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XYMOGEN SOUTH AFRICA’S TERMS AND CONDITIONS AND NO INTERNET OR ELECTRONIC SALES POLICY

 

As valuable consideration for XYMOGEN SOUTH AFRICA’S agreement to supply products to Customer (as the terms “Products” and “Customer” are defined in the Parties’ Customer Protection Agreement), Customer acknowledges and agrees as follows:

  1. Xymogen® products are sold to REGISTERED MEDICAL PRACTITIONERS ONLY
  2. CUSTOMER SHALL NOT RESELL, SELL, MAKE ANY REFERENCE TO PRICES/PRICING OR DISTRIBUTE ANY OF THE PRODUCTS USING THE INTERNET, ANY INTERNET SITE OR ANY OTHER ELECTRONIC MEDIUM OR DEVICE WITHOUT XYMOGEN’S PRIOR WRITTEN APPROVAL.
    The term “Internet Site” shall include, but is not limited to, any World Wide Web Site, USENET, Newsgroup, Bulletin Board, Social Media such as Facebook, Twitter, Whatsapp, Instagram or any other similar service or other online services at any electronic domain name, address or location, or any other form of online service or other forms of electronic commerce whatsoever.
  3. CUSTOMER MAY REFER TO XYMOGEN AND THE PRODUCTS ON IT’S INTERNET SITE AND MAY INCLUDE A LINK TO XYMOGEN’S WEBSITE; HOWEVER, CUSTOMER MAY INCLUDE SUCH REFERENCE AND/OR LINK ONLY WITH XYMOGEN’S PRIOR WRITTEN APPROVAL.
  4. CUSTOMER SHALL NOT IDENTIFY, LIST OR POST ANY PRODUCT PRICES ON THE INTERNET WITHOUT XYMOGEN’S PRIOR WRITTEN APPROVAL
  5. CUSTOMER SHALL NOT PUBLICLY ADVERTISE THE PRODUCTS USING:
    1. The Internet (eg. Banner or other advertisements)
    2. Any other electronic medium
    3. Any print medium
  6. CUSTOMER SHALL NOT PURCHASE “XYMOGEN” OR THE NAME OF ANY OF THE PRODUCTS AS GOOGLE ADWORDS
  7. IF XYMOGEN AUTHORISES THE CUSTOMER TO REFER TO XYMOGEN AND/OR THE PRODUCTS ON IT’S INTERNET SITE, CUSTOMER SHALL INCLUDE THE FOLLOWING DISCLAIMER WHEREVER XYMOGEN PRODUCTS ARE DISPLAYED.
    LEGAL NOTICE:
    XYMOGEN’S Exclusive Professional Formulas are available through select licensed health care professionals. The internet sale and discounting of XYMOGEN formulas are strictly prohibited. (Yourdomainname.com) makes XYMOGEN formulas available only to patients of our clinic. If you are a patient of (Your clinic name here), you may inquire about XYMOGEN by calling.
  8. IF XYMOGEN AUTHORISES CUSTOMER TO LIST PRODUCT PRICES ONLINE, SUCH PRICES SHALL BE PASSWORD PROTECTED AND AVAILABLE TO PATIENTS OR CUSTOMERS THROUGH THE USE OF A PASSWORD. ACCESS TO THE PRICING INFORMATION MUST BE LIMITED TO A CUSTOMER AND CUSTOMER’S PATIENTS ONLY.
  9. CUSTOMER AGREES THAT THE GENERAL PUBLIC CANNOT PLACE AN ORDER FOR XYMOGEN PRODUCTS THROUGH CUSTOMER’S WEBSITE. ANY PATIENT SEEKING TO PURCHASE XYMOGEN PRODUCT ONLINE MUST BE REFERRED BACK TO THE CUSTOMER BY THE DISPLAY OG THE ABOVE DISCLAIMER.
  10. Orders placed via this website are subject to a Delivery fee of R100. Should your order exceed R6000, the delivery will be free of charge.
  11. Products ordered in error, that have to be returned after the shipment has left is subject to a R100 Courier collection fee and will be charged to the applicable stockists’ account.

The approvals referenced above may be withdrawn, rescinded and/or revoked by XYMOGEN at any time for any reason at all at XYMOGEN’S exclusive and unfettered discretion.

Customers failure to comply with the aforementioned items regarding this Policy will result in, among other things, the immediate termination of the Parties’ Customer Protection Agreement, and will subject the customer to all damages, costs, and fees available to XYMOGEN under the Customer Protection Agreement and Florida Law.

PRIVATE LABEL formulas are exempt from XYMOGEN’S No Internet Sales Policy, so long as the private-labeled products make no mention or reference to XYMOGEN, the XYMOGEN logo or XYMOGEN product name, or indicate that it is a XYMOGEN formula. Please contact us if you would like more information about XYMOGEN’S Private Label Program.


 

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