Terms & Conditions

WEBSITE TERMS OF USE

Accessing and/or use of the website
Momentum Wellness, which by implication includes any of its affiliates, subsidiary(s), assignees or agents. (“we”), request that you take the time to read through the terms and conditions applicable to you as the user (with reference to any party accessing this website (being the Phela website to which these Terms apply, whether directly or indirectly and whether for personal use or not), as there are conditions applicable to you as the user, irrespective of whether you merely accessed the website for browsing, wish to rely on any information contained therein, or intend subscribing thereto. All of these instances, which are not exclusive or limited, will be regarded as ‘access’ by you as the ‘user’.

By accessing or using the website, you unconditionally agree to oblige with and comply with these terms (being the “Terms of Use”), and we reserve the right, to without notice, effect any changes or updates to the website and these Terms of Use. We request that you therefore, consider these Terms of Use regularly (whether it is this version or an updated version, every time you access the website, as there may have been changes made to the Terms of Use, and your continued use or accessing of the website following the posting of any changes made, will constitute an acceptance of those changes, updates or amendments.

Website content
Any information, irrespective of the format or appearance thereof, which is contained, visible, referred to, contained in a link or anywhere displayed on the website, or a link referred to in the website “content”, is for informative purposes only and does not constitute medical advice nor do we by inclusion of any content, endorse any opinions, or other information, medical procedures, medicine or any products referred to or contained on the website.

The website and the content are provided without any representations or guarantees as to the correctness or veracity of the content and your access or use of the website is at your own risk.

Third party links or references on website
Should any link on the website relate to a third party’s services or products, or website or anything related to such third party, you acknowledge that your use thereof, or access thereto, is completely independent of our website and you have to familiarize yourself with the terms of that third party’s website or their services.

Under no circumstances whatsoever does a link on our website to a third party provider bound us to their products, nor does it constitute a warranty as to their products or services, or the information displayed on their respective websites, and we will not accept liability for any claims pertaining to such third parties, whether it arises from their product or services offerings, or any representations made by them, or any other cause.

Professional medical treatment still recommended
You are expressly informed that you cannot as an alternative to approaching your doctor, physician or general practitioner for professional medical advice, rely on the content of the website alone, as the content is aimed to serve as a general framework and guideline only and not an alternative to professional services.

We strive to empower you with information that may be of use to you; however each individual has different needs, requirements, diagnosis, symptoms or experiences, which materially differ, and should as a result be assessed on a case by case basis by a professional medical practitioner.

We recommend without exception, that in addition to accessing the website for personal use and as a guideline to wellness and health information in general, we recommend that you approach without delay your physician or seek professional medical treatment should you be sick or experience health problems of any nature, as the suggestions made or content of the website relating to such symptoms you are experiencing or have, are made without the benefit of considering your specific situation or needs or assessing your health, and therefore cannot be the sole source relied on by you.

Consent to use personal information
To the extent that you subscribe to the website or elect to enter you information into it to become a user, you agree to these Terms of Use, and to the extent that you do not agree, you shall refrain from using our website.

By acceptance of these Terms of Use, you provide you consent as required by any statutory provision for us to store your personal information electronically, share it with third parties for promotional, marketing, statistical and research purposes etc and to enable us to send you updates on promotions and information that may be of interest to you.

In addition to the use provided for herein, you consent to the use of your personal information for any other purpose subject to your personal information being de-identified, or if we are required to do so by law.

You agree that when utilising our site, you are doing so as yourself and with your own identity and personal information and shall not try to use this as an opportunity to gather information about others as that is a breach of these Terms of Use.

You acknowledge that you can provide your personal information to us through the completion of a questionnaire (in hard and softcopy), entering it electronically, or verbally communicating it to one of our representatives or recording it for capturing purposes in any other manner.

You confirm that your personal information provided is truthful, current and accurate and that you shall update it as and when changes occur, to allow us to collect the most updated version thereof.

Liability and Indemnity
We assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the website and by you accessing the website you agree to indemnify, and hold us (defined as ‘we’) as well as any of our directors, employees, agents, licensors, or suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from access to or use of the website.

In no event shall we, our licensors, suppliers, or any third parties mentioned on the website be liable for any damages (including, without limitation, incidental and consequential damages, resulting from the use of or access to the website, and/or alternatively the inability to use or access the website or the Content, howsoever arising.

Breach
To the extent that you do not comply with any of the Terms of Use contained herein, or when subscribing to the website provide false information, try to or access the account of another individual, falsify information, or any other conduct that constitutes breach which includes abusing the access to the website, in whatsoever form or manner and howsoever interpreted (which discretion vests with us to determine whether there has been abuse or not), we reserve the right to suspend your access to the website or any subscription relating to the website content.

We are entitled to pursue any other legal remedies available to us in addition to the abovementioned and for purposes of taking legal action (should this need arise), you agree to the jurisdiction of any of the High Courts of the Gauteng division.

Notices and Domicilium
In providing my personal information, I will include my residential address, and confirm that the address so provided by me, may be used to serve any notices or processes or documents on me.

Governing Law
The law of the Republic of South Africa shall apply to this agreement.