Last updated: 21 January 2021
The following Terms and Conditions of Use govern Your use of this site and its services. For Your own sake We recommend that You read through this document in its entirety before using any of the services or products featured on this website.
| 1: | Introduction |
| These terms and conditions of use constitute a legal agreement between You (“User”, “Customer”, “Buyer” or “Member”) and petloversmarket.co.za (“We”, “Our”, “Us”, “Website” or “PLM”) for use of the services and products provided on the petloversmarket.co.za website. PLM provides this service to You with the following terms and conditions which may be updated as we see necessary. Please read this agreement carefully before signing up as a member or continuing to use this website, as this agreement is intended to protect You, petloversmarket.co.za and all other parties involved, and make petloversmarket.co.za safe for all users. | |
| 2: | Accepting |
| The use of this Website is subject to Your unconditional acceptance of the terms, conditions and regulations contained within this document and any other guidelines or rules applicable to this website. By using this Website You agree to be bound by the terms and conditions of this agreement. If You do not agree, do not check the box indicating agreement and/or cease using this website.If You are not yet 18 (or regarded as legally adult), the You must obtain Your parents’ or legal guardians’ prior authorization, permission and consent to be bound by these terms and conditions of use prior to accessing our website, using any of the services on our web site or participating in any of the activities offered. If You are under 18 (or are not regarded as legally adult), and fail to obtain such consent, You may not access our website, use the services or participate in the activities available via our website.These Terms and Conditions of Use may be updated from time to time with or without notice, as detailed in the section 14. Modifications to agreement below.The Conditions will be exclusively governed by and construed in accordance with the laws of the Republic of South Africa whose courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. | |
| 3: | Terminology |
| To the best of its ability, petloversmarket.co.za does not use any ambiguous or misinterpretable terminology. “Customer” and “Buyer” refers to an individual who has purchased or intends to purchase products and/or services through PLM.”Member” refers to an individual who has registered on PLM and has an activated Profile.”Profile” refers to the information We have recorded regarding a Customer, Buyer and/or Member.”Goods” and “Product(s)” refers to the products and items We sell through PLM.“Order” means a request by You to purchase Goods from Us. | |
| 4: | Nature of service |
| petloversmarket.co.za’s primary objective is to provide a service where individuals (You) can browse and purchase products online intended for your pets. The available products include, but are not limited to, food, medication, equipment and accessories. These products are subsequently delivered to an address within South Africa designated by the Buyer.To aide with Customers’ purchasing needs, PLM posts reviews and articles provided either by PLM, other customers, or trustworthy news sources.PLM also seeks to generate an online community revolving around pets in South Africa so as to benefit pet owners and their pets. To that end PLM develops additional sites and services, as well as interacting with pet owners through third-party social media (e.g. Facebook, Twitter, Google+). | |
| 5: | Account |
| During the course of using PLM, You may create an account. This account will allow you to save products, keep an online record of your purchases on PLM, view your reward points, as well as post reviews on the products we sell.When creating an account, you will need to provide your contact details, as well as a delivery address. This will form part of your Profile. Moreover, you will need to provider a password to log into your Account. The password is used for authentication purposes to access the Members section of this website. The rights of any Member to use this website, and any other product or service offered by PLM, is personal to that Member and is non transferable by assignment, sublicense or any other method to any other person or entity. Any such attempt will constitute a breach of this agreement and will result in termination of the member’s right to use this website. Members are responsible for changing/choosing a password, and taking the necessary precautions, such as to maintain the privacy of his or her password. In the event that a Member suspects that a third party has access to his or her account, the Member shall change his or her password immediately by using the facilities provided to modify his or her profile. Should the problem persist petloversmarket.co.za must be notified via the form on our contact us page. You agree that petloversmarket.co.za and other Users of this website are entitled to rely and solely attribute to You any action that is undertaken using Your account, registered e-mail or password. Hence You are solely liable for any loss or damages, in whatever form, arising from the misuse of Your account, registered e-mail or password, whether or not such misuse is due to Your fault or negligence. You agree that the provision set forth above is commercially reasonable. You agree that PLM may contact You by phone, sms and/or e-mail provided by You to Us during the Account creation to primarily, but not limit to, contact You with regards to your order(s). This includes checking payments made, delivery addresses, and order fulfillment. PLM takes reasonable steps to prevent any loss of data. In the unlikely event of such a data loss (including but not limited to computer systems’ failure) causing unrecoverable loss of details, petloversmarket.co.za will not be held responsible for any kind of damages the member could sustain as the result of such data loss. Each member is responsible for keeping copies of all details provided by petloversmarket.co.za. | |
| 6: | Ownership |
| All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of petloversmarket.co.za and is protected by international copyright laws. The compilation of all content on this site is the exclusive property of petloversmarket.co.za and protected by international copyright laws. All software used on this site is the property of petloversmarket.co.za or its software suppliers and protected by international copyright laws.Ownership in all Goods sold and delivered shall remain vested in PLM until the full purchase price has been paid by the Buyer.Upon registration all copyrights regarding any additional information provided by petloversmarket.co.za, which includes, but is not limited to, the information completing an order, remains with petloversmarket.co.za. This information cannot be copied, retransmitted, resold or published without the prior consent of petloversmarket.co.za. Failure to comply will not only constitute a breach of PLM’s Terms of Use by You resulting in immediate cancellation of Your registration, but may also result in prosecution to the fullest extent of the law and indemnification. | |
| i) | Member submitted images |
| In submitting any image (further referred to as “Content”) to this website You warrant that You are the sole copyright holder. Further, by allowing Your image to be used You certify that You control the legal rights and relevant permissions necessary to display this image. Any violation of this rule will result in immediate termination of the Member’s rights to this website and incur possible legal consequences. Further, by submitting Your images, You grant petloversmarket.co.za, its employees and affiliates, a non-exclusive right to store, resize, copy, distribute, transmit, display, reproduce, transfer and access these files on the petloversmarket.co.za primary website and any computer system owned, rented, or accessible by petloversmarket.co.za which includes, but is not limited to, third-party social media platforms, as we, at our sole discretion, find necessary, including but not limited to, normal website operation, image manipulation, adding of watermark, and using images to promote petloversmarket.co.za. You also confirm that the images You submit are a true representation and likeness of the intended item, such as pets and owners. | |
| ii) | Other by user submitted content |
| Any reviews, comments, critiques, testimonials, feedback, ideas, concepts or other by user submitted information, is not deemed confidential and petloversmarket.co.za is free to reproduce, use, disclose and distribute this information (the said materials, hereinafter referred to as “Material”) to others without limitation. You agree that petloversmarket.co.za may use this Material for any purpose without any obligation of payment, or otherwise, to You. Should members submit insults, profanity, intolerant remarks, subjective or irrelevant text, petloversmarket.co.za reserves the right to terminate the registration of the relevant member. The Material referred to in this section excludes any personally identifiable information provided by You in connection with Your Profile. For terms and conditions relating to our use of personally identifiable information please see our Privacy Policy. This Privacy Policy is controlling and overrides any conflicting language contained in these Terms and Conditions of use of such information. | |
| iii) | Website |
| This website is owned and operated by petloversmarket.co.za. All content featured or displayed on this website including, but not limited to, text, graphics, photographs, sound, illustrations, moving images and software, is owned by petloversmarket.co.za. All elements of petloversmarket.co.za are protected by, but not limited to, trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Unless explicitly permitted under this or another agreement with petloversmarket.co.za, no content from this website may be rented, leased, loaned, sold, copied, reproduced or assigned via any means other than this website and its content and all relating rights shall remain the exclusive property of petloversmarket.co.za, unless otherwise expressly agreed. You shall indemnify petloversmarket.co.za against any losses, expenses, costs or damages incurred by any breaches of the rights specified in these terms of conditions of use or Your unauthorized use of the content or related rights. | |
| 7: | Disclaimer |
| THIS WEBSITE AND ITS CONTENT INCLUDING, BUT NOT LIMITED TO, ANY SERVICES, PRODUCTS OR RESULTS, ARE PROVIDED “AS IS” AND PETLOVERSMARKET.CO.ZA EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. PETLOVERSMARKET.CO.ZA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT PETLOVERSMARKET.CO.ZA, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE. Except as specifically stated in these Terms and Conditions of Use or elsewhere on this website, or as otherwise required by applicable South African law, neither petloversmarket.co.za nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of Your use of, Your inability to use, or the performance of this website or the content whether or not we have been advised of the possibility of such damages, and that the risk of injury from any such event rests entirely with each User.We do not warrant that our website, its servers, or e-mail sent from us or third party providers are free of viruses or other harmful code. We will not be liable for any damages of any kind arising from the use of our website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. petloversmarket.co.za uses reasonable efforts to ensure the accuracy, correctness and reliability of the content, but we make no representations or warranties as to the content’s accuracy, correctness or reliability. There may be links to other websites from the petloversmarket.co.za website; however, these other websites are not controlled by petloversmarket.co.za and we are not responsible for any content contained on any such website or any loss suffered by You in relation to Your use of such websites. You waive any and all claims against petloversmarket.co.za regarding the inclusion of links to outside websites or Your use of those websites. Additionally, parties other than petloversmarket.co.za may provide services from this website. For example, You may obtain promotional offers through advertisement banners regarding certain products, which could be of interest to You. petloversmarket.co.za does not evaluate or warrant the offerings or services of these parties, and does not assume any responsibility or liability for the actions, product, services, or content of these parties. Users agree that the liability of petloversmarket.co.za, its affiliates, agents, licensors, subcontractors and partners, if any, arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with this website or the information in this website shall not exceed the amount paid to petloversmarket.co.za by same User for use of this website. Because countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages, incidental or otherwise, some or all of the limitations above may not apply to You to the extent they are prohibited or superseded by national provisions. This disclaimer shall remain in effect after these Terms and Conditions of Use have been terminated.If You have any concern or dispute about the service We provide, You agree to first try to resolve the dispute informally by contacting PLM. | |
| 8: | Orders & Payment |
| PLM reserves the right to change its prices and pricing structure at any time and without notice. These prices however will always be displayed and visible before purchase.Despite Our best efforts, a small number of the items in Our catalog may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact You for instructions before delivery or cancel Your order and notify You of such cancellation. We reserve the right to revise Our prices for Products at any time prior to accepting an Order.Due to the popularity of some Products or Services, Our suppliers may not always have products or service ordered by You in stock. We will accept orders for out of stock products or services to ensure that You will be the first to receive the item once it becomes available. If the products and services ordered by You are not available or only a portion is available, We will contact You and You may cancel the order, or re-order the quantity that is available, or place a backorder. Once the products or services become available, it will be delivered to you.When placing an Order through petloversmarket.co.za, You warrant that You are legally capable of entering into binding contracts and agree to all PLM’s terms and conditions. You will make payment immediately online through a third-party payment as designated by PLM to confirm the purchase. You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.All transactions will be processed in South African Rands (ZAR) through a secure, reputable third-party payment provider that is PCI DSS Level 1 Compliant. We accept VISA and MasterCard credit card payments via this payment provider and You grant us the right to provide information to the payment processing third parties for purposes of facilitating the completion of Your Order.No deliveries shall be made by Us to You until We have received payment in full in respect of the Goods ordered by You, and We shall have the right to suspend deliveries if any amount due by You to Us is unpaid.We will not be responsible for any errors or misunderstandings that occur during the placing of an Order, or for the failure by You to provide Us with correct and accurate information when placing an Order or as set out on any quote, Order Confirmation and/or Delivery Note. You confirm that the information given by You when placing an Order is accurate and complete. You further agree to update such information, failing which We will not be liable for any inaccuracies or lack of completeness of such information, or any consequential failure to deliver the Goods properly.The transaction will be completed when you have received the Products that You have paid for.We aim to make delivery within 7 business days, though this may increase should there be delays due to third-parties such as Our suppliers. If the latter is the case We will contact You and You may cancel the order or choose to wait.PLM shall be entitled to recover from You any extra costs, including Delivery costs, incurred by PLM due, directly or indirectly, to the actions of You including instances where You alter the Order, including where PLM delivers the Goods in accordance with the Order, and You alter the Order upon or after Delivery; or You refuse to accept Delivery notwithstanding that the Goods meet the specifications set out in the Order; or You fail or delay to give full particulars needed by PLM; or You otherwise delay the Order process.We reserve the right to cancel an order at any time. For more information regarding shipping please visit our Shipping and Payment Policy. | |
| 9: | Warranties & Indemnification |
| Goods may be guaranteed under the manufacturer’s product specific warranties only, and all other guarantees and warranties including common law guarantees and warranties in relation to goods are hereby specifically excluded by Us. All guarantees are immediately null and void should any Goods be tampered with or should the “seals” on the Goods be broken by anyone other than Us, or should the Goods be applied outside the manufacturer’s specifications. To be valid, guarantee claims must be supported by the original tax invoice and the Goods must be in their original packaging and must be accompanied by all accessories and manuals which must be intact. All items must be returned in “as new” condition. No warranties whether express or implied shall apply, other than those provided in these Terms and Conditions of Use. We specifically disclaim the implied warranty of merchantability and fitness for a particular purpose. No representation or warranty, including but not limited to statements of capacity, suitability for use or performance made by Our employees shall be considered to be a warranty by Us. Any such statements made shall not give rise to any liability or whatsoever nature on Our part, Our employees, subcontractors or subsidiaries.You agree to indemnify and hold petloversmarket.co.za, its employees, agents, subsidiaries, affiliates, contributors or other partners harmless from and against any and all claims, damages, obligations, demands, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from Your use of this Website or from users violation of these Terms and Conditions of use or any third party’s rights including but not limited to copyright, property, and privacy rights whether You are a registered user or not. This extends to any Goods and Products purchased through PLM.This indemnification and hold harmless obligation will survive these Terms and Conditions of Use and Your use of PLM’s website. | |
| 10: | Refund |
| If, for any reason, You are not completely satisfied with a purchase You are always welcome to return or exchange the Products purchased at petloversmarket.co.za. Please review Our Return and Refund Policy to understand the necessary conditions and how to go about it. | |
| 11: | Termination |
| A Member may terminate his or her registration at any time. This is done by contacting us via the email address used during registration. No fees or monies paid by the member will be refunded. Once the account has been terminated, all superfluous personal information on the individual will be removed, though PLM will retain the minimum information required for financial, tax and audit records. Termination of members account will be effective within 7 days upon receipt by us of Your email requesting termination. petloversmarket.co.za reserves the right to suspend or terminate a Member, at any time without prior notice, in the event of a violation of terms and conditions of this or other agreements governing the usage of this website. In addition, PLM reserves the right to de-activate Members and refuse providing further service to the Member and any other user PLM believes acts on behalf of the Member, should PLM deem the intentions of the member do not match what PLM can provide. | |
| 12: | Force majeure |
| If either party is unable to perform any obligation under this Agreement because of a matter beyond that party’s reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes (whether or not involving that party’s employees), or acts of local or central Government or other competent authorities or events beyond the reasonable control of that party’s suppliers, the party will have no liability to the other for that failure to perform. | |
| 13: | Links to 3rd party sites |
| petloversmarket.co.za contains links to other websites operated by parties other than petloversmarket.co.za. Since these websites are beyond the control of petloversmarket.co.za, You agree not to hold petloversmarket.co.za responsible for the content, advertising, products, availability, or other materials contained on these 3rd party sites. Our links do not imply any endorsement of the material on such Websites or any association with their operators. Under no circumstances shall petloversmarket.co.za be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods, or services available on such external site. The inclusion of advertisements and hyperlinks, or reference to any product, service or process does not constitute recommendation, sponsorship or endorsement by petloversmarket.co.za unless so stated. Any concerns regarding any external link should be directed to its respective site administrator or webmaster. petloversmarket.co.za is not responsible for the accuracy, legality, decency or copyright compliance of material contained in any such sites. | |
| 14: | Modifications to agreement |
| petloversmarket.co.za reserves the right to modify or change these terms and conditions of use, effective immediately, and may do so with or without notice. Users of this website agree to periodically review these terms and conditions of use and to be aware of any such changes. If any such changes are deemed unacceptable to a member, the member may terminate his or her account as provided in the section 11. Termination above. Any use of this website (other than to terminate membership account) shall be deemed to constitute complete acceptance without reservations by the member of, but not limited to, any changes, modifications, additions or alterations. |