Conditions of Use

Welcome to the Weleda Online website, a website owned and operated by Weleda Health The terms and conditions stated below, along with the policies and guidelines located throughout the Weleda Online Site (collectively herein the "Terms of Use") identify what you, as a user of the Weleda Online Site ("you" or "User") can expect from Weleda Health, its parent, subsidiaries, and affiliates (together referred to herein as "Weleda Health"), and/or persons who provide products or services to Weleda Online customers either directly or through Weleda Online ("Weleda Online Providers") and the Weleda Online Site and what Weleda Online in turn expects from Users. By visiting any area on the Weleda Online Site, creating an account, making a purchase via the Weleda Online Site, a User is deemed to have accepted the Terms of Use. If you do not agree to be bound by these Terms of Use and to follow all applicable laws, you should leave the Weleda Online Site immediately. I. LICENSES AND RESTRICTIONS Weleda Online grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with Weleda Online) of the contents of the Weleda Online Site ("Content"). Weleda Online further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the Weleda Online Site so long as the link does not portray Weleda Online, its affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter. The foregoing licenses do not include any rights to: -modify, download (other than page caching), reproduce, copy, or resell the Weleda Online Site, the Content or any portion or derivative thereof; -commercially use the Weleda Online Site, the Content or any portion derivative thereof (unless User has a business relationship with Weleda Online); -copy or download any Users account or profile information for the benefit of any third party; -enable high volume, automated, electronic processes that apply to the Weleda Online Site or its systems; -use any robot, spider, data miner, scraper or other automated means to access the Weleda Online Site or its systems for any purpose; interfere or attempt to interfere with the proper working of the Weleda Online Site; bypass any Weleda Online measures used to prevent or restrict access to any portion of the Weleda Online Site; -frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Weleda Online; -use Weleda Online name, trademarks, services marks or logos in any meta tags or any other (hidden text) or -compile, repackage, disseminate or otherwise use data extracted from the Weleda Online Site. The foregoing are expressly prohibited; the right to do any of the foregoing shall require Weleda Online's express written consent (which may include a written agreement signed by an authorized representative of Weleda Online). Any unauthorized use of the Weleda Online Site, the Content or any portion or derivative thereof shall terminate any license or permission granted by Weleda Online. II. TRADEMARKS Weleda Online, Weleda Health or their respective parents, subsidiaries, or affiliates, or third parties from whom Weleda Online has permission, own the trademarks or service marks that are used on the Weleda Online Site. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Weleda Online and its licensors used on the Weleda Online Site may not be used without prior written consent of Weleda Online or its licensor, as the case may be. Without limiting the foregoing, no Weleda Online trademark or trade dress may be used in connection with any product or service that is not Weleda Online's, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Weleda Online. III. CONTENT Proprietary Rights User acknowledges that the Weleda Online Site contains Content that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the South African and International copyright laws, and Weleda Online owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. Third-Party Content Weleda Online is a distributor and not a publisher of Content supplied by third parties and Users. Weleda Online has no editorial control over such Content. Weleda Online is not obligated to review Content, including User Created Content, as that term is defined at Section XII below. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of Weleda Online or any Weleda Online Provider, unless expressly stated otherwise. Neither Weleda Online nor any Weleda Online Provider makes any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third party Content unless otherwise expressly stated. In many instances, the Content available through the Weleda Online Site represents the opinions and judgments of the third party that provides such Content. Under no circumstance shall either Weleda Online or any Weleda Online Provider be liable for any loss, damage or harm caused by a User's reliance on information obtained through the Weleda Online Site. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content available through the Weleda Online Site. IV. EXPORT The South African and International export control laws regulate the export and reexport of technology. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations. V. PRICES The price for an item on the Weleda Online Site may differ from the price shown in a User's shopping cart; it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the Weleda Online Site. If the price for the item on the Weleda Online Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of Weleda Online, Weleda Online may either (i) contact the User for instructions before shipping the item or charging the User for such item; (ii) cancel the order for such item and notify the User of such cancellation; or (iii) ship the item at the incorrect price to the benefit of the User. VI. RISK OF LOSS The risk of loss and title for all items purchased via the Weleda Online Site pass to the User upon delivery of the item to the carrier. VII. PRODUCT DESCRIPTION The items offered for sale on the Weleda Online contain descriptions that are provided directly by the publisher, manufacturer or distributor of such item. Weleda Online does not represent or warrant that the descriptions of such items are accurate or complete. IF A USER PURCHASES AN ITEM FROM WELEDA ONLINE THAT IS NOT AS DESCRIBED ON THE WELEDA ONLINE SITE, THE USER'S SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCH ITEM IN AN UNUSED CONDITION FOR A REFUND OF THE PURCHASE PRICE. VIII. AGE OF USERS Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 (Minors) are not permitted to use Weleda Health or Weleda Online websites without the supervision of a parent or legal guardian. IX. TERMINATION OF USAGE Weleda Online may issue a warning, temporarily suspend, indefinitely suspend or terminate any User's right to use or access all or any part of the Weleda Online Site including any account thereon, without notice, for any reason in Weleda Online's sole discretion, including without limitation violation of the Terms of Use, Weleda Online's belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, Weleda Online, any Weleda Online Provider or another User. In certain cases, in Weleda Online's sole discretion, Weleda Online may provide written notice (a Restriction Notice) to a User (a Restricted User) to inform such Restricted User that (i) his or her right to use or access any part of the Weleda Online Site has been terminated including the right to use, access or create any account thereon; (ii) that Weleda Online refuses to provide any services to such Restricted User; and (iii) any subsequent orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice. X. INDEMNITY User agrees to indemnify and hold Weleda Online and each Weleda Online Provider harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of such User's use of the Weleda Online Site, the Weleda Online Services, breach of the Terms of Use or User's violation of any law or the rights of a third party. XI. PASSWORD AND ACCOUNT SECURITY Every User that has an account on the Weleda Online Site is responsible for (i) keeping his or her account password confidential and secured, (ii) avoiding unauthorized access to such User's computer; and (iii) keeping the e-mail address associated with that account current (User acknowledges that it is important to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her Weleda Online account using an old e-mail address, such User will not receive messages from Weleda Online about his or her orders and inquiries or other matters). User accepts full responsibility for all activities that occur within such User's Weleda Online account or within the Weleda Online interactive community. XII. INTERACTIVE COMMUNITY The Weleda Online Site offers numerous opportunities for interactive activities, which enable Users to communicate with each other directly, or which enable Users to post information and other material that will be visible to other Users of those services ("Interactive Community"). This Section XII, Interactive Community, applies to the activities of persons who are using interactive services on the Site ("Interactive Community Users"). The scope of these services may change from time to time, with or without notice. You are using Interactive Community services if you view or participate in the Weleda Health forums, post a review, create a list, create a profile, submit any User Created Content, as defined below, or otherwise participate in any interactive feature. Interactive Community services may be used only for lawful purposes in accordance with these Terms of Use. If you are using any Weleda Online Interactive Community services, and post, publish or communicate any information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on through the Interactive Community services, please choose carefully the information that you post and/or provide to other Users ("User Created Content"). User is prohibited from posting on or transmitting through the Weleda Online Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. Weleda Online reserves the right, in its sole discretion, to reject, refuse to post or remove any posting or other User Created Content (including private messages) by you, or to deny, restrict, suspend, or terminate access to all or any part of the Interactive Community services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Weleda Online reserves the right, in its sole discretion, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Interactive Community services for any reason. If you become aware of misuse of the Interactive Community services, including any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violates any applicable law, please inform the management of Weleda Online. Notwithstanding the foregoing, Weleda Online assumes no responsibility for ongoing monitoring of the Weleda Online Site or for removal or editing of any User Created Content, even after receiving notice. Weleda Online assumes no liability for any action or inaction with respect to conduct, communication, or User Created Content within the Interactive Community. The Weleda Online online interactive community is not designed for use by Minors. No children under the age of 13 are permitted to register or create user profiles; and individuals ages 13 through 18 must participate in the community only under the supervision of a parent or legal guardian. Numerous informational and commercial resources (such as computer hardware, software, or filtering services) are available to help parents keep their children safe online. If you are interested in learning more about these resources, information is available at many sites providing information on such protections. Weleda Online does not specifically sponsor or endorse any of these sites or their services. You may not post User Created Content that: involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; contains restricted or password only access pages or hidden page or images (those not linked to or from another accessible page); solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes; includes a photograph or video of another person that you have posted without that person's consent; circumvents or modifies, or attempts to circumvent or modify, or encourages or assists any other person in circumventing or modifying any security technology or software that is part of the Weleda Online Site; that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; covers or obscures the banner advertisements on your personal profile page; involves any automated use of the Weleda Online Site, such as, but not limited to, using scripts to add friends or send comments or messages; interferes with, disrupts, or creates an undue burden on the Weleda Online Site or the networks or services connected to the Interactive Community services; impersonates or attempts to impersonate another Interactive Community User, person or entity; uses the account, username, or password of another Interactive Community User at any time or discloses your password to any third party or permits any third party to access your account; sells or otherwise transfers your profile; uses any information obtained from the Weleda Online Site in order to harass, abuse, or harm another person or entity, or attempting to do the same. Interactive Community Users may upload to or otherwise submit to Weleda Online for distribution on the Weleda Online Site only (i) User Created Content that is not subject to any copyright or other proprietary rights restrictions; or (ii) User Created Content in which the owner or licensor has given express authorization for Weleda Online to distribute over the Internet. You may not upload, embed, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Any copyrighted or other proprietary User Created Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." Weleda Online is entitled to presume that all User Created Content conforms to the foregoing requirements. The unauthorized submission of copyrighted or other proprietary User Created Content is illegal and could subject the User to personal liability for damages in a civil suit as well as criminal prosecution. Interactive Community Users assume all liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of User Created Content. Weleda Online assumes no liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from any User Created Content. By submitting User Created Content within the Interactive Community, Interactive Community Users automatically grant, or represent and warrant that the owner or authorized licensor of such User Created Content has expressly granted Weleda Online, the royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, modify, delete, enhance and distribute the User Created Content in whole or in part worldwide and/or to incorporate such User Created Content in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such User Created Content. Subject to this grant, the licensor of User Created Content submitted to Weleda Online retains any and all rights which may exist in such User Created Content. XIII. NOTICES User consents to receive electronic communications from Weleda Online, whether addressed to the e-mail address associated with such User's Weleda Online account or posted on the Weleda Online Site. User acknowledges and agrees that any communication via e-mail or by postings on this Weleda Online Site satisfies any legal requirement that such communications be made in writing. XIV. DISCLAIMERS AND LIMITATION OF LIABILITY Weleda Online is not responsible for and makes no warranties, express or implied, as to any Content appearing on the Site, including without limitation, any User Created Content or the accuracy and reliability of the Content, including User Created Content, posted on the Weleda Online Site or through the Weleda Online Services, whether caused by Users of the Weleda Online Site or the Weleda Online Services or by any of the equipment or programming associated with or utilized in the Weleda Online Site or the Weleda Online Services. Content, including User Created Content, does not necessarily reflect the opinions or policies of Weleda Online. Profiles and third party applications created and posted by Users on the Weleda Online Site may contain links to other websites. Weleda Online is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Weleda Online. Inclusion of any linked website on the Weleda Online Services does not imply approval or endorsement of the linked website by Weleda Online. When you access these third party sites, you do so at your own risk. Weleda Online takes no responsibility for third party advertisements or third party applications that are posted on or through the Weleda Online Site or the Weleda Online Services, nor does it take any responsibility for the goods or services provided by its advertisers. Weleda Online is not responsible for the conduct, whether online or offline, of any User of the Weleda Online Site or the Weleda Online Services. Weleda Online assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Weleda Online is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or on any of the Weleda Online Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Weleda Online Site or Services. Under no circumstances shall Weleda Online be responsible for any loss or damage, including personal injury or death, resulting from use of the Weleda Online Site or Services, from any Content, including User Created Content, posted on or through the Weleda Online Services, or from the conduct of any Users of the Weleda Online Site or Weleda Online Services, whether online or offline. The Weleda Online Site is provided by Weleda Online on an "as is" and "as available" basis. To the fullest extent permissible by applicable law, each Weleda Online provider disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, neither Weleda Online nor any Weleda Online Provider makes any representation or warranty of any kind, express or implied: (i) as to the operation of the Weleda Online Site, or the information, Content, including User Created Content, materials or products included thereon; (ii) that the Weleda Online Site will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information, Content, including User Created Content, service, or merchandise provided through the Weleda Online Site; or (iv) that the Weleda Online Site, its servers, or e-mails sent from or on behalf of Weleda Online are free of viruses, scripts, trojan horses, worms or other harmful components. Weleda Online does not guarantee the continuous, uninterrupted or secure access to the Weleda Online Site or any related services. The operation of the Weleda Online Site may be interfered with by numerous factors outside the control of Weleda Online. Under no circumstances shall Weleda Online or any Weleda Online Provider be liable for any damages that result from the use of or inability to use the Weleda Online Site, including but not limited to reliance by a User on any information obtained from the Weleda Online Site or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to Weleda Online's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all Content, merchandise, and services available through the Weleda Online Site. Neither Weleda Online nor any Weleda Online Provider will be liable for any indirect, incidental, special or consequential damages arising from the use of the Weleda Online Site or the purchase of any product therefrom, even if Weleda Online or any Weleda Online Provider have been advised of the possibility of such damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to a User, some or all of the above disclaimers, exclusions, or limitations may not apply to such User, and such User may have additional rights. XV. SEVERABILITY The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of Weleda Online to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. XVI. APPLICABLE LAW; JURISDICTION The Weleda Online Site is created and controlled by Weleda Health in South Africa. The laws of the Republic of South Africa will govern the Terms of Use, without giving effect to any principles of conflicts of laws. Each of Weleda Online and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within Johannesburg, South Africa and waives any objection to the laying of venue of any litigation in said courts. XVII. DISPUTE RESOLUTION Any claim or controversy at law or equity that arises out of the Terms of Use, the Weleda Online Site or any Weleda Online Service (each a "Claim"), shall be resolved through binding arbitration conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. Alternatively, at Weleda Online's sole option, a Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in Johannesburg, South Africa Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise. You are solely responsible for your interactions with other Users. Weleda Online reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users. Each of the parties hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any litigation (including but not limited to any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with these Terms of Use. Further, each party hereto certifies that no representative or agent of either party has represented, expressly or otherwise, that such party would not in the event of such litigation, seek to enforce this waiver of right to jury trial provision. Each of the parties acknowledges that this section is a material inducement for the other party entering into these Terms of Use. XVIII. DIGITAL MILLENNIUM COPYRIGHT ACT. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Weleda Online, including User Created Content, infringe your copyright, you (or your agent) may send Weleda Online a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Weleda Online to locate the material on the Weleda Online Site; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Weleda Online a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to: Chamilla Sanua, CEO Weleda Health, Naturally Yours Institute, 453 Main Road, Bryanston, 2191 Gauteng, South Africa. Weleda Online suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. XIX. ADDITIONAL TERMS AND CONDITIONS In addition to the policies and guidelines located throughout the Weleda Online Site, the following policies are incorporated into the Terms of Use: -Privacy Policy -Shipping policy XX. ACKNOWLEDGMENT The Terms of Use, including all documents referenced herein, represents the entire understanding between User and Weleda Online regarding User's relationship with Weleda Online and supersedes any prior statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. XXI. MODIFICATION Weleda Online reserves the right to make changes to the Weleda Online Site, posted policies and Terms of Use at any time without notice or liability. These terms were last revised on 1 January 2009.