This website can be accessed at www.mypetmart.co.za,
related mobi-sites and software applications (the “Website”) and
is owned and operated by My Pet Mart (Proprietary) Limited (“My Pet
Mart”, “we”, “us” and “our”).
These Website Terms and Conditions (“Terms and Conditions”)
govern the ordering, sale and delivery of Goods, and the use of the
These Terms and Conditions are binding and enforceable against
every person that accesses or uses this Website (“you”, “your”
or “user”), including without limitation each user who registers
as contemplated below (“registered user”). By using the
Website, as may be applicable, you acknowledge that you have read and
agree to be bound by these Terms and Conditions.
These Terms and Conditions apply to users who are consumers for
purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
These Terms and Conditions contain provisions that appear in
similar text and style to this clause and which -
may limit the risk or liability of My Pet Mart; and/or
may create risk or liability for the user; and/or
may compel the user to indemnify My Pet Mart; and/or
serves as an acknowledgement, by the user, of a fact.
Your attention is drawn to these Terms and Conditions because they
are important and should be carefully noted.
If there is any provision in these Terms and Conditions that you
do not understand, it is your responsibility to ask My Pet Mart to
explain it to you before you accept the Terms and Conditions or continue
using the Website
Nothing in these Terms and Conditions is intended or must be
understood to unlawfully restrict, limit or avoid any right or
obligation, as the case may be, created for either you or My Pet Mart in
terms of the CPA.
My Pet Mart permits the use of this Website subject to the Terms
and Conditions. By using this Website in any way, you shall be deemed to
have accepted all the Terms and Conditions unconditionally. You must not
use this Website if you do not agree to the Terms and Conditions.
Exchanges and Refunds
Please refer to our Exchanges and Refunds Policy for more
information about returning products (and related refunds, replacements
or repairs). The Exchanges and Refunds Policy is incorporated by
reference (which means that it forms part of these Terms and Conditions).
Conclusion of sales and availability of stock
Registered users may place orders for Goods, which My Pet Mart may
accept or reject. Whether or not My Pet Mart accepts an order depends on
the availability of Goods, correctness of the information relating to the
Goods (including without limitation the price) and receipt of payment or
payment authorisation by My Pet Mart for the Goods.
NOTE: My Pet Mart will indicate the acceptance of your order by
delivering the Goods to you or allowing you to collect them, and only at
that point will an agreement of sale between you and My Pet Mart come
into effect (the “Sale”). This is regardless of any communication from My Pet Mart stating
that your order or payment has been confirmed. My Pet Mart will indicate
the rejection of your order (by My Pet Mart itself) by cancelling it and,
as soon as possible thereafter, refunding you for any amount already
Prior to delivery or your collection of the Goods, 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 Goods, you may
cancel the Sale only in accordance with the Exchanges and Refunds Policy.
Placing Goods in a shopping basket without completing the purchase
cycle does not constitute an order for such Goods, and as such, Goods may
be removed from the shopping basket if stock is no longer available
or the price thereof might change without notice to you. You cannot hold My
Pet Mart liable if such Goods 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.
You acknowledge that stock of all Goods on offer is limited and
that pricing may change at any time without notice to you. In the case of
Goods for sale by My Pet Mart, My Pet Mart 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 Website. However,
we cannot guarantee the availability of stock. When Goods are no longer
available after placing an order, My Pet Mart will notify you and you
will be entitled to a refund of the amount paid by you for such
Our services are offered only within the
borders of the Republic of South Africa and no sale can be concluded for
delivery of goods outside the borders of South Africa.
All sales are concluded on the basis
that the goods will be for personal, non-commercial use. You may not
purchase products for the redistribution or resale or for any other
commercial or business purpose.
Payment and Delivery
We are committed to providing secure online payment facilities.
All transactions are encrypted using appropriate encryption technology.
Please refer to our Payments and Delivery Policy for more
information which forms part of these Terms and Conditions.
We shall take all reasonable efforts to accurately reflect
the description, availability, purchase price and delivery charges of
Goods on the Website. However, should there be any errors of whatsoever
nature on the Website (which are not due to our gross negligence), we
shall not be liable for any loss, claim or expense relating to a
transaction based on any error, save – in the case of any incorrect
purchase price – to the extent of refunding you for any amount
already paid, or otherwise as set out in the Exchanges and Refund
My Pet Mart shall not be bound by any incorrect information
regarding our products displayed on any third party websites.
We respect your privacy and will take reasonable measures to
protect it, as more fully detailed below.
Should you decide to use the Website, we may require you to
provide us with personal information which includes but is not limited to
your name and surname;
your email address;
your physical address;
your mobile number;
your date of birth; and
your pets details
Should your personal information change, please inform us and
provide us with updates to your personal information as soon as
reasonably possible to enable us to update your personal information.
You may choose to provide additional personal information to us,
in which event you agree to provide accurate and current information, and
not to impersonate or misrepresent any person or entity or falsely state
or otherwise misrepresent your affiliation with anyone or anything.
Subject to clause 14.6 below, we will not, without your express
use your personal information for any purpose other than as set
relation to the ordering, sale and delivery of Goods;
you regarding current or new Goods or services or any other goods
offered by us or any of our divisions and/or partners (unless you have
opted out from receiving marketing material from us);
you of new features, special offers and promotional competitions
offered by us or any of our divisions and/or partners (unless you have
opted out from receiving marketing material from us); and
our product selection and your experience on our Website by, for
example, monitoring your browsing habits, or tracking your sales on the
disclose your personal information to any third party other than
as set out below:
employees and/or third party service providers who assist us to
interact with you via our Website, email or any other method, for the
ordering of Goods or when delivering Goods to you, and thus need to
know your personal information in order to assist us to communicate
with you properly and efficiently;
divisions and/or partners (including their employees and/or third party
service providers) in order for them to interact directly with you via
email or any other method for purposes of sending you marketing
material regarding any current or new goods or services, new features,
special offers or promotional items offered by them (unless you have opted
out from receiving marketing material from us);
enforcement, government officials, fraud detection agencies or other
third parties when we believe in good faith that the disclosure of
personal information is necessary to prevent physical harm or financial
loss, to report suspected illegal activity, or to investigate
violations of these Terms and Conditions;
service providers (under contract with us) who help with parts of our
business operations (fraud prevention, marketing, technology services
etc). However, our contracts dictate that these service providers may
only use your information in connection with the services they perform
for us and not for their own benefit;
We are entitled to use or disclose your personal information if
such use or disclosure is required in order to comply with any applicable
law, subpoena, order of court or legal process served on us, or to
protect and defend our rights or property.
We will ensure that all of our employees, third party service
providers, divisions and partners (including their employees and third
party service providers) having access to your personal information are
bound by appropriate and legally binding confidentiality obligations in
relation to your personal information.
We will -
treat your personal information as strictly confidential, save
where we are entitled to share it as set out in this policy;
take appropriate technical and organisational measures to ensure
that your personal information is kept secure and is protected against
unauthorised or unlawful processing, accidental loss, destruction or
damage, alteration, disclosure or access;
provide you with access to your personal information to view
and/or update personal details;
promptly notify you if we become aware of any unauthorised use,
disclosure or processing of your personal information;
provide you with reasonable evidence of our compliance with our
obligations under this policy on reasonable notice and request; and
upon your request, promptly return or destroy any and all of your
personal information in our possession or control, save for that which
we are legally obliged to retain.
We will not retain your personal information longer than the
period for which it was originally needed, unless we are required by law
to do so, or you consent to us retaining such information for a longer
My Pet Mart undertakes never to sell or make your personal
information available to any third party other than as provided for in
this policy, unless we are compelled to do so by law. In particular, in
the event of a fraudulent online payment, My Pet Mart is entitled to
disclose relevant personal information for criminal investigation
purposes or in line with any other legal obligation for disclosure of the
personal information which may be required of it.
Whilst we will do all things reasonably necessary to protect your
rights of privacy, we cannot guarantee or accept any liability whatsoever
for unauthorised or unlawful disclosures of your personal information,
whilst in our possession, made by third parties who are not subject to
our control, unless such disclosure is as a result of our gross
If you disclose your personal information to a third party, such
as an entity which operates a website linked to this Website or anyone
other than My Pet Mart, MY PET MART SHALL NOT BE LIABLE FOR ANY LOSS OR
DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE
OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not
regulate or control how that third party uses your personal information.
This website makes use of “cookies” to automatically collect
information and data through the standard operation of the Internet
servers. “Cookies” are small text files a website can use (and
which we may use) to recognise repeat users, facilitate the user’s
on-going access to and use of a website and allow a website to track
usage behaviour and compile aggregate data that will allow the website
operator to improve the functionality of the website and its content, and
to display more focused advertising to a user by way of third party
tools. The type of information collected by cookies is not used to
personally identify you. If you do not want information collected through
allows you to deny or accept the cookie feature. Please note that cookies
may be necessary to provide you with certain features available on our
Website, and thus if you disable the cookies on your browser you may not
be able to use those features, and your access to our Website will therefore
be limited. If you do not disable “cookies”, you are deemed to
consent to our use of any personal information collected using those
cookies, subject to the provisions of this clause.
Changes to these Terms and Conditions
My Pet Mart may, in its sole discretion, change any of these Terms
and Conditions at any time. It is your responsibility to regularly check
these Terms and Conditions and make sure that you are satisfied with the
changes. Should you not be satisfied, you must not place any further
orders on, or in any other way use, the Website.
Any such change will only apply to your use of this Website after
the change is displayed on the Website. If you use the Website after such
amended Terms and Conditions have been displayed on the Website, you will
be deemed to have accepted such changes.
When you visit the Website or send emails to us, you consent to
receiving communications from us or any of our divisions or partners
Ownership and copyright
The contents of the Website, including any material, information,
data, software, icons, text, graphics, lay-outs, images, sound clips,
advertisements, video clips, trade names, logos, trade-marks, designs and
service marks which are displayed on or incorporated in this Website (“Website
Content”) are protected by law, including but not limited to
copyright and trade mark law. The Website Content is the property of My
Pet Mart, its advertisers and/or sponsors and/or is licensed to My Pet
You will not acquire any right, title or interest in or to the
Website or the Website Content.
Any use, distribution or reproduction of the Website Content is
prohibited unless expressly authorised in terms of these Terms and
Conditions or otherwise provided for in law. To obtain permissions for
the commercial use of any Website Content contact us via email at firstname.lastname@example.org.
Where any of the Website Content has been licensed to My Pet Mart
or belongs to any third party, your rights of use will also be subject to
any terms and conditions which that licensor or third party imposes from
time to time and you agree to comply with such third party terms and
The use of the Website is entirely at your own risk and you assume
full responsibility for any risk or loss resulting from use of the
Website or reliance on any information on the Website.
Whilst My Pet Mart takes reasonable measures to ensure that the
content of the Website is accurate and complete, My Pet Mart makes no
representations or warranties, whether express or implied, as to the
quality, timeliness, operation, integrity, availability or functionality
of the Website or as to the accuracy, completeness or reliability of any
information on the Website. If any such representations or warranties are
made by My Pet Mart’s representatives, My Pet Mart shall not be bound
My Pet Mart disclaims liability for any damage, loss or expenses,
whether direct, indirect or consequential in nature, arising out of or in
connection with your access to or use of the Website and/or any content
therein unless otherwise provided by law.
Although Goods sold from the Website may, under certain
specifically defined circumstances, be under warranty, the Website itself
and all information provided on the Website is provided “as is” without
warranty of any kind, either express or implied, including, but not
limited to, the implied warranties of merchantability, fitness for a
particular purpose, completeness, or non-infringement, as may be allowed
Any views or statements made or expressed on the Website are not
necessarily the views of My Pet Mart, its directors, employees and/or
In addition to the disclaimers contained elsewhere in these Terms
and Conditions, My Pet Mart also makes no warranty or representation,
whether express or implied, that the information or files available on
the Website are free of viruses, spyware, malware, trojans, destructive
materials or any other data or code which is able to corrupt, destroy,
compromise, disrupt, disable, harm, jeopardise or otherwise impede in any
manner the operation, stability, security functionality or content of
your computer system, computer network, hardware or software in any way.
You accept all risk associated with the existence of such viruses,
destructive materials or any other data or code which is able to corrupt,
compromise, jeopardise, disrupt, disable, harm or otherwise impede in any
manner the operation or content of a computer system, computer network,
any handset or mobile device, or your hardware or software, save where
such risks arise due to the gross negligence or wilful misconduct of My
Pet Mart, its employees, agents or authorised representatives. My Pet
Mart thus disclaims all liability for any damage, loss or liability of
any nature whatsoever arising out of or in in connection with your access
to or use of the Website.
Linking to third party websites
This Website may contain links or references to other websites (“Third
Party Websites”) which are outside of our control, including those of
advertisers. These Terms and Conditions do not apply to those Third Party
Websites and My Pet Mart is not responsible for the practices and/or
privacy policies of those Third Party Websites or the “cookies” that
those sites may use.
Notwithstanding the fact that the Website may refer to or provide
links to Third Party Websites, your use of such Third Party Websites is
entirely at your own risk and we are not responsible for any loss,
expense, claim or damage, whether direct, indirect or consequential,
arising from your use of such Third Party Websites or your reliance on
any information contained thereon.
Limitation of liability
My Pet Mart cannot be held liable for any inaccurate information
published on the Website and/or any incorrect prices displayed on the
Website, save where such liability arises from the gross negligence or
wilful misconduct of My Pet Mart, its employees, agents or authorised
representatives. You are encouraged to contact us to report any possible
malfunctions or errors by way of email to email@example.com.
MY PET MART SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE
FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED
IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL
ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
YOU HEREBY INDEMNIFY MY PET MART AGAINST ANY LOSS, CLAIM OR DAMAGE
WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY
FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
Availability and termination
We will use reasonable endeavours to maintain the availability of
the Website, except during scheduled maintenance periods, and are
entitled to discontinue providing the Website or any part thereof with or
without notice to you.
My Pet Mart may in its sole discretion terminate, suspend and
modify this Website, with or without notice to you. You agree that My Pet
Mart will not be liable to you in the event that it chooses to suspend,
modify or terminate this Website other than for processing any orders
made by you prior to such time, to the extent possible.
If you fail to comply with your obligations under these Terms and
Conditions, including any incident involving payment of the price of an
order for any Goods, this may (in our sole discretion with or without
notice to you) lead to a suspension and/or termination of your access to
the Website without any prejudice to any claims for damages or otherwise
that we may have against you.
My Pet Mart is entitled, for purposes of preventing suspected
fraud and/or where it suspects that you are abusing the Website, to
blacklist you on its database (including suspending or terminating your
access to the Website), refuse to accept or process payment on any order,
and/or to cancel any order concluded between you and My Pet Mart, in
whole or in part, on notice to you. My Pet Mart shall only be liable to
refund monies already paid by you (see My Pet Mart’s Exchanges and
Refunds Policy in this regard), and accepts no other liability which may
arise as a result of such blacklisting and/or refusal to process any
At any time, you can choose to stop using the Website, with or
without notice to My Pet Mart.
Governing law and jurisdiction
These Terms and Conditions and our relationship and/or any dispute
arising from or in connection with these Terms and Conditions shall be
governed and interpreted in accordance with the laws of the Republic of
South Africa. Your continued use of the Website will constitute your
consent and submission to the jurisdiction of the South African courts
regarding all proceedings, transactions, applications or the like
instituted by either party against the other, arising from any of these
Terms and Conditions.
In the event of any dispute arising between you and My Pet Mart,
you hereby consent to the non-exclusive jurisdiction of the High Court of
the Republic of South Africa notwithstanding that the quantum in the
action or proceedings may otherwise fall below the monetary jurisdiction
of that court.
Nothing in this clause or the Terms and Conditions limits your
right to approach any court, tribunal or forum of competent jurisdiction
in terms of the CPA.
My Pet Mart may, in its sole discretion, at any time and for any
reason and without prior written notice, suspend or terminate the operation
of the Website or the user’s right to use the Website or any of its
contents subject to us processing any orders then already made by you.
You may not cede, assign or otherwise transfer your rights and
obligations in terms of these Terms and Conditions to any third party.
Any failure on the part of you or My Pet Mart to enforce any right
in terms hereof shall not constitute a waiver of that right.
If any term or condition contained herein is declared invalid, the
remaining terms and conditions will remain in full force and effect.
No variation, addition, deletion, or agreed cancellation of the
Terms and Conditions will be of any force or effect unless in writing and
accepted by or on behalf of the parties hereto.
No indulgence, extension of time, relaxation or latitude which any
party (the “grantor”) may show grant or allow to the other (the “grantee”)
shall constitute a waiver by the grantor of any of the grantor’s rights
and the grantor shall not thereby be prejudiced or stopped from
exercising any of its rights against the grantee which may have arisen in
the past or which might arise in the future.
These Terms and Conditions contain the whole agreement between you
and My Pet Mart and no other warranty or undertaking is valid, unless
contained in this document between the parties.