Terms and Conditions

Who we are

Our website address is: http://www.presidentdental.co.za.

These terms of use govern your use of our website; by using our website, you agree to these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.

You must be at least 18 years of age to use our website or you must have permission from a legal guardian. By using our website and by agreeing to these terms of use, you warrant and represent that you are at least 18 years of age.

License To Use Website

Unless otherwise stated, we own the intellectual property rights to the website, in the website and material on the website. Subject to the licence below, all intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

You must not:

(a) Republish material from this website (including republication on another website);
(b) Sell, rent or sub-license material from the website;
(c) Reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose
(d) Edit or otherwise modify any material on the website; or
(e) Redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter).

Acceptable use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

Restricted Access

Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.

If [we provide you with / you generate] a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that the password is kept confidential.

You must notify us in writing immediately if you become aware of any unauthorised use of your account or password.

You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

You must not use any other person’s user ID and password to access our website.

We may disable your user ID and password at any time in our sole discretion with or without notice or explanation.

Limited Warranties

We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

Limitations And Exclusions of Liability

Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under these terms of use or in relation to the subject matter of these terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

Breaches Of These Terms of Use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing legal proceedings against you.

Variation

We may revise these terms of use from time to time. Revised terms of use will apply to the use of our website from the date of publication of the revised terms of use on our website.

Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Exclusion of Third Party Rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

Entire Agreement

Subject to the first paragraph of these terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements in respect of your use of our website.

Law And Jurisdiction

These terms of use will be governed by and construed in accordance with South African law.

STANDARD CONDITIONS OF SALE(STC):

PLEASE NOTE: If you are an individual or a company, CC, partnership, trust or other association of persons which has a gross annual turnover or gross asset value of LESS THAN R2 MILLION, you have the rights set out in the Consumer Protection Act, 2008 and the following provisions of these Standard Terms and Conditions of Sale (“STC’s”) may not apply to you:

clause 7 to the extent that it provides that President Dental SA (Pty)Ltd need not deliver the goods to you on an agreed delivery date and that you may not cancel an order as a result of a delay in delivery;
- clause 9 unless the goods which you have ordered were made to your specific requirements;
- clause 10 to the extent that it may be interpreted to provide that you assume all risk relating to defective goods supplied by President Dental SA (Pty)Ltd;
- clause 16 & 19 to the extent that such indemnity or limitation of liability relates to claims for death, injury, illness, damage to property and associated economic loss suffered as a result of the supply of defective goods by President Dental SA (Pty)Ltd;
- clause 22 to the extent that it requires you to consent to a predetermined value of costs of enforcing the STC’s; and
- any other clause which may be declared to be excessively one sided in President Dental SA (Pty)Ltd’s favour and unfair under the circumstances.

PLEASE MAKE SURE THAT YOU UNDERSTAND AND AGREE TO THE PROVISIONS OF THESE STC’S AND IN PARTICULAR, THE PROVISIONS WHICH HAVE BEEN SPECIFICALLY DRAWN TO YOUR ATTENTION.

All goods which you buy from President Dental SA (Pty)Ltd (Pty) Ltd (“President Dental SA (Pty)Ltd”, “we” or “us”) are sold to you in accordance with these STC’s. By ordering goods from us, you are deemed to have accepted, and agreed to be bound by, these STC’s.
To order goods from us, you must send us a written order specifying the goods you require. You may place your order by email or fax or through our website portal at www.presidentdental.co.za. We are not bound by your order until we have either accepted your order in writing, accepted a deposit or full payment for the goods, or delivered the goods to you. Once we have accepted your order, you may not cancel your order without our written consent.
Unless we agree otherwise with you in writing, the price of the goods which you order will be the price of those goods on our price list at the time when we deliver the goods to you (excluding any delivery charges, if applicable). The list price of the goods may exclude VAT, which you must pay to us at the applicable rate.
We will provide you with an original tax invoice and statement for the amount which you owe us for the goods.
Payment of the amount on our statement must be made in full within 60 days after the date of the statement. We do not accept any risk relating to payments. If payment is made by cheque or electronic funds transfer, it is your responsibility to ensure that we receive the payment. Your liability to us will only be discharged when we receive as freely available funds in our bank account the full amount due.
A trade discount of 2.5% may be applied to goods subject to discount should you pay the amount of our statement in full before the 25th day of the calendar month following the date on which the goods are delivered to you.
I/We agree to pay interest on all overdue accounts at the rate of 2% per month as allowed in terms of the National Credit Act from date of statement. I/We also agree that a certificate issued by a director of your company setting out the applicable rate and amount of interest, as also verifying any amounts owing by me/us, shall be good and sufficient proof of the content thereof for all purposes, including any application for judgement or summary judgement in any competent court or in respect of any collection charges by our appointed representative If we (or our agent) deliver the goods to you at the delivery address specified in your order, delivery takes place when you begin unloading the goods at such delivery address. You will be liable for any applicable delivery charges. If you (or your agent) collect the goods from our premises, delivery takes place when you begin loading the goods on collection at our premises. Although we will try to deliver the goods to you by the delivery date requested in your order, we are not bound to do so. We are not liable for any loss or damages of any nature which you may suffer as a result of any delay in the delivery of the goods which you have ordered. You may not cancel an order as a result of any delivery delay. We may deliver the goods to you in more than one instalment.
A delivery note which is signed by you, or on your behalf, is proof that the goods have been delivered to, and received by you in good condition.
If you fail or refuse to accept delivery of the goods which you have ordered, President Dental SA (Pty)Ltd may claim from you as damages, payment of the price of the goods which you have not accepted. You agree to indemnify President Dental SA (Pty)Ltd for any loss or damages which President Dental SA (Pty)Ltd may suffer as a result of your failure or refusal to accept delivery of the goods.
All risk in, and to, the goods will pass to you on delivery of the goods to you in accordance with these STC’s. We retain ownership of all the goods which we supply to you until we receive, as freely available funds in our bank account, full payment for those goods, including any delivery or other applicable charges.
CESSION OF CLAIMS: You may sell the goods which you have received from President Dental SA (Pty)Ltd before you have paid President Dental SA (Pty)Ltd for those goods. You hereby cede to President Dental SA (Pty)Ltd as security for payment of
the goods which you have purchased or may in the future purchase from President Dental SA (Pty)Ltd, your right to claim payment (“Claims”) of any amount from any third party.
If you have already ceded the Claims to a third party, if at any time, the rights to those Claims revert from the third party back to you, this cession will immediately apply to the rights in respect of the Claims which have reverted to you.
You agree that President Dental SA (Pty)Ltd may at any time notify any third party of this cession and request the third party to pay all amounts directly to President Dental SA (Pty)Ltd if you fail to make payment of any amount which you may owe to President Dental SA (Pty)Ltd in accordance with these STC’s. President Dental SA (Pty)Ltd may also require you to collect payment of any amounts owing by third parties on President Dental SA (Pty)Ltd’s behalf. You agree to give President Dental SA (Pty)Ltd access to your books and records for the purpose of this cession.
A certificate signed by any director of President Dental SA (Pty)Ltd (whose appointment need not be proved) shall be proof until proven otherwise, of any amounts which you owe to us and the fact that such amounts are due, owing and payable.
You will not have any claim against us for a shortage in the quantity of, or defect in, the goods delivered to you unless you contact us and notify us of the shortage or defect before you sign any delivery note in respect of the goods. We are not liable for any defects of any nature in any goods which you have adapted, changed, used or consumed in any way, or which are sold to you as substandard, rejects or seconds. You may not withhold payment in respect of any goods which you claim are defective.
INDEMNITY: You indemnify us against any claims made against us by any third party arising out of, or in connection with, any goods which we supply to you, and the use of those goods, to the extent that any such claim arises out of:
1. your breach of these STC’s;
2. any grossly negligent or intentional act or omission by you or your directors, officers, members, employees, agents or subcontractors;
3. if applicable, your failure to provide a purchaser of the goods with the relevant instructions for using the goods, which instructions we have supplied to you;
4. your failure to comply with the relevant instructions for using the goods, which instructions we have supplied to you; or
5. if applicable, your use or sale of any goods which you knew, or ought reasonably to have known, were defective at the time when you used or sold them.
BREACH: We may suspend any delivery of goods to you, cancel any order and/or stop granting you credit and claim payment of all amounts which you owe to us, if:
1. you fail to pay any amount which you owe to us by the due date for payment;
2. you are subject to business rescue proceedings as contemplated in section 129 of the Companies Act, 2008;
3. you take steps to place yourself, or are placed in sequestration or liquidation, whether voluntary or compulsory and whether provisionally or finally;
4. you commit any act of insolvency listed in section 8 of the Insolvency Act, 24 of 1936, or what would be an act of insolvency if committed by a natural person;
5. you fail to notify us in writing within 7 days after any change in ownership of your business, or change in shareholding or members’ interest which constitutes a change in the majority shareholder or member; or
6. any material information which you give to us in any application for credit is incorrect, or you fail to disclose all of the required information.
NO LIABILITY: We are not liable to you for any consequential, special or indirect damages which you may suffer in any way arising from, or in connection with, these STC’s or the goods which we supply to you. Any other claim which you may have against us arising in any way from, or in connection with, the goods supplied, is limited to the cost of replacing those goods or refunding you the price which you paid for them.
GENERAL: These STC’s constitute the whole agreement between the parties containing all of the express provisions agreed on by the parties with regard to the subject matter hereof.
No variation, addition to, deletion from or cancelling of these STC’s (including this clause) and no waiver of any right under these STC’s shall be effective unless in writing and signed by or on behalf of both parties.
NO CESSION: You may not without President Dental SA (Pty)Ltd’s prior written consent, cede, assign or otherwise transfer any of your rights or obligations in terms of these STC’s to a third party. President Dental SA (Pty)Ltd may at any time, cede assign or subcontract any of its rights and/or obligations in terms of these STC’s to any third party.
LEGAL COSTS: If you breach these STC’s, whether or not we institute legal action against you, you undertake to pay, on demand, all legal costs which we incur in attempting to recover any late payment from you, on an attorney and own client scale.
JURISDICTION: You consent to the jurisdiction of the Magistrate’s Court in respect of any action arising out of these STC’s or the goods which are supplied to you.

ADDRESSES FOR NOTICES: Unless the parties agree otherwise in writing, all notices and documents must be delivered by hand, electronic mail or fax to you at your physical, fax or email address set out in your credit application form (if applicable) or otherwise selected by you on written notice to President Dental SA (Pty)Ltd, and to President Dental SA (Pty)Ltd at its physical, fax or email address set out on the first page of the credit application. Any notice or communication shall if delivered by hand during business hours at that party’s selected physical address, be deemed to have been received on the date of delivery, or if faxed to a party’s selected fax number or emailed to the selected email address, be deemed to have been received on the first business day following the date of transmission

(Note, this document is available for reuse and modification under a Creative Commons Sharealike license. We have borrowed parts of this licence from automattic.com and built on it)

Our plugins and add-ons are compatible with GDPR. Below are the common questions related to GDPR.

Do your plugins track any data?

We do not track any user data via our plugins. But if our plugin depends on any third party service, they might track user data. This can happen in following two ways:

1. Embedded Widgets

Some of our plugins have features to integrate embedded widgets as is, from third party services (like Facebook Like, Facebook Recommend, Twitter Tweet official buttons). You can include relevant text in the privacy policy of your website as mentioned below.

2. Third-party APIs/Connections

Our plugins send request to third party APIs via website-visitor’s web browser to fetch information (like social shares, social comment count). This request made by web browser may include IP address, which can then be seen by the third-party that it’s being requested from. This API request doesn’t include any personal data of the website user other than the IP address. To make your users aware of this, you can include relevant snippets in your website’s privacy policy.

Where is the data collected by your plugins stored?

We do not store any data fetched by our plugins on our servers, neither we share that data with any third party. Our plugins run absolutely on your website and store the data in the database of your website.

Do your plugins load any external scripts?

As mentioned before, our plugins run absolutely from your website and hence load the scripts too from your website with exception of third-party embedded widgets (like Facebook Like/Recommend official button, Twitter tweet official button, Facebook Comments) which require our plugin to load scripts from the servers of relevant service. You can include relevant snippets in the Privacy Policy of your website stating how these services handle privacy of your users.

GDPR Privacy Policy Snippets

Below are a collection of snippets that you can include in your website’s privacy policy, depending on which plugin and features you are using.

Super Socializer – Social Login

If you are using social login feature of our Super Socializer plugin, you can add following in the privacy policy of your website:

We collect your public profile data only from your consent that you grant before initiating Social Login, from the social network used to login at our website. This data includes your first name, last name, email address, link to your social media profile, unique identifier, link to social profile avatar. This data is used to create your user profile at our website. You can revoke this consent at any time by sending us an email.

Heateor Login

If you are using Heateor Login plugin, you can add following in the privacy policy of your website:

We collect your public profile data only from your consent that you grant before initiating Facebook Login, from the social network used to login at our website. This data includes your first name, last name, email address, unique identifier, link to social profile avatar. This data is used to create your user profile at our website. You can revoke this consent at any time by sending us an email.

Facebook Comments

If you are using Facebook Comments feature of any of our plugin, you can add following in the privacy policy of your website:

We embed Facebook Comments plugin to allow you to leave comment at our website using your Facebook account. This plugin may collect your IP address, your web browser User Agent, store and retrieve cookies on your browser, embed additional tracking, and monitor your interaction with the commenting interface, including correlating your Facebook account with whatever action you take within the interface (such as “liking” someone’s comment, replying to other comments), if you are logged into Facebook. For more information about how this data may be used, please see Facebook’s data privacy policy: https://www.facebook.com/about/privacy/update

GooglePlus Comments

If you are using GooglePlus Comments feature of any of our plugin, you can add following in the privacy policy of your website:

We use GooglePlus Comments widget at our website for you to be able to comment at our webpages using your GooglePlus account. From this interaction Google automatically collects and store certain information in server logs like IP address, device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request, in accordance with their data privacy policy: https://policies.google.com/privacy

Disqus Comments

If you are using Disqus Comments feature of any of our plugin, you can add following in the privacy policy of your website:

We use Disqus Comments widget at our website for you to be able to comment at our webpages using Disqus commenting system. Disqus may collect information about you when you register for and use the Service. Such information may include “Personally Identifiable Information” which means information that identifies you as an individual, such information may include, but is not limited to, your name, email address, telephone number, username or account ID, and “Non-Personally Identifiable Information” which means information that does not identify you as an individual. Non-Personally Identifiable Information may include, but is not limited to, information about your browser, your IP address, device ID, what pages you visit on our Partner Sites, which website you came from, what advertisements you clicked on, whether on our Partner Websites, the Service or other third party websites, and other information about your online activity that does not identify you as an individual, in accordance with their data privacy policy: https://help.disqus.com/terms-and-policies/disqus-privacy-policy

Fancy Facebook Comments Pro

If you are using Fancy Facebook Comments Pro plugin at your website and you have saved Facebook App ID and Facebook App Secret in the Moderation section, you can add following in the privacy policy of your website after enabling the GDPR opt-in from GDPR section:

We collect the data related to the Facebook Comment you post, only from your consent that you grant before posting Facebook Comment at our website. This data includes your Facebook account name, unique Facebook account identifier, unique identifier associated to the posted Facebook comment, unique open graph object identifier of the webpage at which you posted the comment, unique identifier associated to the parent comment if you reply to an existing comment. This data is used to show recent Facebook Comments made all over our website. You can revoke this consent at any time by unchecking the opt-in displayed above comment box

If you have enabled email notification from the Notification section, you can add following in the privacy policy of your website after enabling the GDPR opt-in from GDPR section:

We send the Facebook Comment you post, to page/post author and/or website administrator via automated email, only from your consent that you grant before posting Facebook Comment at our website. This data includes just the Facebook comment posted by you. You can revoke this consent at any time by unchecking the opt-in displayed above comment box

Facebook Comments Moderation

If you are using Facebook Comments Moderation add-on at your website and you have saved Facebook App ID and Facebook App Secret, you can add following in the privacy policy of your website after enabling the GDPR opt-in from GDPR section at add-on options page:

Facebook Comments Notifier

If you are using our Facebook Comments Notifier add-on at your website, you can add following in the privacy policy of your website after enabling the GDPR opt-in from GDPR section at add-on options page:

Social Analytics for Sharing

If you are using our Social Analytics for Sharing add-on at your website, you can add following in the privacy policy of your website:

We use Google Analytics to track social shares made at our website. Google automatically collect and store certain information in their server logs which includes device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL, cookies that may uniquely identify your browser or your Google Account, in accordance with their data privacy policy: https://policies.google.com/privacy

Facebook Like, Facebook Recommend, Facebook Share official buttons

If you are using social sharing feature of our plugins and you have enabled any of these official buttons, you can add following in the privacy policy of your website:

We embed a Facebook widget to allow you to see number of likes/shares/recommends and “like/share/recommend” our webpages. This widget may collect your IP address, your web browser User Agent, store and retrieve cookies on your browser, embed additional tracking, and monitor your interaction with the widget, including correlating your Facebook account with whatever action you take within the widget (such as “liking/sharing/recommending” our webpage), if you are logged in to Facebook. For more information about how this data may be used, please see Facebook’s data privacy policy: https://www.facebook.com/about/privacy/update

Twitter Tweet official button

If you are using social sharing feature of our plugins and you have enabled Twitter Tweet official button, you can add following in the privacy policy of your website:

We use a Twitter Tweet widget at our website. As a result, our website makes requests to Twitter’s servers for you to be able to tweet our webpages using your Twitter account. These requests make your IP address visible to Twitter, who may use it in accordance with their data privacy policy: https://twitter.com/en/privacy#update

GooglePlus, GooglePlus Share official buttons

If you are using social sharing feature of our plugins and you have enabled any of these official buttons, you can add following in the privacy policy of your website:

We use a GooglePlus widget at our website. As a result, our website makes requests to Google’s servers for you to be able to share our webpages using your GooglePlus account. These requests make your IP address visible to Google, who may use it in accordance with their data privacy policy: https://policies.google.com/privacy

Linkedin Share official button

If you are using social sharing feature of our plugins and you have enabled Linkedin Share official button, you can add following in the privacy policy of your website:

We use a Linkedin Share widget at our website to allow you to share our webpages on Linkedin. These requests may track your IP address in accordance with their data privacy policy: https://www.linkedin.com/legal/privacy-policy

Pinterest Save official button

If you are using social sharing feature of our plugins and you have enabled Pinterest Save official button, you can add following in the privacy policy of your website:

We use Pinterest Save widget at our website to allow you to pin images to Pinterest from our webpages. These requests may track your IP address in accordance with their data privacy policy: https://policy.pinterest.com/en/privacy-policy

Buffer official button

If you are using social sharing feature of our plugins and you have enabled Buffer official button, you can add following in the privacy policy of your website:

We use Buffer widget at our website to allow you to add our webpages to your Buffer account, which collects log data from your browser. This Log Data may include information such as your IP address, browser type or the domain at which you are interacting with the widget, in accordance with their privacy policy: https://buffer.com/privacy

Xing Share official button

If you are using social sharing feature of our plugins and you have enabled Xing Share official button, you can add following in the privacy policy of your website:

We use Xing Share widget at our website to allow you to share our webpages on Xing and this let Xing collate data about you automatically by means of tracking, in accordance with their privacy policy: https://privacy.xing.com/en/privacy-policy

Reddit Badge official button

If you are using social sharing feature of our plugins and you have enabled Reddit Badge official button, you can add following in the privacy policy of your website:

We use Reddit Badge widget at our website which may log information when you interact with the widget. This may include your IP address, user-agent string, browser type, operating system, referral URLs, device information (e.g., device IDs), pages visited, links clicked, user interactions (e.g., voting data), the requested URL and hardware settings, in accordance with their privacy policy: https://www.redditinc.com/policies/privacy-policy

StumbleUpon Badge official button

If you are using social sharing feature of our plugins and you have enabled StumbleUpon Badge official button, you can add following in the privacy policy of your website:

We use StumbleUpon Badge widget at our website which may log information when you interact with the widget. Log Data is a form of Non-Identifying Information, in accordance with their privacy policy: http://www.stumbleupon.com/privacy

Note: If you are using just the round, square social share icons that can be customized from the Theme Selection section at social share options page, you don’t need to include any privacy policy snippet regarding these in the privacy policy of your website

Terms and Conditions

Who we are