Terms of service
TERMS OF SERVICE
Welcome to Unwind! The terms "we", "us" and "our" refer to
Unwind Supplements. Unwind Suplements operates this store and website,
including all related information, content, features, tools,
products and services in order to provide you, the customer,
with a curated shopping experience (the "Services"). Unwind is
powered by Shopify, which enables us to provide the Services
to you.
The below terms and conditions, together with any policies
referenced herein (these "Terms of Service" or "Terms"),
describe your rights and responsibilities when you use the
Services.
Please read these Terms of Service carefully, as they include
important information about your legal rights and cover areas
such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree
to be bound by these Terms of Service and our Privacy Policy.
If you do not agree to these Terms of Service or Privacy Policy,
you should not use or access our Services.
These Terms are subject to the laws of the Republic of South
Africa, including the Consumer Protection Act 68 of 2008 ("CPA"),
the Electronic Communications and Transactions Act 25 of 2002
("ECTA"), and the Protection of Personal Information Act 4 of
2013 ("POPIA"). Nothing in these Terms limits any right you have
under those Acts.
SECTION 1 — ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you
are at least 18 years of age, or the age of majority in your
province of residence, whichever is greater, and you have given
us your consent to allow any of your minor dependents to use
the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online
stores or purchasing any of the products or services we offer,
you may be asked to provide certain information, such as your
email address, billing, payment, and shipping information. You
represent and warrant that all the information you provide is
correct, current and complete and that you have all rights
necessary to provide this information.
You are solely responsible for maintaining the security of your
account credentials and for all of your account activity. You
may not transfer, sell, assign, or license your account to any
other person.
SECTION 2 — OUR PRODUCTS
Unwind sells dietary supplements classified as complementary
medicines under South African regulations. Our products are
intended to support general wellness. They are not medicines
and are not intended to diagnose, treat, cure, or prevent any
disease.
Our products have not been evaluated by the South African Health
Products Regulatory Authority (SAHPRA) for safety, quality, or
intended use.
If you are pregnant, breastfeeding, under 18, taking prescription
medication, or have an underlying medical condition, please
consult a qualified healthcare professional before using our
products.
We have made every effort to provide an accurate representation
of our products in our online store. However, colours, gummy
texture, and packaging may vary slightly between production
batches and may appear differently on your screen depending on
your device. Active ingredient doses remain consistent within
standard industry tolerance (± 10% of label claim).
All descriptions of products are subject to change at any time
without notice at our sole discretion. We reserve the right to
discontinue any product at any time and may limit the quantities
of any products that we offer to any person, geographic region
or jurisdiction, on a case-by-case basis.
SECTION 3 — ORDERS
When you place an order, you are making an offer to purchase.
Unwind reserves the right to accept or decline your order for
any reason at its discretion. Your order is not accepted until
Unwind confirms acceptance by sending you an order confirmation
email. We must receive and process your payment before your
order is accepted. Please review your order carefully before
submitting, as Unwind may be unable to accommodate cancellation
requests after an order is dispatched.
Your purchases are subject to return or exchange in accordance
with our Refund Policy and your rights under the Consumer
Protection Act and section 44 of ECTA (which provides a 7-day
cooling-off period for online purchases).
You represent and warrant that your purchases are for your own
personal or household use and not for commercial resale or
export.
Pre-orders
Where a product is sold on pre-order, this will be clearly
stated on the product page, at checkout, and in your order
confirmation email, along with the expected dispatch window.
You may cancel a pre-order at any point before dispatch, for
any reason, for a full refund. If we are unable to fulfil a
pre-order within the stated window, we will contact you within
24 hours and offer either a delayed dispatch or a full refund,
at your choice.
SECTION 4 — PRICES AND BILLING
All prices are in South African Rand (ZAR) and include VAT
where applicable. Prices, discounts and promotions are subject
to change without notice. The price charged for a product will
be the price in effect at the time the order is placed and will
be set out in your order confirmation email. Unless otherwise
expressly stated, posted prices do not include shipping or
handling charges.
We may offer promotions on the Services from time to time that
may affect pricing and that are governed by terms and conditions
separate from these Terms. If there is a conflict between the
terms for a promotion and these Terms, the promotion terms will
govern.
You agree to provide current, complete and accurate purchase,
payment and account information for all purchases. You agree
to promptly update your account and other information, including
your email address, card numbers and expiration dates, so that
we can complete your transactions and contact you as needed.
You represent and warrant that (i) the payment information you
provide is true, correct, and complete, (ii) you are duly
authorised to use such payment method for the purchase,
(iii) charges incurred by you will be honoured by your bank or
card issuer, and (iv) you will pay charges incurred at the
posted prices, including shipping and any applicable taxes.
SECTION 5 — SHIPPING AND DELIVERY
Shipping rates, delivery timeframes, and the courier we use
are set out in our Shipping Policy, which forms part of these
Terms.
Delivery times are estimates only. While we make every effort
to dispatch and deliver on time, we are not liable for delays
caused by the courier, load shedding, public holidays, customs
or events outside our reasonable control. If a delay is material,
we will contact you and offer either to wait or to receive a
full refund.
Once we hand a parcel to the courier, risk of loss in transit
passes to the courier under their terms of carriage. In the
event of loss or damage in transit, contact us within 7 days
of the expected delivery date and we will resolve it with the
courier on your behalf — either replacing the order or refunding
you.
SECTION 6 — INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands,
text, displays, images, graphics, product reviews, video, and
audio, and the design, selection, and arrangement thereof, are
owned by Unwind (Pty) Ltd, its affiliates or licensors and are
protected by South African and international copyright, trademark
and other intellectual property laws.
These Terms permit you to use the Services for your personal,
non-commercial use only. You must not reproduce, distribute,
modify, create derivative works of, publicly display, publicly
perform, republish, download, store, or transmit any of the
material on the Services without our prior written consent.
Except as expressly provided herein, nothing in these Terms grants
or shall be construed as granting a license or other rights to
you under any patent, trademark, copyright, or other intellectual
property of Unwind, Shopify or any third party. Unauthorised use
of the Services may be a violation of intellectual property laws.
All rights not expressly granted herein are reserved by Unwind.
Unwind's name, logo, product and service names, designs, and
slogans are trademarks of Unwind (Pty) Ltd. You must not use
such trademarks without our prior written permission. Shopify's
name, logo, product and service names, designs and slogans are
trademarks of Shopify. All other names, logos, product and
service names, designs, and slogans on the Services are the
trademarks of their respective owners.
You may share product photography and content on personal social
media in a way that credits @unwind. We appreciate it.
SECTION 7 — OPTIONAL TOOLS
You may be provided with access to customer tools offered by
third parties as part of the Services, which we neither monitor
nor have any control nor input.
You acknowledge and agree that we provide access to such tools
"as is" and "as available" without any warranties, representations
or conditions of any kind and without any endorsement. We shall
have no liability whatsoever arising from or relating to your
use of optional third-party tools.
Any use by you of optional tools offered through the site is
entirely at your own risk and discretion and you should ensure
that you are familiar with and approve of the terms on which
tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the
Services (including the release of new tools and resources).
Such new features shall also be deemed part of the Services and
are subject to these Terms of Service.
SECTION 8 — THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites
provided or operated by third parties (including any embedded
third party functionality). We are not responsible for examining
or evaluating the content or accuracy of any third-party materials
or websites you choose to access. If you decide to leave the
Services to access these materials or third party sites, you do
so at your own risk.
We are not liable for any harm or damages related to your access
of any third-party websites, or your purchase or use of any
products, services, resources, or content on any third-party
websites. Please review the third-party's policies and practices
carefully and make sure you understand them before you engage
in any transaction. Complaints, claims, concerns, or questions
regarding third-party products and services should be directed
to the third-party.
SECTION 9 — PRIVACY POLICY
All personal information we collect through the Services is
processed in line with our Privacy Policy and the Protection
of Personal Information Act 4 of 2013 (POPIA). Certain personal
information may also be subject to Shopify's Privacy Policy. By
using the Services, you acknowledge that you have read these
privacy policies.
Because the Services are hosted by Shopify, Shopify collects and
processes personal information about your access to and use of
the Services in order to provide and improve the Services for
you. Information you submit to the Services will be transmitted
to and shared with Shopify as well as third parties that may be
located in countries outside South Africa, in order to provide
services to you. Review our Privacy Policy for more details on
how we, Shopify, and our partners use your personal information.
SECTION 10 — FEEDBACK AND USER CONTENT
If you submit, upload, post, email, or otherwise transmit any
ideas, suggestions, feedback, reviews, proposals, plans, or
other content (collectively, "Feedback"), you grant us a
perpetual, worldwide, sublicensable, royalty-free licence to
use, reproduce, modify, publish, distribute and display such
Feedback in any medium for any purpose, including for commercial
use. We may, for example, use our rights under this licence to
operate, provide, evaluate, enhance, improve and promote the
Services.
When submitting Feedback you represent and warrant that:
(i) you own or have all necessary rights to all Feedback;
(ii) you have disclosed any compensation or incentives
received in connection with your submission;
(iii) your Feedback is honest and not misleading;
(iv) your Feedback complies with these Terms.
We are not obliged to (1) maintain your Feedback in confidence;
(2) pay compensation for your Feedback; or (3) respond to your
Feedback. We may, but have no obligation to, monitor, edit or
remove Feedback that we determine in our sole discretion to be
unlawful, offensive, threatening, defamatory, obscene or otherwise
objectionable, or to violate any party's intellectual property
or these Terms.
You agree that your Feedback will not violate any right of any
third-party, will not contain defamatory, abusive or unlawful
content, and will not contain malware. You may not use a false
email address, pretend to be someone other than yourself, or
mislead us or third-parties as to the origin of any Feedback.
You are solely responsible for any Feedback you make and its
accuracy.
SECTION 11 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that
contains typographical errors, inaccuracies or omissions that
may relate to product descriptions, pricing, promotions, offers,
shipping charges, transit times or availability. We reserve the
right to correct any errors, inaccuracies or omissions, and to
change or update information or cancel orders if any information
is inaccurate at any time without prior notice (including after
you have submitted your order). If we cancel an order due to a
pricing or stock error after you have paid, we will refund you
in full within 5 working days.
SECTION 12 — PROHIBITED USES
You may access and use the Services for lawful purposes only.
You may not access or use the Services, directly or indirectly:
(a) for any unlawful or malicious purpose; (b) to violate any
international, national, provincial or local laws or regulations;
(c) to infringe upon or violate our intellectual property rights
or the intellectual property rights of others; (d) to harass,
abuse, insult, harm, defame, slander, disparage, intimidate, or
harm any of our employees or any other person; (e) to transmit
false or misleading information; (f) to send, knowingly receive,
upload, download, use, or re-use any material that does not
comply with these Terms; (g) to transmit, or procure the sending
of, any advertising or promotional material, including any
"junk mail," "chain letter," "spam," or any other similar
solicitation; (h) to impersonate or attempt to impersonate any
other person or entity; or (i) to engage in any other conduct
that restricts or inhibits anyone's use or enjoyment of the
Services, or which, as determined by us, may harm Unwind, Shopify
or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses
or any other type of malicious code; (b) reproduce, duplicate,
copy, extract, sell, resell or exploit any portion of the Services;
(c) collect or track the personal information of others;
(d) spam, phish, pharm, or pretext the Services; (e) use any
robot, spider, scraping, data gathering and extraction tools,
automatic devices or processes, AI tools (such as agentic AI),
or automated or manual means to access the Services; or
(f) interfere with, bypass, or circumvent the security or
authorisation features, robot exclusion headers, or other
measures we employ to restrict access to the Services. We
reserve the right to suspend, disable, or terminate your account
at any time, without notice, if we determine that you have
violated any part of these Terms.
SECTION 13 — AGENTS
14.1 This section ("Agent Terms") applies if you use, allow,
enable, or cause the deployment of an Agent to access, use,
or interact with any Services. "Agent" means any software
or service that takes autonomous or semi-autonomous action
on behalf of, or at the instruction of, any person or entity
and that can be executed on behalf of or using a person's
device, without direct supervision.
14.2 No Agent may access, use, or interact with Services unless,
at all times, it identifies itself and operates in strict
accordance with the requirements in section 14.4 below.
In addition, no Agent may access, use, or interact with
Services if we have requested that the Agent refrain from
accessing, using, or interacting with any service.
14.3 We may limit, including by technical measures, whether and
how any Agent accesses, uses, and interacts with Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that
the request is from an Agent and disclose the name of the
Agent by including the following in the request's user-agent
string: "Agent/[agent name]"; (ii) not conceal or obfuscate
that any access, use, or interactions are from an Agent,
such as by (a) mimicking human behaviour and interaction
patterns, or (b) completing or circumventing CAPTCHAs or
measures intended to distinguish computer use from humans;
(iii) respond truthfully to any question or prompt seeking
to determine if interactions are coming from a human or a
computer; (iv) not circumvent or otherwise avoid any measure
intended to block, limit, modify, or control whether and
how Agents access, use, or interact with the Services.
SECTION 14 — TERMINATION
We may terminate this agreement or your access to the Services
(or any part thereof) in our sole discretion at any time without
notice, and you will remain liable for all amounts due up to
and including the date of termination.
The following sections will continue to apply following any
termination: Intellectual Property, Feedback and User Content,
Termination, Disclaimer of Warranties, Limitation of Liability,
Indemnification, Severability, Waiver and Entire Agreement,
Assignment, Governing Law, Privacy Policy, and any other
provisions that by their nature should survive termination.
SECTION 15 — HEALTH DISCLAIMER
The information on this site — including blog posts, the science
page, ingredient pages and any health-related content — is for
general informational purposes only. It is not medical advice,
does not replace professional medical advice, and should not be
used to diagnose or treat any condition.
Always consult a qualified healthcare professional before
starting any supplement, especially if you are pregnant,
breastfeeding, taking medication, or have a medical condition.
If you experience an adverse reaction to our product, stop
using it immediately and consult a doctor. We'd also appreciate
you letting us know at info@unwindsupplements.co.za so we can
keep our records.
SECTION 16 — DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made
available solely for general information purposes. We do not
warrant the accuracy, completeness, or usefulness of this
information. Any reliance you place on such information is
strictly at your own risk. We disclaim all liability and
responsibility arising from any reliance placed on such materials
by you or any other visitor to the Services, or by anyone who
may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY UNWIND OR REQUIRED UNDER THE
CONSUMER PROTECTION ACT, THE SERVICES AND ALL PRODUCTS OFFERED
THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE'
FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY,
FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND
NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT
YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE
OR ERROR-FREE.
Nothing in this section excludes or limits any right or remedy
that cannot be excluded under South African law, including under
the Consumer Protection Act.
SECTION 17 — LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL UNWIND,
OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS,
CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY
AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR
ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR
CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION
LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT
COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, DELICT
(INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING
FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED
USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY
TO YOUR USE OF THE SERVICES OR ANY PRODUCT, EVEN IF ADVISED OF
THEIR POSSIBILITY.
In any event, and to the maximum extent permitted by law, our
total aggregate liability to you for any claim relating to your
order is limited to the amount you paid for that order.
Nothing in this section excludes or limits liability that cannot
be excluded under South African law — including liability for
defective goods under the Consumer Protection Act, liability for
fraud, or liability for gross negligence.
SECTION 18 — INDEMNIFICATION
You agree to indemnify, defend and hold harmless Unwind, Shopify,
and our affiliates, partners, officers, directors, employees,
agents, contractors, licensors, and service providers from any
losses, damages, liabilities or claims, including reasonable
attorneys' fees, payable to any third party due to or arising
out of (1) your breach of these Terms of Service or the documents
they incorporate by reference, (2) your violation of any law or
the rights of a third party, (3) your access to and use of the
Services, or (4) your misuse of our products contrary to label
instructions or our published guidance.
We will notify you of any indemnifiable claim, provided that a
failure to promptly notify will not relieve you of your obligations
unless you are materially prejudiced. We may control the defence
and settlement of such claim at your expense, including choice
of counsel, but will not settle any claim requiring non-monetary
obligations from you without your consent (not to be unreasonably
withheld). You will cooperate in the defence of indemnified
claims, including by providing relevant documents.
SECTION 19 — EVENTS BEYOND OUR CONTROL
We are not liable for delays or failures caused by events outside
our reasonable control — including load shedding, courier
disruption, port congestion, customs delays, natural disasters,
supplier failures, public health events, civil unrest, or
government action.
If such an event materially affects your order, we will contact
you to arrange a delay or a full refund.
SECTION 20 — SEVERABILITY
In the event that any provision of these Terms of Service is
determined to be unlawful, void or unenforceable, such provision
shall nonetheless be enforceable to the fullest extent permitted
by applicable law, and the unenforceable portion shall be deemed
to be severed from these Terms of Service. Such determination
shall not affect the validity and enforceability of any other
remaining provisions.
SECTION 21 — WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of
these Terms of Service shall not constitute a waiver of such
right or provision.
These Terms of Service and any policies or operating rules posted
by us on this site or in respect to the Services constitute the
entire agreement and understanding between you and us and govern
your use of the Services, superseding any prior or contemporaneous
agreements, communications and proposals, whether oral or written,
between you and us (including any prior versions of the Terms
of Service).
Any ambiguities in the interpretation of these Terms of Service
shall not be construed against the drafting party.
SECTION 22 — ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any
of your rights or obligations under these Terms without our prior
written consent, and any such attempt will be null and void. We
may transfer, assign, or delegate these Terms and our rights and
obligations without consent or notice to you.
SECTION 23 — GOVERNING LAW AND DISPUTES
These Terms of Service and any separate agreements whereby we
provide you Services shall be governed by and construed in
accordance with the laws of the Republic of South Africa.
Any dispute arising from these Terms or your use of the Services
will first be addressed by good-faith discussion between you and
us. If we cannot resolve it, the dispute may be referred — at
your choice — to the National Consumer Commission, the Consumer
Goods and Services Ombud, or a court of competent jurisdiction
in South Africa. You and Unwind consent to the personal
jurisdiction and venue of the South African courts of competent
jurisdiction.
SECTION 24 — HEADINGS
The headings used in this agreement are included for convenience
only and will not limit or otherwise affect these Terms.
SECTION 25 — CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service
at any time on this page.
We reserve the right, in our sole discretion, to update, change,
or replace any part of these Terms of Service by posting updates
and changes to our website. It is your responsibility to check
our website periodically for changes. We will notify you of any
material changes to these Terms in accordance with applicable
law, and such changes will be effective on the date specified
in the notice. Your continued use of or access to the Services
following the posting of any changes to these Terms of Service
constitutes acceptance of those changes.
SECTION 26 — CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at
info@unwindsupplements.co.za.