THE BOB MARTIN SOUTHERN AFRICA TERMS AND CONDITIONS OF USE
These Terms and Conditions of Use (“Terms of Use”) govern the use of the digital user interface (including inter alia, the Web Application, Hybrid Applications, Website, email and/or all digital means of communication and interaction) (collectively “the Site”) and services (the “Services”) of Martin and Martin (Pty) Limited T/A BOB MARTIN SA, a private company duly incorporated in accordance with the Company laws of the Republic of South Africa under registration number 1978/001889/07 with its postal address at PO Box 6914, Greenstone, 1616 (together with its affiliates, the “Company”), in addition to any supplementary terms applicable to any particular feature, content and functionality of the Site and Services, which supplementary terms shall be incorporated into the Terms of Use as if specifically recorded.
The Company reserves the right, in its sole discretion, to change, supplement, vary, modify, add or delete portions of these Terms of Use at any time, by posting a revised version of these Terms of Use, if any, on the Site. For clarity, these Terms of Use apply to any person who may access, refer to or use any part of the Site and/or Services (“the user”, “you” or “your”).
The Company will notify you of any material changes by way of email, which will contain a link to the updated Terms of Use or with a prominent notice on the Site. Access to, or your continued use of the Site and/or Services, shall constitute your acceptance of the revised Terms of Use. Should you disagree with the revised Terms of Use, you may discontinue using the Site and/or Services.
These Terms of Use will also apply to any future services and interaction channels (if any) that may be made available by the Company, unless stated otherwise.
It is important that you read and understand the Terms of Use under which you will visit and use this Site, prior to using the Services offered by the Company. By using the Site or Services in any manner (including but not limited to, accessing the Site, registration for the Services and the like), you agree that you have read these Terms of Use, you accept that these Terms of Use as well as the Company’s Privacy Policy, are binding on you, and that you agree to abide by these Terms of Use. Should you not agree with these Terms of Use, you may not make use of the Site and/or Services.
ACCEPTANCE OF TERMS OF USE
The Services are offered subject to your acceptance, without alteration, of all the Terms of Use stipulated herein, which Terms of Use include the Company’s Privacy Policy (which Privacy Policy is available on the website), as well as all other operating rules, procedures, policies and the like that may be published by the Company on the Site from time to time, all of which are incorporated herein, as if specifically recorded. Moreover, certain Services offered through the Site, may be subject to further terms and conditions promulgated by the Company, the use of which shall be contingent upon compliance with said further terms and conditions.
By acceptance of these Terms of Use, you represent and warrant that you have the required legal and contractual capacity to enter into and be bound by a duly executed contract. More specifically, you, in the event that you are an individual, must be at least 18 (eighteen) years old, to make use of the Site and/or the Services. In addition, you warrant that all registration information provided by you is true and correct. The Company reserves its right to reject any application for registration and/or an account, at its sole discretion, and to change its requirements for the same at any time.
NOTICE
These Terms of Use apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (“the CPA”).
These Terms of Use contain certain provisions (appearing in similar style to this clause) which:
may limit the risk or liability of the Company or a third party; and/or
may create risk or liability for you; and/or
may compel you to indemnify the Company or a third party; and/or
serves as an acknowledgement, by you, of a fact.
Your attention is drawn to these provisions because they are important and should be carefully considered.
If there is any provision in these Terms of Use that you do not understand, it is your responsibility to ask the Company to explain such provision to you before you accept these Terms of Use and/or continue using the Site and Services.
No provision contained in these Terms of Use and/or the Site, is intended or to be construed as unlawfully restricting, limiting or avoiding any right or obligation, as the case may be, afforded to either you or the Company in terms of the CPA.
USE OF THE SITE
You may access the Site, however in order to make use of the Services and access your account, you will be required to register on the Site, which will require you to provide certain specific personal information (including but not limited to, a unique username and password, your name and surname, electronic mail (“email”) address, payment details and card information where required) and complete the necessary fields therein. The information required to be submitted by you must be accurate, up to date and complete. Failure to adhere to the aforementioned shall be deemed a material breach of these Terms of Use, which may result in your application, alternatively, your account, being rejected/terminated.
You will be required to use your unique username and password to access the Site, and to order any products or services offered by the Company.
You shall remain responsible for any and all activity on your account, as well as ensuring that your personal information is protected at all times. Should you become aware of any breach of your account, you shall be required to immediately notify the Company of said unauthorised activity for investigation.
You are not allowed to share your account details with any other person. The Services are for your personal use, and shall not be utilised for any commercial purposes or the benefit of your clients, affiliates or the like.
It shall remain your responsibility to ensure that your devices are compatible with and support the use of the Site. You shall ensure that you maintain your device/s, are updated and/or in a condition for them to support the use of the Site.
You will use the Services and treat the intellectual property of the Company in the utmost good faith, and only for the purpose for which it is intended. Any misuse, violation or breach of these Terms of Use, as well as any directive from the relevant authorities (if applicable) may result in the Company terminating your use of the Services and/or Site, in which case the Company shall be entitled to block your access to the Services and/or Site on such terms and conditions as the Company may deem fit, in order to give effect to the termination of your account.
You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms of Use.
You may not use the Site in any manner whatsoever, to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
You may not in any manner whatsoever, display, publish, copy, print, post or otherwise use the Site and/or the information contained therein without the express prior written consent of the Company.
REGISTRATION OF YOUR ACCOUNT
Registration is open to all legal persons, both natural and juristic, foreign and international. Registration may however be denied and/or rejected on the grounds of an applicant failing to provide the required personal or company identification documentation (as required in terms of the Financial Intelligence Act, 38 of 2001, “FICA”), or in the event that an applicant is identified as a ‘politically exposed individual’.
By applying for registration of an account, you declare that the origin of your/your company’s funds are legal in nature, are good, clean and that should the Reserve Bank of South Africa, the FSCA and/or any law enforcement agency within the applicable jurisdiction require, you consent to providing the Company with the necessary proof evidencing the origin of your funds.
ONLINE ORDERS AND AVAILABILITY OF STOCK
Once you have successfully registered your account, you will be able to place orders on the Site in respect of the range of products and services offered by the Company, which order the Company may accept or reject. The acceptance or rejection of the order by the Company shall depend on, inter alia, the availability of products and/or services, the accuracy of the information relating to the products and/or services (including but not limited to, the price) and receipt of payment or payment authorisation by the Company for the products and/or services so ordered.
In the case of any products or services administered by a third party (which products or services, if any, will be clearly identified in this respect), the Company confirms that it relies solely on the information supplied by the relevant third party and the Company accordingly bears no liability for any inaccuracies in the information supplied to it.Consequently, should you order any products or services and a dispute in terms thereof arise, such dispute should be resolved between you and the relevant third party, your respective rights and obligations being as set out in these Terms of Use.
NOTE: The prices shown in respect of all products and services offered on the Site, are quoted in South African Rands, and are binding only within the borders of the Republic of South Africa. All prices are exclusive of delivery charges (if applicable). The total amount payable for you for any order/s placed through the Site, shall be the price of the product/s and/or service/s, plus the delivery charge (if any).While the Company reserves its rights to change the prices at any time, such changes (if applicable) shall not affect any orders for which the Company has sent an order confirmation.
Whilst the Company cannot always guarantee availability of all products and/or services offered on the Site, you acknowledge that stock of all products and/or services on offer is limited and that pricing may change at any time without notice to you. The Company will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Site. In the event that stock is no longer available after you have placed an order, the Company will notify you and you will be entitled to a refund of any amount already paid by you for such products and/or services in accordance with the Returns & Refund Policy.
Prior to delivery or your collection of the products and/or services, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the products and/or services, you may return/cancel the products and/or services only in accordance with the Returns & Refund Policy.
Placing Goods in a basket or shopping cart without completing the purchase cycle does not constitute an order for such products and/or services, and as such, products and/or services may be removed from the shopping cart if stock is no longer available or the price thereof changes, without notice to you. You acknowledge and hold the Company harmless against any and all claims of whatsoever nature in the event that such products and/or services are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
Certain products and/or services may not be purchased for re-sale. Should the Company suspect that any such products and/or services are being purchased for re-sale by you, the Company shall be entitled to cancel your order immediately on notice to you.
For your convenience, the Company also offers subscriptions (repeat orders) so that you don’t have to go through the same check out process over and over again. The process to follow, should you wish to set up a subscription with the Company, is extremely easy and operates as follows:
Whilst going through the checkout process, you need to simply build a basket of products and/or services that you want to recur. On confirming your basket, select the “Deliver every month” button to repeat the basket.
Should your needs change for whatsoever reason, you will be able to add or remove products and/or services if you wish. You will further be able to select how often you want your order to be repeated, while we take care of the rest.
In the event that you wish to change your subscription order, by adding and/or removing certain products and/or services, you will need to go to the “Subscriptions” tab under “My Accounts” and edit your subscription order to either add or remove any products and/or services for all future orders.
The Company will send you a confirmation e-mail to advise you of the subscription order made by you, the frequency selected by you, and will ensure that you receive a reminder e-mail each and every month prior to payment being due in terms of such subscription.
All subsequent orders will be repeated on the frequency selected by you. For example, if you selected your first order to be delivered on a Monday, and chose for the order to be repeated every 3 (three) weeks, then and in such event, your subscription order will be delivered every 3 (three) weeks on Monday, save and unless such delivery day falls on a public holiday, which in such event, your delivery will be made on the first business day immediately preceding the scheduled delivery date.
Should you not require a specific delivery, and subsequently wish to skip any specific subscription order, you may edit you subscription order as outlined in clause 6.8.3 above and choose to skip your next delivery (subject to compliance with the Company’s cancelation policy below).
Your subscription order may be cancelled at any time, however the date of cancellation for any repeated orders, must occur at least 7 (seven) days before your next scheduled delivery. To cancel a subscription, simply go to the “Cancel” icon “Subscriptions” tab and click on the icon to confirm.
Payment for all subscription orders shall be due by you 2 (two) days before your selected delivery date.
The Company’s standard delivery charges shall apply to all subscription orders. For clarity, any orders of R450.00 and above, qualify for FREE delivery. All orders of less than R450.00, will be subject to a delivery fee of R75.00 per order.
PAYMENT
The Company is committed to providing secure online payment facilities to protect you. Accordingly, all transactions are encrypted using applicable encryption technology.
Payment in respect of any products and/or services ordered by you, may be made by means of any of the following accepted methods (should they be available at the time of payment and/or your authority to utilise such a method):
debit/credit card (Mastercard and/or VISA);
Instant EFT;
PayFast;
Mobicred; and/or
Zapper
In the event that payment is made by way of debit/credit card, the Company may require additional information in order to authorise and/or verify the validity of your payment. In such event, the Company shall be entitled to withhold and/or delay delivery of the products and/or services until such time as the additional information is received and authorised the Company for the purchase amount. Should the Company not receive authorisation as aforesaid, your order for the products and/or services shall be cancelled forthwith. You warrant that you are fully authorised to use the debit/credit card supplied for purposes of paying for the products and/or services ordered by you. You also warrant that your debit/credit card has the necessary available funds to cover all the costs incurred as a result of the Services used on the Site.
The Company will not accept and/or process your order if payment has not been received by the Company.
The Company will send your order confirmation and invoice by way of email communication once payment has been confirmed/received by the Company.
Upon selecting your preferred method of payment, you will be directed to a link for a secure site for payment of the applicable purchase price for the products and/or or services ordered by you.
DELIVERY OF PRODUCTS AND/OR SERVICES
Any and all products and/or services ordered by you shall be delivered by way courier. The courier company utilised by the Company for delivery of any and all products and/or services to you, shall be ParcelNinja.
The delivery charges payable to the Company are subject to change at any time, without prior notice to you. In this regard, the Company confirms that the applicable delivery charges (if any) will appear in your shopping cart when completing your check out.
Where the Company accepts your order, the Company will deliver the Goods to you as soon as reasonably possible, but within a period not exceeding 3 (three) working days of receipt of your payment (“Delivery Period”). The Company will notify you if it is unable to deliver the products and/or or services during the Delivery Period. In such event, and save as provided for herein, you may, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the products and/or services. If you elect to cancel your order, the Company will reimburse you for the purchase price paid by you in accordance with its Returns & Refund Policy.
The Company’s obligation to deliver a product and/or service to you is fulfilled when the product and/or service is delivered to the physical address nominated by you for delivery of the order. The Company is not responsible for any loss or unauthorised use of a product and/or service after the product and/or service has been delivered to the physical address nominated by you.
REFUNDS & RETURNS
Refunds, returns and/or replacements, are subject to the terms and conditions as contained in our Returns & Refund Policy available on the Site, the provisions of which are incorporated by reference. Should you require more information in this regard, please contact the Company at (011) 568 8355, or complete the online contact form for more details.
THIRD PARTY SITES
The Company may provide hyperlinks to certain third party websites, applications or resources (including images, pictures, text, graphics, designs, audio, sound, software) for your convenience only. When you access such third party sites, you do so solely at your own risk. The inclusion of such hyperlinks and/or advertisements of any third party on the Site, does not constitute an endorsement by the Company of such third party sites, their products, advice, business and security practices or any association with its operators.
Third party sites are not under the control of the Company, and you acknowledge that the Company is not responsible or liable for the content, functions, accuracy, legality appropriateness or any other aspect whatsoever of such sites.
You are responsible for complying with the terms and conditions applicable to such third party sites (if any).
It is expressly prohibited for any person, business, entity, or website to frame any page on the Site, including the home page, in any way whatsoever, without the express prior written consent of the Company.
SOCIAL MEDIA
The Company may integrate various social media sites or applications (including without limitation, Facebook, Twitter, LinkedIn and Instagram) to allow you to create an account, log in and/or share information through the various sites or applications. Should you elect to use our Services in this regard, then the rules applicable to such social media websites or applications will also apply, and you agree to such integration.
The Company encourages your participation on our pages, but asks that you respect the Company, as well as other users on our pages. We confirm that the Company will delete content and comments, without notice, if they:
Are considered to be any form of cyber bullying;
Include material that is unlawful, libellous, fraudulent, defamatory, obscene, threatening, harassing, insulting, are spam or deemed confidential;
Attempt to hijack this Site by importing personal conflicts, agendas or grudges; or
Are considered to be a form of trolling.
INTELLECTUAL PROPERTY
You acknowledge and agree that the Company retains all right, title and interest in, and to, any copyright and other intellectual property rights in respect of all content published or made available on the Site, including, but not limited to, any copyright, trade mark, images, design, logo, process, product, service, business practice, text or methodology, which forms part of, or is displayed or used in connection with the Services including, but not limited to, graphics, designs, text, icons, audio clips, downloads, data compilations, software and hardware, and page headers, is proprietary to the Company and/or the respective third party owners, and will remain the Company or the third party owners’ property at all times.
You are granted a non-exclusive, non-transferrable, revocable license to:
Access and use the Site strictly in accordance with these Terms of Use;
To use the Site solely for personal, non-commercial purposes;
To download or print out information from the Site for personal, non-commercial purposes, provided that all copyright and other intellectual property notices therein are unchanged.
You acknowledge and agree that you will not acquire any rights of whatsoever nature in respect of the intellectual property by using the Services and/or the Site.
PROTECTION OF PERSONAL INFORMATION
The Company undertakes not to sell, distribute, exchange or transfer any of your personal information to or with any third party for any purpose other than those disclosed and outlined in the Company’s Privacy Policy, which Privacy Policy, for the avoidance of doubt, is to be incorporated in these Terms of Use by reference.
In this regard, you specifically agree and consent that the Company may process or use such information as may be necessary (including but not limited to, personal information and/or special personal information, as defined in the Protection of Personal Information Act, 4 of 2013 and any further information related to or potentially related to your account with the Company) and may, where appropriate, make such information available to third parties, including but not limited to its affiliates, advisers, organisations providing products and/or services to the Company, computer system suppliers, as well as to regulatory authorities (including but not limited to the South African Revenue Services) for purposes of said information being verified and/or stored by such third party on behalf of the Company and further as required or appropriate.
You further agree and consent that the Company may transfer to other persons or entities information in its possession that relates to you and that such transfers may be effected internationally and/or locally in South Africa. Accordingly, you agree that your information (which could include special personal information) may be transferred to a country or entity in which there are limited or non-existent laws protecting data or personal information.
Should you provide information in relation to your spouse and/or your child/ren in your capacity as the legal guardian of that child/ren, you warrant that such information is provided with the permission of your spouse and/or that any information provided by you in relation to your child/ren is provided in your capacity as the legal guardian of that child/ren.
As the Company endeavours to ensure that your information which it holds is accurate, complete and up to date, you acknowledge that you are responsible for updating and/or correcting your personal information.
The Company will take appropriate, reasonable technical and organisational measures to protect the integrity and security of your personal information. This includes taking reasonable steps to protect your personal Information under its control from misuse, loss, interference, unauthorised access, modification or unauthorised disclosure.
The Company and/or a third party, may retain and/or archive/store your personal information for no longer than is necessary to achieve the purpose for which it was collected. Where the Company no longer requires your personal information (including but not limited to, the termination of your account, statutory requirements or by operation of law), it will, as soon as practicable, destroy or de-identify the information.
DISCLAIMER AND LIMITATION OF LIABILITY
Subject to the applicable laws, and any statutory liability the Company may have which cannot be disclaimed or altered by agreement, neither the Company, nor any of its affiliates, employees, officers or agents will be responsible or liable for any reason in respect of any damage or loss of whatsoever nature arising from your use of the Site, Services or the like, your use of or reliance on any information contained on the Site, or any information provided on or by way of the Site.
This includes, without limitation, any direct, indirect, special, incidental, consequential or punitive damages, whether arising out of contract, statute, delict or otherwise. You acknowledge and understand that use of the Site is entirely at your own risk.
The Company gives no undertaking or guarantee of any kind concerning the content or quality of its Services, and the Company’s Services are not to be considered as advice of any kind (more specifically, not as financial or investment advice).
The Company does not give any warranty, express or implied, or make any representations that its Services will operate free from error, defect or without disruption, or that the content as contained on the Site is accurate, complete, up to date or fit for a particular purpose.
The Company does not give any undertaking or warranty, whether express or implied, regarding the products, services, information or profiles listed on the Site; the accessibility or operation of the Site; and/or any listing, download, photograph, video or any other application, being free of any virus or other harmful mechanism.
The Company will not be liable to you for any loss or damage caused by your use of the Company’s Site and/or Services, or your liability to any third parties arising from your use of the above.
Without detracting from the generality of the limitation of liability as stated above, you expressly acknowledge and agree that the Company will not be liable for:
Any interruption, malfunction or failure of or by the Company’s technical systems regarding the Site and/or Services (including delivery of products and/or services ordered by you) for any reason beyond our reasonable control, including (but not limited to) war, fire, explosion, acts or omissions of persons for which the Company is not responsible, government action, pandemic, industrial action or dispute, acts of competent authorities (including telecommunications and internet service providers) or force majeure events (acts of nature);
Any damage to your electronic device/s (including hardware and software) as a result of your use of the Site; or
Any loss of information or unauthorised use of data caused by your use of systems and/or encryption standards that are below generally accepted levels.
INDEMNITY
You hereby indemnify, defend and hold harmless the Company (including its stakeholders, directors, employees, in whose favour this constitutes a stipulatio alteri, capable of acceptance in writing at any time), its affiliates, suppliers and related partners from any third party claims, as well as any actions, suits, proceedings, penalties, fines, costs, disbursements, damages (including without limitation, any direct, indirect, special, incidental, consequential or punitive damages, whether arising out of contract, stature, delict or otherwise) and liabilities, including reasonable attorneys’ fees, whether directly or indirectly arising out of, or in connection with, resulting from, breach of these Terms of Use or contradiction with the applicable laws, or any other action or omission of any nature.
DISPUTES AND ARBITRATION
In the event of a dispute arising between you and the Company (“the Parties”, or “Party” as the context may indicate) out of or in connection with these Terms of Use or the subject matter hereof, a Party may give the other Party written notice of the dispute, setting out the nature and full particulars of the dispute and requiring its resolution under this clause 16 (“Dispute Notice”).
On service of the Dispute Notice representatives of the Parties shall meet at least once and attempt in good faith to resolve the Dispute.
If the representatives are for any reason unable to resolve the dispute within ten (10) days of service of the Dispute Notice, the Dispute shall be referred to Arbitration.
Subject to the provisions of this clause 16, all disputes arising out of or in connection with these Terms of Use shall be finally settled under the expedited Rules of the Arbitration Foundation of Southern Africa (“AFSA”) by one or more arbitrators appointed in accordance with the said Rules.
The seat or legal place of arbitration shall be Sandton, South Africa.
The language to be used in the arbitral proceedings shall be English.
The governing law of these Terms of Use and the arbitration shall be the Laws of South Africa.
Nothing contained in this clause 16 shall prohibit a Party from approaching any court of competent jurisdiction for urgent interim relief pending determination of the dispute by arbitration.
The provisions of this clause are severable from the rest of these Terms of Use and shall remain in effect despite the termination or invalidity for any reason of these Terms of Use.
LEGAL DISCLOSURE
Website owner: Martin and Martin (Pty) Limited T/A BOB MARTIN SA.
Legal Status: Private Company.
Key Individuals: Clifford Sampson and Brendan Hayes
Description of main scope of business of the Company: Pet food, supplies and healthcare related products and services
These Terms of Use constitute the whole of the agreement between the Parties relating to the subject matter of these Terms of Use and, save to the extent otherwise provided herein, no undertaking, representation, term and/or condition relating to the subject matter of these Terms of Use not incorporated herein, shall be binding on the Parties.
These Terms of Use supersede and replace any and all agreements between the Parties (and other persons, as may be applicable) and undertakings given to or on behalf of the Parties (and other persons, as may be applicable) in relation to the subject matter hereof.
Relaxation
No latitude, extension of time or other indulgence which may be given or allowed by any Party to the other in respect of the performance of any obligation hereunder, and no delay or forbearance in the enforcement of any right of any Party arising from these Terms of Use shall in any circumstance whatsoever, be construed to be an implied consent or election by that Party or operate as a waiver or a novation of or otherwise affect any of its rights in terms of or arising from these Terms of Use or estop or preclude it from enforcing at any time and without notice, strict and punctual compliance with each and every provision or term hereof. Failure or delay on the part of any Party in exercising any right, power or privilege under these Terms of Use will not constitute or be deemed to be a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
Severability
All provisions and the various clauses of these Terms of Use are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision or clause of these Terms of Use which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason whatsoever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions and clauses of these Terms of Use shall remain of full force and effect.
Continuing Effectiveness of Certain Provisions
The expiration or termination of these Terms of Use shall not affect such provisions of these Terms of Use as expressly provided for that they will operate after any such cancellation or termination, or which of necessity must continue to have effect after such cancellation or termination, notwithstanding that the clauses themselves do not expressly provide for this.
Cession and Assignment
You will not be entitled to cede your rights and/or delegate your obligations in terms of these Terms of Use without the express prior written consent of the Company.
Applicable Law
These Terms of Use will be governed, interpreted and implemented in accordance with the Laws of South Africa.
Good Faith
The Parties shall at all times act in good faith towards each other and shall not bring the other Party into disrepute.
Confidentiality
Neither Party shall disclose any confidential information to any third party without the prior written approval of the other Party, unless required to do so by law.
Suspension of the Site
The Company may temporarily suspend the Site for any reason, including but not limited to, repairs or upgrades to the Site or other systems. The Company will take reasonable efforts to notify you of such suspensions in advance if possible.
Relationship between the Parties
The Parties agree that neither Party shall be a partner, agent, employee or the like of the other Party and neither Party will have any right, power, or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other Party.
