(Version effective as of 1 January 2008)
Welcome to the home of Shoprite, a web site currently located at www.shoprite.co.za.
Part A: General Information and Terms
1 General Information
For your convenience, we have listed below some general information about ourselves:
- “We” are Shoprite Checkers (Pty) Ltd, and “us” and “our” have a corresponding meaning herein.
- Shoprite Checkers (Pty) Ltd is a private company incorporated in accordance with the laws of the Republic of South Africa with registration number 1929/001817/07.
- The chief executive officer of Shoprite Checkers (Pty) Ltd is Mr JW Basson and the Board of Directors of Shoprite Checkers (Pty) Ltd is available at http://www.shopriteholdings.co.za/pages/1019812640/about-our-company/Directors.asp
- Our postal address is PO Box 215, Brackenfell, 7561
- Our address of establishment is at Cnr William Dabs and Old Paarl Roads, Brackenfell, South Africa and we will accept service of all legal documents there;
- Our telephone and facscimile numbers are Tel: +27 (0)21 980 4000, Fax: +27 (0)21 980 4150
- Our e-mail address is email@example.com
- Our VAT number is: 4420106777
- We subscribe to the following codes of conduct:
Code of Corporate Practice and Conduct in the King Report 2002
- Our webmaster can be contacted at firstname.lastname@example.org
- Content means any information, data, text, software, music, sound, photographs, graphics, video, messages, and tags contained on this web site;
- ECT Act means the Electronic and Communications Act 25 of 2005;
- We, us and our means Shoprite Checkers (Pty) Ltd (and, unless the context indicates otherwise, its owners, employees, suppliers, internet service providers, agents and affiliates); You mean the User of this website;
- The singular includes the plural and vice versa; and
- Hyperlinks, which are not operational, will not in any way detract from the validity and interpretation of the Terms;
3 General Conditions of Use for this Web Site
- You acknowledge that content submitted to this web site by other users do not represent our views and that we have not authorized nor endorsed such content. You agree not to post or transfer to our web site (nor include in any message sent to our web site) any material that is unlawful or violates any third party’s rights or which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties’ computer system. You agree to indemnify us in respect of any liabilities, losses, expenses, or other costs whatsoever incurred as a result of a breach of your obligation hereunder, including, but not limited to, any claims made against us by any third party.
- We reserve the right, in our sole and absolute discretion, without notice to remove any material you have submitted to our web site and/or to suspend and/or terminate your subscription, access and/or use of any or all of the services and/or this site at any time without notice, and we will probably do so if you act in breach of these terms.
- You acknowledge that the ownership in any intellectual property rights (including without limitation, copyright and patent rights) in this site belongs to us, including any comments, ideas, feedback, suggestions or orders submitted by you. . You hereby agree to transfer, cede and assign to us all your rights in all such materials you submit to us upon our request and to take all steps reasonably required and execute any documents to give effect to such transfer. Accordingly, any part of this site (including its source HTML code) may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing this site, meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content.
- You may only use the trademarks featured in our site for the purpose of displaying this site on your computer screen or printing out this site on your printer in accordance with condition 3(2) above. Any other use of the trademarks without prior written consent is strictly prohibited.
- We, our subsidiaries, officers and employees do not make any warranties, representations or undertakings, express or implied, about the content of this site or the services provided on it or about the content of any other website which may be referred to or accessed by hypertext link from this site, and we do not endorse or approve the content of such third party websites. In particular, we do not make any representations as to the accuracy, suitability, availability, timeliness, security, completeness or reliability of information contained on this site and shall not be bound in any manner whatsoever by the information contained on this web site, including errors and omissions. Furthermore, we do not represent that this site is free of viruses or bugs or anything else, which may have a harmful effect on any technology or that the site is compatible with all computer systems and browsers. Any material and/or information downloaded or otherwise obtained through the use of this web site is thus done at the user's sole discretion and risk and the user is solely responsible for any damage to its computer system or loss of data that results from the download of any such material.
- Due to the nature of electronic transmission of data over the internet any liability we, our subsidiaries, officers and employees may have for any losses or claims arising from an inability to access this site or use a service on this site, or arising from any use of this site or reliance of the data transmitted using this web site, is excluded to the fullest extent permissible by law, even if we, our subsidiaries, officers or employees were negligent or aware of the problem in advance. In no event will we, our subsidiaries, officers and employees be liable for any loss of profit, revenues, goodwill, opportunity, business, anticipated saving and/or other direct or indirect or consequential loss of any kind in contract, delict (including negligence and gross negligence) or otherwise arising out of use of this site, save where such liability cannot be excluded by applicable law. Finally, we, our subsidiaries, officers and employees accept no liability for any service or product advertised, supplied or otherwise promoted on this site by any third party. Our display of such services or products should not be construed as any form of endorsement thereof.
- You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including attorneys' fees on a party and own client scale, made by any third party due to or arising out of your breach of these terms or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- You will be required to choose a user name and a password when registering with us. You are responsible for keeping your user name and password secret. You will be required to enter your username and password every time you want to use one of our subscription services. You indemnify us from and hold us harmless against any loss or damage suffered or liability incurred arising from your failure to keep your account details (such as user names, passwords and access codes) secure or from you permitting anyone else to use your account with us. You accept that you will be liable for all transactions concluded on your account.
Part B: Competitions
- All competitions offered on this web site will be open to residents of South Africa only unless expressly stated otherwise.
- Anyone working for us and any family members or associates are prohibited from entering any competitions offered on this web site.
- No cash alternative is available to any prize unless expressly stated otherwise.
- The closing date for any competition will be as stated. The judges cannot accept responsibility for late entries.
- Entrants expressly declare that they are duly authorized to participate in the competition.
- The judges decision will be final. We will not enter into correspondence.
- Multiple winners may be subject to tie-break to decide an outright winner.
- Any deviation from the rules and/or attempt to manipulate the outcome of the prize will result in disqualification.
- Winners under 21 years old require permission from a parent/guardian to take the prize and any winner may be required to submit proof of age.
- Prizes are non-transferable in whole or in part, must be taken as stated and may not be sold to a third party. You must confirm acceptance of the prize as stated, failing which you will no longer be eligible for a prize, and that prize will be re-allotted.
- We accept no responsibility for any incorrect or incomplete registration details that you may supply as part of your registration. No responsibility will be accepted for undelivered, lost or delayed entries. Proof of sending is not proof of receipt. Errors in entries may, in the judges discretion, void entries.
- If any prize offered is unavailable, we reserve the right to select alternative prizes of equivalent value and we reserve the right to modify, supplement or withdraw all or part of this competition without notice and no refunds of costs of entry will be payable.
- Entrants acknowledge that in consideration of the prize offered to winners by us the winning entries may be released, displayed to the public by us or any company connected with the promotion. This will be in the form of the winner's name and place of origin. Entrants agree that we are the owner of all right, title and interest in all entries, including the entire copyright, whether now existing or howsoever, arising in the future, including all the rights throughout the universe to promote, reproduce for commercial use or otherwise, edit, advertise and publicise, produce, record and reproduce by any art medium or method whether now known or later developed ('Exploitation Rights') to be exercised in our sole discretion throughout the world for the full term of copyright and other rights in the entries and all extensions thereof including for the avoidance of doubt the right to register any design rights and/or trademarks. Entrants undertake to do all things necessary, including the execution of any requisite documentation to transfer the Exploitation Rights to us, as and when requested by us.
- Further, the entrant irrevocably and unconditionally waives all moral rights to which they may now or at any time in the future be entitled pursuant to any copyright law and under any similar law in force from time to time anywhere in the world in respect of all works referred to herein.
- Unless expressly stated otherwise these terms will apply to all competitions offered on this web site. In the event of conflict between these terms and the rules applicable to any specific competition, the specific competition’s rules will prevail.
Part C: Complaints and General
- We aim to provide you with a quality service. If, however, you feel that you have cause to complain, you can contact us at the email address given in section 1 of Part A above. We will try to do our best to resolve any problems that arise.
- Our failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable or invalid by any competent authority, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in force and effect to the fullest extent permitted by the law. <
- We will have the right to cede, delegate, transfer and assign our rights, obligations and duties hereunder to any person and/or entity, and you hereby consent to such cession, delegation, assignment and transfer.
- We will be excused any failure to perform or delay in performance of any or all of our obligations hereunder as a result of an event of force majeure, including without limitation acts of God (including flood, fire, earthquake or other similar events), riots, war, strikes, lock-outs or other industrial disputes, epidemics, failure of telecommunications systems, failure of the world wide web, any outages of the internet or connection or communications thereto, governmental restraints and act(s) of legislature or any other cause outside our reasonable control.
If you agree to be bound by the above terms and conditions please click YES at which point the software will make available to your computer our Subscription Form. If you do not agree click NO.The Subscription Form will then not be made available to your computer and you cannot make use of our services.