Pet Protect Terms & Conditions
- Introduction
1.1. This agreement constitutes the Standard Terms and Conditions (STC) and regulate the terms of use of the Pet Protect Product and platform.
1.2. In this agreement, where we use ‘Us’, ‘We’, or ‘Pet Protect’ we mean Pet Protect a product of Road Protect (Pty) Ltd and where we make reference to ‘you’, we mean you as the user of the Pet Protect Product and platform (this includes the Website and Application/App).
1.3. The STC will be applicable to registered users
1.4. Use of the Pet Protect Product and platform is also subject to our privacy policy.
1.5. By using the Pet Protect Product and platform, you agree that you have read, understood and regard the STC and privacy policy as binding on you.
2. Important Notice
2.1. These STC’s apply to consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”), where applicable.
2.2. These STC’s contain provisions that appear in similar text and style to this clause and which –
2.2.1. may limit our risk or liability;
2.2.2. may create a risk or a liability for you; and/or
2.2.3. may compel you to indemnify Pet Protect; and/or
2.2.4. serves as an acknowledgement, by you, of a fact.
2.3. You need to take special notice of these specific terms as they are important and should be carefully noted.
2.4. If there is any provision in these STC’s that you do not understand, it is your responsibility to ask Pet Protect to explain it to you before you accept the Terms and Conditions or continue using the Pet Protect Product and platform.
2.5. Nothing in these STC’s is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, created for either you or Pet Protect in terms of the CPA or any other act or applicable law.
2.6. Pet Protect permits the use of the Pet Protect Product and platform subject to these STC’s. By using the Pet Protect Product and platform in any way, you shall be deemed to have accepted all the STC’s unconditionally. You must not use the Pet Protect Product and platform if you do not agree to the STC’s.
3. Registration and use of the Pet Protect Product and platform
3.1. To register you must provide a unique username and password and provide certain information and personal details to Pet Protect. You will need to use your unique username and password to access the Pet Protect Product and platform.
3.2. You agree and warrant that your username and password will:
3.2.1. be used for personal use only; and
3.2.2. not be disclosed by you to any third party.
3.3. For security purposes you agree to enter the correct username and password whenever using the Pet Protect Product and platform, failing which you will be denied access.
3.4. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will not hold Pet Protect liable for any damage and or loss of whatsoever nature because of the unauthorised use of your log in details.
3.5. You agree to notify Pet Protect immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
3.6. By using the Pet Protect Product and platform you warrant that you are 18 (eighteen) years or older and of full legal capacity.
3.7. 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 Pet Protect Product and platform, whether directly by you or using any software. In addition, you agree to not monitor, copy, distribute or modify the Pet Protect Product and platform or the information contained therein, without the prior written consent from an authorised Pet Protect representative.
3.8. You may not in any way display, publish, copy, print, post or otherwise use the Pet Protect Product and platform and/or the information contained therein without the express prior written consent of an authorised Pet Protect representative.
3.9. Using Pet Protect, you will not publish, post, upload, distribute, or disseminate any profane, defamatory, obscene, indecent, or unlawful topic, name, image, material or information.
3.10. Using Pet Protect, you will not publish, post, upload, distribute, or disseminate any content that, in the sole judgment of Pet Protect, is objectionable, or which may expose others to any harm.
3.11. Using Pet Protect, you will not publish, post, upload, distribute, or disseminate any topic, name, material, or information that incites discrimination, hate, or violence towards one person or a group because of their race, gender, sexual orientation, religion, or national origin, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
3.12. Use of the Pet Protect product and platform will be limited to those of you who are paid up for the service
3.13. Use of the Pet Protect product and platform will be limited to within the Republic of South Africa
3.14. Pet Protect is not liable or responsible for the functioning of the hardware in terms of the Fit Pet device and benefit. Any hardware issues will need to be taken up directly with the third-party hardware supplier
3.15. Pet Protect is limited to cats and dogs and is limited to a maximum of 6 pets per member
3.16. The Lost Pet benefit will be available 24/7 on a best effort basis. Lost Pet does not guarantee the successful location of the lost pet. The Lost Pet service will be subject to the availability of agents in the area and the availability due to other agent call outs.
3.17. Lost Pet will assist to locate the lost pet and notify you of such, but will not be able to transport or relocate the pet. You will need to arrange all collections and transport of your pet.
3.18. Lost Pet search radius will be up to a maximum of ten kilometres. Lost Pet search cases will be open for a minimum of 15 minutes and a maximum of 48 hours, or until the lost pet is located.
4. Consent to obtain personal information
4.1 You concede that, to provide the services offered on the Pet Protect Product and platform, it may be necessary for Pet Protect to obtain information of a personal nature, other than information you specifically provide during registration and the use of the Pet Protect Product and platform.
4.2 You hereby give Pet Protect the necessary permission in order to access certain third party databases and obtain the information that may be necessary to provide you with the offered services, subject to the conditions stated in the Privacy Policy.
5. Payment
5.1. Your payment in respect of the Pet protect service must be paid up in full to continue to use the Pet Protect product and platform
5.2. Where we offer you facilities to make payments through the Pet Protect Product and platform, we do so using a third-party service provider. It is your responsibility to ensure that you have read the terms and conditions and privacy policies of such third parties prior to making payment.
5.3. In addition to any other indemnity provided for in this agreement, you specifically indemnify us from any loss, damage or expense that you may incur by your use of the third-party payment system.
5.4. Whenever you make payment using a credit card, you warrant that you are the owner of the credit card, alternatively that you have permission from the owner to use the credit card.
6. Errors
6.1. We do not warrant the accuracy or completeness of any third-party content used on the Pet Protect Product and platform.
7. Changes to these STC’s
7.1. Pet Protect may, in its sole discretion, change any of these STC’s at any time. It is your responsibility to regularly check these STC’s and make sure that you are satisfied with the changes. Should you not be satisfied, you should refrain from using the Pet Protect Product and platform and de-register as a you.
7.2. Any such change will only apply to your use of the Pet Protect Product and platform after the change is displayed on the Pet Protect Product and platform. If you use the Pet Protect Product and platform after such amended STC’s have been displayed on the Pet Protect Product and platform, you will be deemed to have accepted such changes.
8. Electronic communications
8.1. When you visit the Pet Protect Product and platform or send emails to us, you consent to receiving communications from us or any of our related and inter-related companies and third-parties electronically in accordance with our privacy policy.
9. Ownership and copyright
9.1. The contents of the Pet Protect Product and platform, 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 the Pet Protect Product and platform are protected by law, including but not limited to copyright and trade mark law. The Pet Protect Product and platform Content is the property of Pet Protect a product of Road Protect Pty Ltd, its advertisers and/or sponsors and/or is licensed to Pet Protect.
9.2. You will not acquire any right, title or interest in or to the Pet Protect Product and platform or the Pet Protect Product and platform Content.
9.3. Any use, distribution or reproduction of the Pet Protect Product and platform Content is prohibited unless expressly authorised in terms of these STC’s or otherwise provided for in law.
9.4. Where any of the Pet Protect Product and platform Content has been licensed to Pet Protect or belongs to any third party, your rights of use will also be subject to any STC’s which that licensor or third party imposes from time to time and you agree to comply with such third party STC’s.
10. Disclaimer
10.1. The use of the Pet Protect Product and platform is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Pet Protect Product and platform or reliance on any information on the Pet Protect Product and platform.
10.2. Whilst Pet Protect takes reasonable measures to ensure that the content and functioning of the Pet Protect Product and platform is accurate and complete, Pet Protect makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Pet Protect Product and platform or as to the accuracy, completeness or reliability of any information on the Pet Protect Product and platform. If any such representations or warranties are made by Pet Protect’ representatives, Pet Protect shall not be bound thereby.
10.3. Pet Protect 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 Pet Protect Product and platform and/or any content therein unless otherwise provided by law.
10.4. In addition to the disclaimers contained elsewhere in these STC’s, Pet Protect also makes no warranty or representation, whether express or implied, that the information or files available on the Pet Protect Product and platform 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 Pet Protect, its employees, agents or authorised representatives. Pet Protect thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Pet Protect Product and platform.
11. Linking to third party Product and platforms
11.1. The Pet Protect Product and platform may contain links or references to other Product and platforms (“Third Party Product and platforms”) which are outside of our control, including those of advertisers. These STC’s do not apply to those Third Party Product and platforms and Pet Protect is not responsible for the practices and/or privacy policies of those Third Party Product and platforms or the “cookies” that those sites may use.
11.2. Notwithstanding the fact that the Pet Protect Product and platform may refer to or provide links to Third Party Product and platforms, your use of such Third Party Product and platforms 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 Product and platforms or your reliance on any information contained thereon.
12. Limitation of liability
12.1. Pet Protect 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 Pet Protect Product and platform or the content contained in the Pet Protect Product and platform; or your inability to use the Pet Protect Product and platform, and/or unlawful activity on the Pet Protect Product and platform and/or any linked Third Party Product and platforms.
12.2. You hereby indemnify Pet Protect against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of the Pet Protect Product and platform and/or any Third Party Product and platforms.
13. Availability and termination
13.1. We will use reasonable endeavours to maintain the availability of the Pet Protect Product and platform, except during scheduled maintenance periods, and are entitled to discontinue providing the Pet Protect Product and platform or any part thereof with or without notice to you.
13.2. Pet Protect may in its sole discretion terminate, suspend and modify the Pet Protect Product and platform, with or without notice to you. You agree that Pet Protect will not be liable to you if it chooses to suspend, modify or terminate the Pet Protect Product and platform other than for processing any transactions made by you prior to such time, to the extent possible.
13.3. If you fail to comply with your obligations under these STC’s, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Pet Protect Product and platform without any prejudice to any claims for damages or otherwise that we may have against you.
13.4. At any time, you can choose to stop using the Pet Protect Product and platform, with notice to Pet Protect.
14. Governing law and jurisdiction
14.1. These STC’s and our relationship and/or any dispute arising from or in connection with these STC’s shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Pet Protect Product and platform 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 STC’s.
14.2. Nothing in this clause or the STC’s limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
15. Information
15.1. For the purposes of the ECT Act, Pet Protect’ information is as follows, which should be read in conjunction with its product descriptions and other STC’s contained on the Pet Protect Product and platform:
15.1.1. Full name: Pet Protect a product of Road Protect (Pty) Ltd
15.1.2. Main business: Pet Protect provides a digital Product and platform for members to protect, personalise and pamper their pets.
15.1.3. Physical address for receipt of legal service (also postal and street address): 66 Charterland Ave, Selcourt, Springs, South Africa.
15.1.4. Office bearers: Robert James Inglis
15.1.5. Phone number: 0861 001 008
15.1.6. Email address: rob@petprotect.co.za
15.1.7. PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from our Product and platform.
16. General
16.1. Pet Protect may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Pet Protect Product and platform or the your right to use the Pet Protect Product and platform or any of its contents subject to us processing any orders then already made by you.
16.2. You may not cede, assign or otherwise transfer your rights and obligations in terms of these STC’s to any third party.
16.3. Any failure on the part of you or Pet Protect to enforce any right in terms hereof shall not constitute a waiver of that right.
16.4. If any term or condition contained herein is declared invalid, the remaining STC’s will remain in full force and effect.
16.5. No variation, addition, deletion, or agreed cancellation of the STC’s will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
16.6. 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.
16.7. These STC’s contain the whole agreement between you and Pet Protect and no other warranty or undertaking is valid, unless contained in this document between the parties.