Terms of Use – Journey Wellness Website

Revision Date: 22 July 2021

By accessing and using this website located at the [www.journeywellness.co.za] domain (the “Website”) and managed and owned by Journey Wellness, you are agreeing to these general terms that regulate your use of the Website (the “Terms of Use”). Any reference to these Terms of Use includes a reference to our Privacy Policy.

In the Republic of South Africa, Journey Wellness operates through [Cortex Health (Pty) Ltd], a limited liability company. [Cortex Health (Pty) Ltd] forms part of the Cortex Group of Companies. [Cortex Health (Pty) Ltd] is referred to in these Terms of Use as “we”, “us”, or “our” and “you” or “your” refers to you as the user of or visitor to the Website. Although parts of these Terms of Use may reference other entities in the Cortex Group of Companies, these Terms of Use are strictly between you and us and not with any of the other entities in the Cortex Group of Companies

  1. USE AND RESTRICTIONS

1.1. Unless otherwise indicated herein, and on the condition that you comply with all of your obligations under the Terms of Use, we grant you a limited, revocable license to use the Website for personal and non-commercial purposes only.

1.2. You must give us true and accurate details about yourself when you interact with us.

1.3. We reserve the right to restrict, suspend or terminate your access to and use of this Website or any part thereof at our sole discretion.

1.4. In accessing and using the Website, you may not:

1.4.1. distribute any content from the Website without our prior written consent and then only if the copy of the content includes a copyright notice attributing ownership of the content to Journey Wellness;
1.4.2. copy or use any software, proprietary processes, or technology embodied or described in this Website owned or used exclusively by any of the Cortex Group of Companies;
1.4.3. use any technology including but not limited to crawlers or spiders to search the Website or obtain information from the Website;
1.4.4. frame the Website or any of the webpages;
1.4.5. link to the Website in a manner other than through the homepage; and
1.4.6. deep-link to any other webpages in a way that would suggest that you own the intellectual property that belongs to us.

1.5. You will comply with any and all applicable laws in accessing and using this Website.

  1. PRIVACY POLICY

2.1. We will take all reasonable steps to secure your Personal Information (as this term is defined in our Privacy Policy, a copy of which can be found at www.journeywellness.co.za] or can be requested from Journey Wellness through the [“Contact Us”] [feature] on the Website).

2.2. We will only use your Personal Information in terms of our Privacy Policy.

  1. INTELLECTUAL PROPERTY RIGHTS; NO USE OF NAMES OR LOGOS

3.1. Unless otherwise indicated, the content including but not limited to design, graphics, trademarks, data, software, textual content, hyperlinks or databases (the “Content”) on this Website is provided by us. This Website and its Contents are the property of Journey Wellness or the applicable third party that has licensed us to use their intellectual property (the “licensor”) and is protected by copyright, trademark, and other laws of the Republic of South Africa and/or any other applicable foreign legislation. We and our licensors reserve all rights not expressly granted in these Terms of Use and any infringement of our or our licensor’s intellectual property rights will be dealt with under the applicable laws.

3.2. “Journey Wellness”, the Journey Wellness logo(s), and variants of the foregoing, and certain product names that appear on this Website, including the Website address and the name “Journey Wellness”, are either trademarks or registered trademarks of, or in the process of being registered as trademarks of Journey Wellness or entities within the Cortex Group of Companies. Except as expressly provided in these Terms of Use, you shall not use the name “Journey Wellness”, the Journey Wellness logo(s), or variants of the foregoing intellectual property or trademarks (the “trademarks”), either alone or in combination with other words or design elements. You may not use any of the trademarks in any press release, advertisement, or other promotional or marketing material or media, whether in written, oral, electronic, visual or any other form, except if expressly permitted in writing by Journey Wellness. To request written permission, use the [“Contact Us”] [feature] on the Website.

3.3. References to other parties’ intellectual property or proprietary information on this Website are for identification purposes only and do not indicate that the parties have approved this Website or any of its contents. These Terms of Use do not grant you any right to use intellectual property or proprietary information of other parties.

  1. DISCLAIMERS AND LIMITATIONS OF LIABILITY

4.1. THIS WEBSITE (INCLUDING WITHOUT LIMITATION ANY CONTENT OR OTHER PART THEREOF) CONTAINS GENERAL INFORMATION ONLY, AND WE ARE NOT, BY MEANS OF THIS WEBSITE, RENDERING PROFESSIONAL ADVICE OR SERVICES. BEFORE MAKING ANY DECISION OR TAKING ANY ACTION FROM OR BASED ON ANY INFORMATION CONTAINED ON THIS WEBSITE THAT MIGHT AFFECT YOUR HEALTH AND MENTAL WELLNESS, YOU SHOULD CONSULT AN APPROPRIATELY QUALIFIED PROFESSIONAL.

4.2. THIS WEBSITE IS PROVIDED “AS IS”, AND MAY NOT BE SUITABLE FOR A PARTICULAR USER’S NEEDS. WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING IT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THIS WEBSITE WILL BE SECURE, FREE FROM ERRORS OR OMISSIONS, FREE FROM INTERRUPTIONS, VIRUSES OR MALICIOUS CODE, OR WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, AND ACCURACY.

4.3. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OR INABILITY TO USE, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO LOSS OF SERVICE OR DATA. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, STATUTE OR DELICT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, RELATING TO OR ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS WEBSITE, EVEN IF WE KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF THE DAMAGES.

4.4. CERTAIN LINKS ON THIS WEBSITE MAY LEAD TO WEBSITES, RESOURCES OR TOOLS MAINTAINED BY THIRD PARTIES OVER WHOM WE HAVE NO CONTROL. ACCESS TO THESE WEBSITES, RESOURCES AND TOOLS ARE PROVIDED FOR CONVENIENCE ONLY AND SHOULD NOT BE CONSTRUED AS AN ENDORSEMENT BY US OF THE THIRD PARTIES, THEIR WEBSITES, RESOURCES OR TOOLS OR ANY CONTENT DISPLAYED ON THE WEBSITES, RESOURCES OR TOOLS. WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OR CORRECT FUNCTIONING OF THESE WEBSITES, RESOURCES AND TOOLS AND HAVE NO CONTROL OVER THE CONTENT. WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING THESE WEBSITES, RESOURCES AND TOOLS AND DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS, DAMAGE OR INCONVENIENCE SUFFERED AS A RESULT OF YOUR ACCESS AND/OR USE OF THESE WEBSITES, RESOURCES AND TOOLS.

4.5. THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY SHALL BE APPLICABLE NOT ONLY TO US BUT ALSO TO EACH OTHER ENTITY WITHIN THE CORTEX GROUP OF COMPANIES AND TO OUR AND THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, DIRECTORS, AGENTS AND CONTRACTORS.

4.6. THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE APPLICABLE TO THE FULLEST EXTENT PERMITTED BY LAW, WHETHER IN CONTRACT, STATUTE, DELICT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE.

  1. APPLICABLE LAW
    These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of South Africa. You hereby consent to the exclusive jurisdiction of the High Court of the Republic of South Africa in respect of any disputes arising in connection with your access and/or use of this Website.

  2. ADDITIONAL TERMS

6.1. If any portion of these Terms of Use is invalid or unenforceable in any jurisdiction, then (i) in that jurisdiction it shall be re-construed to the maximum effect permitted by applicable law in order to effect its intent as nearly as possible, and the remainder of these Terms of Use shall remain in full force and effect, and (ii) in every other jurisdiction, all of these Terms of Use shall remain in full force and effect.

6.2. We may amend and revise these Terms of Use at any time in our sole discretion by posting the amended or revised Terms of Use on this Terms of Use page or elsewhere in this Website.