Cell Revive

 

Terms and Conditions

Cell Revive maintains this website (the “Site”) for your entertainment, information, education and communication. Your access and use of the Site is subject to the following terms and conditions (the “Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and the terms and conditions of Cell Revive Privacy Policy. If you make a purchase on the Site, the Sale Terms will also apply to you.

  All material on the Site is protected by Copyright unless otherwise indicated and may not be used except as permitted in these Terms of Use or in the text on the Site. This permission is conditional on your retaining all Copyright and other proprietary notices contained on or in the materials contained in the Site and on your compliance with those notices and the Terms of Use. You may not distribute or transmit, modify, reuse, republish, report, frame, upload to a third party or use the contents of the Site (including without limitation the text, images, and audio) for public or commercial purposes without Cell Revive express written permission. You agree not to infringe the Copyright or other intellectual property rights belonging to Cell Revive, its affiliates or its third party content providers.

  You acknowledge that Cell Revive is the proprietor or the authorised user of the Copyright, trademarks and all other intellectual property rights (IP Rights) in the software, text, graphics and other material (Content) displayed or available through the Site.

Unauthorised use of the Content is strictly prohibited and may infringe the IP Rights in the Content. No content may be reproduced, published or transmitted in any manner without the prior written consent of Cell Revive.

In particular and without limitation, you may not, without prior written permission from Cell Revive:

archive the Content or any part of it;

form a database whether electronically or otherwise by systematically downloading or storing all or any of the Content;

redistribute or republish the Content ; or

link to the Site including (without limitation) linking in any way which frames the Site; replicates the Site or misleads any person regarding any association with the Site; or your association with Cell Revive or otherwise whether implicitly or expressly

  Your use of the Site is at your own risk. Cell Revive makes no warranties or representations as to its accuracy or completeness. Cell Revive specifically disclaims any liability or responsibility for any errors or omissions in the content on the Site whether Cell Revive is aware of such errors or omissions or not. To the fullest extent permitted by law, neither Cell Revive nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue or profit, or loss or corruption of data, arising out of your access to, or use of, or inability to use or access, the Site.

Without limiting the foregoing, and to the fullest extent permitted by law, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Notwithstanding the foregoing paragraphs, Cell Revive does not exclude any non-excludable Rights but does exclude all other conditions and warranties, whether implied by custom, law or statute.

To the fullest extent permitted by law, Cell Revive liability for breach of any implied warranty, condition or undertaking which cannot be excluded is limited, at the option of Cell Revive.

  Cell Revive will not be liable under any theory (including negligence) for any incidental, consequential, indirect, special, lost profits or punitive damages arising out of your access to or use of Cell Revive site, even if Cell Revive has been advised of the possibility of such damages. IN NO EVENT SHALL THE LIABILITY OF CELL REVIVE FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), DELICT OR OTHERWISE OF ANY TYPE EXCEED THE TOTAL OF ANY MEMBERSHIP FEE, LICENSE FEE OR OTHER SIMILAR FEES PAID BY YOU TO CELL REVIVE FOR ACCESS TO THE CONTENT WHICH IS THE SUBJECT OF A CLAIM, BUT IN NO EVENT SHALL CELL REVIVE LIABILITY EXCEED TWO HUNDRED AND FIFTY RAND (R250.00). ANY CLAIM FOR DAMAGES IN EXCESS THEREOF BEING HEREBY WAIVED BY YOU.

  Indemnification You agree to defend, indemnify and hold harmless Cell Revive and Cell Revive officers, directors, predecessors, successors in interest, shareholders, employees, and agents (cumulatively ” Cell Revive Indemnities”) for all claims against the Cell Revive Indemnities that arise from or are related to your use of Cell Revive Sites.

  The trademarks used on the Site are either trademarks of Cell Revive and/or its affiliates, or used on the Site with the permission of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trade mark displayed on the Site without the express written permission of Cell Revive or, if applicable, the third party owner of the relevant trade mark.

  Products described or depicted on the Site (“Products”), are available for purchase through the Site (including, without limitation, prices of Products displayed on the Site) are subject to change without notice. Copyright may exist on teachings, books and other materials. Unauthorized recording of such materials may be contrary to applicable copyright laws.

  Cell Revive assumes no responsibility, and shall not be liable, for any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, or use of the Site or your downloading of any materials, data, text, images, video, or audio from the Site. Cell Revive also assumes no responsibility, and shall not be liable, for any interruptions or errors in access to the Site or the accuracy, timeliness, completeness, security or reliability of any communications (including, without limitation, any transactions) made through or in relation to the Site.

  Any software downloaded from the Site (including the Downloadable Content) is at your own risk and neither assumes nor accepts liability for any loss or damage, (whether direct or indirect), whatsoever caused, as a result of any computer viruses, Trojan horses, worms, software bombs or similar items or processes arising from your use of the Site.

  If you send any communication or material to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, all such communications are, and will be treated as, non-confidential. Anything you transmit or post may be used by Cell Revive or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. You grant to Cell Revive an irrevocable, perpetual, unrestricted, royalty-free worldwide license to use, copy, modify, redistribute or otherwise deal with such information or materials including, without limitation, and without any compensation to you except were agreed via Cell Revive Multimedia and or Product/Agent Agreement, any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to marketing and selling products using such information.

  The Site may refer to Products that are generally available for purchase in South Africa. A reference to Products on the Site does not imply or warrant that the Products will be available at any time in your particular locality. You should check with Cell Revive for the availability of these specific products in your locality.

  Cell Revive is not responsible for the content of any site linked to from the Site. Your linking to any other site is entirely at your own risk. While Cell Revive may provide links on the Site to other sites, the inclusion of such links is for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the site linked to or it’s content. Subject to any Non-Excludable Rights, Cell Revive disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such sites.

 Although Cell Revive may from time to time monitor or review forums on the Site (“Forums”), Cell Revive is under no obligation to do so and assumes no responsibility or liability arising from the content of any Forums nor for any error, defamation, libel, obscenity, profanity, or inaccuracy contained in any Forums. You are prohibited from posting or transmitting on or via the Site:

any unlawful, threatening, harassing, defamatory, libelous, obscene, pornographic or profane material;

any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law; or

any material of any kind for commercial purposes, or which contains any promotional material or advertising. You must not restrict or inhibit any other person from using or enjoying the Site, or download any material purchased from this site. Cell Revive will fully cooperate with any law enforcement authorities or court order requesting or directing Cell Revive disclose the identity of anyone breaching this clause.

  If Cell Revive provides you with user details to facilitate your use of or access to the Site (“User Details”), or a particular section of the Site, you must not disclose your User Details to any other person. It will be your responsibility to ensure that your User Details are not disclosed to any other person. You are solely responsible for all activities that occur using your User Details including, without limitation, all activities authorized or unauthorized, lawful or unlawful, which utilize your User Details. Cell Revive is entitled to act on instructions received under your User Details. Cell Revive cannot and will not be liable for any changes made to your User Details by another person using your User Details, or for any loss or damage arising from your failure to adequately protect your User Details. For security purposes, you should memorize (and not write down) your User Details.

  You agree to indemnify Cell Revive and keep Cell Revive indemnified against all actions, proceedings, losses, liabilities, claims, damages, demands, costs and expenses suffered or incurred by Cell Revive as a result of, or in connection with, any negligent act or omission, use or misuse of the Site, violation of the rights of another user of the Site, or a breach of these Terms and Conditions, by you or anyone using your User Details.

  Cell Revive may terminate this agreement and your access to the Site at any time without notice. In the event of termination, you are no longer authorised to access the Site, but any and all restrictions imposed on you under the Terms of Use, and licenses granted by you to Cell Revive, and any Cell Revive disclaimers and limitations of liability will survive such termination.

  Failure of Cell Revive to insist upon strict performance of any provisions of the Terms of Use shall not be deemed a waiver of its rights and remedies. If any provision of the Terms of Use is deemed by a court to be unenforceable, the remainder shall stay in effect.

  Cell Revive may at any time revise the Terms and Conditions by updating this web page without prior notice to you, in which case the Terms and Conditions as modified will apply to you from the date of modification. You should periodically visit this page to review the then current Terms and Conditions.

  The Terms of Use may not be altered, supplemented, or amended by the use of any additional documents that purport to be an agreement between you and Cell Revive. Any attempt to supplement or amend this document shall be null and void.

  The Terms of Use are to be governed by and construed in accordance with the laws of South Africa, without reference to its conflicts of law rules. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of South Africa. If any provision of the Terms of Use is found to be invalid or unenforceable, such invalidity or unenforceability will not affect the remainder which will continue in full force and effect.

  The trademarks, logos, and service marks (collectively the “Trademarks”) listed below are trademarks of Cell Revive and/or its affiliates. Any other Trademarks used in the Site are trademarks of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right of use any Trademark displayed on the Site without the express written permission of Cell Revive or such third party owner. Product names, service names or logos used, quoted and/or referenced in this Web Site are trademarks or registered trademarks of the companies represented on the site. Other product names and/or company names used in the Web Site are used with the permission of their respective owners and may be protected as their trademarks and/or trade names.

  Cell Revive is not responsible for the content of any site advertised or products advertised on the Site. Your noting or using of the material, products are entirely at your own risk. While Cell Revive may provide information on products on the Site, the inclusion of such information is for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the material/products or its content. Subject to any Non-Excludable Rights, Cell Revive disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained.

Information that you provide to Cell Revive

 To enable Cell Revive to provide you with products and to enable you to participate in Cell Revive promotional offers and other marketing activity, Cell Revive may collect and ask you to provide personal information such as your name, address and telephone number and information about your use of this Site (“Your Information”).

  Cell Revive may collect information relating to your access to, and use of, this Site using cookies. A cookie is a small data file that the Site may write to your computer’s hard drive to tailor and keep records of your visit to the Site and to authenticate that you are permitted to use the Site. You can disable cookies by turning them off in your browser, however, you may not be able to access some areas of the Site and/or some areas of the Site may not function properly if you do so.

  All information that you provide to Cell Revive must be true, accurate, current, and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete, or otherwise fail to update Your Information, Cell Revive may suspend or terminate your participation in promotions, offers or membership of Cell Revive (and right to use) the Site immediately.

  Your personal information that is provided by you and how it is used (if and when required only)

We do not collect personal information when you visit our site unless you log on, place an order or register with us.

When you place an order you will be asked for the following personal information: your name, e-mail address, phone number, inter alia.

All information regarding credit card details is held by Cell Revive YOCO and PayPal gateway supplier and Merchant account providers and is NOT held or stored by Cell Revive at all.

When you log on to the Site, you will be asked for your e-mail address and Password.

If you belong to Cell Revive Membership programme, you may be sent information about specials on offer to members. You may be asked for information which identifies you as a member. There may be an option to unsubscribe to such information, if you do not wish to receive it.

There are regular news updates and e-mails advising you of specials – to make your shopping and purchasing experience easier.

When you submit feedback or questions via e-mail, or contact us for information about the Website, we will request your name and e-mail address. This information is for the sole purpose of responding to your inquiries.

Your personal information is not shared, sold, rented or traded to any third party without your permission.

Our site contains links to other sites. Cell Revive is not responsible for the privacy practices or the content of other websites.

By default, all web server log files capture IP addresses. Your IP address may be used to help diagnose problems with the server, administer the website and to track web usage. This information is used internally and is not shared with anyone else except where required or entitled by law to do so (such as in the investigation of fraud or other inappropriate activity).

Privacy

Cell Revive will comply with and will not reveal your personal information to external organisations except for the purposes of fulfilling statutory requirements i.e. information sought by Cell Revive Bank or Supplier of Yoco / Merchant Account.

Digital Media Downloads

For media files (i.e.teaching files), your purchase grants you the following rights:

To have 1 (ONE) copy of the media file stored on a single hard drive for the purpose of back-up.

Reproduce the media file in 1 (ONE) other format for personal use (i.e. portable media device, CD or MD).

However the following rights have NOT been granted to you:

Reproduce further copies of the media file in whole or in part.

Translate, enhance, modify, alter or adapt the media file in any way or for any purpose.

Cause or permit any third party to translate, enhance, modify, alter or adapt the media file in any way or for any purpose.

Sub-license, lease, lend, sell, rent, distribute or grant others any rights, or provide copies of the media file to others.

To share any of Cell Revive material on any social media platforms or online storage medium or by email.

System Requirements

In order to use certain Available Features, including, but not limited to the media download service, you are required to have Internet access and may be required to download/obtain certain (i) software and (ii) particular compatible devices. You acknowledge and agree that your ability to use Available Features will depend on (among other things) the speed of your Internet access and the hardware and software accessing the Available Features (including whether you have obtained the upgrades and updates that are available for such hardware and software). You are responsible for maintaining your Internet service and hardware and software, including obtaining/downloading any updates/upgrades to such hardware and software. You acknowledge and agree that Cell Revive may, at any time and in its sole discretion, change the Available Features and the requirements (type of Internet access, hardware, software) relating to the Available Features Cell Revive does not guarantee or warrant that you will have access, at any time, to the Cell Revive Sites or any Available Features.