MitoGenix (PTY) LTD

Terms and Conditions

Effective Date: 1 August 2026

1.Introduction

Welcome to MitoGenix (PTY) LTD ("MitoGenix", "we", "us", "our"). By accessing or using our website and online store (the "Site"), or by purchasing our products or services, you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree, please refrain from using the Site or purchasing from us.

These Terms govern the ordering, sale, and delivery of products, and the use of the Site. They apply to all users, including browsers, customers, vendors, and contributors of content. Additional policies, including our Privacy Policy, Delivery Policy, and Returns and Exchanges Policy, are incorporated into these Terms by reference.

We reserve the right to update these Terms at any time by posting revised Terms on this page. Where changes materially affect your rights, we will place a prominent notice on the Site. Your continued use of the Site after changes are posted constitutes acceptance of the updated Terms. It is your responsibility to check this page periodically.

2.Eligibility

By using this Site and/or placing an order, you represent and warrant that:

• You are at least 18 (eighteen) years of age, or are acting with the consent of a parent or legal guardian;
• You are legally capable of entering into a binding agreement;
• You will not use our products or services for any unlawful or unauthorised purpose;
• You will comply with all applicable laws of the Republic of South Africa.

We reserve the right to refuse service to any person, for any reason, at any time.

3.General Conditions

• You are solely responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account. We accept no liability for any loss or damage arising from unauthorised access to your account resulting from your failure to keep your credentials secure.
• You may not transmit any worms, viruses, or code of a destructive or harmful nature.
• You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site or its content without our express prior written consent.
• A breach of any of these Terms may, at our sole and absolute discretion, result in the immediate suspension or termination of your account and access to our Services. You shall be liable for all reasonable legal costs we incur as a result of such breach, on an attorney-and-own-client scale.
• Any indulgence, extension of time, or waiver granted by us shall not be construed as a waiver or variation of any of our rights or remedies under these Terms or in law.
• We reserve the right to limit or cancel quantities purchased per person, per household, or per order, including orders appearing to be placed by resellers or distributors.
• Where an order is cancelled and payment has been made, you will be refunded within 30 (thirty) business days of such cancellation.

4.Privacy and Personal Information

Your privacy is important to us. By using this Site, you confirm that you have read and understood our Privacy Policy, which details how your personal information is collected, stored, used, and protected.

All personal information you provide will be processed in accordance with the Protection of Personal Information Act 4 of 2013 ("POPIA") and all other applicable South African data protection legislation.

We may use your personal information to:

• Process and fulfil orders and communicate with you regarding them;
• Operate, maintain, and improve the Site and your account;
• Develop new products and services;
• Conduct internal administration, analytics, and statistical analysis;
• Send you marketing communications where you have consented to receive these (you may opt out at any time).

We will not sell, rent, or disclose your personal information to third parties without your consent, except where required by law or a competent regulatory authority. In such cases, we will disclose only the minimum information necessary to comply.

Our Site uses cookies to identify your device and improve your experience. You may adjust your browser settings to disable cookies, though this may affect your experience on the Site.

Payment card details are always encrypted during transmission. While all reasonable precautions are taken, we cannot guarantee the absolute security of information transmitted over the internet.

5.Products and Services

All MitoGenix products are categorised as complementary health supplements. They are not intended to diagnose, treat, cure, or prevent any disease or medical condition.

All products are subject to availability and are sold within the Republic of South Africa only. All prices are quoted in South African Rands (ZAR) and include Value-Added Tax (VAT) unless otherwise stated.

We reserve the right to:

• Limit the quantities of any product or service offered for sale;
• Restrict sales to any person, geographic region, or jurisdiction;
• Modify or discontinue any product or service, or change its specifications, at any time without prior notice;
• Substitute any complimentary or promotional item included in an offer with a product of equal or greater value if the advertised item is out of stock.

We will notify you as soon as reasonably practicable if any product you have ordered is unavailable. Product images are for illustrative purposes only. Actual appearance and packaging may vary.

6.Pricing Policy

All prices are displayed in South African Rands (ZAR) and include VAT unless otherwise stated. Prices are subject to change at any time without prior notice and may differ from those available through other retail channels.

Special promotions and discount codes are subject to specific conditions including stock availability, and may not be combined with already-discounted items unless expressly stated. A delivery fee, where applicable, will be shown as a separate line item at checkout.

We are not liable to you or any third party for any modification, price change, suspension, or discontinuation of any product, service, or promotion.

7.Ordering and Payment

Orders placed on our Site constitute an offer by you to purchase products subject to these Terms. Your order is accepted by us when you receive an order confirmation. Failure to formally notify acceptance does not affect the validity of the sale.

By submitting an order, you warrant that:

• You are authorised to use the payment method provided;
• Sufficient funds are available to complete the transaction;
• All account, billing, and contact information provided is current, complete, and accurate.

Payment is processed prior to dispatch. You agree to promptly update your account and payment information to enable us to fulfil your orders and contact you as needed. We reserve the right to refuse any order we reasonably suspect to be fraudulent or to exceed fair personal use.

8.Delivery

We deliver Monday to Friday, between 08:00 and 17:00. No deliveries are made on weekends or public holidays.

Delivery typically takes between 2 and 7 (two to seven) business days from the date your order has been placed and payment confirmed. We will use our best endeavours to meet this timeframe, but we cannot guarantee it.

On delivery, you or your authorised representative may be required to produce a valid form of identification and sign a delivery confirmation. Any person who accepts delivery at the specified address is presumed to be authorised to do so on your behalf.

Should no-one be available to accept delivery, the courier will leave a notice and attempt to contact you to arrange an alternative time. We reserve the right to charge an additional delivery fee in such circumstances.

Delivery is fulfilled by third-party courier service providers. To the extent permitted by applicable law, we are not liable for any loss, damage, or delay caused by the acts or omissions of such providers.

9.Returns and Refunds

If you are dissatisfied with any product purchased from MitoGenix, you may return it for a refund, replacement, or exchange, subject to the following conditions:

• You must provide the original tax invoice;
• Items must be returned within 6 (six) months of the purchase date, provided the product has not expired within that period;
• Product packaging must be intact, sealed, and untampered with. We do not accept returns of products whose packaging has been opened or tampered with, or products of a personal hygiene nature.

Refunds are not automatic. The decision to refund, exchange, or replace rests at our sole discretion following inspection of the returned item. If you do not hold the original invoice, we may exchange the product at its current system price.

Returns for reasons unrelated to a product fault or order error will be at your cost. You will be liable for all courier and handling fees incurred, regardless of the original order value.

For all returns and refund queries, please contact us using the details provided at the end of these Terms.

10.Cancellations

Cancellation requests must be submitted before your order is dispatched. Cancellations are accepted at our sole and absolute discretion, and we provide no warranty that any cancellation will be accepted.

We reserve the right to debit your payment method for any delivery or administration fees incurred in connection with a cancellation. If your payment is reversed or your payment card ceases to be valid, you remain liable for the full purchase price, including all costs incurred by us in recovering such amount.

We reserve the right to cancel any sale or terminate your account immediately upon breach of these Terms, without prejudice to any other rights or remedies available to us.

11.Medical Disclaimer

All MitoGenix products are complementary health supplements only. They are not intended to diagnose, treat, cure, or prevent any disease or medical condition.

Nothing on this Site constitutes medical advice. All information is provided for general informational purposes only and must not replace consultation with a qualified healthcare professional or registered medical practitioner.

We strongly encourage you to seek personalised professional advice before commencing use of any supplement, particularly if you are pregnant, breastfeeding, taking prescription medication, or managing a chronic health condition. We disclaim all liability arising from reliance on the information provided on this Site in place of professional medical guidance.

12.Accuracy of Information

We take reasonable steps to ensure that all information on our Site is accurate and current. However, we do not warrant that all content, product descriptions, pricing, or images are always complete, error-free, or up to date.

We reserve the right to correct errors, inaccuracies, or omissions at any time and to cancel orders where information was materially inaccurate at the time of submission, without prior notice. No obligation exists to update information except as required by law.

13.Intellectual Property

All content on this Site, including but not limited to text, graphics, logos, images, audio, software, and data compilations (collectively, "Content"), is the property of MitoGenix (PTY) LTD or its licensors and is protected under the laws of the Republic of South Africa and applicable international intellectual property law.

You are granted a limited, non-exclusive, revocable licence to access and make personal, non-commercial use of this Site. This licence does not include the right to:

• Reproduce, duplicate, copy, sell, or exploit any Content or portion of the Site;
• Frame or enclose any Content, trademark, or logo using framing techniques;
• Use meta tags or hidden text incorporating our name or trademarks;
• Modify, reverse engineer, or create derivative works from the Site or its Content;
• Use automated tools such as scrapers, spiders, or crawlers to extract data from the Site.

This licence may be revoked at any time. Unauthorised use automatically terminates the licence and may result in legal action.

14.User Content and Submissions

Any feedback, suggestions, ideas, or other material you submit to us ("Submissions") will be treated as non-confidential and non-proprietary. By submitting, you grant MitoGenix a royalty-free, worldwide licence to use, reproduce, modify, publish, and distribute your Submission for any purpose.

You warrant that your Submission:

• Is your original work, or you are authorised to submit it;
• Does not infringe the intellectual property rights of any third party;
• Does not contain unlawful, defamatory, obscene, or otherwise objectionable content;
• Does not contain viruses or other malicious code.

We reserve the right to remove any Submission at our sole discretion and are under no obligation to post, maintain, or respond to any Submission.

15.Prohibited Uses

You are expressly prohibited from using the Site or its Content to:

• Engage in any unlawful activity, or solicit others to do so;
• Violate any South African or international law, regulation, or ordinance;
• Infringe our intellectual property rights or those of any third party;
• Harass, abuse, defame, or discriminate against any person on any ground, including gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• Submit false, misleading, or fraudulent information;
• Upload or transmit viruses or any other malicious code;
• Collect or track the personal information of others without their consent;
• Spam, phish, scrape, or engage in any other unauthorised automated data collection;
• Interfere with or circumvent the security features of the Site or any related system or network.

We reserve the right to terminate your access to the Site for any prohibited use without prior notice and without prejudice to any other remedy.

16.Third-Party Links and Tools

Our Site may contain links to third-party websites or provide access to third-party tools. These are provided for convenience only and do not constitute an endorsement by MitoGenix of any third-party products, services, or content.

We have no control over third-party websites or tools and accept no responsibility for their content, accuracy, or practices. Your use of any third-party site or tool is entirely at your own risk and subject to that third party's terms and conditions. We encourage you to review the terms and privacy policies of any third-party site you visit.

We shall not be liable for any loss or damage arising from your use of or reliance on any third-party website, advertisement, or tool accessed through our Site. Complaints regarding third-party products or services should be directed to the relevant third party.

17.Disclaimer of Warranties and Limitation of Liability

Use of the Site and our products is at your own risk. The Site and all products and services are provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

To the fullest extent permitted by applicable South African law, MitoGenix (PTY) LTD, its directors, officers, employees, agents, and suppliers shall not be liable for:

• Any indirect, special, incidental, punitive, or consequential loss or damage;
• Loss of profits, revenue, data, business opportunity, or goodwill;
• Damage arising from access delays, interruptions, data corruption, or system failures;
• Loss or damage caused by your reliance on third-party websites, tools, or content;
• Damage caused by viruses or malicious code obtained through the Site;
• Damage arising from events beyond our reasonable control (force majeure).

Where we are found liable for direct damages under applicable law, our maximum aggregate liability shall not exceed the total purchase price paid by you for the specific product or service giving rise to the claim.

No claim arising from or related to the use of this Site or these Terms may be brought more than 1 (one) year after the relevant cause of action arose.

18.Indemnification

You agree to indemnify, defend, and hold harmless MitoGenix (PTY) LTD and its directors, officers, employees, agents, and affiliates from and against any claims, demands, losses, damages, costs, or expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of or access to the Site;
• Your breach of these Terms;
• Your violation of any applicable law or the rights of any third party;
• Any content or Submission you provide to us;
• Your use of any automated data-collection tools on the Site.

19.Online Promotions and Competitions

MitoGenix may from time to time run promotions, competitions, or loyalty programmes. By participating, you agree to the following general conditions:

• Promotions are open to South African residents only, unless otherwise stated;
• Employees of MitoGenix, their immediate families, and associated agencies are excluded from all competitions;
• All promotions are subject to stock availability and the specified closing dates;
• MitoGenix reserves the right to modify, suspend, or cancel any promotion at any time without prior notice;
• The judges' decision in any competition is final and no correspondence will be entered into;
• MitoGenix is not responsible for lost, damaged, delayed, or electronically corrupt entries.

20.Dispute Resolution

A dispute arises under these Terms when one party notifies the other in writing. The parties agree to attempt to resolve any dispute through the following steps:

• Negotiation: The parties' representatives shall meet within 10 (ten) business days of notification and endeavour to resolve the dispute by written agreement within a further 15 (fifteen) business days.
• Mediation: If negotiation fails, the dispute shall be referred to mediation under the rules of the Arbitration Foundation of Southern Africa ("AFSA"), as amended from time to time.
• Arbitration: If mediation fails, the dispute shall be referred within 15 (fifteen) business days to expedited arbitration under AFSA's latest rules. Arbitration shall be conducted in English, in Johannesburg. The arbitrator's decision shall be final and binding on both parties.

Nothing in this clause limits either party's right to approach a court of competent jurisdiction for urgent interim relief while dispute resolution proceedings are underway.

21.Governing Law

These Terms and Conditions, and any dispute arising from or in connection with them or their subject matter, shall be governed by and construed in accordance with the laws of the Republic of South Africa.

By using this Site, you submit to the non-exclusive jurisdiction of the South African courts in respect of any such dispute.

22.Notices

By using this Site, you consent to receive notices, disclosures, and other communications from us electronically, whether by email or by posting on the Site. Electronic notices satisfy any legal requirement that communications be in writing.

Formal notices must be sent in English by hand, registered post, or email, and will be deemed received as follows:

• By hand: on the date of delivery;
• By registered post: 10 (ten) business days after the date of posting;
• By email: on the date confirmed by a read receipt or delivery confirmation.

23.General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, Delivery Policy, and Returns Policy, constitute the entire agreement between you and MitoGenix regarding the use of this Site and supersede all prior agreements and understandings.
• Severability: If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be severed from the Terms without affecting the validity and enforceability of the remaining provisions.
• No Waiver: Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Cession: MitoGenix (PTY) LTD reserves the right to cede, assign, or delegate all or any of its rights and obligations under these Terms.
• No Partnership: Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and MitoGenix.
• Headings: Clause headings are for convenience only and shall not affect the interpretation of these Terms.

Contact Us

For any questions, complaints, or queries regarding these Terms and Conditions, please contact us: