Terms & Conditions

THIS IS A LEGALLY BINDING AGREEMENT. THE TERMS OF USE AND TERMS & CONDITIONS OF SALE (“TERMS”), TOGETHER WITH OUR PRIVACY POLICY AND DISCLAIMER FORM A LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU (“YOU” OR “CUSTOMER”) AND Progress Health AND SHOULD BE READ AND UNDERSTOOD CAREFULLY.
THIS AGREEMENT GOVERNS YOUR ACCESS TO AND THE USE OF THIS WEBSITE, ANY ORDERS PLACED BY YOU THROUGH THIS WEBSITE, BY TELEPHONE, OR ANY OTHER ACCEPTED METHOD OF PURCHASE AND, AS MAY BE APPLICABLE, YOUR USE (OR ATTEMPTED USE) OF THE PRODUCTS OFFERED ON, OR AVAILABLE THROUGH THIS WEBSITE.

 

1. Privacy & Security Disclosure
Our privacy policy may be viewed on this website and forms part of these terms. We reserve the right to modify the privacy policy in our reasonable discretion, from time-to-time.

2. Products Sold are for your personal use only
You agree that any products you purchase from us and/or via this Website will only be used for your own personal and non-commercial use. You hereby agree that you will not (or attempt to) resell, re-distribute, modify, alter, or export any of the products that you order from the Website.

3. Payment Methods
All charges are in South African Rands (ZAR), unless otherwise stated. We accept South African issued credit and debit cards from Visa and MasterCard. American Express, and Discover cards are not accepted at this time.
When placing an online order on our website, you will need:
a. The Billing Address of the card (normally where the statement is sent)
b. The card number (PAN) and expiration date (MM/YY)
c. The 3 or 4 digit code  (CVV2 code) found on the back of card next to the signature panelBy submitting credit or debit card information or other payment information to us or our payment service providers, you represent and agree that:
(1) you are fully entitled to use or make payments from that card or bank account;
(2) payment information provided is complete and accurate;
(3) you are responsible for paying any related credit card or bank fees; and
(4) that sufficient funds exist in your account(s) to pay us the amount(s) due to us.

We and/or our third party payment service providers (PSP) may request further identifying information from you should it be suspected that an order may be fraudulent or carry significant risk of non-payment. You agree to provide such information to us in order to make a determination of the validity of your order. Such information may include documents identifying you (South African ID or valid national Passport) and/or proof of physical address such as utility bills and/or bank statements.
We are not responsible for any charges or fees that your bank or credit card issuer may charge. If your credit card issuer or bank reverses a charge to your card for any reason, we may bill you directly and seek payment by another method including a statement mailed to you.

4. Ordering Disclaimer
Your electronic order confirmation (usually delivered via email), or any form of order and or payment confirmation, does not signify our acceptance of your order. We do reserve the right to accept an order and/or deny shipment to anyone for any reason. In the event we decide to deny your order, you will be refunded the full amount, back to your original form of payment. We reserve the right to require additional information from you before processing any order or refund. Refunds for orders paid via debit card or EFT may require that you provide us with a copy of your bank statement for account verification and Financial Intelligence Centre Act (FICA) regulations.

5. Shipping Policies
We ship orders within South Africa using courier services. Depending on product availability, orders shipped usually arrive within 4 to 6 business days, depending on destination and various other factors such as delays and time of year. Providing us with you accurate shipping address, email address and phone number are required. We cannot be held liable or responsible for late shipments or missing shipments should you enter incorrect shipping address information. If you notice that you have made a mistake with your order once you have submitted it on the Website, please contact us immediately to have it changed. You agree to contact us as soon as possible to modify or cancel your pending order(s). Please note, we frequently will ship your order the same day that you place an order, so we cannot guarantee that we will be able to amend orders when requested to do so.

6. Delivery Confirmations
Because many instances may occur at your delivery address that are beyond our control, you agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to the card holder, even without a signature.

9. Satisfaction Guaranteed Return Policy
If you are unsatisfied with our product, or if it arrives damaged, you may return the product (30) days from the date that the product was originally delivered to you for a full refund (minus shipping charges, you are responsible for arranging the return shipping and for paying those charges). All returns must first be authorised by us. You must contact our Customer Service team first to arrange a return. We will provide you with a unique reference (Return Merchandise Authorisation, or "RMA"). You must mark your returned package with this RMA reference. We may not be able to process your return without a valid RMA.

The following terms apply to all returned items:
• To return a product for an exchange or full refund, please call or email us and you will be given a Return Merchandise Authorisation (RMA) number and address details for shipping.
• We cannot process or refund any packages marked “Return to Sender.”
• Refunds can only be issued to the same credit card or method of payment that was charged when placing the order.
• Shipping charges and any return shipping charges are not refundable by us in any case.
• To ensure your refund is processed, please only send returns to the address provided by us, along with the RMA number.
• The RMA number MUST be clearly written on the package that you return.
• Our shipping department is NOT able to accept any packages without an RMA number.

We are not responsible for lost or stolen return packages. We recommend all returned orders be shipped using a courier that provides a Proof of Delivery (POD) confirmation document.
After we receive your return, it may take 5-7 (business) days for us to process your return, approve it and to initiate a refund your order. Once your refund is processed and approved, it could take up to 30 business days for the funds to be credited to your account.

10. Changes in Pricing
We reserve the right to adjust our pricing for any products, in any manner and at any time, using our sole and absolute discretion. We are not required to notify you of any pending price changes.

11. Pricing Errors
We endeavour not to make pricing mistakes but pricing errors may occur on our Website. Should the correct price of our product be higher than its stated price, we may at our discretion, either contact you for instruction before shipping, or cancel your order and notify you of a discrepancy and subsequent order cancellation.

13. Results Will Vary
Each person has a different body, history and make up. Therefore, individual results will vary from customer to customer. We cannot guarantee the product will work for you or provide the desired or advertised results for every person. If you are not satisfied with the product, the only remedy is to return the product for a refund or exchange, as per the returns and exchanges terms. You understand that exercise and a healthy diet are an important part of any lifestyle.

14. No Medical Treatment or Diagnosis is warranted
We are committed to helping you improve your lifestyle through use of our products. You are aware of, and understand that our products and the statements on the website have not been evaluated by the SAHPRA or medical professionals, and the products and information on our Website are never intended to diagnose, treat, cure or prevent any health problems, illnesses, or diseases. All information on the Website, or that may be provided to you in emails or other communications is designed for informational purposes only and is not intended to be a substitute for informed medical advice or care delivered by a qualified health professional. You further understand and agree that the products are not intended for use by persons under eighteen (18) years of age and that the products should never be used to treat any type of medical condition or health problem. You agree to immediately cease using the products if you experience any ill effects, averse reactions unintended side effects. We do not

15. Disclaimers of Warranties
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW;

THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE OR OUR PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERROR

16. Limitations of Liabilities
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW;
IN NO EVENT SHALL PROGRESS BIOLABS OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT, REGARDLESS OF WHETHER PROGRESS BIOLABS HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WA

18. Use of this Website
This Website and its contents, features, functionalities, information, text, trademarks, displays, photographs, graphics, and designs (collectively, “Progress Health Content”) are owned or licensed by Progress Biolabs.  The Website and the Progress Health Content are protected by copyright, trademark, trade secret, and other intellectual property or proprietary rights laws. Except as otherwise provided herein, this Website, the Progress Health Content, or any portion of this Website may not be reproduced, duplicated, copied or otherwise exploited for any purpose without our express written consent. You may not use any of our trademarks or service marks in meta tags without prior explicit consent. You acknowledge and agree that if you use the Website or any other Progress Health Content in violation of these Terms of Use or any laws or regulations, you may be subject to civil liability or criminal prosecution.
The use of the Website is governed by South African law. Any dispute arising from the use of the Website pertaining to these terms and conditions shall be brought before the competent court in Cape Town, South Africa.

19. Reviews, Testimonials and Suggestions
We may use testimonials and/or product reviews in whole or in part, together with the name and/or state or country of the person submitting the testimonial, review or suggestion. Testimonials may be used in any form of activity relating to our products, whether printed and/or in online media, we determine, in our absolute discretion. Testimonials represent the unique experience of the customer(s) submitting them, and may not necessarily reflect the experience that you may have when using our products.

Anything that you submit or post to our Website and/or provide us with, including (without limitation): photographs, comments, testimonials, ideas, techniques, questions, know-how, reviews and suggestions (collectively called “submissions”) will be treated as non-confidential and non-proprietary. We shall have royalty-free, worldwide, irrevocable, perpetual and transferable rights to use, copy, display, distribute, , publish, perform, lease, sell, adapt, transmit and create any and all derivative works from such submissions, by any means and in any form. You also represent and warrant that you are the owner of, or have sufficient rights to, share any submission with us.  Any submission shall automatically become our exclusive and sole property with immediate effect and shall not be returned to you.
We reserve the right to correct any typing or grammatical errors and to shorten any testimonials prior to their publication or use, and to review any testimonials prior to publication or use. We are under no obligation to use any, or any part of any, submission. By submitting a testimonial, you confirm that you have read, understood and agree to all of these terms. If you disagree with any of the terms, you should not submit a testimonial.

21. Changes to Terms and Conditions
We may, from time to time, at our sole discretion, change these Terms and Conditions, including our Privacy Policy.  We may opt to notify you of any changes by posting the new Terms and Conditions on our Website or by sending a notice (if applicable) to you. All revisions are effective immediately, unless otherwise stated. Your continued use of our Website, following the updates, shall mean that you accept and agree to any changes.

22. General
No joint venture, employment, partnership or agency relationship is created or exists between you and us as a result of you receiving any product from us, or by you using this Website. Our failure to enforce any rights or provisions in these Terms and Conditions shall not constitute any waiver of such rights or provisions, unless acknowledged and agreed to by us, in writing.
These Terms and Conditions, along with the website order form you fill out when you purchase a product, comprise the entire agreement between you and us. This agreement supersedes all prior or negotiations, discussions or agreements, whether written or oral, between the parties.