1. Introduction
These are the general terms of the relationship between you (website visitor) and us (website owner). The terms cover all use of this website. You agree to the terms by visiting and using this website.
We are the owner of this website, these are our legal terms, and you agree to them by visiting this website.
2. Definitions and interpretation
2.1 Definitions
In the agreement:
terms means the terms, consisting of:
- these terms of use; and
- any other relevant specific terms, policies, disclaimers, rules and notices agreed between the parties, (including any that may be applicable to a specific section or module of the website);
we, us, or our means Absolute Pets (Pty) Ltd (Registration number: 2013/104633/07), the owner of the website. It includes our officers, agents, employees, owners, co-branders and associates where the terms limit or exclude our liability; you or your means any visitor to this website, including any other person, website, business, or agent (including any virtual or robotic agent) associated with the visitor.
2.2 Interpretation
If the meaning of any general terms conflicts with any other relevant specific terms, the specific terms will apply. Specific terms apply to a specific section of the website or have been specifically agreed between you and us.
3. Use of this website
3.1 Licence
We grant you a limited licence to use this website on these terms. We may cancel your licence at any time for any reason. Your licence is automatically cancelled if you do not get our written permission before using this website in a way these terms do not allow.
We grant you a limited licence to use this website.
3.2 Breach
If you breach any of the terms or infringe any other person’s rights (including copyright), we may cancel your licence, block you from using the website, claim specific performance or damages against you and take any other steps the law allows, without affecting our rights.
We may cancel your licence and take other steps if you breach any of these terms.
3.3 Framing and linking
You may not frame this website or any of its pages. You may only link to the home page of this website. You may not deep link (link to any other page) or link in any way that could suggest that we endorse or support you, or that you have any rights in our website or intellectual property, unless we have given you permission to do so.
You may not frame this website or link to any sub-pages.
3.4 Virtual agents
You may not use any technology (including spiders, crawlers, bots, and similar virtual agents) to search or gain any information from this website, unless we have given you permission to do so.
You may not crawl this website without our permission.
4. Capacity
You promise that you are entitled to visit this website and agree to the terms because you:
- are at least 18 (or regarded as legally adult), and have the legal right and capacity to do so; or
- are not 18 yet, but have permission from your parent (or legal guardian) to do so.
You agree to these terms on the basis that you have the capacity to visit this website.
5. Accurate information
You promise that you will only give accurate information to us and this website.
You promise that you will give this website only accurate information.
6. Intellectual property
6.1 Ownership
Except as provided to the contrary in the agreement, all right, title, interest, and ownership (including all rights under all copyright, patent, and other intellectual property laws) in, to, or of this website are our sole property or will vest in us or a third party licensor. All moral rights are reserved.
We or our third party licensors own all rights in this website.
6.2 Trade marks
Our logo and sub-logos, marks, and trade names are our trade marks and no person may use them without our permission. Any other trademark or trade name that may appear on our marketing material is the property of its respective owner.
All our trade marks are our property and you may not use them without our permission. All other trade marks are their respective owners’ property.
6.3 Restrictions
Except as expressly permitted under the agreement, the website may not be:
- modified or used to make derivative works;
- rented, leased, loaned, sold or assigned;
- reverse engineered or copied; or
- reproduced or distributed.
You may not change, hire out, reverse engineer, or copy this website without our permission.
7. Limits to our liability
7.1 Own Risk
We provide the website "as is". We do not give any express or implied warranty or make any other promise about this website. For example, we do not warrant that it is good quality, fit for any particular purpose, accurate, complete, up-to-date, legally effective or secure. We also do not warrant that it is free of latent defects, errors, malicious software or infringing content, or that you will have quiet or uninterrupted use of it.
You use this website at your own risk and we make no warranties about it
7.2 Indemnity
You indemnify (or promise to protect) us against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) related to your use of this website.
You indemnify us against any liability related to your use of this website.
7.3 Faults
We will do our best to fix any fault in this website as soon as reasonably practical after we find out about it. This is the limit of our responsibility and liability for any fault in the website.
7.4 Direct damages
If the previous clause does not apply for any reason, our maximum liability to you for all claims for direct damages is R100. This limit applies whether a claim is based on contract, delict (tort) or any other legal cause of action.
Our maximum liability to you for all claims for direct damages related to this website is R100.
7.5 Indirect damages
We will never be responsible for any indirect or consequential damages or losses, even if we should have foreseen them. These may include any loss of profit, loss of goodwill, loss of use or damages related to lost or damaged data.
We will never be responsible for any indirect damages.
7.6 Other websites
We are not responsible for anyone else’s website.
8. General
8.1 Entire agreement
The terms are the entire agreement between the parties on the subject.
8.2 Changes to website
We may change or stop publishing this website without notice and will not be responsible for any consequences.
8.3 Changes to terms
We may change the terms by placing a notice on this website. If you do not agree with the change, you must stop using this website or the changed terms will apply to you.
We may change any of these terms at any time by updating this web page.
8.4 Facts about website
If an administrator of this website signs a letter confirming any fact related to the website, that letter is conclusive proof of its contents. These may include the version of the terms that apply to any dispute, or what content or functions the website had at a particular time or date.
8.5 Waiver
We do not ever waive (give up) our rights, even if we allow you any favour or extension of time, or we delay enforcing our rights against you.
8.6 Severability
Any term that is invalid, illegal, or cannot be enforced must be regarded as deleted. The remaining terms continue as intended.
8.7 Law and jurisdiction
South African law and conditions (such as time and date) govern the terms. Only the South African courts may decide any dispute about the terms.
9. Order Terms & Conditions
9.1 Auto-orders
The Auto-order service is governed by the Absolute Pets general terms and conditions and privacy policy and all other terms and conditions, limitations, restrictions and requirements on the absolutepets.com website (as amended from time to time). By placing an order through the Auto-order service, you accept these terms, conditions, limitations, restrictions and requirements.
Auto-order items will continue automatically until you cancel your Auto-order. By placing an Auto-order, you are authorising Absolute Pets to charge your card for future orders at the frequency and quantity you selected. The actual cost of each order may vary depending on the frequency and quantity chosen.
Absolute Pets reserves the right deny any customer a discount or promotional offer at their sole discretion.
Best price guarantee is based on the lowest price offered by Absolute Pets to the general public within a 20km radius of the delivery address of the Auto-order and only for the products on the Auto-order. This applies to the day of the order, not the delivery date nor the date the reminder is sent, and the seven days prior to the date of the order. The best price guarantee excludes discounts offered to specific customers or customer groups and general discounts.
9.2 Unpaid orders
Our systems allow for a 10 day payment window from the date and time that an order is placed. During this window, receipt and confirmation of payment must take place otherwise the order will be automatically cancelled.
Any promotional discounts or special offers that are applied to an order when it is cancelled will be forfeited.
Furthermore, we reserve the right to cancel orders earlier than the window allows for, should the order make use of certain promotional discounts or special offers with a fixed expiry date which falls prior to the end of the 10 day payment window.