conditions, a data message sent by You to the
        Owner will only be treated as having been received by the Owner when
        same is received in the Owner’s server; and
      • this agreement will be interpreted and
        implemented in accordance with the laws of the Republic of South Africa
        and You agree to the jurisdiction of the courts of the Republic of South
        Africa.
  3. Competition Rules
    1. The following rules shall apply to all
      competitions conducted through the Website (“the
      Competitions”), unless other rules are specifically provided in
      relation to a competition:
      • the Competitions are only open to persons
        who are (i) natural persons, (ii) 18 years or older, and (iii) either
        South African citizens or permanently resident in South Africa;
      • all employees, directors, members, partners
        or agents of the Owner and/or its affiliated and associated companies,
        are not eligible to participate in the Competitions;
      • participation in the Competitions and any
        prizes redeemed are subject to these Terms and Conditions, which will be
        interpreted by the Owner in accordance with the contents hereof;
      • the Owners reserve the right to amend these
        Terms and Conditions at any time, without notice. The Owners will not be
        required to provide any reasons for any alteration or amendment of these
        Terms and Conditions;
      • the Owners shall not be liable to You or any
        third parties for any loss or damage, of any nature whatsoever,
        allegedly suffered by You as a result of your participation in any of
        the Competitions;
      • all information, rules or conditions
        relating to the Competitions, published in any publication or in any
        promotional or advertising material in any media, will form part of
        these Terms and Conditions;
      • any prizes redeemed pursuant to the
        Competitions are not transferable and/or negotiable;
      • in the event of a dispute, the decision of
        the Owner will be final and binding in all aspects of the Competitions,
        and no correspondence will be entered into;
      • You hereby indemnify the Owner, its
        associated companies, advertising and promotion agencies, and its
        directors, officers, employees and agents, against any and all claims
        for any loss or damages, whether direct, indirect, consequential or
        otherwise, arising from any cause whatsoever in connection with Your
        participation in any of the Competitions.
      • Your attention is drawn to the Owner’s
        Privacy Policy, the contents of which form part of these Terms and
        Conditions of Use.
  4. The blog posts and opinion polls
    1. Blog posts, opinion polls and bulletin boards
      may, from time to time, be made available on the Website.
    2. By You posting or publishing any content or
      comment on the blog posts, opinion polls and/or bulletin boards, You:
      • grant to the Owner a non-exclusive,
        transferable, sub-licensable, royalty free, irrevocable, world-wide
        licence to use, publish, disseminate, distribute, reproduce, adapt,
        and/or sub-licence such content on the Website and/or to any of its
        affiliated publications and/or websites and to use the content for,
        amongst others, its promotional, marketing and research purposes;
      • acknowledge and agree that while the Owner
        is unable to review all content posted in the blog posts, opinion polls
        and bulletin boards, it reserves the right, in its sole discretion, to
        delete, edit or relocate any such content for any reason;
      • acknowledge that should You disclose Your
        personal information in any of the comments posted by You, Your personal
        information may be viewed, collected and/or used by any other party
        Using the Website. In such circumstances, You agree that the Owner shall
        not be obliged to protect Your personal information or any other
        interest in law or otherwise, and You indemnify the Owner from any loss
        (whether direct, indirect or consequential) You may suffer as a result
        of any party being privy to Your personal information;
      • agree that You may use the blog posts,
        opinion polls and/or bulletin boards only for personal non-commercial
        purposes.
    3. You further agree not to post or publicise:
      • any content which may be considered, amongst
        others, abusive, obscene, defamatory, pornographic or illegal;
      • off-topic content, or the same content in
        multiple blog posts;
      • any graphics, audio or JavaScript files; and
      • any content that may, in the opinion of the
        Owner, be seen as (without limitation) solicitation of funds or
        advertising of goods or services.
    4. You acknowledge and agree that the Owner
      shall be entitled, in its sole discretion and for any reason, to prohibit
      You, from posting any comment on the blog posts, opinion polls and/or
      bulletin boards.
  5. Interception and monitoring
    1. You agree that Your communications on this
      Website may be intercepted, as defined in the Regulation of Interception
      of Communications Act 70 of 2002 (as amended), by the Owner or any other
      competent authority.
  6. Privacy Policy
    1. Please click here to view the Privacy Policy
  7. Payments
    1. If you make a payment on the Website, you
      agree to our Payment Terms. Please click here to view the Payment Policy.
  8. Variation of these Terms and Conditions
    1. Subject to the variations or amendments
      provided for in terms of clause 15.2 below, no other variation or
      amendment, in any form whatsoever, of these Terms and Conditions will be
      enforceable or binding on either party unless that party has agreed to
      such variation or amendment in writing (which includes but is not limited
      to data messages and/or your clicking on the acceptance icon).
    2. The Owner is entitled and reserves the right
      to vary or amend these Terms and Conditions from time to time and in its
      sole discretion (“Amended Terms and Conditions”). These Amended
      Terms and Conditions will be displayed on this Website. On the first
      occasion on which You Use this Website after the Amended Terms and
      Conditions have been displayed on this Website, if You continue to Use
      this Website after having had a reasonable opportunity to review the
      Amended Terms and Conditions, the Amended Terms and Conditions will
      immediately be treated as being effective and binding on You.
    3. It is Your responsibility to access and
      familiarise Yourself with any Amended Terms and Conditions on each
      occasion that You make Use of this Website or the Website Content.
  9. Miscellaneous matters
    1. Addresses for notices:
      1. Except where stated otherwise in these Terms and Conditions, the
        Owner’s address for the service of any notice is:
      2. postal address: PO Box 1413, Ruimsig, 1732
    1. All notices to the Owner must be marked for
      the attention of the Website Manager. All notices of a legal nature or
      relating to legal proceedings must be delivered by registered post to the
      postal address of the Owner and also either delivered by hand to the
      physical address of the Owner or sent to the fax number of the Owner.
    2. Notices given to the above addresses will
      only be deemed to have been duly given:
      1. 14 days after posting, if posted by
        registered post to the Owner’s postal address;
      2. 3 days after delivery, if delivered by hand
        to the Owner’s physical address;
      3. 3 days after confirmed successful
        transmission, if sent to the Owner’s fax number.
    3. Disputes, claims and legal proceedings
      1. Subject to clause 16.4.4 below, any dispute
        declared between You and the Owner arising out of or in connection with
        these Terms and Conditions or the Use of the Website or the Website
        Content, including after termination, cancellation or amendment of these
        Terms and Conditions such dispute will be adjudicated in the
        Magistrate’s Court having the necessary jurisdiction to do so. This
        clause will continue to apply after termination, cancellation or
        amendment of these Terms and Conditions.
      2. You and the Owner agree that both parties
        are entitled, but not obliged, to institute any proceedings arising out
        of or in connection with these Terms and Conditions or your Use of the
        Website or of the Website Content, in any Magistrates’ Court in the
        Republic of South Africa having jurisdiction over You or the Owner, even
        though the cause of action in question exceeds the jurisdiction of that
        court.
      3. Neither You nor the Owner will be precluded
        from obtaining interim relief on an urgent basis from a court of
        competent jurisdiction pending the institution or resolution of a
        dispute or other legal proceedings.
    4. Costs
      1. In the event that is becomes necessary for a
        party (“the Innocent Party”) to these Terms and Condition to
        institute any legal proceedings against the other party (“the
        Guilty Party”) in order to enforce any provision of these Terms and
        Conditions, any and all costs, including legal costs on attorney and own
        client scale and value-added tax, incurred by Innocent Party arising out
        of Your Use of this Website or the Website Content, or a breach of these
        Terms and Conditions, will be borne by the Guilty Party.
    5. Assignment
      1. You may not cede, assign, or transfer any of
        Your rights and obligations in these Terms and Conditions without the
        prior written consent of the Owner, which consent shall not be
        unreasonably withheld.
      2. The Owner may not cede, assign or transfer
        any of the Owner’s rights and obligations in these Terms and Conditions
        without Your prior written consent, which consent shall not be
        unreasonably withheld.
    6. Interpretation
      1. The clause headings in these Terms and
        Conditions have been inserted for convenience only and will not be taken
        into consideration in the interpretation or affect the constructions of
        these Terms and Conditions.
      2. Any reference in these Terms and Conditions
        to the singular includes the plural and vice versa. Any reference in
        these Terms and Conditions to natural persons includes legal persons.
        References to any gender include references to the other genders and
        vice versa.
      3. Unless the context requires otherwise or it
        is expressly stated to the contrary, any words and phrases:
        1. defined in
          these Terms and Conditions will bear the same meaning throughout these
          Terms and Conditions;
        2. not defined
          in these Terms and Conditions but defined in the ECT Act will bear the
          same meaning given to them in the ECT Act.
      4. A copy of the ECT Act can be viewed and
        downloaded at http://www.gov.za/documents/electronic-communications-and-transactions-act.
        It is your responsibility to ensure that the copy downloaded is the most
        recent version of the ECT Act.
      5. In the event that any of the terms of these
        Terms and Conditions are found to be invalid, unlawful or unenforceable,
        such terms will be severable from the remaining terms, which will
        continue to be valid and enforceable.
      6. References to “writing” or notices
        “in writing” by the Owner in these Terms and Conditions does
        not only include writing on paper signed in ink by an authorised
        representative of the Owner and specifically includes any writing which
        may be in electronic form.
      7. No relaxation or indulgence which either
        party may grant to the other will be deemed to be a waiver of any of the
        indulgent party’s rights in these Terms and Conditions or in law.
      8. In the event of any conflict between these
        Terms and Conditions and any Additional Terms and Conditions, the
        Additional Terms and Conditions will prevail.
      9. The termination of the agreement created by
        these Terms and Conditions will be without prejudice to any other rights
        or remedies that You or the Owner may be entitled to under this
        agreement or at law, and will not affect any accrued rights or
        liabilities of You or the Owner nor the coming into or continuance in
        force of any provision of these Terms and Conditions which is expressly
        or by implication intended to come into or continue in force on or after
        such termination.
    7.  Limitation of liability for Use of this
      Website, the Website Content, and associated Hayah Wellness Emporium digital
      platforms, including other Hayah Wellness Emporium websites and
      applications, relating to vouchers, coupons and associated discounts and
      deals.

Voucher,
Coupon, Discount and Deal Terms & Conditions of use are set by Hayah
Wellness Emporium, which determines their period of validity. Any limitation on
the number of Vouchers, Coupons, Discounts and Deals per customer is determined
by Hayah Wellness Emporium. Vouchers, Coupons, Discounts and Deals are generally
limited to one per individual customer. Hayah Wellness Emporium reserves the
right to cancel any Vouchers, Coupons, Discounts and Deals whose redemption
amounts to misuse/abuse on the part of the customer.

Standard shipping at R99.00 across SA. Pick up option available in Gauteng, Roodepoort.