This Agreement includes and incorporates, by this reference, the policies and guidelines referenced below. ELO Digital Marketing reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. ELO Digital Marketing will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following posting any such changes or a revised Agreement will constitute your acceptance of any such changes or revisions. ELO Digital Marketing encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing the use of the Website. This Agreement does not alter the terms or conditions of any other written agreement you may have with ELO Digital Marketing for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. Please click the print button on your browser toolbar if you want to print this Agreement.

Terms of Offer. This Website offers for sale certain products (the “Products”). By placing an order for Products through this Website, you agree to the terms outlined in this Agreement. 

Customer Solicitation: Unless you notify our third-party call centre reps or direct ELO Digital Marketing sales reps, while they are calling you, of your desire to opt-out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations ELO Digital Marketing, and it’s designated in house or third party call team(s).  

Opt-Out Procedure: We provide 3 easy ways to opt-out of future solicitations. 

Proprietary Rights. ELO Digital Marketing has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by ELO Digital Marketing. ELO Digital Marketing also has rights to all trademarks, trade dress, and specific layouts of this webpage, including calls to action, text placement, images, and other information.

Sales Tax. If you purchase any Products, you will be responsible for paying any applicable sales tax.

Content; Intellectual Property; Third Party Links. 

In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about nutritional and dietary supplements. ELO Digital Marketing does not always create the information offered on this Website; instead, the information is often gathered from other sources. To the extent that ELO Digital Marketing does create the content on this Website, such content is protected by intellectual property laws in South Africa, foreign nations, and international bodies. Unauthorised use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of this website’s content is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. ELO Digital Marketing does not endorse the contents on any such third-party websites. ELO Digital Marketing is not responsible for the content or any damage resulting from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk. 

Use of Website; 

ELO Digital Marketing is not responsible for any damages resulting from the use of this website by anyone. You will not use the Website for illegal purposes. You will 

(1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), 

(2) not interfere with or disrupt the use and enjoyment of the Website by other users, 

(3) not resell material on the Website, 

(4) not engage, directly or indirectly, in the transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and 

(5) not defame, harass, abuse, or disrupt other users of the Website.

By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your regular, noncommercial use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without the express written authorisation from ELO Digital Marketing or the applicable third party (if third-party content is at issue).

By posting, storing, or transmitting any content on the Website, you hereby grant ELO Digital Marketing a perpetual, worldwide, non-exclusive, royalty-free, assignable right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. ELO Digital Marketing cannot control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. ELO Digital Marketing is not liable for any damage or harm resulting from user posts or interactions. ELO Digital Marketing reserves the right but has no obligation to monitor interactions between and among users of the Website and to remove any content ELO Digital Marketing deems objectionable, in ELO Digital Marketing’s sole discretion. 

YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ELO Digital Marketing EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT CONCERNING THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. (“PRODUCTS” INCLUDE TRIAL PRODUCTS.)

WITHOUT LIMITING THE GENERALITY OF THE PRECEDING, ELO Digital Marketing  MAKES NO WARRANTY:

THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.

THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. 

AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED. 

REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

ELO Digital Marketing, ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, CONCERNING THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS, PURCHASED VIA THE WEBSITE.

ELO Digital Marketing WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM 

(1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; 

(2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; 

(3) ANY PRODUCTS PURCHASED OR OBTAINED, OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR 

(4) ANY LOST PROFITS YOU ALLEGE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

You will release, indemnify, defend and hold harmless ELO Digital Marketing and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of 

(1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; 

(2) the Website content or your use of the Website content; 

(3) the Products or your use of the Products (including Trial Products); 

(4) any intellectual property or other proprietary rights of any person or entity; 

(5) your violation of any provision of this Agreement; or 

(6) any information or data you supplied to ELO Digital Marketing

When ELO Digital Marketing is threatened with suit or sued by a third party, ELO Digital Marketing may seek written assurances concerning your promise to indemnify ELO Digital Marketing; ELO Digital Marketing may consider your failure to provide such assurances to be a material breach of this Agreement. ELO Digital Marketing will have the right to participate in any defence by you of a third-party claim related to your use of any of the Website content or Products, with counsel of ELO Digital Marketing’s choice at its expense. ELO Digital Marketing will reasonably cooperate in any defence by you of a third-party claim at your request and expense. You will be responsible for defending ELO Digital Marketing against any claim, but you must receive ELO Digital Marketing’s prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.

ELO Digital Marketing believes strongly in protecting user privacy and providing you with notice of our use of data. Please refer to ELO Digital Marketing’s privacy policy, incorporated by reference herein, that is posted on the Website.

Agreement to be bound

By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website. 

Force Majeure. 

ELO Digital Marketing will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, an act of God, war, terrorism, armed conflict, labour strike, lockout, or boycott.

Cessation of Operation. 

ELO Digital Marketing may, at any time, in its sole discretion and without advance notice to you, cease the operation of the Website and distribution of the Products.

Entire Agreement. 

This Agreement comprises the entire agreement between you and ELO Digital Marketing and supersedes any prior agreements of the subject matter.

Effect of Waiver. 

The failure of ELO Digital Marketing to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Suppose a court of competent jurisdiction finds any provision of this Agreement to be invalid. In that case, the parties nevertheless agree that the court should endeavour to give effect to the parties intentions as reflected in the provision. The other provisions of this Agreement remain in full force and effect.

Governing Law; Jurisdiction. 

This Website originates from Secunda, South Africa. The laws of South Africa will govern this Agreement without regard to its conflict of law principles to the contrary. Neither you nor ELO Digital Marketing will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or because of this Agreement, other than in courts located in Mpumalanga. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or because of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.

Statute of Limitation. 

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Waiver of Class Action Rights. 

BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.

Termination. 

ELO Digital Marketing reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website, and ELO Digital Marketing may, in its sole discretion and without advance notice, cancel any outstanding product orders. If your access to the Website is terminated, ELO Digital Marketing reserves the right to exercise whatever means it deems necessary to prevent unauthorised access to the Website. This Agreement will survive indefinitely unless and until ELO Digital Marketing chooses to terminate it, in its sole discretion and without advance to you.

Domestic Use. 

ELO Digital Marketing makes no representation that the Website or Products are appropriate or available for use in locations outside South Africa. Users who access the Website from outside South Africa do so at their own risk and initiative and must bear all responsibility for compliance with local laws.

Assignment. 

You may not assign your rights and obligations under this Agreement to anyone. ELO Digital Marketing may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.