Legal



PETMATE TERMS AND CONDITIONS

 

  1. Introduction

    1. This Website Terms and Conditions derives legal force and effect from section 11 of the Electronic Communications and Transactions Act, 25 of 2002.
    2. This Agreement serves to comply with legislation that affords visitors to and users of the PetMate Website rights and to inform them of their obligations when visiting or using the PetMate Website. 
    3. If a visitor to or user of the PetMate Website does not agree with these Website Terms and Conditions of Use, they should leave the PetMate Website. Continued use constitutes agreement.
  2. Interpretation

    1. The headings to the clauses of this Website Terms and Conditions are for reference purposes only.
    2. Unless the context requires otherwise, the words and expressions will be interpreted as set out below and related expressions will be interpreted with corresponding meanings:
      1. “AFSA” means the Arbitration Foundation of Southern Africa;
      2. “Acceptance Date” means the date on which You visit and / or use the PetMate Website and / or any other PetMate website that links to this PetMate Website and agree to these Terms and Conditions of Use by browsing;
      3.  “CPA” means the Consumer Protection Act, 68 of 2008; 
      4. “Do Not Contact” or “DNC Registry” means the Registry contemplated in section 11 of CPA and section 4 of the CPA Regulations, Vol. 550 No 34180;
      5. “Domain Name” means an identification label that defines administrative autonomy, authority or control on the Internet and includes host names that identify internet protocol resources such as websites and WAP sites;
      6. “ECT” means the Electronic Communications and Transactions Act 25, of 2002;
      7. “ECT Required Information” means the information required to be made available in terms of section 43 of ECT;
      8. “Electronic Transaction” means business, of either a commercial or non-commercial nature, and includes the provision of information, specifically, the Information made available on the PetMate Website;
      9. “Goods” means the things defined in CPA and includes information written or encoded on any medium, such as a website or WAP site and / or a licence to use such information;
      10. “Information” means facts or details about something or somebody, and includes the facts and details on PetMate and the Legal Notices published on the Website;
      11. “Intellectual Property” means the rights in and to copyright in any work in terms of the Copyright Act, 98 of 1978 and includes without limitation the right to reproduce that work, the rights in respect of a trade mark conferred by the Trade Marks Act, 194 of 1993, the rights in respect of a design conferred by the Design Act 195 of 1993, the rights conferred by the Patents Act, 57 of 1978, including any applications for the any of these and any names, licenses, know-how, trade secrets and data associated with the these and, rights to domain names;
      12. “Legal Notices” means this Website Terms and Conditions together with any other notices published on the PetMate Website from time to time including, but not limited to the PetMate Privacy Notice, Consumer Protection Rights Notice and Email Legal Notice; 
      13. “Parties” means PetMate and the visitor or user (or “You”) and “Party” means either one of these as the context requires;
      14. “RICA” means the Regulation of Interception of Communications and Provision of Communication-related Information Act, 70 of 2002;
      15. “Record” means information required to be retained in compliance with South African law, PetMate or, information that may be required as evidence;
      16. “Services” means the things defined in CPA and includes the provision of, access to, or right of access to information, entertainment or similar intangible things;
      17. "PetMate Business Affiliate” means any natural or juristic person that is connected with PetMate and which includes but is not limited to an association, partnership or other commercial relationship that exists or may exist between PetMate and third parties;
      18. “PetMate Marks” means any trade marks, service marks, logos, domain names or other marks of PetMate, whether registered or not;
      19. “PetMate Service Offering” includes but is not limited to mean streaming Services, Subscription Services and Competitions;
      20. “PetMate Website” means the website owned and operated by PetMate located at  http://www.PetMate.co.za;
      21. “Uncontrollable Event” means fire, flood, earthquake, acts of nature or of God, riots, civil disorder, rebellions or revolutions in any country or any other cause beyond the control of PetMate including the disruption, suspension or termination of Services provided by a third party to PetMate that may result in the PetMate Website not being available;
      22.  “WAP Site” means a collection of web pages containing information, images, videos other digital assets accessed through a web browser using the Wireless Application Protocol as an open international standard to provide WAP browser or WAP Site functionality for small mobile devices through software applications;
      23. “Website” means a collection of web pages containing information, images, videos other digital assets accessed through a web browser and displayed on a monitor or mobile device hosted on a web server and accessible via the Internet and will, in these Terms and Conditions, include WAP Sites; 
      24. “Web Browser” means a software application used to retrieve, present and traverse information resources on the  World Wide Web;
      25. “Writing” means a written document that excludes, either wholly or partly, any part of a data message as defined in ECT; and
      26. “Signed” means a signature executed by hand with a pen and without any electronic process or intervention.
    3. Any reference in this PetMate Terms and Conditions to:
      1. A “clause” will, subject to any contradiction, be interpreted to mean a clause in this PetMate Terms and Conditions;
      2. A “law” will be interpreted to include the common law, statute law, the 1996 Constitution of South Africa, decrees, judgements, treaties, regulations, directives, by-laws, orders or any other legislative measure; and 
      3. A “person” will be interpreted to include a natural or juristic person.
    4. Unless inconsistent with the context, an expression which denotes:
      1. Any one gender includes the other genders; and
      2. The singular includes the plural and vice versa.
    5. Any reference to an enactment in this PetMate Website is to that enactment as at the Acceptance Date and as amended or re-enacted from time to time.
    6. The rule of construction that, in the event of ambiguity, the PetMate Terms and Conditions shall be interpreted against the Party responsible for the drafting or preparation of the PetMate Terms and Conditions, shall not apply.
  3. Commencement, Availability and Termination

    1. The visitor or user of the PetMate Website must be at least 18 years of age to use the Service/s, or, if you are not at least 18, you may use the Service/s only with the permission of your parent or guardian.
    2. These Terms and Conditions will commence on the Acceptance Date and continue indefinitely until amended or terminated by PetMate. 
    3. PetMate reserves the right to amend these Terms and Conditions as and when necessary and entirely at PetMate’s discretion. It is your responsibility to check the PetMate Website periodically for changes. Your continued use of or access to the Just local Website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
    4. PetMate reserves the right to change or to discontinue any aspect or feature of this PetMate Website at any time including, but not limited to content, availability and access requirements.
    5. PetMate will take all reasonable steps to ensure that the visitor or user can get access to all archived versions of these Terms and Conditions.
  4. Intellectual Property 

    1. The PetMate Website comprises Intellectual Property including, Domain Name, copyright, trade mark, design and patent, protected under South African law and international treaties. Unless otherwise indicated PetMate reserves all rights in and to the Intellectual Property owned by or licensed to PetMate.
    2. You may make a temporary copy of part or all of the Website on Your computer or mobile device for the purpose of viewing it. You may print limited hard copy versions for personal use provided that any copyright, trade mark or other intellectual property notices are not removed and the material is appropriately attributed to PetMate. Subject to the limited license granted to the visitor or user by PetMate, You may not in any form or by any means, without the prior written consent of PetMate:
      1. Commercially exploit reproduce, distribute, display, transmit, publish or broadcast any PetMate Website content;
      2. Claim ownership of all or any part of the PetMate Website content;
      3. Modify or repost the PetMate Website content; 
      4. Create a link to the PetMate Website from another website; or
      5. Copy, incorporate, store, frame or embed all or any part of the PetMate Website content on another Website or retrieval system.
    3. PetMate Marks referenced on the PetMate Website are the registered or unregistered Intellectual Property of PetMate. Any unauthorised use of these assets is strictly forbidden.
    4. Third party Intellectual Property assets, including but not limited to patents, names, goods and services referenced on the PetMate Website are the Intellectual Property of the respective third parties. Any unauthorised use of these assets is strictly forbidden.
  5. Registration

    1. In order to access the Service/s You will be required to register.
    2. When you register for the Service/s you will be requested to choose a username and password.
    3. You are responsible for keeping your username and password confidential and You must take the necessary precautions to prevent them from being disclosed to anyone else.
    4. If You have any reason to believe that the confidentiality of your username or password has been compromised, You must immediately inform us at  petmate@smartcalltech.co.za.
    5. If we have any reason to believe that the confidentiality of your username or password has been compromised, we may restrict your access to the Service/s until You have changed the username or password.
  6. Broadband Requirements

    1. The Service/s is provided to You via a mobile or fixed broadband internet connection. PetMate will not be held liable if the Service/s is suspended, interrupted or not available to You due to broadband internet connection interruptions, slow connections or congestion.
    2. You will be responsible for any charges, costs and/or fees levied by your mobile network operator and/or internet service provider in relation to the provision of the broadband internet connection necessary to access the Service/s.
    3. You are alerted to the fact that the Service/s can be extremely data intensive and the charges for such data arising from the use of the Service/s can be substantial. It is your responsibility to check the data tariff applicable to You and make sure that You are familiar with the charges, costs and/or fees levied by your mobile network operator and/or internet service provider for such data.
  7. Information and Record Retention

    1. PetMate is committed to complying with legal, business and evidential requirements for information and record retention.
    2. PetMate will use reasonable endeavours to ensure the security, including the confidentiality, integrity and availability of any information that the visitor or user provides to PetMate through the “Contact Us” or email functionality associated with this PetMate Website. It is nevertheless the visitors or user’s responsibility to keep records and backups of Your information.
    3. Any personal information You provide will be processed in line with the PetMate Privacy Notice published on the PetMate Website as a Legal Notice.
  8. Acceptable Use of the Website and Email Functionality

    1. The Website includes functionality that enables the visitor or user to contact PetMate by email and for PetMate to respond by email. 
    2. You hereby agree to generally acceptable website and email etiquette. In this regard You will be deemed to have read the PetMate Email Legal Notice and other Legal Notices published on the PetMate Website and incorporated into these Terms and Conditions by reference.
    3. PetMate is committed to complying with legislation and ensuring the availability of its Website and related email functionality to the public at large. The acceptable use provisions of this Agreement seek to support these objectives. As such, the visitor or user agrees not to use the Website and related email functionality in a way that:
      1. Is unlawful, incites criminal acts, is harmful or interferes with the confidentiality, integrity and availability of PetMate’s systems and networks;
      2. Interferes with the use or enjoyment of other persons access to or use of the PetMate Website and related email functionality;
      3. Infringes Intellectual Property rights;
      4. Results in the publication of threatening or offensive material that is disrespectful of the rights of others;
      5. Results in unsolicited communications;
      6. Is a security risk; or 
      7. A violation of privacy.
    4. You remain personally liable for the consequences of any contravention of these provisions and / or failure to comply with law.
    5. Should You become aware of any unacceptable use of the Website or related email functionality, please contact  petmate@smartcalltech.co.za
  9. Monitoring, Interception and Access to Information 

    1. To comply with law and in line with international standards and best practice relating to the use of information technology in its business, PetMate monitors and intercepts live communications such as email and website activity in compliance with RICA.
    2. Subject to the provisions of ECT, South African and international privacy principles, PetMate will where necessary and if required by law, access static information created, received, communicated and stored by PetMate as part of its business.
    3. Subject to the provisions of RICA and ECT, the visitor or user agrees to monitoring, interception and access to information relating to the use of the PetMate Website and related email functionality.
  10. Governing Law

    1. These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.
  11. Communication

    1. You agree that PetMate may from time to time send You communications regarding, but not limited to the PetMate Service Offerings, which include both Goods and Services as defined in CPA.
    2. The visitor or user will always have the choice to:
      1. Inform us in writing that You do not wish to continue receiving communications; or
      2. Block any communications by registering on the DNC Registry as contemplated in CPA. 
  12. Complaints 

    1. YOU AGREE TO SUBMIT ALL COMPLAINTS RELATING TO THIS AGREEMENT TO PETMATE FIRST, IN ORDER TO AFFORD US AN OPPORTUNITY TO RESOLVE THE COMPLAINT BEFORE YOU PROCEED TO ANY RELEVANT AUTHORITY.
    2. In this regard, please direct all complaints to  petmate@smartcalltech.co.za
  13. Alternative Dispute Resolution 

    1. Subject to clause 15 above, and without restriction on any of your rights to approach a competent court or forum of your choice, relating to a dispute arising from these terms and conditions, you agree to confidential arbitration prior to proceeding to court or other forum.
    2. The visitor or user agrees that any dispute arising from or in connection with these terms and conditions shall be finally resolved in accordance with the rules of the AFSA by an arbitrator or arbitrators appointed by the foundation and that such proceedings shall be held in Johannesburg in English.
    3. The visitor or user expressly acknowledges that the arbitration proceeding agreed to in 16.2 above prevents you from entering into a class action lawsuit against Patemate in relation to any dispute arising from this agreement.
    4. Nothing herein shall preclude either Party from approaching a court of competent jurisdiction for an interdict or for relief on an urgent basis.
  14. Enforceability

    1. These Terms and Conditions constitute the entire agreement between PetMate and the visitor or user in regard to the subject matter thereof and no addition to, variation, modification or consensual cancellation of these Terms and Conditions shall be of any force or effect unless recorded in a Written document and Approved by or on behalf of the duly authorised representatives of the Parties.
    2. Any data message as defined in ECT, or a copy, printout or extract of such a message Approved by an authorised PetMate officer will be absolute proof of the contents of the copy, printout or extract of such a message.
    3. No failure or delay on the part of any Party in exercising any right in terms of these Terms and Conditions shall operate as a waiver nor, shall any single or partial exercise of any right prevent any other or further exercise thereof, or the exercise of any other right.
    4. Should any clause or term of these Terms and Conditions be invalid, unenforceable or illegal, the remaining terms and provisions of the Terms and Conditions shall be deemed to be severable therefrom and shall continue in full force and effect unless such invalidity, unenforceability or illegality goes to the root of these Terms and Conditions.
  15. Limitation of Liability

    1. TO THE FULLEST EXTENT PERMITTED IN LAW, THE VISITOR OR USER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT USE OF THIS WEBSITE IS AT YOUR SOLE DISCRETION AND RISK. PETMATE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES SUFFERED BY YOU, WHETHER ARISING FROM A VISIT TO OR USE OF THE WEBSITE, THESE TERMS AND CONDITIONS OR OTHERWISE.
  16. Links to external Third-Party Websites

    1. PetMate may provide links from the PetMate Website to external third-party websites. Any such link is provided for the visitor or user’s use and convenience and does not constitute an endorsement, recommendation or certification by PetMate of the external link. Likewise, the presence of links should not in any way be construed as a suggestion that the external link has a relationship with PetMate. PetMate is not responsible for the content or practices of any such website accessed from the PetMate Website through these external links.
  17. No Warranty 

    1. THIS WEBSITE HAS NOT BEEN CUSTOMISED FOR ANY SPECIFIC INDUSTRY OR INDIVIDUAL NEED AND IS PROVIDED TO THE PUBLIC AS A WHOLE WITH THE RESULT THAT THE INFORMATION IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF RELIABILITY, FITNESS FOR PURPOSE, TIMELINESS, ACCURACY, COMPLETENESS OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PETMATE WILL ENDEAVOUR TO TAKE ALL REASONABLE CARE TO ENSURE THE ACCURACY OF INFORMATION AND THE AVAILABILITY OF THE WEBSITE, BUT MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES. AS SUCH, THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
  18. Indemnity

    1. TO THE FULLEST EXTENT PERMISSIBLE IN LAW, YOU HEREBY UNCONDITIONALLY AND UNRESERVEDLY INDEMNIFY AND HOLD PETMATE, ITS PUBLIC OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, LICENSORS AND SERVICE PROVIDERS, HARMLESS AGAINST ALL LOSS, DAMAGES, CLAIMS, LIABILITY AND / OR COSTS, OF WHATSOEVER NATURE, HOWSOEVER AND WHENSOEVER ARISING, AS A RESULT OF AND WITHOUT LIMITATION, THE FOLLOWING:
      1. VISITING OR USING THE WEBSITE;
      2. DOWNLOADING DATA, TEXT, IMAGES;
      3. RELIANCE ON THE WEBSITE CONTENT;
      4. LINKS TO OTHER PETMATE OR THIRD-PARTY WEBSITES;
      5. HARDWARE, SOFTWARE, SYSTEM OR NETWORK MALFUNCTION; OR
      6. ANY OTHER CAUSE WHATSOEVER ARISING FROM OR RELATING TO VISITING OR USING THE PETMATE WEBSITE.
  19. Skill, Diligence and Care

    1. PetMate will exercise reasonable skill, diligence and care as may reasonably be expected from a similar website provider.
  20. ECT Required Information

PetMate

Name 

PetMate

Physical address and the address for receipt of legal service of documents

15 Eastwood Road

Dunkeld

2196

Johannesburg

Postal address

PO Box 412041 

Craighall 

2124

Phone numbers

+27 (0)11 507 4779 (switchboard)

+27 (0)11 507 4630 (customer care)

Website address

http://www.petmate.co.za

Email address

petmate@smartcalltech.co.za 

Terms of agreement and URL to access terms

http://www.petmate.co.za/home/legal 

Alternative dispute resolution code subscribed to

http://www.waspa.org.za 

Security procedures and privacy policy

http://www.petmate.co.za/home/legal