Terms of Use
ESSITY SOUTH AFRICA (Pty) Ltd
BSN Medical PTY (LTD)
an Essity Company
30 Gillitts Road
3610, Pinetown
Customer Care email: customercareza@essity.com
Customer Care contact number: + 27 (0) 31 710 8000
Reg. No 1995/00918/07
(“Essity”, “we” or “us”)
THESE TERMS OF USE (“TERMS”), AS READ WITH OUR PRIVACY POLICY, ARE APPLICABLE TO YOUR ACCESS AND USE OF THIS WEBSITE (THE “SITE”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE OR BEFORE DOWNLOADING ANY MATERIAL FROM THIS SITE. BY USING THIS SITE OR DOWNLOADING ANY MATERIAL FROM THIS SITE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE OR DOWNLOAD ANY MATERIAL FROM IT.
Important Notice
These Terms apply to all users of the Website, including users who are consumers for purposes of the Consumer Protection Act, No. 68 of 2008 (the “CPA”). These Terms may contain provisions which:
- may limit the risk or liability of or a third party; and/or
- may create risk or liability for the user; and/or
- may compel the user to indemnify the us or a third party; and/or
- serves as an acknowledgement, by the user, of a fact.
Your attention is drawn to these terms (in bold font) because they are important and should be carefully noted.
If there is any provision in these Terms that you do not understand, it is your responsibility to ask us to explain it to you before you accept the Terms or continue using the Site.
CPA, POPI and other laws
If these Terms (or any contract governed by these Terms) or the content provided and/or made available on the Site are regulated by or subject to the CPA, the Protection of Personal Information Act, 4 of 2013 (“POPI”) or other laws, it is not intended that any provision of these Terms contravene any provision of the CPA, POPI or such other laws. Nothing in these Terms is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or the us in terms of the CPA. Therefore, all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the CPA Act, POPI and such other laws are complied with.
No provision of these Terms (or any contract governed by these Terms):
- does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
- requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
- limits or excludes any warranties or obligations which are implied into these Terms (or any contract governed by these Terms) by the CPA, POPI or other applicable laws (to the extent applicable) or which we give under the Consumer Protection Act, POPI, or other applicable laws (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.
Trademark Information
The materials on this Site are provided by Essity as a service to its customers and may be used for informational purposes only. Single copies may be downloaded subject to the provisions below.
All names, logos and trademarks are the property of Essity, its affiliates, related companies or its licensors or joint venture partners. Essity's trademarks and brand names may be used only as stated in these Terms or with prior written permission from Essity.
Restricted Use/Single Copy License
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips and software are the property of Essity or its content suppliers and are protected by South African Law and international copyright laws. Unauthorized use or distribution of any materials at this Site may violate copyright, trademark, and/or other laws and is subject to civil as well as criminal sanctions.
This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial use that is not expressly permitted in writing by Essity. You may download one copy of the information found on the Site on a single computer for your personal, non-commercial, internal use only.
You may not modify, use or transfer the information for any commercial purposes; nor may you remove any copyright or other proprietary notices from the information. You agree that you are responsible to prevent any unauthorized copying of the materials and to ensure that all employees and contractors - if applicable - of your organization adhere to these limitations.
You are responsible for obeying all applicable copyright laws. We permit you to make copies of this Site as necessary incidental acts during your viewing of it; and you may print a copy for your personal use of so much of the Site as is reasonable for private purposes. All other use is strictly prohibited. You may not frame this Site nor link to a page other than the home page without Essity’s prior written permission. Essity does not grant any expressed or implied right to you under any patents, copyrights, trademarks or trade secret information.
You may not access this Site for any purpose other than for utilising the products and services offered on it in the normal manner. You may not access this Site for the purposes of redistributing or otherwise using any of our content for your own business purposes unless you are expressly licensed thereto by us in writing. You may not use your access to this Site in a manner that would bring us, our business and/or any of our affiliates into disrepute. Furthermore, you may not access this Site for unlawful purposes or use it in a manner which infringes our rights or the rights of any other person or restricts or inhibits the use of or enjoyment of this Site by any other person. In this regard, you must comply with the laws, regulations and codes of conduct applicable to your use of this Site. You may not to post or transfer any material to this Site that is unlawful or violates any third party’s rights or which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties’ computer system. We may remove any content you have submitted to this Site and/or suspend your access to any part of this Site at any time without notice.
Disclaimer of warranties
Any person who accesses the Site or relies on the Site or on the information contained in the Site does so at his or her own risk.
While Essity takes reasonable measures to ensure that the contents of the Site are accurate and complete, Essity makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Site or as to the accuracy, completeness or reliability of any information on the Site.
Essity further does not warrant the accuracy or completeness of the information, text, graphics, links or other items that may be contained within this information. Essity may make changes to this content, or to the products described therein, at any time without notice. Essity makes no commitment to update the information or other materials entered in this Site.
The information contained herein is provided "as is" without any expressed or implied warranty of any kind including warranties of merchantability, non-infringement of intellectual property, or fitness for any particular purpose. In case Essity is linking to the webpage of a third party, such linking is for the convenience of users only and Essity will have no liability for the content or accuracy of information contained in such webpage.
We have to protect our business and secure our systems. Consequently, you should note that we may monitor and keep records of any communication that you may send to or receive via this Site and we may use, publish and disclose such communications for any lawful purpose and in compliance with our Privacy Policy. This may include our filtering of incoming and outgoing electronic data messages to identify, limit and/or prevent the transmission of unlawful or otherwise undesirable material or content.
Access to the Site services is provided to you free of charge. Reliance on and use of this Site, content and services are therefore at your own risk. In no event will we be liable to you for any loss or damage of any kind in contract, delict (including negligence), statute or otherwise arising in connection with your reliance on or use of this Site or the content or services provided, save to the extent that such liability cannot be excluded by applicable law or the contrary is expressly stated.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, Essity also makes no warranty or representation, whether express or implied, that the information or files available on the Site are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardise the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way.
We do not warrant that the Site will be compatible with your smartphone/device.
The service is subject to normal constraints of the respective carriers of data and information – we can, for example, not be held liable for voice calls that fail or do not connect, for late or non-delivery of any data whether SMS, IP-data and so on.
You are solely responsible for any and all telephone usage and rental fees and/or internet access service fees that may apply to your use of this Site and the products and services offered on it.
User Submissions
Essity may allow you to post information, comments or other material on our Site, social media networks or other online service. This is done in order to facilitate the flow of information about Essity and our products.
Any material, information or other communications you transmit or post to this Site (“Communications") will be considered non-confidential, non-exclusive, royalty-free, irrevocable, fully sub-licensable and non-proprietary. Essity will have no obligations concerning the Communications.
Essity will be free to disclose, copy, distribute, incorporate and/or otherwise use any Communications, together with all data, images, sounds, text, and other things embodied therein, for any and all commercial or non-commercial purposes.
If you submit personal data to this Site or otherwise to Essity, you hereby consent to Essity’s use of such data for the purposes of evaluating your information and to market Essity’s products and services, including a right to transfer the data to third countries and post your personal data on the Internet. Essity will use this persona data solely in accordance with current data protection legislation and will be responsible under South African Law for such processing of personal data and you may contact Essity in case of incorrect data or other issues related to the personal data. For the Essity’s Privacy Policy, please visit [medical.essity.co.za/home/footer/global-privacy-policy.html ]
You may not post any Communications that can be judged as offensive or violating the privacy of other persons or which may be considered as commercial marketing or which is in any way illegal or inappropriate. Essity will delete such Communications when we become aware of them and we reserve the right to exclude you as a user from our Site or service.
Privacy Policy
We recognize the importance of protecting your privacy in respect of personal information collected by us when you use the site.
By continuing to use the Site you agree to the terms and conditions set out in our Privacy Policy and you consent to us collecting and using your personal information for the purposes set out in our Privacy Policy. If you do not agree to this Privacy Policy, please do not continue to use the Site.
Limitation of Liability
Essity shall not be liable for any direct, indirect, incidental, special or consequential injury, loss or damages which might arise from your use of, or reliance upon, any material or content contained in, or inability to use, and/or unlawful activity on, the Site and/or any linked third party website, unless such loss or damages arise due to the gross negligence of Essity.
To the extent permissible by law, you specifically indemnify and hold Essity, its employees, directors and associates harmless against any direct losses such as injury, illness, loss of limb, loss of life, financial losses, loss of property and any other assets, emotional distress, reputation risk and the like, that may arise due the use of the Site.
Other
Notwithstanding that this Site may contain links to third-party websites and that some third-party websites may contain links to this Site, we do not control, endorse or approve the activities or content of any such third-party websites. Please contact the relevant website proprietor if you have a complaint about the activities or contents of a third-party website.
You may be required to choose a username and a password when registering with us or using some of our services. You are responsible for keeping your username and password secret. You will be required to enter your username and password every time you want to use one of our subscription services. You accept that you will be personally liable for all transactions concluded on your account.
Essity may revise these Terms at any time by updating this posting. Essity reserves in its sole discretion, the right to (1) monitor and remove postings; and/or (2) discontinue Site availability, at any time without notice.
You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms to any third party.
Any failure on the part of you or Essity to enforce any right in terms hereof shall not constitute a waiver of that right.
No indulgence, extension of time, relaxation or latitude which any party ("the grantor") may show grant or allow to the other ("the grantee") shall constitute a waiver by the grantor of any of the grantor's rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
If any term, condition, or provision of these Terms is determined to be unlawful, invalid, void or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby.
These Terms, as read with our Privacy Policy, contain the whole agreement between you and Essity relating to the subject matter hereof and no other warranty or undertaking is valid, unless contained in these Terms and/or the Privacy Policy.
Customer service
Please contact Essity should you have any questions, suggestions, complaints or comments at [medical.za@essity.com].
For any complaints, please provide us with the following:
- your full names, physical address, telephone number and email address;
- the location and description of the service feature or transaction which is the cause of your complaint;
- the problem with the service or transaction or rights that you allege to be infringed by such feature or component;
- the actions you would like us to take to remedy the problem;
- a statement confirming that you are making the complaint in good faith;
- a statement confirming that the information you are providing to us is to the best of your knowledge true and correct; and
- please incorporate your signature into the complaint.