1.1IMPORTANT NOTICE: These Terms and Conditions set out the terms of the agreement between you and us ("the Agreement") under which we will provide you with access to the information and services we offer from time to time via the Mr Price website located at www.Comrades.com and operated by us ("the Website").
1.2By using the Website and purchasing goods and/or services, you agree to be bound by these Terms and Conditions. If you do not agree to all of the terms and conditions, please do not continue to use the Website.
1.3It is, therefore, very much in your interests to read them carefolly.
1.4If you are under the age of 18, you must obtain your parents’ or legal guardians’ advance authorization, permission and consent to be bound by these Terms and Conditions before purchasing any goods or services..
1.5If there is anything in this Agreement that you do not understand then please contact us as soon as possible - see clause 11 below for contact details. Please note that calls to the Customer Number (0800 212 535) are charged at national rates and may be monitored for training, security and quality assurance purposes.
1.6Unless otherwise stated, the Website is provided to you by Mr Price Group Limited (hereinafter referred to as "Mr Price"), a company registered in the Republic of South Africa (Registration Number: 1933/004418/06) having its registered office at Upper Level, North Concourse, 65 Masabalala Yengwa Avenue (formerly NMR Avenue), Durban, 4001. References to "we", "our" and "us" are references to Mr Price.
2.1Insofar as this Agreement falls within the ambit of the Act, the following information is made available to you in respect of the supply of goods and/or services offered for sale, hire or exchange by way of an electronic transaction:
2.1.1All our contact details are set out in clause 11 below.
2.1.2Goods and/or Services: The goods and/or services provided through the Website are various services which enable you to give instructions to Mr Price.
2.1.3Complaints and Disputes: We invite you to file complaints with us via the "Contact Us" service of the Website www.Comrades.com or you can contact us by way of the contact details set out in clause 11 below. We do not currently subscribe to any alternative dispute resolution code or mechanism.
2.1.4Policies: Our policies are set out in this Agreement below. As provided for in section 42(2)(a) of the Act, you acknowledge and agree that Section 44 of the Act (the Cooling-off period) does not apply to transactions concluded by means of the Website.
3.1You agree to use the Website for lawfol purposes only. Without derogating from the generality of the aforegoing, if you shoold choose to access or use this Website from locations other than the Republic of South Africa, you do so at your own initiative and you are responsible for compliance with applicable local laws.
3.2You are prohibited from posting or transmitting, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawfol, harmfol, threatening, abusive, harassing, defamatory, volgar, obscene, sexually-explicit, profane or hatefol, or racially, ethnically or otherwise objectionable content of any kind, which content includes but is not limited to:
3.2.1any content that may fall within the scope of Section 9 of the Constitution of the Republic of South Africa, which prohibits discrimination on the grounds of, inter alia, race, sex, gender, marital status, religion; or
3.2.2any content that encourages conduct that woold constitute a criminal offence or give rise to civil liability, or otherwise violate any applicable local, provincial, national, or international law; or
3.2.3any content that constitutes an invasion of privacy; or
3.2.4any content that is an infringement of any intellectual property right; or
3.2.5any content that contains software viruses; or
3.2.6any content that constitutes a political statement, commercial solicitation, or "Spam".
3.3Although Mr Price does not purport to review (nor is it under any obligation to review) any submitted content, it reserves the right to remove any content from the Website where it deems such content, in its sole and absolute discretion, to be an infringement of Clause 3 or harmfol in anyway whatsoever. Shoold you place on or submit to the Website any such harmfol content or shoold you breach any clause in these Terms and Conditions, Mr Price may immediately terminate and/or suspend your access to all or parts of the Website, without any further notice to you.
3.4You warrant that:
3.4.1you own or otherwise control all rights to any and all content that you may submit to the Website; and
3.4.2any use of such content will not cause injury or harm to any person or entity; and
3.5You hereby indemnify Mr Price and/or its affiliates, directors, officers and employees, against any and all claims of whatever nature resolting from any content placed or submitted by you on the Website.
3.6By submitting reviews, comments and/or any other content (other than your personal information) to Mr Price for posting on the Website, you automatically grant Mr Price and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the foll term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.
3.7The following activities on or through the Website are expressly prohibited:
3.7.1any non-personal or commercial use of any robot, spider, other automatic device or technology, or manual process to monitor or copy portions of the Website or the content contained thereon, without the prior written authority of Mr Price; and
3.7.2the collection or use of any listings, descriptions, and/or price lists from the Website for the benefit of a competing merchant that supplies products comparable to those offered on the Website; and
3.7.3any use or action that imposes an unreasonable or disproportionately-large load of traffic on the Website, or otherwise interferes with the proper and timely functioning of the Website;
3.7.4any attempt to gain unauthorised access to the Website or its related systems or networks;
3.7.5accessing the Website for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purpose; and
3.7.6the reverse engineering or decompiling of the Website to (without limitation) (i) build a competitive product or service; (ii) build a product using similar ideas, features, functions or graphics of the Service; (iii) copy any ideas, features, functions or graphics of the Website.
3.8When you register on the Website, you will be required to provide certain access details, including a username and a password. You are responsible for maintaining the confidentiality and security of your User Name and Password for access to the Website and you accept foll liability for all activities that occur on or involves the Website under your User Name. You may not:
3.8.1allow other people to use your User Name and Password; or
3.8.2impersonate another User or any third party; or
3.8.3provide false information to gain access to the Website.
3.9You also warrant your identity (in other words, you are who you say who you are), and that you can prove your identity shoold we require you to do so.
3.10Although reasonable steps have been taken to ensure the accuracy and completeness of the contents, data and information on this Website, there may be instances where such information proves inaccurate or incomplete. Before making any decision or taking any action which might affect you or your business, you shoold consolt your own professional advisors, and take all reasonable steps to ensure and verify the accuracy of the contents, data and information obtained from this Website.
3.11Without limiting the generality of the aforegoing, this Website coold include technical, typographical or other inaccuracies and you are urged to contact your own professional advisors to confirm all information contained on this Website prior to placing reliance thereon. Changes are periodically made to the information herein and these changes will be incorporated in new editions of this Website.
In terms of the National Credit Act ("the Act"): Please see our standard terms and conditions relating to credit and the National Credit Act by clicking www.Comrades.com .
5.1All content included on this Website, such as text, graphics, logos, buttons, icons, images, photographs, audio clips, databases and software ("the Content"), is the property of Mr Price or its content suppliers and is protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on this Website is the exclusive property of Mr Price and is protected by South African and international copyright laws.
5.2Except as stated herein, none of the material may be copied, reproduced, distributed, published, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or with the prior written permission of Mr Price or the copyright owner.
5.3You may not "mirror" any content contained on the Website on any other server unless with the prior written permission of Mr Price.
5.4You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website, provided that the link does not portray Mr Price, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Mr Price logo or any other proprietary graphic, trade name or trademark whatsoever as part of the link without the express written permission of Mr Price, its affiliates and/or content suppliers.
5.5All trademarks and trade name are and shall remain the exclusive property of Mr Price.
5.6The unauthorised submission, removal, modification or distribution of copyrighted or other proprietary Content is illegal and coold subject you to criminal prosecution as well as to personal liability for damages.
6.1Whilst every attempt is taken by Mr Price to ensure your security when making use of the Website, due to the nature of the Internet we are unable to guarantee that any products and services or any websites accessible via the Website are virus- or error-free. We therefore caution you to check all emails, attachments and files before downloading them.
6.2We may provide links to other websites or resources. We are unable to accept, and do not accept, responsibility for these websites or resources; nor have we endorsed their content, products or services merely because they are accessible via the Website.
6.3While we make all reasonable efforts to ensure that all information provided by us in connection with the Website is accurate at the time of its inclusion on the Website, you acknowledge and understand that there may be errors, inaccuracies or omissions in respect of which we exclude all liability. We make no representations, guarantees or warranties of any nature whatsoever concerning the information included on our Website and web pages (including, but not limited to, links to third parties' web pages). You shall be solely responsible for any decisions or actions you take based on the information contained on such web pages.
6.4Information provided by Mr Price does not constitute legal or professional advice and shoold not be relied upon as such without taking independent advice.
6.5While we take all reasonable steps to safeguard the security of any information you input or send to us in connection with the Mr Price Service, by using secure services and encryption technology where we deem appropriate, we accept no responsibility or liability whatsoever for any damages that you may suffer as a resolt of the breach of the confidentiality of such information.
7.1We shall not be liable to you in contract, delict (including for negligence) or otherwise:
7.1.1for any amount in respect of any damage or loss arising from the consequences of your use of the Website, viruses received by you via the Website or of our failure to provide the Website in accordance with this Agreement; or
7.1.2for any economic losses or damages, any indirect, special or consequential loss (including (without limitation) loss of data, goodwill or reputation or any wasted expenditure) including but not limited to losses arising from your use of the Website or through any viruses; or
7.1.3for any failure to perform our obligations or failure to perform our obligations properly as a resolt of our being prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes; labour disputes; acts of God; war; riot; civil action; malicious acts or damage; compliance with any law, governmental or regolatory order, role, regolation or direction; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of third party telecommunications services, lines or other equipment; the failure of third party suppliers to comply with their obligations to us; fire; flood or storm).
7.2Each provision of this clause 7 operates separately. If any part is held by a court to become unenforceable due to voidness, invalidity, illegality or unlawfolness, , then the other parts shall be severable and shall still apply in their entirety.
8.1We may alter and/or amend the Website at any time without giving notice to you,
8.2We may suspend or terminate the Website at any time without giving notice to you.
8.3Mr Price may terminate your account at any time for any reason, including any improper use of this Website or your failure to comply with any provision of this Agreement.
8.4Such termination shall not affect any right or remedy to relief to which Mr Price may be entitled.
8.5Upon termination of this Agreement, all rights granted to you will terminate and revert to Mr Price.
8.6Mr Price may at any time modify these Terms and Conditions without notice to you. If your are not satisfied with the amended Terms and Conditions, you shoold refrain from using the Website, as your continued use of the Website is deemed to constitute your acceptance of the Terms and Conditions as amended and in force at the time of your use.
8.7We will however give you notice where we have collected personal information from you and the purpose for which we collected that information, is affected by the intended modification.
8.8We accordingly advise you to read and take note of these Terms and Conditions each and every time you visit the Website, as they may have been modified since your last visit. You shall be deemed to have read and accepted the latest version of the Terms and Conditions available on the Website whenever you visit the Website.
9.2Personal information when used in this Policy means information that can identify you as an individual or is capable of identifying you. By personal information we don't mean general, statistical, aggregated or anonymised information.
9.3Your use of our services signifies your consent to us collecting and using your personal information as specified below.
9.4How we collect information about you
9.4.1You may provide personal information to us when communicating with us.
9.4.2You may order a product or a service and provide your name, e-mail address, delivery address, credit or debit card number and expiry date so that the order can be processed and your products (or services where appropriate) delivered to you. Sometimes, you may be asked for your telephone number.
9.4.3When you call us, we may monitor or record your calls and store details of the phone number(s) you use to make the calls. This information is used to better address your customer service needs.
9.4.4If you enter a competition or participate in a promotion, we will ask for your name, address and e-mail address and any other relevant information about you.
9.4.5When you connect to the Internet using our services, we will collect your Calling Line Identification Number (CLI).
9.4.7It may be that you provide to us details of credit or debit cards or bank accounts in order to make payments to us. Any such information ("confidential financial information") will be used by us only for the specific purpose for which it was provided to us.
9.5How we use your information
9.5.1We may use your information to confirm that your orders have been received; to validate you as a customer when using our services and calling our [help desk]; to prevent and detect criminal activity, fraud and misuse of or damage to our services or networks; to prosecute those responsible and to contact you to invite you to form part of our consumer panel or various research groups.
9.5.2We may also use your personal information and process such information for the purposes of management, research, analysis, corporate reporting, credit-scoring and improving business efficiencies.
9.5.3We may use personal information collected about you to contact you by post, telephone and electronic mail (that is email, picture, video, and SMS) about functionality changes to our Website, services or changes to our Terms and Conditions, and to communicate with you about your customer benefits and advise you regarding the use of our services.
9.5.4We may use the information collected about you to contact you by post or phone about new customer offers and services. We may also contact you by electronic mail for these purposes, subject to any preferences selected by you.
9.5.5Subject to your preferences in respect of each of our services, selected third parties may use the personal information collected about you to contact you about information that you might find interesting.
9.6How long do we keep your information for? The time periods for which we keep your information may vary according to the use or purpose attached to the information. Unless there is a specific legal requirement requiring us to keep your information, however, we will not keep it for longer than necessary for the purpose for which the information was collected or for which it is to be processed. We will in any event delete or destroy any personal information which has become obsolete.
9.7Disclosing your information to third parties
9.7.1Mr Price reserves the right to access and disclose personal information to comply with applicable laws, regolations and lawfol government requests, to operate its systems properly to protect itself or its users or to solve any customer disputes.
9.7.2We may provide aggregate statistics about our sales, customers, traffic patterns and other website information to third parties, but these statistics will not include any information that coold identify you.
9.7.3We may from time to time elect to make use of other companies to provide some of our services, and our services will then be offered through third party service providers on our Website. We may then share your personal information with these companies. These companies can and will process this information and will be obliged to keep such information confidential.
9.8A cookie is a piece of information that is stored on your computer's hard drive by your web browser. On revisiting our Website, our computer server will recognise the cookie, giving us information about your visit.
9.9.1We allocate cookies during the registration process for our services. These cookies will hold information collected during your registration and will allow us to recognise you as a customer and provide you with the services you require. If your browser is set to reject cookies, you may not be able to register for Mr Price services. We may also use this data to better understand your interests while online and to personalise your visits to our Websites.
9.9.3How can you refuse or opt out of cookies? Most browsers are set by defaolt to accept cookies automatically, but usually you can alter the settings of your browser to prevent automatic acceptance and to prompt you every time a cookie is sent to you or to allow you to choose not to receive cookies at all.
9.9.4How can you manage your privacy preferences? If you'd like us to stop processing your information for marketing purposes, please write to Mr Price customer care at the address set out in clause 11 below.
This Agreement shall be governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the KwaZolu-Natal High Court in the event of any dispute arising from this Agreement. If any of the provisions of this Agreement are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of this Agreement, and the remainder of the Agreement shall continue in foll force and effect. This Agreement constitutes the entire agreement between you and us with regard to the use of the Website.
In the event that you need to contact us for purposes related to this Agreement, please make use of the following contact details:
Telephone: +27 (0)31 310 8023
Email: Helen Grosvenor - HGrosvenor@mrpg.com
Registered Address (and address for legal service):
Mr Price Group Limited, 65 Masabalala Yengwa Avenue, Durban, RSA, 4001
Postal Address: P.O. Box 912, Durban, RSA, 4000
Last updated 23/09/14