TERMS & CONDITIONS
Welcome to our Terms and Conditions of BetterMom t/a Dynamic Health Today
(Herein referred to as BetterMom)
Use of the service
Subject to the terms of this agreement, BetterMom hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the site for your own non-commercial personal use.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this site or any portion of it unless expressly permitted by BetterMom in writing. You may not make any commercial use of any of the information provided on the site or make any use of the site for the benefit of another business unless explicitly permitted by BetterMom in advance and in writing. BetterMom reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if BetterMom believes that client conduct violates applicable law or is harmful to BetterMom’s interests. Any discount code usage for a BetterMom subscription is reserved for new customers only (one code per customer/household/credit card) unless otherwise noted.
BetterMom reserves the right to, temporarily or permanently, modify or discontinue the service (or any part thereof) with or without notice. You agree that BetterMom will not be liable to you or any other third party for any modification or discontinuation of the service.
Service, product and subscription description and box content
We make no guarantees that you will receive a particular product in a box or that certain products will be available in your box. Sample products come in limited quantities and may not be available in the future. It is your responsibility to review the ingredients of each product to avoid allergic reactions or other side effects. The products within the boxes are not manufactured by BetterMom, but rather by BetterMom’s suppliers. If you have any questions or complaints about a product, please contact us at firstname.lastname@example.org
Registration and membership
In order to enjoy all the benefits of BetterMom, you must sign up as a Subscriber(member). Only people over the age of 18 are can subscribe for or purchase a box, on behalf of a minor, who will utilise the box.
You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorised use of your account or other breach of security.
Sales of products and subscriptions to end users only
BetterMom sells boxes from this site to end-user customers. Customers may send a box as a gift once-off or sign up for the subscription on monthly basis, only for their own personal, non-commercial use. A customer may not purchase products or subscriptions for further distribution or resale or for any other commercial or business purpose. The subscription and all rights and privileges conferred are personal and non-transferable.
“The subscription” is opted in by the customer free willingly by agreeing to get boxes delivered to their door monthly at an agreed-upon price depending on the payment plan selected (once-off / every month). The payment plan is selected by the customer and it is up to the customer to ensure this is acceptable.
The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. BetterMom reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of any order. Prices and availability of products on the site are subject to change without notice. Certain information may contain pricing-, typographical- or other errors or inaccuracies. Errors will be corrected when discovered without liability, and BetterMom reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted). The above is applicable to subscription boxes and once-off products and services within the BetterMom Brand.
By accessing this site, and opting in for products or services, you provide informed consent to utilise and receive services rendered herein.
If you wish to make a purchase using the service (e.g. to purchase a box subscription, service or full-size products), you will be required to provide BetterMom information regarding your credit or debit card. You warrant to BetterMom that such information is true and that you are authorised to use the payment instrument. You agree to pay BetterMom the amount that is specified in the service in accordance with these terms of service. All transactions will be processed in South African Rands (ZAR). We accept Mastercard and Visa credit cards. If you have subscribed to the service, you hereby authorise BetterMom to bill your credit card or payment instrument in advance on a periodic basis (monthly) in accordance with the terms of the applicable subscription plan until you terminate your account, and you further agree to pay any charges so incurred. When you click to make a purchase with BetterMom legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our Terms and Conditions. You must not make any purchase through this site unless you understand and agree to all our terms and conditions. Once an order is made for the purchase, it is deemed that you have read and understood the Terms and Conditions for such purchase. If you have any queries please contact us before making any purchase for any service through this website.
We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement. All payments made are non-refundable. If you dispute any charges you must let BetterMom know within thirty (30) days after the date that BetterMom charges you. If you did not receive the box or full-size product, but were charged for it, please contact us at email@example.com
We reserve the right to change BetterMom’s subscription, product and service plan prices at any time. In this case, BetterMom will provide notice of the change on the site or in an email notification to you, at least thirty (30) days before the effective date of the change. Your continued use of the service after the price change becomes effective constitutes your agreement to pay the changed amount.
You are solely responsible for all reviews, blog comments or posts, information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “post”) or email or otherwise transmit or use via BetterMom’s various social media accounts. BetterMom reserves the right to take appropriate legal action against anyone who, in BetterMom’s discretion, violates this provision, including without limitation, removing the offending content from the service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
You shall not upload to, distribute, or otherwise publish through BetterMom’ social media sites any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libellous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability; or (c) includes any bugs, viruses, worms, trap doors, trojan horses or other harmful code or properties.
Content provided on these sites are solely for informational purposes and in under no circumstances to be utilised as medical advice. Submissions or opinions expressed on these sites are that of the individual expressing such submission or opinion and may not reflect the opinions of BetterMom. Product representations expressed on this site are not made by BetterMom.
Copyright and trademarks
All web site design, text, graphics, educational material, prints, booklets and the selection and arrangement thereof are Copyright 2021 by Dynamic Health Today (Pty) Ltd. All rights reserved, or in the case of product material, all text and graphics are copyright by the original owner. Permission is granted to copy electronically and to print in hard copy portions of this web site for the sole purpose of using this web site as an information resource (or of ordering goods or services and using this site as a shopping resource). Any other use of materials on this web site-including reproduction for purposes other than noted above, modification, distribution, or reproduction-without the prior written permission of Dynamic Health Today (Pty) Ltd is strictly prohibited.
Dynamic Health Today (Pty) Ltd – re BetterMom – name and logo are trademarks and service marks of Dynamic Health Today (Pty) Ltd. All other trademarks and service marks, product names and company names or logos cited herein are the property of their respective owners.
Dynamic Health Today (Pty) Ltd (BetterMom) respects the intellectual property of others, and we ask our users to do the same. If you believe that any material contained on this site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim at firstname.lastname@example.org
Dynamic Health Today (Pty) Ltd (BetterMom) does not claim ownership of any materials you make available through the site. You are solely responsible for the content and other materials you post on the site or transmit to or share with other users or recipients. You will not post any content that you did not create or that you do not own all right, title and interest in. With respect to any materials you submit or make available for inclusion on the site, you grant BetterMom a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, store, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby acknowledge and agree that any materials you provide are non-confidential and BetterMom will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
You acknowledge and agree that BetterMom may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with applicable laws or government requests; (b) enforce these terms of service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of BetterMom, its users and the public.
Links to other web sites
Dynamic Health Today (Pty) Ltd BetterMom makes no claim or representation, and accepts no responsibility, regarding the quality, nature, or reliability of the sites accessible by hyperlinks from this site, or web sites linking to this site.
Warranties and disclaimers
Dynamic Health Today (Pty) Ltd (BetterMom) intends for the information and data contained in the site, subscription boxes. Products and services or provided via other channels, including but not limited to phone and email, to be accurate and reliable, however, since the information and data have been compiled from a variety of sources, it is provided “as is.” You expressly agree that your use of this site is at your sole risk. Dynamic Health Today (Pty) Ltd (BetterMom) expressly disclaims all warranties and/or conditions, express or implied, as to any matter whatsoever relating to or referenced by this site, including, but not limited to, the implied warranties and/or conditions of merchantability or satisfactory quality and fitness for a particular purpose and non-infringement.
You understand that Dynamic Health Today (Pty) Ltd (BetterMom) is not the sole manufacturer of the products purchased by you hereunder and the only warranties offered are those of the manufacturer, not Dynamic Health Today (Pty) Ltd (BetterMom). In using the products, you are relying on the manufacturer’s specifications only and you are not relying on any statements, specifications, photographs or other illustrations representing the products that may be provided by Dynamic Health Today (Pty) Ltd (BetterMom). You expressly waive any claim that you may have against Dynamic Health Today (Pty) Ltd (BetterMom) based on any product liability or infringement or alleged infringement of any patent, copyright, trade secret or other intellectual property rights (each a “claim”) with respect to any product and also waive any right to indemnification from Dynamic Health Today (Pty) Ltd (BetterMom) against any such claim made against you by a third party. You acknowledge that no employee of Dynamic Health Today (Pty) Ltd (BetterMom) authorised to make any representation or warranty on behalf of Dynamic Health Today (Pty) Ltd (BetterMom) that is not in this agreement.
BetterMom (Dynamic Health Today (Pty) Ltd), does not guarantee any medical or other benefit from utilising any such products or services available on the website or any other channels representative of BetterMom.
Limitation of liability
In no event shall Dynamic Health Today (Pty) Ltd (BetterMom) or its officers, directors, employees, agents, successors, subsidiaries, distributors, affiliates or third parties providing information on this site or via other channels, including but not limited to phone and email, be liable to any user of the site or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data or loss of use) arising out of the use or inability to use the site or any information contained thereon, whether based upon warranty, contract, tort, or otherwise, even if Dynamic Health Today (Pty) Ltd (BetterMom) has been advised of or should have known of the possibility of such damages or losses. In no event shall the total liability of Dynamic Health Today (Pty) Ltd (BetterMom) or its officers, directors, employees, agents, successors, subsidiaries, distributors, affiliates or third parties providing information on this site to you for all damages, losses, and causes of action resulting from your use of this site, whether in contract, tort (including, but not limited to, negligence) or otherwise, exceed the amount you paid to Dynamic Health Today (Pty) Ltd (BetterMom) in connection with the event giving rise to such liability.
We ship door-to-door in the Republic of South Africa, or upon special request internationally with prior arrangement and agreement by means of third party courier company and switching company (UAfrica). Please ensure the correct shipping address is provided from the outset as title and risk will pass to you once the order has left our premises. We strive to get the product to you in the least amount of time but the manufacturing and shipping process can take between 6 and 10 working days. Occasionally packages are returned to us undeliverable. Should this event take place every attempt will be made to contact you to make arrangements for re-shipment, but the subsequent attempts will be your financial responsibility. Order processing will not begin until we receive a confirmed order and full payment.
Risk of loss
The risk of loss and title for merchandise purchased by you pass to you upon Dynamic Health Today (Pty) Ltd (BetterMom)’s delivery of the items to the carrier.
Monthly subscriptions must be cancelled four weeks (14 calendar days) before the anniversary of the subscription to avoid getting billed and getting shipped the next month’s box, subscription, product or service.
Dynamic Health Today (Pty) Ltd (BetterMom) does not accept returns of the monthly boxes that are not faulty.
You agree that additional terms and conditions may apply to specific products, orders, sweepstakes or contests or your use of certain portions of the site, including with respect to ordering, shipping and return policies which additional terms are made part of these terms by reference. If there is a conflict between these terms and the additional terms, the additional terms shall control.
The conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions. No claim may be rendered against BetterMom (Dynamic Health Today (Pty) Ltd, and any of its directors, affiliates, or employees in any other jurisdiction other than or within the South African constitution.
You understand that all the designs and trademarks are registered to Dynamic Health Today (Pty) Ltd (BetterMom) and hereby accept the terms and conditions. You undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should you be found to be in violation of this agreement you understand that you will be held liable for all legal costs incurred by Dynamic Health Today (Pty) Ltd (BetterMom) for any civil action or any legal action deemed necessary against you.
Customer feedback is very important to us. We are always looking for ways to serve you better. Please contact us with any questions you may have. We are here to serve you and we guarantee your satisfaction.
By email: email@example.com