Terms and Conditions

Terms of Service for Skinlabb (Pty) Ltd in respect of drkhozadermatologist.co.za 

1. Introduction

1.1. Welcome to www.Durbanskindoctor.co.za and Skinlabb. We are an online retailer offering skin care and beauty services, through Durban Skin Doctor, as well as offering skin products through Skinlabb.

1.2. We want your interactions with us to be as transparent and pleasant as possible and we want you to enjoy using our services and products. As such, if there is anything that you do not understand or may need clarity on, please do not hesitate to contact us and let us know. It is your responsibility to do so, because if you do not ask, we will not know you that are experiencing any difficulties.

1.3. These Terms of Service (“TOS”) govern the use of drkhozadermatologist.co.za (“the Website”) owned and operated by Skinlabb (Pty) Ltd with registration number 2018/074122/07. (“Skinlabb”) The Website encompasses all the pages contained within the Website.

1.4. The terms “Skinlabb” or “us” or “we” refers to the owner of the website whose registered office is at, Ground Floor, Suite 5, Lenmed Ethekwini Hospital and Heart Centre, 11 Riverhorse Valley, Newlands East, Durban, 4037 and with its postal address at Cotswold Downs Estate, Box 245, 3610.

1.5. The term ‘you‘ or “your” refers to the user or viewer of our website.

1.6. These terms and conditions apply to anyone who is a “consumer” under the Consumer Protection Act 68 of 2008 (“the CPA”).

1.7. We confirm that we are a supplier as envisaged in the Electronic Communications Act 25 of 2002(“ECTA”) All the relevant supplier information to be disclosed can be found

1.8. By using the Website, you expressly agree to all the provisions contained herein.

1.9. If you do not accept any of these provisions, then you should not use the Website. 

1.10. If you are under the age of 18, you are not allowed to use the Website.

1.11. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following TOS, which together with our privacy policy and payment policy (which can be accessed here) govern our relationship with you in relation to this website.

1.12. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. PLEASE PAY ATTENTION TO PROVISIONS THAT EXCLUDE OR LIMIT LIABILITY, CREATE RISK OR LIABILITY FOR YOU, REQUIRE INDEMNIFICATION ON YOUR PART OR SERVE AS ACKNOWLEDGMENT OF A FACTUAL OR LEGAL SITUATION AS WELL AS TERMS OF DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION, WHICH MAY APPEAR IN BOLD AND CAPITAL LETTERS.

2. Intellectual Property Rights

2.1. Skinlabb and our third-party partners are the legitimate owners of the content of the Website and the content on the Website is protected by the relevant copyright laws of the Republic of South Africa This content which is owned by or licensed to us includes, but is not limited to, the design, layout, look, appearance, graphics, digital downloads, images, texts, graphics, logos.

2.2. Reproduction is prohibited unless permission is requested from us through our customer support line.

2.3. You are permitted to download or print portions of this site for your personal use only. Saved portions of this site on your personal computer may only be used for information purposes. You may not construct any database or in any way use any data original to the site for commercial purposes. No part of the Website may be displayed on any other web site or distributed in any electronics or non-electronic form whatsoever without the express written permission of Skinlabb.

2.4. All trademarks reproduced in the Website which are not the property of, or licensed to us are acknowledged on the Website.

2.5. Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence.

2.6. Unless otherwise stated, copyright in all materials presented in this site is owned by us or its content and technology providers. The authors of all the works presented in this site have asserted their rights of ownership to their work.

2.7. We reserve the right to make changes to this copyright document at any time, and such changes on our part are deemed to be binding on all users. It is the user’s responsibility to refer to this document from time to time in order to monitor any such changes.

3. Acceptable and unacceptable use of the website and content 

3.1. You may not use this Web site to obtain or distribute:

3.1.1. copyrighted material or material protected by laws relating to intellectual property rights without the permission of Skinlabb;
3.1.2. material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software;
3.1.3. material which is defamatory, unlawful or contains hate speech; or
3.1.4. bulk e-mail, whether solicited or unsolicited.

3.2. You must not interfere with or jeopardise the functionality or the operation of any part of the Website or attempt to interfere with or jeopardise, disrupt, disable, harm or otherwise impede in any manner the functionality or operation of any part of the Website

3.3. You are strictly prohibited from using this Website for “spoofing”, “hacking”, “flaming”, “cracking”, “phishing” or “spamming” or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts.

3.4. You may not intercept any information transmitted to or from us or this Website which is not intended by us to be received by you.

3.5. You must respect other users of this Website at all times. You must not:

3.5.1. post, transmit or otherwise make available, through or in connection with the Web Site anything that is or may be threatening, harassing, degrading, fraudulent, wrongful, obscene, indecent or otherwise objectionable;
3.5.2. harvest or collect personally identifiable information about other users of the Website;
3.5.3. restrict or inhibit any other person from using the Website (including hacking or defacing any portion of the Website;
3.5.4. use the Website to advertise or offer to sell or buy any goods or services without the Owner’s express written consent; *reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, or access to the Website; and
3.5.5. create a database by systematically downloading and storing all or any Website content.

3.6. You may use this Website to:

3.6.1. browse and print the Website content;
3.6.2. leave comments on the various blog posts, opinion polls and/or bulletin boards; and
3.6.3. participate in any competition or promotion conducted through the Website

3.7. We also reserve the right to ban users and terminate any user accounts that violate the restrictions and conditions contained herein, based on user activity.

3.8. Visitors may post content as long as it is not obscene, illegal, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or injurious in any other way to third parties. Content has to be free of software viruses, political campaigns, and commercial solicitation.

3.9. We reserve all rights (but not the obligation) to remove and/or edit such content. When you post your content, you grant Skinlabb non-exclusive, royalty-free and irrevocable right to use, reproduce, publish, modify such content throughout the world in any media.

3.10. Any enquiries, feedback, suggestions, ideas or other information you provide to us, except submissions of a personal and confidential nature relating to Your medical condition and/or medical history, will be treated as non-proprietary and non- confidential.

4. Limitation of Liability and Disclaimer

4.1. SKINLABB SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

4.2. YOU HEREBY INDEMNIFY SKINLABB AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

4.3. BY USING THE WEBSITE, YOU AGREE TO THE FULL EXTENT PERMITTED BY LAW THAT THE WEBSITE AND THE TRANSACTION SERVICES ARE PROVIDED ON THE “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASES, AND SKINLABB MAKES NO REPRESENTATION OR WARRANTY THAT THE TRANSACTION SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE.

4.4. SKINLABB MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY, TRUTHFULNESS AND COMPLETENESS OF THE INFORMATION PROVIDED BY ANY OTHER THIRD-PARTY SITES. YOU WILL BE SOLELY RESPONSIBLE FOR ALL CONSEQUENCES RESULTING FROM YOUR OWN JUDGEMENT AND DECISION TO USE OR OTHERWISE RELY ON SUCH INFORMATION. SKINLABB AND OUR AFFILIATES FURTHER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY DISCLAIMED AND EXCLUDED.

4.5. TO THE FULL EXTENT PERMITTED BY LAW, SKINLABB SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF DATA, WHETHER IN CONTRACT, NEGLIGENCE, DELIC, EQUITY OR OTHERWISE, ARISING FROM THE USE OF OR INABILITY TO USE THE TRANSACTION SERVICES.

4.6. NOTHING IN THESE TOS IS INTENDED TO AFFECT ANY OTHER RIGHTS THAT MAY BE APPLICABLE TO YOU IN TERMS OF OTHER RELEVANT CONSUMER LAWS.

4.7. IT IS YOUR RESPONSIBILITY TO CONSULT A QUALIFIED MEDICAL PRACTITIONER REGARDING THE SUITABILITY OF ANY OF THE PRODUCTS OR SERVICES OFFERED. THE PRODUCTS OFFERED BY SKINLABB SHOULD NOT BE USED AS A SUBSTITUTE FOR MEDICAL CARE, AS SELF-MEDICATION NOR TO TREAT ANY FORM OF HEALTH CONDITION. YOU SHOULD ALWAYS CONSULT WITH A PROFESSIONAL DOCTOR OR MEDICAL PROVIDER BEFORE CHANGING ANY HEALTH OR BEAUTY PRACTICES, PARTICULARLY IF YOU SUFFER FROM ANY PRE-EXISTING HEALTH CONDITIONS.

4.8. SPECIAL PRECAUTION MUST BE TAKEN IN THE CASE OF WOMEN WHO ARE PREGNANT OR BREASTFEEDING, AS CERTAIN SKINLABB PRODUCTS CONTAIN ESSENTIAL HERBS AND OILS WHOSE SAFETY FOR USE HAS NOT BEEN ESTABLISHED IN THESE INDIVIDUALS.

4.9. SKINLABB IS NOT RESPONSIBLE FOR ANY INDIVIDUAL ADVERSE REACTION DUE TO THE USE OF ITS PRODUCTS. THE USE OF OUR PRODUCTS IS SOLELY AT THE END USER’S RISK.

4.10. IF YOU HAVE SENSITIVE SKIN, PLEASE DO A PATCH TEST BEFORE USE. IF USE CAUSES AN ADVERSE SKIN REACTION, THEN DISCONTINUE USE IMMEDIATELY, AND SEE YOUR DOCTOR OR PHARMACIST IF NO RELIEF COMES FROM RINSING THE AFFECTED AREA IN COOL WATER OR YOU ARE A CONCERNED ABOUT ANY SIDE EFFECTS YOU MAY HAVE WHILST USING SKINLABB PRODUCTS.

4.11. The data presented on this site is for informational purposes and should not be construed as advice of any nature. Furthermore, Skinlabb makes no warranty, express or implied, nor any representations, with regard to any products featured (including, without limitation, warranties of fitness, merchantability, non- infringement or any implied warranties arising out of a course of performance, dealing or trade usage), and the same are hereby excluded.

4.12. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements

4.13. Accuracy and availability of the Website

4.13.1. In addition, Skinlabb makes no representation that the operation of our site will be uninterrupted or error-free and we will not be liable for the consequences of any interruptions or errors.
4.13.2. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
4.13.3. Skinlabb cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Skinlabb, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our telephone line or e-mail.

4.14. Third Party Links

4.14.1. From time to time this website may also include links to other websites. (“other web sites”) External contributors such as advertisers and users will be deemed responsible for all content that they have contributed, and will be held accountable if it infringes any law, whether national or international. The accuracy of such contributions is entirely the responsibility of the external party. Skinlabb is not responsible for the content of the websites that the links on your website lead to.
4.14.2. You are responsible for reading third party websites’ privacy policy and terms and conditions. Your use of other webites or the products or services of third parties will be entirely at your own risk. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s).
4.14.3. Subject to the provisions of the ECTA and the CPA, Skinlabb shall not be liable for any loss, liability, expense, claim, penalty or damage, whether direct, indirect, special or consequential, arising from or related to the reliance on, use or attempted use of other webites or the opinions, products or services of third parties.
4.14.4. You may not make (and You may not allow any third party to make) any reference to the Skinlabb, the Web Site or the Website content, whether by way of a link or otherwise, where the reference could in any way be interpreted as an endorsement, affiliation, or recommendation by Skinlabb in relation to you or a third party, or of your services, products, opinions or conduct or those of a third party.

4.15. Skinlabb may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.

5. Indemnification

5.1. To the full extent applicable, you agree to indemnify Skinlabb and our affiliates, employees, directors, officers, agents and representatives and to hold them harmless, from any and all losses, damages, actions, claims and liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, from your use of the products or services offered by Skinlabb or from your breach of these TOS.

6. Governing Law & Jurisdiction 

6.1. Jurisdiction

6.1.1. These TOS will be governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the Kwa-Zulu Natal High Court, Durban, in the event of any dispute.

6.2. Severability

6.2.1. If any of the provisions of these TOS 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 TOS, and the remainder of these TOS will continue in full force.

6.3. Whole Agreement

6.3.1. These TOS 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.

6.4. Variation of Terms

6.4.1. Other than as provided for above, no variation of, addition to, deletion or agreed cancellation of these TOS (and the agreement between Skinlabb and you) will be of any force or effect unless in writing and unless accepted in writing by or on behalf of the parties hereto

6.5. Non-Waiver

6.5.1. Any favour we may allow you will not affect or substitute any of our rights against you. Nothing contained in these TOS shall be construed as creating any agency, partnership or other form of joint enterprise between yourself and us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

6.5.2. 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.

6.6. Assignment

6.6.1. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party. Assignment. Alibaba.com shall have the right to assign this Agreement (including all of our rights, titles, benefits, interests, and obligations and duties in this Agreement) to any of our affiliates and to any successor in interest. Alibaba.com may delegate certain of Alibaba.com rights and responsibilities under this Agreement to independent contractors or other third parties. You may not assign, in whole or part, this Agreement to any person or entity.

6.7. Nothing in this clause 13 or the TOS limits your right to approach any court, tribunal or forum of competent jurisdiction.

6.8. Domicillium Citandi

6.8.1. Skinlabb hereby selects Suite 5, Ground floor, Lennmed Ethekwini Hospital and Heart Centre, 11 Riverhorse Valley, Newlands East, Durban, 4037 as its address for the service of all notices and legal process in connection with these TOS (“legal address”). Skinlabb may change this address from time to time by updating these TOS.

6.8.2. You hereby select the delivery address specified by you with your order as your legal address, but you may change it to any other physical address by giving Durban Skin Doctor not less than 7 days’ prior notice in writing.

6.9. Notices must be sent either by hand, or by email and must be in English. All notices sent –

6.9.1. by hand will be deemed to have been received on the date of delivery;

6.9.2. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.

6.10. The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from here.

6.11. While the Electronic Communications and Transactions Act 2002 (Act 25 of 2002) is the core piece of legislation regulating e-commerce in South Africa, the Consumer Protection Act 2008 (Act 68 of 2008) and the Protection of Personal Information Act 2013 (Act 4 of 2013) also play a key role in governing e-commerce transactions. These TOS are drafted in accordance with the applicable legislation.

6.12. The use of this Website is granted by Skinlabb to you free of charge and for no consideration. Therefore, Section 56 of the CPA does not apply to these TOS, to the extent that there is no implied warranty that this Website and the Website content complies with the requirements and standards contemplated in Section 55 of the CPA.

7. Supplier Information

7.1. The supplier is Skinlabb (Pty) Ltd (“Supplier”),a private company duly registered and existing under the laws of South Africa with registration number: (2018/074122/07 ) with its physical address at Ground Floor, Suite 5, Lenmed Ethekwini Hospital and Heart Centre, 11 Riverhorse Valley, Newlands East, Durban, 4037 and with its postal address at Cotswold Downs Estate, Box 245, 3610. Contact Skinlabb on telephone number: 031 581 2543 and Fax number: 031 581 2545. The Supplier’s place of registration is at 95 Inanda Road, 16 Woodchester Way, Hillcrest, 3610 . The Supplier will accept legal service at Ground Floor, Suite 5, Lenmed Ethekwini Hospital and Heart Centre, 11 Riverhorse Valley, Newlands East, Durban, 4037); The supplier’s director is Dr Nokubonga Khoza. The main business of the Supplier is that of an online retailer of skin care and beauty services. The Supplier’s website is www.DurbanSkinDoctor.co.za and its email address is info@Durbanskindoctor.co.za.