Lemvia.com Terms and Conditions of Use

IN TERMS OF SECTION 11 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT, 25 OF 2002 (hereinafter the “ECT Act”)AND THE COMMON LAW THESE TERMS AND CONDITIONS ARE VALID, BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE LEMVIA.COM WEBSITE OR USE THE SERVICE THROUGH THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST LEAVE THE WEBSITE IMMEDIATELY AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.

1. The Lemvia.com Website is owned and operated by Lemvia Group (Pty) Ltd.

2. All members of the public can register on the Lemvia.com Website but benefits and discounts may be limited at the absolute discretion of Lemvia Group (Pty) Ltd.

3. DEFINITIONS AND INTERPRETATION
3.1. In this agreement, unless the context otherwise requires, the following expressions shall have the following meanings:
3.1.1. “Lemvia or Lemvia.com ” means Lemvia Group (Pty) Ltd, reg. no. 2017/536908/07 of 13 Primrose Street, Gants Centre, 7140, Western Cape, South Africa;
3.1.2. “Website ” means the Lemvia.com Website, including the services available on and through the Website and any page, part or element thereof;
3.1.3. “User” means any person who enters or uses the Website;
3.1.4. “Products” means any actual products and/or services purchased through the use of the Website;
3.1.5. “Voucher” means a Lemvia.com or merchant virtual voucher;
3.1.6. “Fraud” includes fraud, dishonesty and deceit and in particular:
3.1.6.1. knowingly supplying incorrect information;
3.1.6.2. attempting to accrue rebates for products purchased by any person other than the User;
3.1.6.3. selling, bartering and/or purchasing products including attempting to sell or transfer products by means of internet based sales or auctions; or
3.1.6.4. knowingly benefiting from the Fraud or Misconduct of another User or individual.
3.2. References herein to the singular includes the plural and vice versa; and
3.3. Hyperlinks herein to legal documents should be deemed part of these terms and conditions in terms of section 11(3) of the ECT Act. The fact that some or all of the hyperlinks may, from time to time, be non-operational, shall not affect the validity of this agreement and the interpretation of the said terms and conditions.

4. GENERAL
4.1. Lemvia.com is a web based online marketplace that provides natural products for internal consumption and external application.
4.2. Lemvia.com provides the information included in this Website and advertises and sells the products to you subject to the terms and conditions set out herein.
4.3. Lemvia.com hereby discloses to the User that it shall, for its own benefit, qualify for rebates and/or discounts from suppliers in respect of the products sold to Users.

5. PRODUCT WARRANTY
5.1. The display of products on the Website is not a guarantee that a product or service is immediately available or at all.
5.2. Lemvia.com does not warrant or guarantee any products provided on the Website and;
5.3. That any product has any healing or beneficial properties,
5.4. That any product is a medicine as defined in the The Medicines and Related Substances Act (previously Drugs Control Act) 101 of 1965,
5.5. That any product has been tested or certified by SAHPRA (South African Health Products Regulatory Authority,
5.6. Notwithstanding anything to the contrary, Lemvia.com does not offer medical advice of any nature and nothing on the Lemvia.com Website should be construed as such.
5.7. Due to the nature of its products, any products purchased on the Lemvia.com website cannot be returned once it has been opened and or the seal has been broken.

6. WARNINGS – GENERAL
6.1. Unless otherwise indicated, digestible products may be taken orally whether by placing under the tongue for 60 to 90 seconds or mixed with a liquid such as a shake.
6.2. Non-digestible products should not be used orally consumed and is for external use only.
6.3. None of the products should be used by children under the age of 18 and should always be kept out of the reach of children.
6.4. Products for pets should only be given to animals.
6.5. None of the products should be used if you are pregnant, suspect that you are pregnant or lactating without obtaining professional medical advice first.
6.6. If you have a medical condition or take any other pharmaceutical drugs or medicines, you must obtain professional medical advice before use of any of the products.

7. WARNINGS – ORAL Cannabidiol (CBD) PRODUCTS:
7.1. Some of the Lemvia.com’s oral products contain Cannabidiol (CBD). Any oral product containing Cannabidiol (CBD) should not be used with:
7.1.1. Clobazam: Do not take this in combination with Lemvia.com oral products. In people of all ages, simultaneous use of cannabidiol and clobazam is associated with an increased occurrence of drowsiness.
7.1.2. Valproate: Do not take this in combination with Lemvia.com oral products due to the potential of the elevation of liver transaminases.
7.1.3. CNS Depressants: Take care with the simultaneous use of cannabidiol with medicines with sedative and anesthetic properties as it may cause additive therapeutic and adverse effects.
7.1.4. Simultaneous use of cannabidiol with herbs and supplements with sedative properties might enhance therapeutic and adverse effects.
7.1.5. Parkinson’s disease: Taken orally, cannabidiol may worsen symptoms of Parkison’s disease in some people.
7.1.6. Fats and fat containing foods: Taking cannabidiol with a high-fat or high-calorie meal increases plasma levels of cannabidiol compared with taking it on an empty stomach.
7.1.7. Alcohol: Do not take cannabidiol with alcohol.
7.2. Cannabidiol has been demonstrated to have sedative effects. It is therefore not recommended to take Lemvia.com oral Products before driving or using machinery.
7.3. Hepato-biliary disorders: Orally, cannabidiol has been associated with an elevation in liver transaminases. The adverse effect appears to be dose-dependent and more common in patients with transaminase elevations at baseline, and most common in patients already taking valproic acid or clobazam. While most reported changes have been mild and clinically insignificant, some patients taking cannabidiol along with valproic acid have experienced significant elevations which required discontinuation of either valproic acid or cannabidiol.
7.4. Cannabidiol oil can cause dry mouth, diarrhoea, vomiting, decreased appetite, weight loss, drowsiness, fatigue and elevated liver transaminases. Doses of more than 15-20 mg/kg daily have been associated with an increased occurrence of diarrhoea, decreased appetite, weight loss and transaminase elevations.
7.5. Do not use any products after its expiry date.
7.6. Some products contain essential oils that some people may be allergic to. The contents of each product are clearly indicated within the product description, product label and or product insert. Please check the contents for any essential oils or other allergens that you may be allergic to. If unsure, obtain professional medical advice before use.
7.7. If you experience any adverse effect stop using the product immediately and obtain professional medical treatment.

8. WARNINGS – TOPICAL PRODUCTS
8.1. For external use only.
8.2. Avoid contact with eyes.
8.3. If contact with the eyes occurs, rinse with clean water.
8.4. Do not use on the face or near the nose or mouth.
8.5. Do not use on skin for over 8 hours.
8.6. Do not apply to broken, irritated, or sensitive skin.
8.7. Keep out of the reach of children.
8.8. Only adults should handle this product. If ingested, contact the Poisons Information Centre at 0861 555 777. This product contains plant extracts and might contain essential oils.
8.9. Do not use this product if you are pregnant, breastfeeding, have epilepsy, asthma, persistent or chronic cough, or other chronic lung conditions. If you experience worsening symptoms or develop a fever, rash, or persistent headache, stop using the product and contact your healthcare provider.
8.10. Some products contains Menthol – Rashes, burning discomfort, nausea, dizziness and/or headache have been reported.
8.11. Some products contains Cannabidiol (CBD) – Consult your healthcare provider before using CBD products.
8.12. Researchers have not fully established the effect of CBD on humans. CBD may interact with other medicines.

9. ALLOWED USE AND LICENSE
9.1. Lemvia.com licenses the User to view, download, and print the content of the Website provided that such use is for private, personal, educational, and/or non-commercial purposes only.
9.2. Content from the Website may not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of Lemvia.
9.3. Users may only access, browse and use the Website for the permitted purposes and in particular, may not use the Website for:
9.3.1. Harmful purposes;
9.3.2. The creation, storage and sending of unsolicited commercial communications.
9.4. The caching of the Website shall only be allowed if:
9.4.1. The purpose of the caching is to make the onward transmission of the content from the Website more efficient;
9.4.2. The cached content is not modified in any manner whatsoever;
9.4.3. The cached content is updated at least every 12 (twelve) hours; and
9.4.4. The cached content is removed or updated when so required by Lemvia.
9.5. If any User uses content from the Website in breach of the provisions detailed herein:
9.5.1. Lemvia.com reserves the right to claim damages from the User;
9.5.2. Lemvia.com reserves the right to lay a criminal charge against the User; and
9.6. Lemvia.com shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User, in breach of the provisions of this agreement.
9.7. Hyperlinks to the Website from any other source shall be directed at the home page of the Website. Links beyond the Lemvia home page may only be made with Lemvia.com‘s prior written consent.
9.8. Lemvia.com shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content, products or services available from the Website, if such content, products or services were accessed through a hyperlink not directed at the home page of the Website. Persons wishing to link to pages beyond the home page of the Website without Lemvia.com‘s prior written consent shall do so at their own risk and indemnify Lemvia.com against any loss, liability, or damage that may result from the use of such hyperlinks. Lemvia.com‘s refusal to accept liability for deep linking is because deep links bypass these terms and conditions of use of the Lemvia.com Website.
9.9. Lemvia does not guarantee that the products listed on the Lemvia Website will aid or cure any illness, condition or symptom.
9.10. Users may quote small and reasonable amounts of content available on the Website, but only if such quotation is placed in inverted commas and an acknowledgement is given to the effect that such quotation was taken from the Lemvia Website.
9.11. No person may, without the prior written consent of Lemvia, frame the Website in any manner whatsoever.
9.12. Apart from bona-fide search engine operators and use of the search facility provided on the Website for Users, no person may use or attempt to use any technology or applications (including web crawlers, robots or web spiders) to search, collect or copy content from the Website for any purpose whatsoever, without the prior written consent of Lemvia.
9.13. Email addresses, names, telephone numbers, and fax numbers published on the Website may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on the Website may be used to communicate unsolicited communications to Lemvia and all rights detailed in section 45 of the ECT Act are reserved.
9.14. Access to the checkout function of the Website requires once off registration and thereafter you will be obliged to enter your Username or and personal password (“password”) or other unique identifying information. The User undertakes to ensure that his Username and/or Password are not disclosed to any third party and to immediately report to Lemvia any actual or potential unauthorized access to or use of his Username and/or Password.
9.15. The User agree that all instructions, consents, orders and other communications (hereinafter “the communication”) which purport to originate from the User or a person who had authority to act on the User’s behalf (unless it is proved by you that such information system did not properly execute such communication) (hereinafter “the originator”) and which communications are sent to Lemvia electronically and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the instructions actually sent or given, or may not have been given by you at all, shall nevertheless be deemed to have been given by the originator in the form actually received by Lemvia.com and you will be bound by such instruction with no liability of whatever nature attaching to Lemvia.com in regard thereto.
9.16. The User waive any rights that he may have or obtain against Lemvia arising directly or indirectly from any loss or damage of whatsoever nature which he or she may suffer as a result of the fact that Lemvia acts on the Users communication(s) purported to emanate from the User and the User indemnify Lemvia against all and any claims, liabilities, losses, costs, fines, damages and expenses incurred (whether directly or indirectly) by the User, arising as a result of the fact that Lemvia has acted on such communication(s).

10. INTELLECTUAL PROPERTY RIGHTS
10.1. All intellectual property on the Website, including but not limited to content, trademarks (whether registered or not), trade names, logos, pictures, video, downloads, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to Lemvia and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in Clause 4, all other rights to intellectual property on the Website are expressly reserved in favour of Lemvia.com.
10.2. No person shall amend copy, use, decompile and/or reverse engineer the source code of the Website.
10.3. No person may use logos, icons, or trademarks from the Website as hyperlinks or other purposes without Lemvia ‘s prior written consent.

11. SOFTWARE AND EQUIPMENT
It is the responsibility of the User to acquire and maintain, at his/her own expense, the necessary computer hardware, software, communication lines and Internet access accounts required to access the Internet and the Website and /or download content from the Website.

12. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
12.1. Access to the Website may be classified as “electronic transactions” as defined in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and Lemvia has, amongst others, the duty to disclose the following information, which information is hereby disclosed as follows:
12.2. Full name and legal status of the Website: Lemvia Group (Pty) Ltd, a private limited company
12.3. Registration number: 2017/536908/07
12.4. Physical address for receipt of legal service: JP Joubert Attorneys, 30 Caledon St, Somerset West, Cape Town, 7130
12.5. List of directors: GJ Strydom
12.6. Telephone number: 072 366 5691
12.7. Website: www.lemvia.com
12.8. Email address: hello@lemvia.com

13. ORDERS, PROCESS, DELIVERY AND RISK

13.1. Prices reflected on the Website include VAT.
13.2. Once a User has compiled his or her shopping basket, the delivery cost on the total basket will be calculated and presented as an additional expense to the User before final checkout.
13.3. Prices displayed may vary or change without prior notice. Lemvia uses its utmost endeavours to ensure that pricing indicated on the Website are correct. Incorrect prices may however be reflected from time to time and Lemvia will not be obligated to sell products at incorrectly reflected prices. Lemvia reserves the right to revoke any offer or correct any mistake at the sole discretion of Lemvia.
13.4. The advertising of products via the Website merely constitutes an invitation by Lemvia for the User to make an offer to purchase products and Lemvia may, in its sole and absolute discretion, reject any order without giving reasons.
13.5. By merely adding products to the basket the User is under no obligation to purchase such items from Lemvia.
13.6. The User are able to verify and edit or remove the contents of the basket prior to proceeding to checkout.
13.7. By clicking on the “purchase” or “final submit” button the User is deemed to have submitted an offer to purchase the product/s selected by him and the order cannot be withdrawn by the User unless expressly agreed to by Lemvia in writing.
13.8. An acknowledgement of receipt of the order; which constitutes a willingness by Lemvia to process the order, but always subject to availability of the product and payment having been received will be sent to the User once Lemvia receives the order. The Website is set up to confirm receipt of orders automatically, but technical or other problems may delay or prevent such receipts being transmitted. Lemvia will notify the User should any products not be available, should pricing be changed or in the event that delivery is delayed.
13.9. Users are advised not to resend orders if they do not receive a confirmation from Lemvia as this may lead to a duplicate transaction for which the User will be held liable.
13.10. A transaction will only be deemed to have been concluded once payment has been received by Lemvia.
13.11. All orders received by Lemvia will only be processed once payment has been received and cleared by Lemvia to its satisfaction.
13.12. Delivery times are not guaranteed and are estimates only and Lemvia does not accept any liability whatsoever for late deliveries.
13.13. Lemvia will within a reasonable period after payment has been effected, issue a VAT invoice in favour of the User.
13.14. Lemvia cannot guarantee the availability of any product and all orders are subject to stock availability.
13.15. Lemvia reserves the right to verify the identity of any User or the payment method used. This may require that the User is being required to, amongst other things, send Lemvia a copy of his or her identity document, and proof of residence.
13.16. In the event that the User requests a different delivery or collection address after checkout, Lemvia may charge additional delivery fees. Delivery and collection of the products are undertaken at the risk of the User.
13.17. Vouchers purchased on the Website has an expiry date as set out by the vendor in the description of the voucher. Vouchers can only be redeemed at the vendor that provided the voucher.
13.18. Payment can only be made by credit or debit card (only Master or Visa) or Auto EFT electronic transfer.
13.19. In respect of orders not accepted by Lemvia, a refund will be made to the User within 14 days after Lemvia ‘s e-mail notification to the User that the offer was not accepted.
13.20. Refunds will be made in the manner elected by Lemvia in its sole discretion.
13.21. Users have full access to all their transactions in the “My Account / Profile” section of the Website.

14. RETURN, EXCHANGE OR REFUND POLICY OF THE WEBSITE
14.1. For hygienic reasons, any product that has been opened or of which the seal has been broken, cannot be returned, exchanged, or refunded.
14.2. Lemvia may deduct delivery, handling and or re-collection fees on returned products.
14.3. A signed waybill provided by the relevant carrier constitutes proof of delivery as well as an acknowledgement by the User that the products were delivered in good and working order on delivery, unless the User informs Lemvia in writing within 48 hours after having received the Products that they are not in good working order.
14.4. Any product delivered to you that is faulty or damaged on receipt thereof will be exchanged or refunded to you at our discretion and subject to 9.1.
14.5. Lemvia do not warranty or imply that any product or service obtained through the Website is fit for the purpose for which it is purchased or to be used, or that it has the ability to achieve a particular result and no warranty is given relating to the quality of a particular product or service.
14.6. COOLING OFF RIGHTS – In addition to the rights set out in the Lemvia return policy, if the User qualify as a consumer in terms of the ECT Act the User may enjoy certain cooling-off rights in terms of which the User may cancel any transaction for the supply of goods within 7 (SEVEN) days after the date of receipt of the goods, or services within 7 (SEVEN) days after the date of conclusion of the agreement, without reason or penalty, subject to products being returned to Lemvia in its original packing, still sealed or unopened and in a resellable condition. This right does not apply to those goods or services as listed in Section 42 of the ECT Act.
14.7. Products have to be returned to the vendor at its listed address.

15. CHANGES AND AMENDMENTS
Lemvia reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification:
15.1. change these terms and conditions;
15.2. change the content and/or service available from the Website;
15.3. discontinue any aspect of the Website or service(s) available from the Website; and/or
15.4. change the software and hardware required to access and use the Website.

16. PRIVACY
Lemvia Group (Pty) Ltd is committed to protecting your privacy and to ensure that your personal information is collected and used properly, lawfully and transparently in accordance with the requirements of the Protection of Personal Information Act No 4 of 2013. You can view our Privacy Policy here:  https://lemvia.com/privacy-policy/

17. HYPERLINKS TO THIRD PARTY SITES
17.1. Lemvia may provide hyperlinks to Websites not controlled by Lemvia (“target sites”) and such hyperlinks do not imply any endorsement, agreement on or support of the content, products, and/or services of such target sites.
17.2. Lemvia does not editorially control the content, products and/or services on target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access, use, and inability to use or content available on or through target sites.

18. SECURITY
18.1. Lemvia shall take all reasonable steps to secure the content of the Website and the information provided by and collected from Users from unauthorized access and/or disclosure. However, Lemvia does not make any warranties or representations that content shall be 100% safe or secure.
18.2. Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, Lemvia is under no legal duty to encrypt any content or communications from and to Users and is also under no legal duty to provide digital authentication of any pages on the Website.
18.3. Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, robots or spy ware, to the Website or the server and computer network that support the Website.
18.4. Notwithstanding criminal prosecution, any person who delivers or attempts to deliver any damaging code to the Website, whether on purpose or negligently, shall, without any limitation, indemnify and hold Lemvia harmless against any and all liabilities, damages, risks and losses that Lemvia and its partners / affiliates may suffer as a result of such delivery, attempt or damaging code.
18.5. Users may not develop, distribute, or use any device or programme designed to breach or overcome the security measures of the restricted pages, products and services on the Website and Lemvia reserves the right to claim damages from any and all persons involved, directly and indirectly, in the development, use and distribution of such devices or programmes.
18.6. Users who commit any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liabilities, losses, destruction or damages suffered and/or incurred by Lemvia and its partners / affiliates due to or related to these illegal actions.
18.7. All payments will be made via a bank approved external payment gateway. No card or other User financial information will be entered into or kept on the actual Lemvia website. The Lemvia Website has a secure communication between the User and the Website through the use of SSL. Entry to the Website is restricted through Username and password restrictions. Authentication of the Website is through the use of digital certificates. The Website uses a time-out function after no use for a certain period of time. Information received on the Website from the customer is held in a secure environment. Daily back-ups of all transactions and logs are made and kept by Lemvia.com.

19. DISCLAIMER AND LIMITATION OF LIABILITY
19.1. Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, Lemvia.com (including its owners, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, (direct, indirect, special or consequential) to property or to any person, or any loss or liability of any nature incurred by whomever and resulting from:
19.2. access to the Website;
19.2.1. inability to access the Website
19.2.2. content available on the Website;
19.2.3. the use of products and services available from the Website;
19.2.4. goods, products and / or services purchased from the Website
19.2.5. any other reason not directly related to Lemvia ‘s gross negligence.
19.3. The User hereby indemnifies and Lemvia harmless against all claims of whatever nature and howsoever arising, including costs and expenses (which include costs on an attorney and own client scale) incurred as result of injury, death, loss or damage (whether direct or indirect, consequential or otherwise) to person or property suffered by the User or it employees, agents, guests or any member of the public as a direct, indirect or consequential result of any one or more of the items referred to in any Clauses above. and Lemvia.com shall at no stage be held liable by the User for any such claims, actions, damages or losses.
19.4. Information, ideas and opinions expressed on the Website should not be regarded as professional advice or the official opinion of Lemvia and Users are encouraged to obtain professional advice before taking any course of action related to the information, ideas or opinions expressed on the Website.
19.5. Lemvia does not make any warranties or representations that the contents and services available from the Website shall in all cases be true, correct or free from any errors. Lemvia shall, however, take all reasonable steps to ensure the quality and accuracy of content available from the Website.
19.6. Lemvia does not make any warranties or representations that the Website shall be available at all times. Users acknowledge that the Website may be unavailable due to updates or other causes beyond the reasonable control of Lemvia, including, but not limited to virus infection, unauthorized access (hacking), power failure or other “acts of God”.
19.7. Lemvia does not make any warranties or representations regarding the goods, products and services available from the Website.

20. REMOVAL AND CORRECTION OF CONTENT
Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing, and/or harmful content available from the Website to Lemvia and Lemvia undertakes to correct and/or remove such content or any part thereof if the person reporting such content provides sufficient information to substantiate the alleged objectionable nature of the content.

21. INTERCEPTION OF COMMUNICATIONS
21.1. Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User consents and agrees to Lemvia ‘s right to intercept, block, filter, read, delete, disclose and use all communications (including all “data messages” as defined in the ECT Act) send or posted by the User to the Website, its staff and employees.
21.2. The User agrees and acknowledges that the consent provided by the User in clause 16.1 satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.

22. ENTIRE AGREEMENT AND SEVERABILITY
22.1. These terms and conditions constitute the entire agreement between Lemvia and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by Lemvia from the User.
22.2. Any failure by Lemvia to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
22.3. In the event that any term or condition detailed herein is ruled to be unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.

23. EXCLUSION OF PART 2 OF CHAPTER III OF THE ECT ACT
The User and Lemvia agree that:
23.1. the User shall be bound to these term and conditions and such agreement is concluded in Cape Town (South Africa) at the time the User enters the Website for the first time;
23.2. data messages (as defined in the ECT Act) addressed by the User to Lemvia shall only be deemed to have been received if and when responded to;
23.3. data messages (as defined in the ECT Act) addressed by the User to Lemvia shall be deemed to have been created and sent by the User from within the geographical boundaries of South Africa;
23.4. electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and Lemvia; and
23.5. the User agrees and warrants that data messages that are sent to Lemvia from a computer, IP address or mobile device normally used by or owned by the User, were sent and/or authorized by the User personally.

24. APPLICABLE AND GOVERNING LAW
The Lemvia Website is hosted, controlled and operated from within the Republic of South Africa and therefore, the South African law governs the use of this Website, its content, services, products and these terms and conditions.

25. LEGAL COSTS
Lemvia shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.

26. AGE
The User warrants the he or she is older than 18 years and that he or she has no legal or other restrictions to enter into this or any other agreement with Lemvia.

27. THIRD PARTIES
No third party including but not limited to a vendor, supplier, service provider or subcontractor has the right or is authorized to Lemvia in any manner or form of whatsoever nature nor shall Lemvia be liable for any express, implied or tacit act or omission by any third party.

28. ALTERNATIVE DISPUTE RESOLUTION

28.1. Subject to urgent and/or interim relief, all disputes regarding:
28.2. access and use of the Website;
28.3. the inability to access the Website;
28.4. the services and content available from the Website;
28.5. products and services procured through this Website by the User or
28.6. these terms and conditions, shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Somerset West in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client, unless the Arbitration Rules state otherwise. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following Website: http://www.arbitration.co.za/.
28.7. These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa. Subject to the provisions of 22.1 the User hereby consents to exclusive jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with the services referred to herein, or the terms or any matter related to or in connection therewith.

29. COMPLAINTS AND SUGGESTIONS
Please address all complaints, return requests and comments or suggestions in writing to hello@lemvia.com

30. GENERAL
30.1. Lemvia shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of this agreement.
30.2. Should Lemvia be prevented from fulfilling any of its obligations to the User as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as Lemvia is so prevented from fulfilling them, the Users’ corresponding obligations shall be suspended to the corresponding event. In the event that force majeure continues for more than fourteen days after it has first occurred then Lemvia shall be entitled (but not obliged) to terminate this agreement or any other agreement between the parties which is subject to or affected by the said force majeure and, all of its rights and obligations in terms of or arising out of such agreement by giving notice to the User thereof. An “event of force majeure” shall mean any event or circumstance whatsoever which is not within the reasonable control of including, without limitation, via major, casus fortuitus, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement or any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage or transport facilities
30.3. A certificate issued by an administrator of this Website shall constitute prima facie proof of any fact related to this Website, including but not limited to which version of the terms and conditions govern a particular dispute and what content was published or functionality was available on the Website at a specific point in time.
30.4. The deeming provisions of the ECT Act are excluded to the effect that no message shall be deemed to have been received by Lemvia unless Lemvia acknowledge receipt thereof in writing. This does not detract from the fact that if the User submits an order more than once the User may have concluded a double transaction for which the User will be liable.