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1B.1 Terms of Use
Terms of Use
Access to and use of Amway Websites and the products and services available through this Web Site are subject to the following terms of use. The words 'we' 'us' and 'Amway' means Amway of the Republic of South Africa of 71 Dock Road, V&A Waterfront, Cape Town and the words 'you' and 'your' refer to users of this Website who may be Independent Business Owners or Members.
Acknowledgement and Acceptance of Terms of Use
You should read and familiarise yourself with these Terms of Use before you use the Amway Web Site. By using this Web Site, you expressly agree to these Terms of Use as they are amended from time to time and you acknowledge that you have read and understood them. You also agree that any information you provide to us will be true, accurate, current and complete and that you will maintain and properly update your personal profile as required by Amway.
You should always check this page prior to using the Site to make sure that you have a current understanding of the Terms of Use. If you do not agree with these Terms, you must discontinue your use of this site.
Governing Law
This agreement is governed by the laws in force in the Republic of South Africa.
Intended Use
The material on this site is published by us and is intended for use in the southern Africa region. We make no claim that the information contained on this site is appropriate or may be downloaded legally outside the southern African region. If you access the Website from outside the southern African region, you do so at your own risk and you are responsible for compliance with the laws in your respective jurisdiction.
This site is a business and commercial site. It is, therefore, not intended for persons under the age of 18. If you are under the age of, or 18, you should speak to your parents, your guardian, or a responsible adult and obtain their permission to use this site. Members who seek to use this site must be 18 years and older.
Disclaimer and Limitation of Liability
The information, materials and services contained on this site are provided to you 'as is' and 'as available'. By provision of the site and the information, materials and services contained herein we do not provide professional advice or services. All tips and hints, suggestions and references to 'remedies' should not be relied upon without reservation; you should not act on the basis of anything contained on this Website without first obtaining specific professional advice.
We do not warrant or guarantee the accuracy, adequacy or completeness of this information and materials, and expressly disclaim liability for any errors and/or omissions in this information and materials. To the maximum extent permitted by law, unless otherwise specified, we disclaim all representations and warranties of any kind, whether express, implied or statutory. In addition, we do not warrant, guarantee or make any representations regarding the security of accounts, or that this site is free from destructive materials, including but not limited to computer viruses, hackers, or other technical sabotage, nor do we warrant, guarantee or make any representations that access to this site will be fully accessible at all times, uninterrupted or error-free.
To the maximum extent permitted by law, we disclaim liability for any damages, including, without limitation, direct or indirect, special, incidental, compensatory, exemplary or consequential damages, losses or expenses, including without limitation lost or misdirected orders, lost profits, lost registrations, lost goodwill, or lost or stolen programs or other data, however caused and under any theory of liability arising out of or in connection with (one) use of this site, or the inability to use this site by any party; or (two) any failure or performance, error, omission, interruption, defect, delay in operation or transmission; or (three) line or system failure or the introduction of computer virus, or other technical sabotage, even if we or our employees or representatives are advised of the possibility or likelihood of such damages, losses or expenses.
Intellectual Property
Copyright on Material on this Site
Unless otherwise indicated, all Website design, text and graphics is Copyright 2007 Amway South Africa. All rights reserved. None of the material may be copied, downloaded, displayed, posted, transmitted used or reproduced in whole or part in any form or by any means for any purpose unless such use is expressly permitted by us or by applicable copyright laws.
To the extent necessary in order to lawfully access and use the services available on this Website, you are granted permission to display, download, save and to print portions of this Website for non-commercial use only; provided that the materials are not modified and any reproduction contains all copyright and other proprietary notices contained in the materials. IBOs may download, reproduce and distribute materials for the purposes of their downline-IBOs provided that each item is reproduced in its entirety and contains the following notice: "Reproduced with the permission of Amway South Africa".
Trademarks
All trade names, brand names, trade symbols, logos, slogans, trade marks or services marks followed with an asterisk are trademarks or proprietary interests of Alticor, Ada, Michigan, USA. There are other trade names, brand names, trade symbols, logos, slogans, trade marks or service marks indicated on Amway Websites that are the property of their respective owners.
Links
This Amway Online Website may contain a number of links to other Internet Sites including, without limitation, Partner Stores, IBO Support Systems or other affiliated sites; and sites may provide advice or other goods and services which are operated by third party vendors. The provision of the link does not mean that we endorse or accept any responsibility for the content, use, or products and services made available through the associated Websites. By utilising these links, you acknowledge and agree that we are not responsible for the actions, content, accuracy, privacy policies, opinions expressed, services provided, goods sold or other links provided by these sites. You further acknowledge and agree that we are not responsible either directly or indirectly for any damage or loss caused by use of or reliance on linked sites. Should you have any questions regarding these sites, you should address them directly with the relevant site administrator.
Dispute Resolution
Any Member dispute arising in connection with these Terms of Use or in connection with your use of Amway Websites which cannot be resolved by good faith negotiations between us shall be referred to mediation or to arbitration by agreement between us.
Guarantee and Warranties
There are a number of voluntary warranties and guarantees that apply to products you purchase through this Website. In particular this includes our 90-day satisfaction guarantee. All warranties exclude defects caused by damage or misuse after receipt.
90-Day Satisfaction Guarantee
Any time you purchase a product through an Amway Website, you have the right to use it for a reasonable time (90 days) to determine whether it is satisfactory and whether you want to keep it. If you decide that it is not satisfactory, you may return your purchase, or the unused portion, to us. You will be offered a choice of replacement without charge, full credit towards the purchase of another product or a refund of your full purchase price.
Exclusions: This guarantee does not apply to: purchases made through Partner Stores or through other linked sites; Vendor Direct products; and products that have been damaged or misused after receipt.
Additional Warranties
In addition to our 90-Day Satisfaction Guarantee, some products sold through Amway Websites may also be covered by specific written warranties including following:
Water Treatment System
The Amway Water Treatment System (WTS) unit is warranted to be free from manufacturing defects for five years from its original purchase date.
The filter change indicator carries a separate two-year warranty.
The filter cartridge will perform for one year or 4,700 litres - which ever comes first. The system is guaranteed to perform on potable drinking water only. This is water sourced from municipal mains or health department approved private bores.
ICook Cookware
If, during the period of non-commercial use by the original user of the product, or part thereof is defective in workmanship, Amway will repair or replace it free of charge, or refund the purchase price. Amway will make no charges for labour, service or parts. This warranty does not cover damage caused by accident, misuse or abuse of the cookware. A charge will be made to repair such damage.
Product Availibity
We sometimes experience greater demand for an item than expected or an unforeseen delay in the shipment of goods. In the event of a delay you will be advised at the time of order placement.
Payment
Payment may be made by credit card and or M65 cash deposits (M65 only applies to telephonic or faxed orders); we accept Visa or Master Card. In this regard, you are responsible for providing a valid credit card number with available credit at the time of purchase. You represent and warrant that you have authority to use any such credit card.
Delivery
The products you purchase on Amway Websites will be despatched to your delivery address, as specified on your application form. Your order will be despatched after payment verification.
Delivery Fees
South Africa R70 (VAT inclusive) or collect from Amway Business Centres.
Namibia and Botswana R65 service fee and an optional R60 transhipment fee for home delivery.
Exchanges
To exchange a defective product in accordance with the relevant guarantees and warranties please contact customer care on 0800 203 772
To Return a product for credit
Products returned are at the cost of the IBO or member.
A Returned Merchandise Authorisation Form (WHU0112SA) must be completed and a copy of the invoice must accompany the product. Contact Amway Customer Care on 0800 203 772 to confirm delivery address.
Amway Returns Policy
1. All product sold by Amway South Africa is returnable within 90 days of the date of purchase by the consumer or, if the product has remained with the IBO, the date of purchase from Amway.
2. Products returned to the value of more than R1 500 need the prior authorisation of a Business Relations Manager or Senior Management.
3. Over-stocked items returned for credit will be subject to a 10 percent handling fee. This policy does not apply to obsolete stock items.
Amway Business Opportunity Kits
1. Business Kits returned within 90 days of purchase is subject to Amway's Satisfaction Guarantee and is refundable without any deductions. The refund will be processed to the returning IBO.
2. Business Kits will not be accepted for refund or exchange due to literature being out of date.
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