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Terms & Conditions

Please Read The Terms And Conditions Carefully Before Using Our Site. When Using This Website It Is Deemed You Have Read And Have Agreed To The Terms And Conditions.

TERMINOLOGY

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

COPYRIGHT

The ProGear Fitness Supplements (Pty) Ltd website and all of its content is copyright of PROGEAR FITNESS. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

INDEMNIFICATION

All users agree to indemnify, defend and hold harmless ProGear Fitness Supplements (Pty) Ltd against liability, damage, loss or expense ( including reasonable attorney’s fees) incurred by or imposed upon ProGear Fitness Supplements (Pty) Ltd Parties or any one of them in connection with any claims, suits, actions, demands or judgments (“Claims”) related directly or indirectly to or arising out of (1) any User Content or Submission that you Submit; (2) your use of the Site or Services; (3) your breach of this Agreement or any representations and warranties made by you in this Agreement; and (4) your violation of any third-party rights.

TERMINATION

ProGear Fitness Supplements (Pty) Ltd reserves the right to refuse service and/or terminate accounts without prior notice if a user violates these Terms & Conditions or if we decide, in our sole discretion, that it would be in our best interests to do so. The user shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the ProGear Fitness Supplements (Pty) Ltd websites.

TYPOGRAPHICAL ERRORS

In the event a product is listed at an incorrect price due to a typographical error or error in pricing information received from our suppliers. We have the right to refuse or cancel any orders placed for product listed at the incorrect price. Our Store shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will immediately issue a credit to your credit card for the cancelled amount.

COOKIES

Like most interactive websites the ProGear Fitness Supplements (Pty) Ltd website uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

PAYMENT POLICY

ProGear Fitness Supplements (Pty) Ltd accepts payment in various ways. Credit Card, Instant EFT and more provided by Payfast.

RETURNS POLICY

ProGear Fitness Supplements (Pty) Ltd accepts the return of goods purchased on the PROGEAR FITNESS website only if they are unopened and in their original condition. Should you return the goods within 14 days of receipt we will issue a full refund for the price you paid for the item in ProGear Fitness store credit, you are entitled to expect your money to be refunded within 1-2 working days of the item being accepted back into our warehouse. Please note that you will be responsible for the costs of returning the goods to us unless we delivered the item to you in error or the item is faulty.

For your protection we recommend you use a fully tracked and insured service as PROGEAR FITNESS is not liable for any loss or damages during transit of the returned item/s.

Defective Item

ProGear Fitness Supplements (Pty) Ltd will only accept the return of defective goods if they are in their original condition. PROGEAR FITNESS does not accept the return of opened products unless the product is deemed defective.

Cancelling An Item

Should you request the cancellation of an item 14 days after receipt ProGear Fitness Supplements (Pty) Ltd will refund you the full price of the product (Less shipping fees if applicable) only if the it is unopened and in its original condition.

CREDIT CARD FRAUD

ProGear Fitness Supplements (Pty) Ltd is committed to ensuring that your information is secure. In order to

ProGear Fitness Supplements (Pty) Ltd acknowledges that Credit Card Fraud is a growing concern for customers purchasing goods online and because we take credit card fraud very seriously we have taken all the necessary steps to limit our customers being susceptible to this kind of fraud. As well as taking all the necessary steps to limit Credit Card Fraud the PROGEAR FITNESS website uses one of the best credit card facilities in the industry, MYGATE, for all credit card purchases online, and MYGATE ensures all users of Safe Secure Transactions.

prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

SECURITY POLICY

ProGear Fitness Supplements (Pty) Ltd is committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

OWNERSHIP

ProGear Fitness Supplements (Pty) Ltd, Reg. 2017 / 039701 / 07, and comprises of progearfitness.co.za as well as all its related sub-pages (hereinafter referred to as ” ProGear Fitness Supplements (Pty) website’s” or progearfitness.co.za the website). All the content, trademarks and data on this web site are the property of ProGear Fitness Supplements (Pty) Ltd and as such are protected from infringement by local and international legislation.

DISCLAIMER

All information on this web site is provided on an “as is” basis and is for general information purposes only. To the fullest extent permitted by law, ProGear Fitness Supplements (Pty) Ltd:

Excludes all representations and warranties relating to this website’s and their content or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and Excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

ProGear Fitness Supplements (Pty) Ltd attempts to be as accurate as possible when describing our products however, to the extent permitted by applicable law, we do not warrant that any product descriptions, colours or other content available at progearfitness.co.za are accurate, complete, reliable, current, or error-free.

RULES OF CONDUCT

The following Rules of Conduct apply to the ProGear Fitness Supplements (Pty) Ltd Website. By using the website, you agree that you will not post or distribute any submission that:

  1. Is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person.
  2. Is bigoted, hateful, or racially or otherwise offensive.
  3. Is violent, vulgar, obscene, pornographic or otherwise sexually explicit.
  4. Otherwise harms or can reasonably be expected to harm any person or entity.
  5. Is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, suicide, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity.
  6. Infringes or violates any right of a third party including: (1) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (2) right of privacy (specifically, you must not distribute another person\\\’s personal information of any kind without their express permission) or publicity; or (3) any confidentiality obligation.
  7.  Is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations)
  8. Contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Sites or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Sites
  9. Does not generally pertain to the designated topic or theme of the relevant Forum to which it is submitted.
  10. Violates any specific restrictions applicable to a Forum, including its age restrictions and procedures.
  11. Is Antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.

ProGear Fitness Supplements (Pty) Ltd cannot and does not assure that other users of our website are or will be complying with the Rules of Conduct or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

Multiple Accounts:

These are strictly forbidden. We implemented a loyalty program to reward our valued customers and having multiple accounts with the intent to take advantage of said loyalty program is immoral – and will result in having those accounts closed and all accumulated points dissolved.

CHANGES TO THE TERMS & CONDITIONS

ProGear Fitness Supplements (Pty) Ltd reserves the right to change these Terms & Conditions from time to time as it sees fit by posting the changes on progearfitness.co.za these changes are effective immediately upon posting and your continued use of the site will signify your acceptance of any adjustment to these Terms & Conditions.

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