LABTECH PTY LIMITEDMORE SUBSCRIPTION PLANS – TERMS AND CONDITIONS
INTRODUCTION
Let’s make sure we are all on the same page and you understand the subscription plans offered by Labtech PTY Limited.
1.1 The terms and conditions set out below (“Subscription Terms and Conditions”) apply to the use of all subscription plans made available by Labtech PTY Limited Online (RF) (Pty) Ltd (“Labtech PTY Limited”, “we”, “us” and “our”). Please read these Subscription Terms and Conditions carefully.
1.2 These Subscription Terms and Conditions are subject to, and should be read with, the Labtech PTY Limited Terms and Conditions, the Labtech PTY Limited Privacy Policy, and the Labtech PTY Limited Returns Policy. However, if you are a corporate buyer, these Subscription Terms and Conditions are subject to, and should be read with your Corporate Buying Agreement you have with us.
1.3 Nothing in these Subscription Terms and Conditions is intended to unlawfully limit your statutory rights in any way. Please take special note of the following clauses: 2.1 to 2.1.3; 2.4; 3.2 to 3.2.4; 3.3; 3.5 to 3.5.3; 4.4; 5.3 to 5.4; 6.5; 7.5; 7.8; 8.1 and 10.4.
ELIGIBILITY
First things first, determine whether you are eligible to use any subscription plans made available by Labtech PTY Limited.
2.1 To be eligible to join any subscription plan, you will need to:
2.1.2 have a registered Labtech PTY Limited customer account that is linked to a verified mobile number; and
2.1.3 have an authenticated debit, credit or cheque banking card linked to your Labtech PTY Limited customer account which is selected as a payment option for a subscription plan.
2.2 If you are eligible, you can apply to become a Subscriber by following the registration process on your ‘My Account’ tab on the Labtech PTY Limited.com website or related app. A “Subscriber” is a person who has successfully registered to use a subscription plan through the registration process prescribed by Labtech PTY Limited and your registration has been accepted by Labtech PTY Limited.
2.3 As a Subscriber:
2.3.1 you may not transfer or assign your subscription or any associated benefits to any other person or otherwise transfer your rights and obligations in terms of these Subscription Terms and Conditions to any other person.
2.3.2 you may not use your associated benefits received through your subscription plan to purchase products on the Labtech PTY Limited.com website for the purposes of resale.
2.3.3 you can only be a Subscriber to one subscription plan offered by Labtech PTY Limited. Should you wish to switch your subscription plan to another subscription plan, please refer to the UPGRADING AND DOWNGRADING provisions below.
2.4 We reserve the right to accept or refuse your registration at our sole discretion. We may refuse your registration even if you are eligible, complete the registration process and agree to these Subscription Terms and Conditions. We are in no way obliged to give reasons if we do not let you register or use a subscription plan.
SUBSCRIPTION PLANS AND ASSOCIATED BENEFITS
If you are eligible, now’s the time to decide which subscription plan suits you best.
3.1 Labtech PTY Limited offers two subscription plans: namely Standard and Premium. The associated monthly benefits and fees for each subscription plan can be found by clicking this Benefits Table link, which is incorporated into these Subscription Terms and Conditions by reference.
3.2 In addition to the rules and limitations set out in the Benefits Table above, the benefits enjoyed under a subscription plan will not be applicable to all the products available for sale on the Labtech PTY Limited.com website or related app, nor will it be applicable to all times and/or areas where Labtech PTY Limited normally delivers. In this regard:
3.2.1 Certain benefits, including same-day or next-day deliveries/collections, are dependent on in-stock product availability at Labtech PTY Limited distribution centres located in close proximity to your delivery address. These rules and limitations are set out in more detail here, which is incorporated into these Subscription Terms and Conditions.
3.2.2 Certain benefits, including same-day or next-day deliveries/collections, are dependent on what time of the day you place your order. Same-day and next-day deliveries/ collections will need to be placed before a certain time on that day. Similarly, same-day and next-day deliveries may be temporarily disabled for operational reasons during peak customer order periods. These rules and limitations are set out in more detail here, which is incorporated into these Subscription Terms and Conditions.
3.2.3Certain benefits are dependent on where the delivery address is situated. Only certain areas will be eligible for same-day or next-day deliveries/collections. These rules and limitations are set out in more detail here, which is incorporated into these Subscription Terms and Conditions. [
3.2.4 If only some products in your order are eligible for benefits under a subscription plan, the benefits will only be applicable to those eligible products and will not apply to the ineligible products. For the ineligible products, Labtech PTY Limited Terms and Conditions will apply.
3.2.5 Mr D benefits can only be used if you have a registered Mr D customer account and you have linked that account to the Labtech PTY Limited account that you are using for your subscription plan. These rules and limitations are set out in more detail here, which is incorporated into these Subscription Terms and Conditions.
3.3 Labtech PTY Limited reserves the right to temporarily disable any benefits under any subscription plan for operational reasons for as long as those operational reasons persist.
3.4 If monthly benefits are not used by you within a particular Subscription Period (as defined below under SUBSCRIPTION AND BILLING PERIOD), those unused benefits will not accumulate or roll-over into the next Subscription Period.
3.5 Please note that the benefits may change, but we will give you prior notice of such changes. We reserve the right to make changes from time to time in what we offer and/or how we operate the subscription plans. We may, at our sole discretion:
3.5.1 add, remove or change benefits associated with a subscription plan;
3.5.2 decrease or increase the order minimum or number of orders per month associated with a benefit; and/or
3.5.3 decrease or increase the fee per month for any subscription plan.
(“Subscription Amendment”).
3.6 As a Subscriber, we will notify you of any Subscription Amendment in advance by sending you an email, sms or pop-up notification when you log into your Labtech PTY Limited customer account. Should you not be satisfied with the Subscription Amendment, you can at any time cancel your subscription, in this regard, please refer to the CANCELLATION provisions below.
FREE TRIAL
We appreciate that you need to assess whether the subscription plan you have subscribed for suits your needs. That is why we offer a free trial period to help you figure it out.
4.1 Subject to the provisions hereunder, as a Subscriber, you are entitled to one free trial period as set out in the Benefits Table (“Free Trial”) when you first successfully register for a subscription plan and Labtech PTY Limited accepts that registration to conclude the agreement.
4.2 During the Free Trial, you will enjoy all the benefits associated with your subscription plan. In line with the cooling-off rights afforded to you by applicable law, you may cancel the Free Trial, at any time, at no cost to you.
4.3 At the expiry of the Free Trial, you will be required to pay the relevant monthly fee and the subscription will continue on a month-to-month basis (“Subscription Term”). Should we not receive payment of the monthly fee at the expiry of the Free Trial, you will not be able to access the benefits under your subscription plan.
4.4 Free Trials are strictly reserved for first-time Subscribers. You are not eligible for a Free Trial for both subscription plans, only for the first subscription plan you successfully have registered for. You may not qualify for a Free Trial if your payment details have been used for another subscription plan or if you have registered for a subscription plan before (for instance you registered under another Labtech PTY Limited customer account). We reserve the right, at our sole discretion, to determine whether you are entitled to a Free Trial.
SUBSCRIPTION AND BILLING PERIOD
Our subscription plans are on a month-to-month basis, giving you the control and the flexibility you need.
5.1 Where a Free Trial is applicable: your subscription plan will commence at the expiry of the Free Trial and against payment of the monthly fee associated with that subscription plan (“Commencement Date”).
5.2 Where a Free Trial is not applicable, for whatever reason: Your subscription plan will commence when you successfully register for a subscription plan, Labtech PTY Limited accepts the registration and against payment of the monthly fee associated with that subscription plan (also “Commencement Date”).
5.3 From the Commencement Date, the subscription plan will then continue automatically on a month-to-month basis (each month referred to as a “Subscription Period”) until it is ended by you, or by us, in accordance with these Subscription Terms and Conditions. On the first day of each Subscription Period, the monthly fee associated with that subscription plan will be owing and must be paid in advance (“Billing Date”). Please note that the Billing Date is determined by the date on which it is owing, and not determined by the date on which payment of the monthly fee is received. Further, the Billing Date will take place on the same date every month (unless that Billing Date was on 31st, in which case the Billing date will be on the last day of each month).
5.4 By agreeing to the Subscription Terms and Conditions, you acknowledge that you authorise us (without further notice to you, unless required by applicable law) to automatically charge monthly fees owing using your chosen payment method we have on record for you.
5.5 As a Subscriber, you will not be able to use any benefits under your subscription plan if payment is not effected (for any reason) on the Billing Date. Should we for any reason provide benefits to you while your payment has not been effected, that should not be regarded as a waiver of our rights to remove benefits under a subscription plan.
5.6 In the event that payment of the monthly fees is effected after the Billing Date, the full monthly fee will be due for the Subscription Period in which payment is effected, without reduction of the monthly fee, and you will only enjoy the associated benefits for the remainder of that Subscription Period.
5.7 Invoices for successful payments made pursuant to your subscription plan will be available on the ‘My Account’ tab, under ‘Payment History’.
UPGRADING OR DOWNGRADING
You can switch subscription plans if you want to. Just note that the switch will not be immediate if you decide to downgrade.
6.1 You are able to switch your current subscription plan for another subscription plan during your Free Trial, however please note that you will lose your Free Trial entitlement if you decide to upgrade (switching from Standard to Premium).
6.2 After the Commencement Date, and subject to the terms set out below, you are entitled to switch your current subscription plan for another subscription plan. The timing of the switch will depend on whether you are upgrading or downgrading your subscription plan:
6.2.1 Upgrading: If you are upgrading your subscription plan, the subscription plan will be switched with immediate effect provided the monthly fee associated with the subscription plan (you decided to switch to) is paid in advance on the Billing Date.
6.2.2 Downgrading: If you are downgrading your subscription plan, the subscription plan will be switched with effect from the first day of the next Subscription Period.
6.3 In order to switch your subscription plan, you must access your Labtech PTY Limited account and navigate to your ‘Subscription Dashboard’ and follow the instructions for switching.
6.4 We will not allow switching if you have any outstanding payments on your current subscription plan and you want to switch to another subscription plan.
6.5 Any switching of subscription plans constitutes amendments to the existing agreement we have with you, it does not constitute a new agreement.
CANCELLATION
Subscription not for you? No problem.
7.1 You may cancel your subscription plan at any time during the Subscription Period without reason. The cancellation will be effective (i) on the last day of the Subscription Period in which you instructed us to cancel the subscription plan, or (ii) 20 business days from when you instructed us to cancel the subscription plan, whichever period is shorter in the circumstances. You will still enjoy the benefits under your plan until the effective date of the cancellation, which is why there will be no refund of monthly fees in these circumstances.
7.2 Notwithstanding the above cancellation provision, if you are a Subscriber as contemplated in clause 5.2, and in accordance with the cooling-off rights afforded to you by applicable law, you will be entitled to cancel your subscription plan within 7 calendar days from the Commencement Date, at no cost to you and with a refund of your monthly fee paid, but only if you have not used any of the benefits under the subscription plan (if you have used any of the benefits under your subscription plan, clause 7.1 will apply).
7.3 In order to cancel your subscription plan, you must access your Labtech PTY Limited account and navigate to your ‘Subscription Dashboard’ and follow the instructions for cancellation.
7.4 You must cancel your subscription plan on or before the next Billing Date to avoid the next monthly billing.
7.5 Non-payment does not cancel your subscription plan, it only suspends the associated benefits under your subscription plan until payment is received. However, if there has been non-payment by you for three consecutive Subscription Periods, we reserve the right to terminate your subscription plan with immediate effect.
7.6 Upgrading or downgrading your subscription plan does not cancel your subscription plan, it constitutes an amendment to the existing transaction we have with you.
7.7 We may at any time and for any reason terminate your subscription plan, or the operation or availability of a subscription plan, or your right to use the subscription plan or any part thereof. We will exercise this right by giving you 30 calendar days’ prior notice (unless the termination is required by law or it is reasonable in the circumstances to give shorter notice).
7.8 We reserve the right to immediately terminate your subscription plan without notice to you for conduct that we determine in our discretion, violates these Subscription Terms and Conditions or any applicable law, involves fraud or misuse of the subscription plan. Our failure to enforce your strict compliance with these Subscription Terms and Conditions will not constitute a waiver of any of our rights.
AMENDMENTS
From time to time, we may need to make changes to these Subscription Terms and Conditions.
8.1 Save for Subscription Amendments where you will receive prior notice, Labtech PTY Limited may, in its sole discretion, change any of these Terms and Conditions at any time (to the extent that they do not constitute material changes in terms of the Consumer Protection Act). It is your responsibility to regularly check these Subscription Terms and Conditions and make sure that you are satisfied with the changes.
8.2 Should you not be satisfied with any of the amendments to these Subscription Terms and Conditions, you can at any time cancel your subscription, in this regard, please refer to the CANCELLATION provisions above.
MORE DEALS AVAILABLE TO SUBSCRIBER
If you are a subscriber, you get to enjoy even great deals – called ‘More Deals’.
9.1 As a Subscriber, you will be able to purchase products on More Deals which are made available by Labtech PTY Limited from time to time, subject to these terms set out below.
9.2 More Deal quantities are limited and as such, after a More Deal is sold out, those particular products may be available on the Website at their normal selling prices (but no longer a More Deal).
9.3 Labtech PTY Limited does not guarantee a specific saving and the extent of saving for the More Deal is at the sole discretion of Labtech PTY Limited.
9.4 Four (4) of each product on a More Deal may be purchased per order.
9.5 Adding a More Deal to your cart, or completing your order for a More Deal without paying for it, does not reserve the item for you. Labtech PTY Limited must receive payment from you within 25 hours of you placing your order for a More Deal, otherwise we will cancel your order.
9.6 Labtech PTY Limited will reserve stock for Subscribers in the order in which it receives payment. Therefore if you pay via EFT, you might not get your item because Labtech PTY Limited may only receive payment from you a few days later, and in the meantime the More Deal might sell out to other subscribers paying immediately.
9.7 More Deals are available during your Free Trial. However, if you are not in a Free Trial Period, you will not be able to purchase More Deals under your subscription plan if payment is not effected (for any reason) on the Billing Date.
9.8 More Deals are available provided you still have benefits available to you during that Subscription Period.
PRIVACY AND MARKETING
Your privacy is important to us.
10.1 We respect your privacy and will take all reasonable measures to protect it, as more fully detailed in our Privacy Policy, which is incorporated into these Subscription Terms and Conditions by reference.
10.2 As a Subscriber, you agree to receive communications from time to time relating to your subscription plan or your associated benefits under your subscription plan, through email, sms or through a pop-up notification when you access our Labtech PTY Limited app.
GENERAL TERMS
Well done for making it this far in our terms and conditions. We just have a few more important terms to get through!
11.1 Any failure on the part of you or Labtech PTY Limited to enforce any right in terms hereof shall not constitute a waiver of that right.
11.2 If any term or condition contained herein is declared invalid or unlawful, the remaining terms and conditions will remain in full force and effect.
11.3 These Subscription Terms and Conditions contain the whole agreement between you and Labtech PTY Limited insofar as your subscription plan is concerned, and no other warranty or undertaking is valid, unless contained in this document between the parties.
11.4 Labtech PTY Limited shall not be liable for any direct, indirect, incidental or consequential damages of any nature whatsoever, which arise from the use of a subscription plan, or inability to use benefits under a subscription. Further, you hereby indemnify Labtech PTY Limited against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of a subscription plan.