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Terms and Conditions

This document governs your relationship with MASC Laser Clinic online store.

SPECIAL NOTE ON THE PRODUCT RECOMMENDATIONS PROVIDED BY MASC LASER CLINIC ONLINE STORE

The recommendation is not to be construed as a written instruction or prescription that authorises a patient to be issued with a medicine or treatment by Dr Jonathan Toogood Plastic Surgeon. A person who has not had a face-to-face consultation with a medical practitioner is not a patient but rather an online customer. An online customer can in no way whatsoever be held to have received an actual written prescription. All use of the products must be followed by the product’s application instructions. No liability can be ascribed to the medical practitioner where there was no physical one-on-one consultation.

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of MASC Laser Clinic. We reserve the right to discontinue any product at any time. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. Any reliance on the material on this site is at your own risk.

 

OVERVIEW

 

  1. Website Terms of Use

These Terms (“the Terms”) govern your (“You”/“Your”) use of the MASC online store (“We/”Us”/“Our”) website located at the domain name www.masclaser.co.za (“the Website”). By accessing and using the Website, You agree to be bound by the Terms set out in this legal notice.

By visiting our site and/or purchasing something from us, you engage in our “service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants and/or contributors of content.

 

  1. Updating of these Terms

Any changes to these terms will become effective when posted to this website. It is your obligation to review these terms on the website for changes or updates. Your continued use of this website following any changes or updates constitutes acceptance of those changes. We may modify, change, remove or add to portions or the whole of these terms.

 

  1. Supplier of Goods or Services Details

In accordance with the disclosure requirements of the Electronic Communications and Transactions Act (“ECTA”), Act 25 of 2002, the supplier of goods or services offered for sale, hire or exchange by way of an electronic transaction, makes the following information available to consumers:

3.1 Supplier is:
3.1.1. Toogood Human Trust trading as MASC Laser Clinic (“Supplier”),
3.1.2. A Trust duly registered and existing under the laws of South Africa with registration number: IT 143312008
3.1.3. VAT registration number: 4050246976
3.1.4. with its physical address at Arun Place 6O, Old Sir Lowry’s Pass Road, Somerset West, 7130
3.1.5. and with its postal address at PO Box 371, Somerset West, 7129
3.1.6. Tel: +27 (0)21 851 3400
3.1.8. The Supplier’s place of registration is at 14A De Villiers Road, Durbanville, 7551
3.1.9. The Supplier will accept legal service at Arun Place 6D, Old Sir Lowry’s Pass Road, Somerset West, 7130
3.1.10. Trustees are Dr Jonathan Toogood and Dr Stephan Human
3.1.11. The main business of the Supplier is community, social and personal services.

3.2. The Supplier’s website is www.masclaser.co.za and its email address is [email protected]

 

  1. Your Consent

By using this website or communicating with MASC Laser Clinic via the various means available on the website, you consent and acknowledge that all agreements, disclosures, notices, or any other communication satisfies any legal requirement, including the requirement that such communications should be in writing. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

 

  1. Payment

Prices for our products are subject to change without notice.

Payment may be made by Visa and Mastercard cards, Instant-EFT, Bitcoin or by manual bank transfer into our bank account, the details of which will be provided at check-out. The payment system allows for review, corrections and withdrawal by you prior to placing a final order.

 

  1. Products and Services for Personal Use

The services and products, and any samples thereof, available on the website are for your personal use only.  You may not sell or resell any of the services, products or samples you receive from us. If, in our sole discretion, we believe that any order to be filled or products or services to be provided to you may result in the violation of these terms, we reserve the right, with or without notice, to cancel or reduce the quantity thereof.

 

  1. Delivery Policy

7.1. Subject to stock availability with suppliers and receipt of payment, requests will be processed within two (2) working days and outsourced to a partnering courier company. Delivery is free of charge for orders valued in excess of R650, while a flat courier fee applies to orders below R650.

7.2. For delivery to areas regarded as remote by the courier company, as per their fixed specifications, a surcharge may apply to your delivery fee. You will be made aware of the total cost upon placement of your order.

7.3. We will not deliver to plots, farms, military bases, major chain stores, power stations, game reserves, lodges, airports or harbours. We will deliver to the nearest Post Office in these instances.

7.4. We will supply all goods to the delivery company in good order and will reasonably endeavour to ensure that goods arrive at your chosen delivery address in the same good order.

7.5 Delivery times vary. On average customers can expect deliveries to metropolitan area addresses within 1-3 working days from order processing. Outlying areas expect delivery in 3-5 working days.

 

  1. Returns or Refund Policy (Including Defective Goods, Adverse Reactions)

8.1. Subject to Section 56 of the Consumer Protection Act No. 68 of 2008, (“the CPA”), if you have received a product from us and found that the container is defective or leaking, or if the pump or dispensing mechanism is defective, please contact us within ten (10) days of purchase and we will gladly collect the product at our own expense and provide you with a refund, replacement or store credit. Contact 021 851 3400 during office hours or [email protected]

8.2. Some products (containing Vitamin A and other anti-ageing ingredients) sold on the website contain active ingredients. These products can cause a mild, transient irritation of the skin upon initial use thereof. It is vital that you follow the instructions given in the package insert when using these products. If you have developed a more severe reaction to any of these products supplied by us, please contact us on 021 851 3400 during office hours or [email protected]. An experienced staff member, nurse or Dr Toogood himself, will endeavour to resolve any adverse reactions. Refunds on creams causing an adverse reaction will be judged on an individual basis.

8.3. Upon delivery, if you no longer want the product you have ordered, you may return it to our physical address within 5 (five) days if the product is unopened and the original packaging is still intact. This will be at your own expense. We will provide you with a MASC Laser Clinic credit. We do not provide monetary refunds in these circumstances.

8.4. Subject to Section 56 of the Consumer Protection Act, the above clauses in paragraph 9 are subject to the following reasonable guidelines:

8.4.1. We cannot accept returns or issue refunds on used products.
8.4.2. Products specified as non-returnable or not for resale cannot be returned.
8.4.3. Products must be returned within 30 days of order date.
8.4.4. Include a copy of your receipt (or a note with your order number, name, email address and phone number) and your reason for returning the product(s).
8.4.5 Products must have been purchased directly from us. We cannot accept returns of products purchased from other retail outlets.
8.4.6. Shipping and handling charges are non-refundable (if applicable).

8.5. Please send any products for return or exchange to:

Arun Place 6O, Old Sir Lowry’s Pass Road, Somerset West, 7130

 

  1. Complaints and Disputes

Currently, the Supplier does not subscribe to any alternative dispute resolution code or mechanism. Any complaints regarding the use of the website or the standard and quality of the product or products bought by you through the MASC online store should be directed to MASC Laser Clinic, PO Box 371, Somerset West, 7129, South Africa or to [email protected]

 

  1. Copyright and Intellectual Property Rights

The name MASC Laser Clinic is in the final stages of becoming a registered trademark.

10.1 All the proprietary works (and the compilation of the proprietary works) and information and content available on the website, including but not limited to logos, trademarks, service marks, images, graphics, text, button icons, audio clips, data compilations and software, and the compilation and organisation thereof (collectively the “Content”), is owned by us, our affiliates, partners, subsidiaries, licensors or any third party owners of the rights (“Owners”), and the content is protected by South African and international copyright laws, including laws governing copyrights and trademarks.

10.2. You are not granted a license or any other right including under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the content, and neither the content nor any portion of the website may be used, sold, copied, duplicated, reproduced, sold, resold, modified, accessed, or otherwise exploited, in whole or in part, for any purpose without our express prior written consent.

 

  1. Limited License to General Users

11.1. By agreeing to these Terms and Conditions, you represent that you are at least 18 years or older.
11.2. We reserve the right to refuse service, terminate accounts, remove, edit content, or cancel orders at our sole discretion.
11.3. This website and the content may not be reproduced or otherwise exploited for any commercial purpose without our express prior written consent.
11.4. We grant you a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future content for personal, non-commercial and information purposes only.
11.5. You may not (a) license, republish, transmit, redistribute, sell or download this website or any and/or all content (except caching or as necessary to view this website); (b) frame or make use of framing techniques to enclose the website (or any portion thereof) or the content without our express written consent; (c) collect account information for your benefit or for the benefit of another party; (d) reverse engineer, modify or create any derivative works based upon either this website or any and/or all content; (e) use this website or any and/or all content for non-personal use; (f) use any meta tags or any other “hidden text” utilising any and/or all content; or (g) use any technology (crawlers, spiders, software robots, or similar data gathering and extraction tools) to search or gain any information from this website, or take any other action that may impose an unreasonable burden or load on our infrastructure.
11.6. You must retain, without modification, all proprietary notices on this website or affixed to or contained in this website.
11.7. We grant you a limited, revocable and non-exclusive license to hyperlink to the home page of our website for personal, non-commercial use only. Any website that links to this website (i) may not imply that we are endorsing such website or its services or products or that you have any rights in our website or intellectual property; (ii) may not misrepresent its relationship with us; (iii) may link to, but not replicate, any and/or all of the content; (iv) may not contain content that could be construed as obscene, controversial, offensive, distasteful, or illegal or inappropriate for any ages; (v) may not portray us or our products or services in a false, derogatory, misleading, or otherwise offensive or objectionable manner, or associate us with undesirable products, services or opinions; and (vi) may not link to any page of this website other than the home page. If we, in our sole discretion, request that you remove any link to this website, you must immediately remove such link, upon receipt of such request, and cease any linking, unless separately and expressly authorised by us in writing.

 

  1. Your Obligations and Responsibilities

You agree to always act in accordance with the law, custom and in good faith. You may not, in any way, impair the integrity or operation of the website. Without limiting the generality of any other provision of these Terms, you are liable for any and all losses and damages caused to us, our affiliates, subsidiaries, partners or licensors, by your negligent or wilful default of any of the obligations contained in these Terms. You agree to comply with these Terms and any special warnings or instructions for access or use posted on the website.

 

  1. Indemnification and Limitation of Liability

13.1. Subject to Sections 43(5) and 43(6) of ECTA, and to the extent permitted by law, the website and all content on the website, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the content, or any third-party content accessible via an internet link.

We, our suppliers, employees, directors, partners, affiliates and agents will not be liable for any damage, or loss or liability of any nature incurred by whoever as a result of any action or omission.

13.2. Neither we nor any holding company, affiliate or subsidiary of us or the owners, will be held responsible for any damage of any kind, related to the use of, or the inability to access or use the content or the website or any functionality, or of any linked website to the extent permissible by law. Links appearing on this website are for convenience only and we, our affiliates, or our partners do not endorse the referenced product, service, content or supplier. If you link to or from any off-website pages or other websites, you do so at your own risk. We do not assume responsibility for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from this website. We also do not assume any responsibility or liability for the content, products, services or actions of such pages and websites, including, without limitation, their privacy policies and terms and conditions. The terms and conditions and privacy policies of all off-website pages and other websites that you visit should be carefully reviewed by you.

13.3. The use of any product bought from this website is at your risk. You and any other users indemnify us, our affiliates and subsidiaries and hold us, our affiliates and subsidiaries harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the website.

13.4. Use of the website is at your sole responsibility and risk. This website is presented on an “as is” and “as available” basis. Despite any warranty we may give, we will not be liable for any defect arising from your negligence, failure to follow instructions (whether oral or in writing) or misuse. We expressly disclaim all representations, warranties or conditions of any kind, whether express or implied, including but not limited to any implied warranties or conditions of satisfactory quality, no latent defects, merchantability, non-infringement, fitness for a particular purpose, accuracy, quiet enjoyment and title, except to the extent such representations and warranties are not legally excludable.  You agree that, to the fullest extent permitted by applicable law, regardless of the form in which any legal action may be brought (whether in contract, delict (including negligence or otherwise), our maximum aggregate liability for direct damages for anything giving rise to legal action will not exceed one thousand five hundred Rand. Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential loss or damage (whether foreseeable or unforeseeable) of any kind whatsoever and howsoever caused (including (a) interruption of business (b) lost profits, (c) access delays or access interruptions to this website; (d) data non-delivery, miss-delivery, corruption or destruction(e)  any inaccuracies or omissions in content or loss or damages of any sort incurred as a result of dealings with or the presence of third party links; (f) computer viruses, system failures or malfunctions which may occur in connection with your use of this site, including during hyperlink to or from third party websites (g) events beyond our reasonable control.

You agree that no claims or actions arising out of, or related to, the use of this website or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose.

13.5. You agree to hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of this site or breach of these terms. You also agree to indemnify us for any losses, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

 

  1. Privacy, Access to and Use of Information

14.1. We receive various types of information (“Information”) from you when you access the website, including personal information as detailed in the Promotion of Access to Information Act (“PAIA”), Act 2 of 2000, and as detailed in section 1 of ECTA (“Personal Information”).

14.2. We may electronically collect, store and use personal information, including but not limited to name, contact details, surfing patterns, email and IP address.

14.3. Whenever you are of the opinion that we fail to comply with Section 51 of ECTA, you will contact us by sending an email to [email protected] We will review your representation made by email and will decide to take corrective action. Within 14 days we will respond to you informing about corrective action taken, if any. If within our sole and absolute discretion such corrective action is deemed advisable.

14.4. Interception of communications

Despite such undertaking, it is possible for internet-based communications to be intercepted.
14.4.1. Without the use of encryption, the internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging.
14.4.2. Us and the owners will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential or disclosed information you make to the owners or us through the internet, or that you expressly or implicitly authorise the owners to make, or for any errors or any changes made to any transmitted information.
13.5. To ensure acquaintance with and awareness of our privacy measures and policies, you are urged to take care to read and understand the underlying privacy clauses incorporated in these terms.

 

  1. Privacy – Casual Browsing

15.1. You may visit the website without providing any personal information.

15.2. You accordingly grant express written permission for the website servers to collect the IP address of your computer, but not the email address or any other distinguishing information.

15.3. We assume no obligation to protect this information and may copy, distribute or otherwise use the information.

15.4. This information is aggregated to measure the number of visits, average time spent on the website, pages viewed, etc.

15.5. We use this information to determine use of the website and to improve content.

 

  1. Privacy – Unsolicited Information

16.1. If you post unsolicited content or other information (“Information”) to the website and do not indicate otherwise, you grant to the owners a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such information throughout the world in any media.

16.2 Submissions of a personal nature relating to your medical condition and/or medical history will be kept confidential. If, at our request, you send certain specific submissions (for example competition entries) or without a request from us you send creative ideas, suggestion, proposals, plans or other materials, whether online by email, by postal mail or otherwise (collectively ”Comments”) you agree that we may at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.  We are and shall be under no obligation (a) to maintain any comments in confidence; (b) to pay compensation for any comments; or (c) to respond to any comments. Any other enquiries, feedback, suggestions, ideas or other information you provide to us (collectively, “Submissions”), will be treated as non-proprietary and non-confidential.

16.3. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any submission. By making a submission, you represent and warrant that you own or otherwise control the rights to your submission and that such submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailing, or any form of “spam”. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any submission or any damages arising from any submission provided by you.

16.4. When you make a submission, you warrant:

16.4.1. that you own or otherwise control all of the rights to the information that you post;
16.4.2. that the information is accurate;
16.4.3. that by the supply of the information to us, you do not violate this policy and do not infringe the rights of any other person or entity; and
16.4.4. that you indemnify us and the owners for all claims resulting from our receipt of the information you supply to us.
16.5. We may monitor and edit or remove any information posted to public pages. We take no responsibility and assume no liability for any information posted by you or any third party.

 

  1. Privacy – Solicited Information You Give to Us and Credit Card Security

17.1. We require certain personal information necessary to process a transaction if you require any of our products or services.

17.2. We receive and store all information, including personal information that you enter on the website or give to us in any other way. You may choose not to provide certain personal information, but that may limit the services or products that you may wish to obtain from us.

17.4. Your information, that is required by affiliates and subsidiaries to give effect to transactions that you choose to enter into, is shared with those entities.

17.5. The private information required for executing the orders placed through the MASC Laser Clinic online store, namely your personal information, credit card details, delivery address and telephone numbers, will be kept in the strictest confidence by us and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number, will be made known to third parties delivering the product.

17.6. Credit card transactions will be acquired for us via approved payment gateways. Our payment gateways use the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) provided by Thawte. No credit card details are stored on our servers or website.

17.7. Customers will always have to manually input their CVC number and complete 3D secure (usually through the use of a one time password, depending on your bank) to complete payment in these instances.

17.8. We undertake that we have taken all reasonable precautions to secure the credit card processing that is carried out to receive payments for goods sold. We cannot be held liable for security breaches occurring on your electronic device (personal computer or other electronic device used to access the website), which may result due to the lack of adequate virus protection software or spyware that you may inadvertently have installed on your device, or due to any other security breaches that occur notwithstanding the reasonable precautions we have taken.

 

  1. Privacy – Cookies

18.1. A cookie is a basic text file that is stored on your device (computer, mobile phone, tablet or other device) by a website’s server. Each cookie is unique to your web browser and contains completely anonymous information such as a unique identifier and the website name.

18.2. Our website utilises first and third party cookies. This enables us to a) improve your experience on the website through various means such as storing preferences (like keeping you logged in) or determining aggregate usage behaviour (time on site, number of pages viewed, etc.) through web analytic tools like Google Analytics and b) provide more relevant display advertising to you, using third-party tools such as the Google Analytics Remarketing.

18.3. Most web browsers provide the option to block some or all cookie types should you wish to. You can also opt out of the Google Display Network using the Ads Preference Manager. As many of the website’s features utilise cookies, we recommend that you do not block them.

 

  1. Privacy – Promotional Information

MASC Laser Clinic endeavours to keep its customers and follower of its website, newsletters, blogs and social media informed of developments in the medical aesthetic skincare industry. This requires us to provide information to you about new services or special offers via the various channels listed above. In each instance, you are provided with an opportunity to opt-out of such information circulars. For more information, please call 021 851 3400 during office hours or email [email protected]

 

  1. Privacy – Storage

Personal information will be stored for as long as it is used, together with a record of the personal information and the specific purposes it was collected for. Personal information will be destroyed in the most appropriate manner once it has become obsolete.

 

  1. Choice of Law and General

21.1. This website is controlled, operated and administered by us from our offices as set out above within the Republic of South Africa.

21.2. These Terms will be governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the Western Cape High Court, Cape Town, in the event of any dispute.

21.3. If any of the provisions of these Terms are found by a court of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible so as to give effect to the intent of these Terms, and the remainder of these Terms will continue in full force.

21.4. These Terms constitute the entire agreement between us and you with regard to the use of the content and this website and in relation to the subject matter hereof, and supersede and govern all prior proposals, agreements, or other communications.

21.5. Any concession we may allow you will not affect or substitute any of our rights against you.

 

  1. Online Assessment

The online skin assessment on this website, www.masclaser.co.za , does not replace proper consultation with a healthcare professional, skin care therapist, plastic surgeon or dermatologist.

 

  1. MY MASC Loyalty Programme

Terms of Use are stipulated here: www.masclaser.co.za/my-masc-loyalty/terms-and-conditions-my-masc/

 

  1. Testimonials

MASC Laser Clinic would like to use written testimonials submitted by you for purposes of marketing at any time. We may, with your written permission, use the actual first name of the customer (you), as well as your skin type or skin condition to promote any of our services or products listed on www.masclaser.co.za, including MASC Laser Clinic website, www.masclaser.co.za, MASC Laser Clinic email subscribers list and/MASC Laser Clinic or social media accounts or at promotional events and educational opportunities. We will never distribute testimonials or disclose any other personal information other than the above stated, without prior written consent of the customer (you).

 

  1. Contact Details

In the event that you need to contact us for purposes related to these Terms and Conditions, please use the following email: [email protected]
Tel: 021 851 3400

SUCCESS STORY

“I just had a follow-up Visia scan, after being on the my masc loyalty programme for one year. The scan showed that my skin hasn’t aged one day, in fact, my skin looks better than it did two years ago!”

– Liza (38), part time student and full time mom of three.