IT IS IMPORTANT TO NOTE THAT THE USE OF THIS WEB SITE IS SUBJECT TO THE TERMS AND CONDITIONS OF USE SET OUT BELOW. BY USING THIS SITE THE USER AGREES TO OBSERVE ALL TERMS & CONDITIONS OF USE, INCLUDING ANY PRIVACY OR OTHER POLICIES WHICH MAY APPEAR ELSEWHERE ON THIS WEB SITE.

Definitions

“web site owner” and/or “we” means Medical Nutritional Institute South Africa (Pty) Ltd (“MNI”)

“user” means any person accessing any part of the web site

“consumer” means any natural person (not a company, CC, trust etc) who enters or intends entering into an electronic transaction with this site as the end-user of the goods or services offered by this site

"this web site" means www.mnilifestyle.co.za and all sub pages thereof excluding links to external sites

“ECT Act” means the Electronic Communications & Transactions Act 25 of 2002

Use of this site

1. Use of this web site is at the sole risk of the user.

2. Unless otherwise indicated, users are welcome to copy, download or print out any of the visible text or images on this web site for personal and non-commercial use.

3. Users wishing to utilise content for their own purposes may submit a request to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . The granting or refusing of permission is completely within the discretion of the web site owner, and may be conditional.

Owner information & required disclosures under section 43 of the ECT Act

4. Please submit any query in respect of these Terms & Conditions or the use of this web site to us in any of the following ways

Web site owner: Medical Nutritional Institute South Africa (Pty) Ltd

Registered Number: 2002/016209/07

Directors: Conrad Anton Smith, Adrian Patrick Chessman, Mariaan du Plessis

Tel. + 27 11 704 5523

Fax. + 27 11 462 0729

E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Web sites: www.mnilifestyle.co.za

Physical Address

Shop 14

Douglasdale Pick & Pay Shopping Centre

Cnr Leslie Drive & Douglasdale Road

Douglasdale

Postal Address

PO Box 317

Douglasdale

2165

VAT Number: 492 020 6648

No offer

5. This web site is intended only to provide information on MNIs services and programmes. Users should regard nothing contained in this web site as an offer to do business but rather as an invitation to do business. In completing the required documentation you are making an offer to MNI which it may in its discretion accept or refuse.

Disclaimers

6. THIS ENTIRE WEB SITE, INCLUDING TEXT, IMAGES, LINKS, DOWNLOADS AND CODING, IS PROVIDED "AS IS" AND "AS AVAILABLE". THE WEB SITE OWNER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO THE CORRECTNESS OR SUITABILITY OF EITHER THE WEB SITE OR THE INFORMATION CONTAINED IN IT.

7. MNI, its officers, employees, suppliers, ISPs, partners, affiliates and agents, shall not be liable for any damage, loss or liability, howsoever arising, incurred by users or any other persons and resulting for the use or inability to use this web site.

8. While we take all reasonable security precautions, no liability will lie for damage caused by the malicious use of this site or by destructive data or code that is passed on to the user through the use of this site.

9. We will pursue prosecution of and compensation from any person that delivers or attempts to deliver any destructive code to this web site or attempts to gain unauthorized access to any page on this web site.

10. The web site owner disclaims all responsibility or liability for any damages, including but not limited to direct, economic, consequential loss or loss of profits, resulting from the use of this site in any manner.

INDEMNITY

11. USERS AGREE TO INDEMNIFY AND HOLD HARMLESS THE WEB SITE OWNER, ITS OFFICERS, EMPLOYEES, ISPs, SERVANTS, SUBCONTRACTORS, PARTNERS, SUBSIDIARIES AND AFFILIATES FROM ANY DEMAND, ACTION OR APPLICATION OR OTHER PROCEEDINGS, INCLUDING FOR ATTORNEYS FEES AND RELATED COSTS SUCH AS TRACING FEES, MADE BY ANY THIRD PARTY AND ARISING OUT OF OR IN CONNECTION WITH THE USERS USE OF THIS WEB SITE OR ANY OF THE SERVICES OFFERED THROUGH IT IN ANY WAY, INCLUDING BUT NOT LIMITED TO THE PROVISION OF CONTENT.

CONSUMER RIGHTS

12. Under section 44(1) of the ECT Act a consumer is entitled to cancel without reason and without penalty any transaction for the provision of services within seven days after the date of the conclusion of the agreement. This right cannot however be exercised in respect of services which began with the consumer's consent before the end of the seven-day period referred to in section 44(1).

13. If a consumer cancels an agreement entered into with MNI for the provision of services under section 44(1) then all documentation relating to the services offered must be immediately returned to MNI electronically and all copies thereof, whether printed or electronic, and including back-up copies, must be immediately deleted. MNI reserves the right to proceed for damages where a consumer cancelling under section 44(1) nevertheless attempts to continue using MNI services.

14. Where payment has been received by MNI prior to a consumer cancelling under section 44(1) MNI will refund payment received within 30 days of cancellation.

15. Documentation forming part of the services provided by MNI will be electronically sent to members and no delivery charges will be incurred.

16. MNI is registered for VAT and prices reflected on this web site are inclusive of VAT.

RECEIPT OF DATA MESSAGES

17. Data messages, including e-mail messages, sent by users to MNI shall be deemed to be received only when acknowledged or responded to.

18. A data messages sent by MNI to users shall be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.

Copyright and Intellectual Property protection

19. Copyright in all information, images, source codes and other original material contained in this web site which is not attributed to a third party, is held by the web site owner. THE WEB SITE OWNER ASSERTS AND RESERVES ALL ITS RIGHTS IN THIS REGARD.

20. If you believe that this site in any way infringes a third party copyright please send e-mail to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Confidentiality of communications

21. Further information regarding the manner in which we respect the privacy of users’ personal information is contained in our Privacy Policy.

Hyperlinks, deep links, advertising, framing

22. The express permission in writing of the web site owner is required before any hyperlink other than to the Home Page of this web site is created. Permission, if granted, will be subject to the condition that the party linking to this site alerts users to the application of these terms and conditions. Requests for permission can be mailed to This e-mail address is being protected from spambots. You need JavaScript enabled to view it

23. Permission to link to this web site is given without assumption of any liability. We reserve the right to withdraw permission granted to link to this web site at any time and for any reason.

24. Hyperlinks and/or advertisements contained on this web site and directed towards other web sites or users are provided without any warranties or endorsements as to the content, suitability, accuracy or security of the site linked to. This web site in no manner controls or edits the content of sites or pages linked to.

Use of the sites or pages linked to is accordingly exclusively at the risk of the user.

The express permission in writing of the web site owner, which may be subject to conditions, is required before this site, any of its pages and/or any of the information contained on the site is framed. Requests for permission can be mailed to This e-mail address is being protected from spambots. You need JavaScript enabled to view it

What law governs this Agreement?

25. The user hereby agrees that the law applicable to these terms and conditions of use, their interpretation and any matter or litigation in connection therewith or arising from them will be the law of South Africa.

26. This web site is owned, hosted and maintained within the Republic of South Africa.

27. When using this site and agreeing to these Terms and Conditions such use and agreement is deemed to have taken place in Johannesburg, South Africa.

28. Users of this web site are encouraged to familiarise themselves with the South African law relating to electronic communications and transactions as contained in the Electronic Communications and Transactions Act 25 of 2002.

Consent to jurisdiction

29. The user consents to the jurisdiction of the Magistrate's Court having jurisdiction in terms of section 28 of the Magistrate's Court Act as amended in respect of any dispute flowing from the use of this web site.

Amendment of the terms and conditions of this Agreement

30. Please note that, due to legal and other developments, we may be required to amend these Terms and Conditions of Use from time to time. Please refer to the last revision date at the top of this page.

31. We will attempt to give notice of any amendments, but reserves the right to effect binding amendments, additions or deletions without notice.

Enforceability of this Agreement

32. In the event of any part of these Terms and Conditions being found to be partially or fully unenforceable, for whatever reason, this shall not effect the application or enforceability of the remainder of this Agreement.

33. These Terms of Use contain the record of the entire agreement between the user and the web site owner.

34. Failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.

© 2004 the electronic law consultancy . All rights reserved.