1. About us
The Dr Grant Fourie Website provides information and content relating to functional medicine and general health information, including the types of health conditions that Dr Grant Fourie treats. Dr Grant Fourie follows a “whole-istic”, logical approach to treating chronic disease. He has created an innovative Membership Programme, that provides patients with access to an affordable health plan. The owner of this site, is from now on referred to as the “Provider.”
2. Provider’s information
For the purposes of the ECT Act, the Provider’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the website:
Full name and legal status:
Dr Grant Fourie, a sole proprietor, established under the laws of the Republic of South Africa.
Physical address for receipt of legal service (also postal and street address):
Oakmed Medical Centre, 50 John X Merriman Street, Oakdale, Bellville, Cape Town, South Africa, 7530.
Dr Grant Fourie
VAT registration number:
+27(21) 919 3666 / +27(21) 910 2825
3.1 This website can be accessed at www.drgrantfourie.co.za
(the “Website”) and is owned and operated by Dr Grant Fourie (“Provider”, “we”, “us” and “our”).
3.2 These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of products and the use of the Website.
3.3 These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including, without limitation, each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
3.4 The Website enables you to shop online for an extensive range of products including health related supplements and prescription medication (“Goods”). Prescription medication is available for re-order by Dr Grant Fourie's patients only.
4. Important notice
4.1 These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
4.2 These Terms and Conditions contain provisions that appear in similar text and style to this clause and which:
4.2.1 may limit the risk or liability of the Provider; and/or
4.2.2 may create risk or liability for the user; and/or
4.2.3 may compel the user to indemnify the Provider; and/or
4.2.4 serves as an acknowledgement, by the user, of a fact.
4.3 Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask the Provider to explain it to you before you accept the Terms and Conditions or continue using the Website.
4.5 Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or the Provider in terms of the CPA.
4.6 The Provider permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
5. Use of website
5.1 Only registered users may order Goods on the Website.
5.2 To register as a user, you must provide an email address, password, certain information and personal details to the Provider. You will need to use your email address (username) and password to access the Website to purchase Goods.
5.3 You agree and warrant that your username and password shall:
5.3.1 be used for personal use only; and
5.3.2 not be disclosed by you to any third party.
5.4 For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
5.5 You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you, in accordance with these Terms and Conditions.
5.6 You agree to notify the Provider immediately upon becoming aware of, or reasonably suspecting, any unauthorised access to, or use of, your username and password and to take steps to mitigate any resultant loss or harm.
5.7 The Website allows for Goods to be purchased by the general public as well as patients of Dr Grant Fourie.
5.8 Upon registration, the Provider will validate your status as either a "General user" or "Patients only" user.
5.9 Please allow 1-2 working days after registration to activate your user status.
5.10 General users have access to a limited range of supplements for purchase.
5.11 Patients only users have access to all supplements for purchase as well as prescription medication for re-order.
5.12 Prescription medication can only be ordered by patients who have a valid script.
5.13 No prescription medication will be dispatched to patients without Dr Grant Fourie's authorisation.
5.14 By using the Website, you warrant that you are eighteen (18) years of age or older and of full legal capacity. If you are under the age of eighteen (18) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
5.15 You may not use this Website to obtain or distribute:
5.15.1 copyrighted material or material protected by laws relating to intellectual property rights, without the permission of the Provider
5.15.2 material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software
5.15.3 material which is defamatory, unlawful or contains hate speech
5.15.4 bulk e-mail, whether solicited or unsolicited. You must not interfere with or jeopardise the functionality or the operation of any part of this Website or attempt to interfere with or jeopardise, disrupt, disable, harm or otherwise impede in any manner the functionality or operation of any part of this Website. You are strictly prohibited from using this Website for “spoofing”, “hacking”, “flaming”, “cracking”, “phishing” or “spamming” or any other activity designed or aimed at achieving purposes similar, or the same as, the aforementioned acts
5.16 Any information accessed from this Website must be used subject to recognition or acknowledgment of the Provider as the source of the information. Information supplied by us or accessed on the Website, in any format, through any media, may not be sold in whole or in part. The information may be used for purposes such as to inform an opinion, recommendation, interpretation, conclusion or policy as a derivate product and/or service. We will not be held liable for the use of the information in any process, product or service. You may not intercept any information transmitted to or from the Provider, or this Website, which is not intended by the Provider to be received by you. You must respect other users of this Website at all times.
5.17 You agree that you must not:
5.17.1 post, transmit or otherwise make available, through or in connection with the Website, anything that is or may be threatening, harassing, degrading, fraudulent, wrongful, obscene, indecent or otherwise objectionable
5.17.2 harvest or collect personally identifiable information about other users of the Website
5.17.3 restrict or inhibit any other person from using the Website (including hacking or defacing any portion of the Website)
5.17.4 use the Website to advertise or offer to sell or buy any goods or services without the Provider’s express written consent
5.17.5 reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, or access to the Website
6. Conclusion of sales and availability of stock
6.1 Registered users may place orders for Goods, which the Provider may accept or reject. Whether or not the Provider accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by the Provider for the Goods.
6.2 The Provider will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and the Provider come into effect (the “Sale”). This is regardless of any communication from the Provider stating that your order or payment has been confirmed. The Provider will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
6.3 Prior to delivery or your collection of the Goods, you may cancel an order at any time, provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.
6.4 Placing products in your shopping cart without completing the purchase cycle, does not constitute an order for such products, and as such, products may be removed from the shopping cart if stock is no longer available or the price thereof might change without notice to you. You cannot hold the Provider liable if such products are not available or are not available at the particular price when you complete or attempt to complete, the purchase cycle at a later stage.
6.5 You acknowledge that stock of all products on offer is limited and that pricing may change at any time without notice to you. We cannot guarantee the availability of stock. When products are no longer available after you have placed an order, the Provider will notify you and you will be entitled to a refund of any amount already paid by you for such products.
7.1 We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
7.2 Payment can be made for Goods via:
7.2.1 credit card:
where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation, your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying for the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
7.2.2 electronic funds transfer (EFT)
7.2.3 direct bank deposit
7.3 If you pay via EFT or direct bank deposit, payment must be made within five (5) days of placing your order. The Provider will not accept your order if payment has not been received.
7.4 You may contact us via email at email@example.com
to obtain a full record of your payment. We will also send you email communications about your order.
7.5 Once you have selected your payment method (save for direct bank deposit), you will be directed to a link to PayFast, a registered systems operator and payment gateway in South Africa,
for the payment of the Goods. For PayFast’s end user agreement, please visit: https://www.payfast.co.za/end-user-agreement/.
8. Delivery of goods
8.1 The Provider offers two (2) methods of delivery of Goods to you. You may elect delivery via:
8.1.1 courier; or
8.2 Our delivery charges are subject to change at any time, without prior notice to you. You will see the applicable delivery charges in your cart when you check out.
8.3 Where it accepts your order, we will deliver the Goods to you as soon as reasonably possible, but no later than thirty (30) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within seven (7) days of receiving such notification, elect to cancel your order. If you elect to cancel your order, we will reimburse you for the purchase price.
8.4 The Provider’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. The Provider is not responsible for any loss or unauthorised use of a product, after delivery of the product to the physical address nominated by you.
9. Refund and return policy
If you are not completely satisfied, you can return the Goods to us and we will either replace it or credit your account, subject to the terms below.
9.1 The provision of products is subject to availability.
9.2 In cases of unavailability, the Provider will refund you in full within thirty (30) days.
9.3 The Provider reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet the Provider’s standards. Should the Provider exercise this right, you will receive a full refund, with no deductions.
9.4 Should you choose to cancel your order, you will be charged a 10% handling fee for administration costs.
9.5 Products can be returned within seven (7) days of receiving the item. Unfortunately, we can only accept products for return that are undamaged, in their original packaging and with tamper seals intact. You will have to pay to have the item couriered or posted back to us. You are also welcome to return it yourself to our offices at: Oakmed Medical Centre, 50 John X Merriman Street, Oakdale, Bellville, 7530. Once we have inspected the product and validated your return, we will credit your account with the purchase price of the product within 10 days of the return (or refund you, if that is your preference).
9.6 You are responsible for packing the product safely and securely for return, to ensure against damage in transit. Please include the return reference number in the parcel so that we can easily identify your return. Failure to adhere to these requirements could delay the processing of your request or result in its decline altogether.
9.7 If we accidentally deliver the wrong product to you, please notify us on Tel: +27(21) 919 3666 or Tel: +27(21) 910 2825 or email firstname.lastname@example.org and we will collect the product from you at no charge. Once we have inspected the product and validated your return, we will at your choice, deliver the correct product to you as soon as possible (if the correct product is available); or credit your account with the purchase price of the product within 10 days of the return (or refund you, if that is your preference).
9.8 Should your products arrived damaged, please notify us within seven (7) days of receiving the item on Tel: +27(21) 919 3666 or Tel: +27(21) 910 2825 or email email@example.com, so we can address the matter immediately. We will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will at your choice, replace the product as soon as possible (if the correct product is available); or credit your account with the purchase price of the product within ten (10) days of the return (or refund you if, that is your preference).
9.9 If you return a product that does not comply with this policy, you may be liable to reimburse the Provider for the cost of collecting the product from you and the cost of having the product returned to you.
10.1 We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website.
10.2 However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
11. Discounts (Members and Practitioners only)
11.1 Discounts on supplement products are issued to members of Dr Grant Fourie’s Membership Programme (see here
) as well as Practitioners.
11.2 All prescription medication is exempt from any discount.
11.3 Please allow 1-2 working days after registration to activate your discount status.
11.4 Users who are not members of Dr Grant Fourie’s Membership Programme, do not have a right to discounts.
11.5 The discount will be applied at Checkout.
11.6 The value of the discount will be set off against the value of your shopping cart and the balance remaining, will be payable by you.
11.7 Discounts cannot be exchanged or refunded for cash or credit.
11.8 If for any reason the discount does not reflect on the final amount due from you at Checkout, please contact us at firstname.lastname@example.org.
11.9 The Provider is entitled at any time to correct, cancel or reject a discount for any reason, without prior notice to you.
12. Changes to these Terms and Conditions
12.1 The Provider expressly reserves the right, in his sole and absolute discretion, to change, modify, add and/or remove from portions or the whole of these Terms and Conditions, from time to time, without prior notice.
12.2 Changes to these Terms and Conditions will become effective upon such changes being posted to this Website.
12.3 It is your obligation to periodically check these Terms and Conditions for changes or updates.
12.4 Your continued use of this Website, following the posting of changes or updates, will be considered notice of your acceptance to abide by, and be bound by, these Terms and Conditions, including such changes or updates.
13. Electronic communications
14. Ownership and copyright
14.1 The contents of the Website, including any material, information, data, icons, text, graphics, layouts, images, video clips, trade names, logos, trademarks and designs which are displayed on or incorporated in, this Website (“Website Content”) are protected by law, including but not limited to, copyright and trademark law. The Website Content is the property of the Provider.
14.2 You will not acquire any right, title or interest in or to the Website or the Website Content.
14.3 Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us via email at email@example.com
14.4 Where any of the Website Content has been licensed to the Provider or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
15. Linking to third party websites
15.1 Links provided on this Website to non-Provider websites, are provided as is and the Provider does not expressly or by implication agree with, or have any control over, the content on such websites.
15.2 If you follow any of these links, you do so at your own risk and the Provider cannot accept any responsibility for any loss or damage that you may incur as a result.
16. Limitation of liability
16.1 The Provider cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or willful misconduct of the Provider, its employees or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to firstname.lastname@example.org.
16.2 The Provider shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the Website, or the content contained in the Website; or your inability to use the Website, and/or unlawful activity on the Website and/or any linked third party website.
16.3 You hereby indemnify the Provider against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this Website and/or any linked third party website.
17. Availability and termination
17.1 We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
17.2 The Provider may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that the Provider will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
17.3 If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
17.4 The Provider is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and the Provider, in whole or in part, on notice to you. The Provider shall only be liable to refund monies already paid by you (see the Provider’s Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
17.5 At any time, you can choose to stop using the Website, with or without notice to the Provider.
18. Governing law and jurisdiction
18.1 These Terms and Conditions and our relationship and/or any dispute arising from or in connection with, these Terms and Conditions, shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
18.2 In the event of any dispute arising between you and the Provider, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town), notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
18.3 Nothing in this clause 18 or the Terms and Conditions, limits your right to approach any court, tribunal or forum of competent jurisdiction, in terms of the CPA.
19.1 The Provider may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
19.2 You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
19.3 Any failure on the part of you or the Provider to enforce any right in terms hereof shall not constitute a waiver of that right.
19.4 If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
19.5 No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
19.6 These Terms and Conditions contain the whole agreement between you and the Provider and no other warranty or undertaking is valid, unless contained in this document between the parties.
If you have any questions about these Terms and Conditions, please send an e-mail to email@example.com
or write to us at:
Dr Grant Fourie, Oakmed Medical Centre, 50 John X Merriman Drive, Oakdale, Bellville, Cape Town, South Africa, 7530.