- Information about us
1.1 Phytoceutics is an independent business with a long-standing commitment to supplying high quality nature-based food supplements and complementary medicines.
1.2 This website
is operated by Phytoceutics Switzerland, registered in Switzerland and with registered office at Phytoceutics………………………………………… Switzerland
1.3 Our main trading address is Phytoceutics……………………………………… Switzerland
Our Chamber of Commerce No. ……………………………...
Your license to access the website
The content, information, software, designs and data included in the website (the "Content") are protected by intellectual property and other laws. You must comply with these and any other applicable laws when you use the website.
Unless indicated to the contrary, you may use the website only for personal, non-commercial use, or in connection with your authorized purchase or sale of our products. In connection with these uses, you may access, copy, download and print the content made available on the website, provided that you do not modify or delete any copyright or other notice that appears on the content.
We reserve all rights in the content and the website that we do not specifically grant in these terms. Without limitation, you may not modify, distribute, transmit, perform, broadcast, publish, license, reverse engineer, transfer or sell, or create derivative works from, the website or any content unless you obtain our prior written approval. You also may not use the website in a way that could harm us or any third party. For example, you may not use the website in a way that could:
- damage or interfere with the proper working of the website;
- intercept any content or information that we have not intentionally made available to you or defeat any access controls that we have implemented;
- give you access to the website or content using any interface other than the interface that we provide, or attempt to "scrape" or "harvest" content, except if you use a "robot" program in connection with a bona fide internet search engine and we do not instruct you not to access the website using that program;
- frame the website, display any content in connection with an unauthorized logo or mark, or do anything that could suggest falsely a relationship between us and any other party;
- convey unauthorized claims about the curative or health enhancing effects of our products or suggest that we have made such claims; or
- otherwise adversely impact the operation of the website, the Company, or any third party.
In addition to our other legal rights, we may limit or terminate your license to use the website, or certain features of the website, at any time and for any reason, without prior notice to you including our belief you violated these terms.
2 Accessing our website
2.1 Access to our website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our website without notice. We will not be liable if for any reason our website is unavailable at any time or for any period.
2.2 From time to time, we may restrict access to some parts of our website, or our entire website, to users who have registered with us.
2.4 When using our website, you must comply with the provisions of our acceptable use policy.
Questions, comments and requests regarding this policy should be sent to:
email@example.com or firstname.lastname@example.org
2.5 You are responsible for making all arrangements necessary for you to have access to our website. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms, and that they comply with them.
- Accuracy of information and disclaimer
No professional advice or medical information
The website does not provide medical advice, diagnosis or treatment, and the information included on the website is offered for informational purposes only. Some portions of the website may allow you to submit questions either to us or to third parties who have agreed to communicate with our users. Although we provide information about our products through the website, neither our employees nor these third parties are authorized to provide medical or other professional advice through the website. We also have not confirmed the qualifications of any third party who provides information through the website, even if that third party lists his or her qualifications. As a result, you should never use the information you obtain on the website for diagnosis or treatment of any health problem or in place of any medication or other treatment prescribed by a physician or other healthcare provider.
Please consult with your physician or other healthcare provider if you have health-related questions before using any of our products or relying on any information you obtain on the website. You should discuss any medications or nutritional supplements you are using with a healthcare provider before using any new medications or supplements.
3.1 PLEASE NOTE: The information on our website is NOT intended to be relied upon by you in making (or refraining from making) any decisions regarding your health or wellbeing and we strongly recommended that you consult your General Practitioner or a professional medical advisor if you are unsure how this information or our products will affect your health or if you feel any ill-effects from using our products.
3.2 We do our best to ensure all information on our website is accurate. If you discover any inaccurate information on our website let us know and we will correct it, where we agree, as soon as practicable.
3.3 We provide the information on this website free of any access charge. Accordingly, such information is made available on the basis of no liability for the information given.
3.4 You should ensure information you send to us is accurate and does not breach anyone else's rights such as copyright or is libellous, obscene, menacing, threatening, offensive, abusive, fraudulent, criminal or infringes the rights of other people or in is in any way illegal.
3.5 You should independently verify any information before relying upon it.
3.6 We make no representations that information on our website(s) or accessible from them is accurate and up to date or complete and accept no liability for any loss or damage caused by inaccurate information. Our website provides access to a large amount of data and related information and there may, despite our efforts, be errors in it.
3.7 Commentary and other materials posted on our website are NOT intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our website, or by anyone who may be informed of any of its contents.
3.8 Although we hope our website will be of interest to you, we accept no liability and offer no warranties in relation to it and its content. Accordingly, to the maximum extent permitted by law, we provide our website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to our website.
3.9 In no event shall we or any other party (whether or not involved in creating, producing, maintaining or delivering our website), be liable to you for any kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence,, contract or otherwise) in connection with our website in any way or in connection with the use, inability to use or the results of use of our website, any websites linked to our website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing our website or downloading of any material from our website or websites linked to our website.
3.10 We accept liability for death or personal injury caused by our negligence and for fraudulent misrepresentation which cannot, under European law, be excluded.
3.11 We are a distributor as well as a publisher of content supplied by third parties and users of our website. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or other users of the website, are those of the authors, distributors or users and not of us. We do not necessarily endorse nor are we responsible for the accuracy or reliability of any opinion, advice or statement made on our website.
3.12 We and our information providers have expended significant time, effort, skill and expertise in compiling and verifying the information on the website. While we endeavour to ensure that the information on the website is correct, we do not know the context, circumstances or purposes to which you may wish to apply and/or use this information.
3.13 If you make an arrangement with anyone named or connected with our website, you do so at their own risk.
The website may allow you to submit or transmit audio, video, text, or other materials (collectively, "User Submissions") to or through the website. When you provide User Submissions, you grant to the Company a nonexclusive, royalty-free, perpetual, worldwide, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media, whether now known or hereafter invented, including for commercial or marketing purposes, and to use your name or likeness alone or in connection with such uses.
By providing User Submissions through the website, you represent, warrant and covenant that you own those User Submissions or otherwise have the right to grant to us the rights described in this section. You further represent, warrant and covenant that the User Submissions:
- will be accurate and will comply with these terms;
- will not cause injury to any person or entity, including as used by us in accordance with these terms;
- will not include medical or other professional advice;
- will not be false, fraudulent, libellous, defamatory, sexually explicit, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable;
- will not constitute or encourage a criminal offense, violate the rights of any party, including intellectual property rights, or otherwise give rise to liability or violate any law;
- will not contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam"; and
- will not contain advertising or other commercial material, except with our prior written consent.
We may refuse or remove a User Submission without notice for any reason, including our belief that a User Submission may violate these terms or be otherwise objectionable. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our employees or agents will be liable for User Submissions or any loss or damage to you and any other person or entity resulting from User Submissions.
Links to Third Party websites
4.1 You are not permitted to create links to our website from any other website without first obtaining our written permission.
4.2 We may provide hypertext links to other websites that are operated by other people. These links are provided solely for your convenience. Using such a link means you are leaving our website and we take no responsibility for, and give no warranties, guarantees or representations in respect of other linked websites. This is because we do not control and are not responsible for these websites or their content or availability. If you decide to access any of the third-party websites linked to our site, you do so entirely at your own risk.
4.3 Complaints relating to information appearing on other websites should be addressed to the operator of that website.
Copyright Infringement Notice
We respect the intellectual property rights of others. If you believe that content on the website violates your copyright, please send us a notice using the following contact information:
Address: Coyne HealthCare (Pty) Limited
Telephone +27 21 421 9144
This contact information is only for notices of copyright infringement. Contact information for other matters is listed at the end of these terms.
Your notice must include:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact the complaining party;
- 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
- 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.
Upon receipt of a notice of claimed infringement that satisfies these, we will act expeditiously to remove or disable access to any content that is claimed to be infringing upon the copyright of any person under the laws of the European Union and will terminate the access privileges of those who repeatedly infringe on the copyrights of others. European Union law imposes substantial penalties for falsely submitting a notice of copyright infringement.
Your use of the website is at your sole risk. The website is provided on an "as is" and "as available" basis. We reserve the right to restrict or terminate your access to the website or any feature or part thereof at any time. We expressly disclaim all warranties of any kind, whether express or implied, including the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on the website are non-infringing, as well as warranties implied from a course of performance or course of dealing; that access to the website will be uninterrupted or error-free; that the website will be secure; that the website or the servers that makes the website available will be virus-free or otherwise free of harmful components; or that information on the website will be complete, accurate or timely. If you download any materials from the website, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such materials. No advice or information, whether oral or written, obtained by you from us or through or from the website will create any warranty of any kind. We do not make any warranties or representations regarding the use of the materials on the website in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
In certain states, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to you.
Limitation of Liability
To the greatest extent permitted by applicable law, neither we, nor our suppliers or third party content providers, will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to: (1) the website (including any delay or inability to use the website), (2) any information, products or services advertised in or obtained through the website, or (3) our removal or deletion of any materials submitted or posted on the website, whether based on contract, tort, strict liability or otherwise, even if we or any of our suppliers have been advised of the possibility of damages.
Your sole and exclusive remedy for any claims or disputes involving us that are not waived by these terms will be to discontinue your use of the website and to seek a refund of the money you paid to us, if any, during the three months preceding your initiation of the claim or dispute. (Such a refund, in any case, will be governed by the applicable refund policy and the terms of sale specified on the website or in these terms.)
You agree to indemnify, defend and hold harmless the company and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs. Including reasonable attorneys' fees and court costs, arising from or in connection with your use of the website or our products or services or any violation or alleged violation by you of these terms or applicable law. We reserve the right, at our own expense, to assume exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with us in the defence of such matter. You may not settle any claim covered by this Section or admit any liability on the part of the Company without the Company's prior written approval.
Jurisdiction and venue
The laws of the European Union govern these terms and any dispute of any sort that may arise between you and the company or its affiliates, without regard to conflict of law, as if entered into by residents of Europe and fully performed therein. You irrevocably consent to the jurisdiction of the state and federal courts located in or serving European Union for any action relating to the website or these terms. Notwithstanding any other provision of these terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.
Regardless of any statute or law to the contrary, you must file any claim or action related to use of the website or these terms within one year after such claim or action accrued. Otherwise, you will waive the claim or action.
We reserve the right, in our sole discretion, to change these terms at any time by posting revised terms on the website. It is your responsibility to check periodically for any changes we may make to these terms. Your continued use of the website following the posting of changes to these terms or other policies means you accept the changes.
5.1 Our website contains copyright material, trade names and other proprietary information, including, but not limited to, text, software, photos, graphics and may in future include video, graphics, music and sound. The entire contents of our website is protected by copyright law. We, or our licensors, own copyright and/or database right in the selection, co-ordination, arrangement and enhancement of such content, as well as in the content original to it. We ask that you do not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part except as provided in these terms.
5.2 Information may only be downloaded from our website for your own personal use. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material or works derived or developed from such material will be permitted without our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge you do not acquire any ownership rights by downloading copyright material.
5.3 All logos, devices and marks used on this website, without limitation, relating to:
Zip products are our logos and or our registered or unregistered trademarks and trade names, any other logos or devices used on our website are trademarks and or trade names of our associates and partners. You may not use these devices, names or logos without the consent of the owner.
Registration and Access Restrictions
You are required to register with us to use certain features of the website. You agree to (a) provide true, accurate, current and complete information about yourself when we request it; (b) maintain and promptly update this information to keep it true, accurate, current and complete to the extent the website permits such updates; and (c) use limited-access portions of the website only using access credentials that we have issued to you.
You must maintain the confidentiality of any access credentials that we issue to you and may not share them with any other person. You must notify the Company immediately of any unauthorized use of your credentials or any other breach of security. Even if you notify us, you will be responsible for any activities that occur using your access credentials, including any charges resulting from the use of your account.
6 Service access
6.1 While we endeavour to ensure that our website is normally available 24 hours a day, we shall not be liable if for any reason our website is unavailable at any time or for any period.
6.2 Access to our website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
7.1 If you wish to register on a website you must be aged 18 years or over. We ask you to ensure that all the information provided to us is true and accurate, current and complete. If there are any changes to the details supplied to us, it is your responsibility to inform us immediately. Changes to your registration details should be made online via the Contact Us section of the website with which you are registered.
7.2 We reserve the right to refuse to accept any application to register on our website for any reason. Registrants to our website must keep their passwords confidential.
8 Bulletin Boards
8.2 All postings received will be assumed to be for publication and any further use, at our discretion, on an exclusive, royalty free, perpetual basis.
8.3 We expect those contributing to our message boards to have information or views about the matters discussed, but the website is subject to the laws of libel and you could be sued if you are not careful in what you say. If contributing to a bulletin board you should not make libellous postings or any postings which are illegal or breach copyright, database or other related rights. It is your responsibility to check this out and we do not accept any liability in this respect.
8.4 If you see any information on a bulletin board which breaches yours or anyone else’s rights or may be illegal, defamatory or otherwise should be removed, let us know immediately and, where we agree, we shall do our best to remove it as soon as possible.
8.5 If you breach the provisions or the Acceptable Use Policy, you must indemnify (pay) us for any losses we suffer.
8.6 Although we listen to everyone’s suggestions for new message boards, we cannot guarantee to include every topic everyone requests.
8.7 We reserve the right to remove postings to message boards or edit them at our discretion but have no obligation to do so.
8.8 Registered users must ensure only they use those message boards and they do not allow non-registrants to use them using a registered user’s own password.
9 Viruses hacking and other offences
9.1 You must not misuse our website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack.
9.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
9.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.
10 Acceptable Use Policy
10.1 You may use our website only for lawful purposes. You may not use our website:
10.1.1 In any way that breaches any applicable local, national or international law or regulation.
10.1.2 In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
10.1.3 For the purpose of harming or attempting to harm anyone in any way.
10.1.4 To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
10.1.5 To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
10.1.6 To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
10.2 You also agree:
10.2.1 Not to reproduce, duplicate, copy or re-sell any part of our website in contravention of the provisions of our terms of website use.
10.2.2 Not to access without authority, interfere with, damage or disrupt:
10.2.2.1 any part of our website;
10.2.2.2 any equipment or network on which our website is stored;
10.2.2.3 any software used in the provision of our website; or
10.2.2.4 any equipment or network or software owned or used by any third party.
10.3 We may from time to time provide interactive services on our website, including, without limitation:
10.3.1 Chat rooms.
10.3.2 Bulletin boards.
10.4 Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
10.5 We will do our best to assess any possible risks for users (and in particular, children) from third parties when they use any interactive service provided on our website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
10.6 The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
10.7 Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
10.8 These content standards apply to all material which you contribute to our website (contributions), such as through bulletin boards and to any interactive services associated with it.
10.9 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
10.10 Contributions must:
10.10.1 Be accurate (where they state facts).
10.10.2 Be genuinely held (where they state opinions).
10.10.3 Comply with applicable law in the EU and in any country from which they are posted.
10.11 Contributions must not:
10.11.1 Contain any material which is defamatory of any person.
10.11.2 Contain any material which is obscene, offensive, hateful or inflammatory.
10.11.3 Promote sexually explicit material.
10.11.4 Promote violence.
10.11.5 Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
10.11.6 Infringe any copyright, database right or trade mark of any other person.
10.11.7 Be likely to deceive any person.
10.11.8 Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
10.11.9 Promote any illegal activity.
10.11.10 Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
10.11.11 Be likely to harass, upset, embarrass, alarm or annoy any other person.
10.11.12 Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
10.11.13 Give the impression that they emanate from us, if this is not the case.
10.11.14 Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
10.12 We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our website. When a breach of this policy has occurred, we may take such action as we deem appropriate.
10.13.1 Immediate, temporary or permanent withdrawal of your right to use our website.
10.13.2 Immediate, temporary or permanent removal of any posting or material uploaded by you to our website.
10.13.3 Issue of a warning to you.
10.13.4 Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
10.13.5 Further legal action against you.
10.13.6 Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
10.14 We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
10.15 Countries from which we permit resident users to make purchases using this website
Country Restrictions on transactions available (in addition to those stated in our terms and conditions)
For countries outside of the European Economic Area, please contact:
Tel: +41 41 761 56 56
Changes to the acceptable use policy
10.16 We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our website.
11 Barring from the website
11.1 We reserve the right to bar anyone from our websites, on a permanent or temporary basis at our discretion. Any such person shall be notified and must not then attempt to use our website under any other name or through any other user.
12 Legal Jurisdiction and Dispute Resolution
13 Data Protection
14 Transactions concluded through our website
14.1 Contracts for the supply of our products formed through our website or as a result of visits made by you are governed by our terms and conditions of supply.
15.1 Users may print and keep a copy of these terms for reference. They are a legal agreement between us and can only be modified with our consent.
15.2 We may revise this legal notice at any time by updating these terms. You should check our website from time to time to review the current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages on our website.
15.3 Any formal legal notices should be sent to us at the address below by email or by post.
15.4 Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer their rights under these terms.
15.5 Nothing in these terms is intended to, nor shall it, confer any benefit on a third party whether under the contracts (Rights of Third Parties) Act 1999 or otherwise.
15.6 We may amend these terms at any time by posting a variation on our website.
- Further Information
16.1 Further information on these terms or any queries on them can be obtained from:
Address: Phytoceutics, Switzerland
Entire Agreement; Severability; No Waiver
Our failure to exercise or enforce any right or provision in these terms will not constitute a waiver of that right or provision or any other rights or provisions included within the terms.
How to Contact Us
If you have any questions or comments about these terms or the website, please contact us by:
Telephone: +27 (21) 421 9144
Coyne HealthCare (Pty) Limited
Tel: +41 41 761 56 56