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WEBSITE TERMS AND CONDITIONS

TAH ANIMAL HOSPITAL (PROPRIETARY) LTD

  1. Introduction
    1. This website can be accessed at http://www.tah.co.za (the “Website“) and is made available by, TAH Animal Hospital (Pty) Ltd (registration number 2019/058447/07) (“TAH Animal Hospital“, “we“, “us” or “our“).
    2. These Website Terms and Conditions (“Terms“) govern the advertising and sale of a range of pet foods and other pet products (“Products“) as may be offered by TAH Animal Hospital on the Website from time to time.
    3. These Terms are binding and enforceable against every person that accesses or uses the Website or registers as a user (“you” or “your“). By using the Website and/or by clicking on the “Register” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms.
    4. If there is any provision in these Terms that you do not understand, it is your responsibility to ask TAH Animal Hospital to explain it to you before you accept the Terms or continue using the Website.
    5. TAH Animal Hospital permits the use of this Website subject to these Terms. By using the Website in any way, you shall be deemed to have accepted all the Terms unconditionally. You must not use this Website if you do not agree to the Terms.
  1. Important Notice
    1.  These Terms apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA“) and contain provisions that appear in similar text and style to this clause and which –
    2. may limit the risk or liability of TAH Animal Hospital or a third party; and/or
    3. may create risk or liability for you; and/or
    4. may compel you to indemnify TAH Animal Hospital or a third party; and/or
    5. serves as an acknowledgement, by you, of a fact.
    6. Your attention is drawn to these Terms because they are important and should be carefully noted.
    7. Nothing in these Terms 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 TAH Animal Hospital in terms of the CPA.
  1. Acceptance of these Terms
    1. By accessing and/or using the Website, you agree to be bound by the Terms.
    2. TAH Animal Hospital may at any time modify any of the Terms and such modification will supersede and replace any previous terms.
    3. The amended terms will be made available on the Website and each time that You access the Website and/or use the Products or services offered via the Website, you agree to be bound by the Terms, as may be modified from time to time.
  1. Content of the Website
    1. TAH Animal Hospital makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of any information, data and/or content on the Website from time to time.
    2. TAH Animal Hospital reserves the right at any time to change or discontinue without notice, any aspect or feature of the Website and any information, data and/or content on the Website.
  1. Registration and Use of Website
    1. Registration on this Website will be required in order to place an order for any Products on the Website
    2. To register online, you will be required to provide certain information, including personal information to TAH Animal Hospital. All personal information obtained by TAH Animal Hospital by virtue of your use of this Website is protected as set out in our Privacy Policy. Further, the security processes and procedures used by TAH Animal Hospital to protect information transmitted via the Website are also set out in our Privacy Policy.
    3. By using the Website, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and to be liable and responsible for you and all your obligations under these Terms.
    4. You agree that you will not in any way use any device, software, or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised TAH Animal Hospital representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
    5. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised TAH Animal Hospital representative.
  1. Orders, confirmation & delivery
    1. The advertising of Products via the Website merely constitutes an invitation by TAH Animal Hospital for you to make an offer to purchase Products and we remain entitled to reject any order without giving reasons therefore and without any liability to you.
    2. As erroneous information and/or prices may be displayed on this Website from time to time, you agree that TAH Animal Hospital cannot be held liable for any inaccurate information and/or prices published on the Website, save where such liability arises from the gross negligence or wilful misconduct of TAH Animal Hospital, its employees, agents or authorised representatives. We will not under any circumstances whatsoever be obligated to sell a Product at such erroneous price displayed on the Website. You are encouraged to contact us to report any possible errors by way of email to [email protected]
    3. Once you have selected the Product you wish to purchase and submitted your order to TAH Animal Hospital, you will be given the opportunity to review the entire transaction and correct any mistakes, before electing whether to withdraw from the transaction or proceed with the transaction. By clicking on the “proceed” or “purchase” or similar “final submit” button you are deemed to have submitted an offer to purchase the Product/s selected by you (“order”) and the order can be withdrawn by you.
    4. TAH Animal Hospital reserves the right to cancel the order for any reason on notice to you and without any liability to you. Receipt of a confirmation of the order (which only constitutes acceptance by TAH Animal Hospital to process the order) will be sent to you once we receive your order. Although the Website is set up to confirm receipt of orders, technical or other problems may delay or prevent such confirmations. DO NOT resend your instruction if you do not receive a confirmation from us as this may lead to a duplicate transaction for which you will be held liable.
    5. Please note: A transaction will only be deemed to have been concluded once the Product/service in question has been delivered. TAH Animal Hospital will indicate the acceptance of your order by delivering the Products to you, and only at that point will an agreement of sale between you and TAH Animal Hospital come into effect (the “Sale“). This is regardless of any communication from TAH Animal Hospital stating that your order or payment has been confirmed. TAH Animal Hospital will indicate any rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
    6. We reserve the right to withhold approval and / or cancel orders at our sole discretion.
    7. Placing Products in a wish list or shopping basket without completing the purchase cycle does not constitute an order for such Products, and as such, Products 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 TAH Animal Hospital liable if such Products 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.
    8. Delivery times are estimated times only and we are not liable for any late deliveries.
    9. We reserve the right to verify the identity of any purchaser or the payment method used. This may entail you being required to, amongst other, send us a copy of your identity document, proof of residence, copy of front and back of your credit card. Failure to do so may result in us cancelling the order without reason. If TAH Animal Hospital approves your application you may be required to sign additional terms & conditions, which will form the basis of TAH Animal Hospital’s agreement with you. A copy of these terms can be obtained by emailing customer care on [email protected] If you do not agree to these additional terms & conditions then your application will be cancelled and you will not be entitled to use or access the product or service you have purchased.
    10. Risk in the products shall pass to you or your authorized representative on delivery.
  1. Performance and availability of Products
    1. TAH Animal Hospital endeavours to execute all orders within the time period notified but by accepting these Terms, you acknowledge and agree that delivery of orders can from time to time fall outside of these time periods due to a number of reasons out of our control including but not limited to logistic delays. By accepting these Terms and transacting on the Website, you acknowledge that no liability is incurred by TAH Animal Hospital in these instances.
    2. You acknowledge that stock of all Products on offer is limited and accept that the display of Products is not necessarily a guarantee that a Product is available.
    3. When Products are no longer available TAH Animal Hospital will notify you and you will be entitled to a refund of the amount paid by you for such Products. Whilst TAH Animal Hospital will take all reasonable efforts to monitor stock levels, we cannot guarantee the availability of stock and we will only be liable for delivery of the Products when the Products are available. Should the Products no longer be available, you shall be entitled to either be credited or refunded for any payments already made by you.
  1. Payments
    1. We accept payments via EFT, credit card or debit card.
    2. Debit/Credit card payments:
      1. We only accept MASTERCARD and VISA credit and debit cards. We will debit the total value of your online order against the payment card tendered by you during the check-out process.
      2. Payment will be affected on acceptance of your order and prior to delivery.
      3. By submitting your order, Identity Number and payment card details you warrant that you are over the age of 18 (eighteen) and that you are fully authorised to make payment with the payment card and that there are sufficient funds available to pay for the order.
      4. Where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your purchase of the Products will be cancelled.
      5. Instant EFT payments: Payments for orders made via Instant EFT will be processed in the same way that Credit Card orders are processed.
  1. Disclosures required in terms of Section 43 of the Electronic Communications and Transactions Act 25 of 2002
    1. Full name: TAH Animal Hospital (Pty) Ltd
    2. Physical address: 1 Kontiki Avenue, Stellenberg, Cape Town, 7550
    3. Website address: http://www.tah.co.za
    4. E-mail address: [email protected]
    5. Company registration number: 2019/058447/07
    6. Credit Provider Number: NOT APPLICABLE
    7. Vat Registration Number: 4490 286 368
    8. Country of incorporation: South Africa
    9. Director details: RA Norrie, WN Alexander
    10. Physical address for receipt of service: 16 Plein Street, Durbanville, Cape Town, 7550
    11. A full record of your transactions can be accessed by logging in to the website and viewing the My Account section . You may request a record of your transaction for up to 90 (ninety) days after which we will not be obligated to keep any records of your transactions.
  1. Returns
    1. Please refer to the Returns and Refunds Policy, which sets out our policy regarding returns or exchanges.
    2. Nothing on our refunds policy or these Terms in any way limits your rights in terms of section 56 (read with section 55) of the CPA.
  1. Cancellations
    1. You are, in terms of section 44 of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act“) entitled to cancel, without reason and without penalty, your order for the Products within 7 (seven) days of receipt of the Products. In such an event –
      1. you will receive a full refund of the purchase price within 30 (thirty) days of the date of your cancellation of the order.
      2. you undertake not to utilise the Products.
    2. your agreement of purchase will be deemed to have been cancelled, and
    3. you will be liable, in terms of section 44(2) of the ECT Act, for the direct costs of returning the products, such as courier and/or shipping charges.
    4. If for any reason you would like to cancel an order this may be done by emailing [email protected]
    5. If you cancel your order later than 7 (seven) days after receipt of the Products, we reserve the right to debit your payment card for the delivery fees in respect of any late cancellations. If you cancel your payment for any reason or if your payment card should cease to be valid for whatever reason, you will nevertheless be bound to pay the full purchase price, including all costs incurred by us relating to the recovery thereof. Without prejudice to any other rights or remedies in law, we reserve the right to cancel forthwith any sale and/or your registration in the event of your breach of any of these Terms.
  • Vouchers
    1. TAH Animal Hospital may from time to time make physical or electronic promotional vouchers or discounts (“Vouchers”) available for use on the Website towards the purchase of the Products. Vouchers can only be redeemed while they are valid, and their expiry dates cannot be extended.
    2. Vouchers are issued in TAH Animal Hospital’s sole discretion and we reserve the right at any time to correct, cancel or reject a Voucher for any reason. Users do not have a right to Vouchers. Vouchers are issued under specific terms and conditions regulating when and how they may be used.
    3. As a general rule, and unless specified otherwise on the specific Voucher itself:
      1. each Voucher can only be used once.
      2. only one Voucher can be used per person per promotion/campaign on the Website.
    4. a Voucher must be used at check-out. It cannot be used later on existing orders; and
    5. the value of the Voucher will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
    6. Vouchers cannot be used to buy other Vouchers and cannot be exchanged or refunded for cash or credit. If for any reason a Voucher does not reflect on the final amount due from you at check-out, you can contact TAH Animal Hospital to confirm if the Voucher is still valid. If the voucher is still valid, you can choose whether to cancel the order and place it again with the Voucher, or you can complete the current order and use the Voucher on your next order.
    7. TAH Animal Hospital is not responsible for any loss or unauthorised use of a Voucher.
  1. Copyright and Intellectual Property Rights
    1. Copyright and all intellectual property rights in all materials, texts, images, drawings and data made available on Website (collectively the “materials“) are owned by TAH Animal Hospital or TAH Animal Hospital is the lawful user thereof and are protected by both South African and international intellectual property laws. You will not acquire any right, title, or interest in or to the Website or the material. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights; save that you may use the materials or any component thereof for your own internal purposes and for the purposes of ordering products from TAH Animal Hospital.
    2. Where any of the materials has been licensed to TAH Animal Hospital 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 conditions.
    3. The trademarks, names, logos, and service marks (collectively “trademarks“) displayed on Website are registered and unregistered trademarks of TAH Animal Hospital. Nothing contained on Website should be construed as granting any licence or right to use any trademark without the prior written permission of TAH Animal Hospital.
  1. External links
    1. External links may be provided for your convenience, but they are beyond the control of TAH Animal Hospital and no representation is made as to their content. Use or reliance on any external links provided is 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 external links or your reliance on any information contained thereon.
    2. When visiting external links, you must refer to the external terms and conditions of use of such external links. You may not link to this Website, in any manner, or frame any content of this Website in any other manner or otherwise use the content without the express prior written permission of TAH Animal Hospital.
  1. Unlawful use
    1. You shall not use the Website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify TAH Animal Hospital against any loss, liability, damage or expense of whatever nature (whether direct or indirect) which TAH Animal Hospital or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the Website to send or post any message or material as aforesaid.
  1. Warranties, Disclaimers and Limitation of Liability
    1. Save as set out in the Terms, TAH Animal Hospital makes no warranties, representations, statements or guarantees (whether express, or implied in law or residual) regarding the Website and the Products and the Website and Products made available via the Website are provided “as is”.
    2. Neither TAH Animal Hospital or its directors shall be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the Website and/or any information contained on or via the Website and/or your use of the Products. Without limiting the generality of the aforegoing, neither TAH Animal Hospital nor its directors shall be liable for any failure and/or unavailability of the Website for any reason whatever and/or the failure/delay by any third party service provider to render any service which are necessary to ensure the availability of the Website.
    3. You hereby indemnify TAH Animal Hospital or its directors against any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable directly or indirectly to the aforesaid. Notwithstanding anything to the contrary contained herein, TAH Animal Hospital shall not be liable for any direct, indirect, contingent or consequential loss (including but not limited to loss of business, loss of data and/or loss of profits) incurred or sustained by you or any third party howsoever arising in respect of your use of or reliance of any information offered on or via the Website and/or your use of the Products.
    4. Without limiting the generality of the aforegoing, TAH Animal Hospital shall not be liable to you or any third party for any loss or damage of whatsoever nature in the event that you request that an order be stopped or cancelled.
    5. By accessing the Website, you warrant and represent to TAH Animal Hospital that you are legally entitled to do so to purchase any of the Products offered for sale via the Website. You further warrant that all the details you have given are true and complete and that you are legally capable of concluding this transaction. If you are younger than 18 years of age you warrant that you have the consent of your legal guardian to enter into this agreement with TAH Animal Hospital or that you have obtained legal status in another manner.
    6. Further to the provisions of our privacy and security policy, 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 negligence. 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 TAH Animal Hospital, TAH Animal Hospital shall not be liable for any loss or damage, however 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. You should always ensure that you read the privacy policy of any third party.
    7. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods. We may in our sole discretion at any time suspend or terminate the operation of this Website without prior notice to you and without the need to give you reasons for such termination. You agree that TAH Animal Hospital will not be liable to you in the event that it chooses to suspend or terminate the Website other than for processing any orders made by you prior to such time and to the extent possible.
    8. In addition to the disclaimers contained elsewhere in these Terms, TAH Animal Hospital 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 the Company, its employees, agents or authorised representatives. TAH Animal Hospital 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.
  1. Use of the Website
    1. TAH Animal Hospital does not make any warranty or representation that information and products advertised on the Website are appropriate for use in any jurisdiction. By accessing the Website, you warrant and represent to TAH Animal Hospital that you are legally entitled to do so and to make use of information and purchase the Products made available via the Website.
  1. Address for Service
    1. The address for service for all purposes relating to these Terms including the giving of any notice, the payment of any sum, the serving of any process, is the address set out paragraph in 10.11 above and the email address set out in paragraph 10.5 above.
    2. TAH Animal Hospital shall be entitled from time to time, by giving notice to you to vary its physical address for service to any other physical address within the Republic of South Africa, and to vary its email address for service to any other email address.
  1. General
    1. Without detracting from the provisions of your account terms and conditions, the Terms constitute the sole record of the agreement between you and TAH Animal Hospital in relation to your use of this Website. No indulgence or extension of time which either you or TAH Animal Hospital may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
    2. TAH Animal Hospital shall be entitled to cede, assign, and delegate all or any of its rights and obligations in terms of these Terms.
    3. All provisions of these Terms are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these Terms which is or becomes unenforceable in any jurisdiction, whether due to invalidity, illegality, unlawfulness or for any reason whatever, 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 of these Terms shall remain in full force and effect.
    4. Should TAH Animal Hospital be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as TAH Animal Hospital is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding event. In the event that force majeure continues for more than fourteen days after it has first occurred then TAH Animal Hospital shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these terms by giving notice to you. An “event of force majeure” shall mean any event or circumstance whatsoever which is not within the reasonable control of including, without limitation, vis major, casus fortuitus, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement or any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage or transport facilities.
    5. For purposes of calculating any time periods GMT +2 shall be used.
    6. These Terms and conditions shall apply to all transactions you conclude via this Website.
    7. A certificate issued by an administrator of this Website shall constitute prima facie proof of any fact related to this Website, including but not limited to which version of the Terms govern a particular dispute and what content was published or functionality was available on the Website at a specific point in time.
    8. When you visit the Website or send emails to us, you consent to receiving communications from us electronically.
    9. The deeming provisions of the ECT Act are excluded to the extent that no message shall be deemed to have been received by us unless we acknowledge receipt thereof in writing. This does not detract from the fact that if you submit an order more than once you may have concluded a double transaction for which you will be liable and that a transaction will only be deemed to have been concluded between you and TAH Animal Hospital on delivery/collection of the product or service.
  1. Dispute Resolution
    1. These Terms and our relationship and/or any dispute arising from or in connection with these Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law.
    2. All disputes arising as a result of your use of the Website or on the interpretation of these Terms or on any matter which in terms of the Terms requires agreement by you and TAH Animal Hospital, (other than where an interdict is sought, or urgent relief may be obtained from a court of competent jurisdiction), will be submitted to and decided by arbitration.
    3. That arbitration will be held with only you and TAH Animal Hospital and your/our representatives present at the offices of the Arbitration Foundation of Southern Africa, Cape Town, South Africa. The arbitration will be governed by the rules of the Arbitration Foundation of Southern Africa in terms of South African law and will be heard by an arbitrator or arbitrators appointed by the Arbitration Foundation of South Africa. The arbitration award will be final and binding on you and TAH Animal Hospital. We agree to keep the evidence in the arbitration proceedings and any order made by any arbitrator confidential. The arbitrator will have the power to give default judgment if either of us fails to make submissions on the due date and fails to appear at the arbitration.

 

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