This User Agreement applies to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”) and Electronic Communications and Transactions Act 2002 (“ECT Act”).
Nothing in this User Agreement 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 PriceCheck in terms of the CPA or ECT Act.
The PriceCheck Services
PriceCheck operates the Website through which all Users are able to compare and purchase a range of products (“Goods”) offered for sale by certain third parties ("Merchants") as regards prices, other product specifications and characteristics, as well as registered Users' ratings of such Merchants and/or their products.
The Website offers an online platform allowing for the sale and purchase of Goods between Users and Merchants (“Marketplace”). PriceCheck will indicate on relevant product pages and checkout pages when Goods are for sale by a Merchant. This User Agreement governs the ordering, sale and delivery of Goods.
The Website also provides links to the websites of the Merchants and may include advertising relating to Merchants, other third parties, and their products.
Provided you are at least 18 years old, you will be able to register for a User Account, in which case you will be able to make use of further services and functionality on the Website, such as being able to rate and review Merchants and/or their products, order Goods on the Website, as well as being able to post comments, manuals, pictures and videos regarding various products.
To register as a user, you must provide a unique username and password and provide certain information and personal details to PriceCheck. You will need to use your unique username and password to access the Website in order to purchase Goods.
For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
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 be liable for payment of such order, save where the order is cancelled by you in accordance with this User Agreement. You agree to notify PriceCheck 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.
Membership on the Website is free. PriceCheck does not charge any fees for browsing, however when buying items listed for sale on the Marketplace there will be a purchase price and may be a delivery fee.
Note that the Merchants and products listed on the Website do not necessarily represent all suppliers of the relevant products, or all products available, in the market, and PriceCheck does not guarantee that the prices, registered Users' ratings and reviews of products and/or Merchants, or any other information specified on the Website, are accurate or error-free. It is specifically recorded that product pricing and characteristics are supplied to PriceCheck by the Merchants who have agreed to be listed on the Website, reviews and comments are those of our registered Users, as submitted by them and don't reflect the views of PriceCheck, and the ratings given to any Merchants or their products are calculated based on rating submissions made by our registered Users and are not determined by PriceCheck. PriceCheck also makes no guarantees as to the content or accuracy of any external websites to which you may be able to link from the Website.
PriceCheck shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the applicable Returns Policy.
Each Merchant sets their own Returns Policy per shop or per item. You should ensure you review and accept the applicable policy before completing your order on Marketplace. By ordering an item, you are deemed to have read and agreed with the Merchant’s Returns Policy.
If a Returns Policy applies to an item and is accepted by the Merchant:
- 1-15 (one to fifteen) days after delivery of the item, PriceCheck will facilitate the refund process.
- 16-30 (sixteen to thirty) days after delivery of the item, the Merchant will facilitate the refund process.
- If an exchange or repair of an item is agreed by the Merchant, the Merchant will make arrangements with you to complete the exchange or repair.
Conclusion of sales and availability of stock
Registered users may place orders for Goods, which PriceCheck or the Merchant may accept or reject. Whether or not PriceCheck or the Merchant accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by PriceCheck for the Goods.
NOTE: PriceCheck or the Merchant will indicate the acceptance of your order by delivering the Goods to you and only at that point will an agreement of sale between you and PriceCheck or the Merchant come into effect (the “Sale”). This is regardless of any communication from PriceCheck stating that your order or payment has been confirmed. If your order has been rejected, PriceCheck will indicate the rejection of your order (by PriceCheck itself or the Merchant) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
Prior to delivery of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may cancel the Sale only in accordance with the Returns Policy.
Any order of a television will be subject to the condition that we obtain from you your valid TV licence number and your account holder ID. If we do not receive your TV licence number and your account holder ID, or your TV licence number cannot be validated, you will not be able to check out with the television in your shopping basket.
Placing Goods in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods 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 PriceCheck or the Merchant liable if such Goods 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.
PriceCheck relies on inventory information supplied by the relevant Merchant and PriceCheck accordingly bears no liability for any inaccuracies in the information supplied to it.Consequently, should you order any Goods from a Merchant which are in fact sold-out, any resulting dispute should be resolved between you and the relevant Merchant, your respective rights and obligations being as set out in this User Agreement.
Certain Goods may not be purchased for re-sale. Should we suspect that any Goods are being purchased for sale, we are entitled to cancel your order immediately without notice to you.
PriceCheck is committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
Payment can be made for Goods via credit card: 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 are entitled 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 order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
Once you have selected your payment method and you accept this User Agreement, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
Delivery of goods
All orders are dispatched using a delivery service of PriceCheck’s choice, and a delivery fee may or may not be charged depending on the nature of the goods being ordered.
Once your order is accepted the Goods will be delivered to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period.
PriceCheck’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. PriceCheck is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
An order may be cancelled if payment has not yet been made for the order by you. Once payment has been made by you for an order, the order may only be cancelled before the order has been dispatched.
Not responsible for Merchants
PriceCheck's role is limited to providing the platform through which you can view, compare and, if registered, comment on, and purchase the products offered by different Merchants. In some instances you will be able to follow links through to such Merchants' websites.
A Merchant which is referred to as a 'trusted Merchant' is a Merchant which is a registered company, having a secure payment gateway and which displays on its website all product information, refund and returns policy, shipping methods and all available payment methods.
However, irrespective of whether Merchants are indicated as 'Trusted Merchants' or not, PriceCheck is not an agent of any Merchant, does not vouch for, or make any warranties in relation to, any Merchant or its products. Neither PriceCheck nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising in relation to any Merchant. Without detracting from the generality of the aforegoing, PriceCheck will not be liable in any way whatsoever in relation to any purchases you may make from any Merchant/s directly. In purchasing products from any Merchant directly, you are contracting with the relevant Merchant to purchase such Merchant's product/s and the Merchant is thus solely responsible for the fulfilment of all aspects of your purchase from it. You acknowledge that you are solely responsible for evaluating the price, quality and legitimacy of any products listed on the Website and PriceCheck does not guarantee that any Merchant or other party involved in transactions arising from listings or advertisements placed on the Website will act in good faith.
PriceCheck provides a platform to facilitate transactions between Merchants and PriceCheck Users. PriceCheck is neither the buyer nor the seller of these Goods. The Sale formed on acceptance of your order (in accordance with clause 4) for Goods that are for sale by a Merchant is therefore solely between you and such Merchant. PriceCheck is not a party to that sale. The Merchant is solely responsible for fulfilment of the Goods. The Merchant is also responsible to provide an invoice to you if required.
Not all Merchants are registered VAT (Value-Added Tax) vendors. Only Merchant’s who are registered VAT vendors may charge VAT on Goods sold and issue a tax invoice in respect thereof. If a Merchant is not a registered VAT Vendor, it may not charge VAT on Goods sold and will not be in a position to issue a tax invoice in respect thereof.
Because PriceCheck wants you to have a safe and consistent experience, PriceCheck may handle returns arising out of or in connection with the Sale between you and a Merchant on behalf of the Merchant. Should such claim escalate into being a dispute, although PriceCheck is entitled to become involved in an attempt to resolve it, PriceCheck is not obliged to do so and any disputes must be resolved between you and the relevant Merchant alone.
As PriceCheck strives to ensure that the information on the Website relating to any Merchant or its products is accurate, up-to-date, and lawful, should you suspect that a Merchant is selling illegal products, conducting fraudulent activity, using bait marketing or otherwise misleading Users in any way, please notify PriceCheck thereof by using http://www.pricecheck.co.za/contact_us/ so that PriceCheck can take such measures as it deems appropriate.
PriceCheck makes no representations or warranties of any nature whatsoever in relation to the Website and/or Services, implied or otherwise, including any warranty that the Website or the server that makes the Website available is free from viruses or other harmful components, or that the functions, content and technology available from the Website are uninterrupted and/or error free. PriceCheck may suspend access to the Website without notice at any time and accepts no liability for any consequences of the Website being unavailable for any reason.
Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of PriceCheck and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.
All risk and liability arising from your use of the Website vests with you and neither PriceCheck nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and through this Website, including any harm to your computer from viruses, or damages suffered due to the Website being unavailable for any reason. You are encouraged to report any possible malfunctions and errors to us by clicking here: http://www.pricecheck.co.za/contact_us/.
This Website is supplied on an "as is" basis, has not been compiled or supplied to meet your individual requirements, and PriceCheck is not liable for anything you find on the WebSite or any liability you incur through your use of the Services. It is your sole responsibility to satisfy yourself that the service available from and through this Website will meet your individual requirements and be compatible with your hardware and/or software.
If PriceCheck is found, despite the aforegoing disclaimers, to be liable for any reason, its liability to you or any third party concerned (whether in contract, delict, negligence, strict liability, by statute or otherwise) is limited to ZAR500 (five hundred South African Rand). Also, under no circumstances will PriceCheck be liable for any indirect or special damages, consequential loss, loss of profits or loss of data.
Your indemnification of PriceCheck
Intellectual Property Rights
Any and all copyright subsisting in the Website, including this User Agreement, vests in PriceCheck and all rights not expressly granted are reserved.
All the content, trademarks and data on this Website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to PriceCheck and as such are protected from infringement by local and international legislation and treaties. Note that the Website may contain images, names, codes or other content that constitute the trademarks, logos, or copyrighted material owned by Merchants or other third parties and you may not copy or use same without their permission.
You may only download, view and print content from this Website for private and non-commercial purposes. To obtain permissions for the commercial use of any content on this Website contact us at http://www.pricecheck.co.za/contact_us/ for assistance.
Content & Minors
PriceCheck not liable: PriceCheck cannot screen or edit all the content available from the Website and does not accept any liability for illegal, defamatory or obscene content. You are encouraged to inform PriceCheck of any content that may be offensive or illegal. Hyperlinks provided on this Website to other websites are provided as is and PriceCheck does not necessarily agree with, edit or sponsor the content on such web pages.
Minors: There is no age limit on our Users as our Website is not an adult website. However, certain products listed by certain Merchants may be of an adult nature or such that they may only legally be purchased by persons over the age of 18 years, and PriceCheck will not be liable in any way in relation to minors viewing any adult-only product listings on the Website, or subsequently purchasing adult-only products listed on the Website (either because the Website directly linked to the relevant Merchant site, or because the Merchant's name or contact details were listed on the Website). Furthermore, note that Users under the age of 18 may not make use of the additional services made available to registered Users and may thus not register for a User Account.
Users' obligations regarding posting of content: Without detracting from the generality of your obligations under the 'Prohibited Conduct' section below, as a registered User, anything you post/upload to the Website must be strictly relevant to the products and/or Merchants listed on the Website. Also, you may not post/publish any pornographic or offensive material, or material which you do not have the right to distribute. By uploading any media/content to the Website, you warrant that you own the copyright therein or have the permission of the copyright owner to publish such content on the Website and that such content does not otherwise violate this User Agreement.
Use of Advertiser content: The Advertiser, in agreeing to this Terms and Conditions, hereby consents to the royalty free use by PriceCheck, of all copyright vesting in and relating to product information that is lawfully and freely available to the public, including information appearing on the Advertiser's website, including, but not limited to, product descriptions, photographs and illustrations, which may be classified as literary works or artistic works in terms of section1(1) of the Copyright Act 98 of 1978, for the purpose of advertising the Advertiser's products on PriceCheck's website, www.pricecheck.co.za.
Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page on this Website shall be prosecuted and civil damages shall be claimed in the event that PriceCheck suffers any damage or loss.
As a registered User, you agree and warrant that your log-in name and password shall:
- be used for your personal use only; and
- not be disclosed to any third party.
You allow PriceCheck to take all reasonable steps to ensure the integrity and security of the Website and back-office applications.
Hyperlinks, Framing, spiders and crawlers: No person, business or web site may link to any page on this Website, or use any technology to search and gain information from the Website, without the prior written permission of PriceCheck. Such permission could be obtained by contacting PriceCheck here: http://www.pricecheck.co.za/contact_us/ In addition, no person, business or web site may -
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Website or any Website content;
- reformat or frame this site or any of the pages on this Website in any way whatsoever.
General: You agree to use the Website in accordance with this User Agreement and all applicable laws, regulations and ordinances. In particular, you undertake not to engage in any of the following prohibited conduct in using the Website:
- threatening, stalking, defrauding, inciting, harassing, or advocating the harassment of another person, User or Merchant, or otherwise interfering with another person's use of the Website;
- submitting false, inaccurate or misleading information on the Website or conducting yourself in a false, inaccurate or misleading fashion;
- conducting fraudulent activities;
- delivering or attempting to deliver any damaging code to this Website or attempting to gain unauthorised access to any page on this Website
- tampering, hacking, modifying or otherwise corrupting the security or functionality of the Website;
- posting spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
- keyword spamming or otherwise attempting to manipulate search results;
- promoting bigotry or discrimination;
- violating any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- being defamatory, trade libellous, unlawfully threatening or unlawfully harassing;
- transmitting or posting profanity, adult content or illegal content, such as child pornography;
- soliciting personal information from minors or to harm or threaten to cause harm to minors;
- modifying, adapting, appropriating, reproducing, distributing, translating, creating derivative works or adaptations of, publicly displaying, selling, trading, or in any way exploiting the Website or Website content, except as expressly authorised by PriceCheck;
- reverse engineering any portion of the Website;
- removing or modifying any copyright, trademark or other proprietary rights notice on the Website or on any materials printed or copied off of the Website;
- recording, processing, or mining information about other Users or Merchants;
- accessing, retrieving or indexing the Website to construct or populate a searchable database of business listings or reviews;
- taking any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on PriceCheck's technology infrastructure;
- attempting to gain unauthorised access to the Website, computer systems or networks connected to the Website through hacking, password mining or any other means;
- using the Website or any Website content to transmit any computer viruses, worms, defects, Trojan horses, time bombs, cancelbots, easter eggs or other computer programming routines or items of a destructive nature in that they may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information;
- using any device, software or routine that interferes with the proper working of the Website, or otherwise attempting to interfere with the proper working of the Website;
- making excessive traffic demands;
- violating the security of any computer network, crack passwords or security encryption codes; disrupt or interfering with the security of, or otherwise causing harm to, the Website or Website content;
- removing, circumventing, disabling, damaging or otherwise interfering with any security-related features of the Website, features that prevent or restrict the use or copying of Website content, or features that enforce limitations on the use of the Website;
- doing anything which may render PriceCheck liable to anyone, or cause PriceCheck to lose (in whole or in part) the services of our ISP's or other suppliers.
You acknowledge that if you use the Website in a manner that violates the aforegoing provisions, PriceCheck may incur liability and/or suffer damages and accordingly in the event of any such violation, your access to the Website will be subject to limitation, suspension or immediate termination; you will be subject to damages and other penalties, including criminal prosecution where applicable; and you will be held liable to PriceCheck for any and all damages suffered by PriceCheck including any attorney's fees on an attorney and own-client scale) and, without limiting the generality of the aforegoing, you shall reimburse PriceCheck for any and all costs, expenses, and fines levied on it by third parties as a result of your activities.
Term and Termination
This User Agreement shall commence from the date on which it is published on the Website and continue indefinitely, as amended by PriceCheck from time to time, for so long as the Website exists and is operational, PriceCheck being entitled to terminate this User Agreement and/or shut down the Website at any time.
If you fail to comply with your obligations under this User Agreement, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
PriceCheck is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by PriceCheck to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and PriceCheck, in whole or in part, on notice to you. PriceCheck shall only be liable to refund monies already paid by you (see PriceCheck’s Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
Changes to this User Agreement
PriceCheck may, in its sole discretion, change this User Agreement or any part thereof at any time with or without notice. It is your responsibility to visit the Website to see whether the User Agreement has been amended and ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from using in any way, the Website.
Governing Law and Jurisdiction
This Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the 'Disputes' clause of this User Agreement, you and PriceCheck submit to the non-exclusive jurisdiction of the South African courts.
Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and PriceCheck on any matter provided for in, or arising out of this User Agreement or your use of the Website, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Cape Town in English. The expedited arbitration rules may be downloaded from http://www.arbitration.co.za/downloads/expedited_rules.pdf
Note that PriceCheck will not be involved in any disputes between you and a Merchant. PriceCheck is not your, or any Merchant's agent and will not act as either of your agent in connection with resolving any disputes between the two of you.
PriceCheck chooses as its domicilium citandi et executandi (ie its address) for all purposes under this User Agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: 3rd floor, 125 Buitengracht Street, Cape Town, 8000, South Africa.
When you visit the Website or send e-mails to PriceCheck, you consent to receiving communications from PriceCheck electronically and agree that all agreements, notices, disclosures and other communications sent by PriceCheck satisfy any legal requirements, including but not limited to the requirement that such communications should be "in writing".
As required by the Electronic Communications and Transactions Act, PriceCheck's information is as follows:
Full name: PriceCheck (Pty) Ltd, registered in South Africa, registration number 2007/013797/07
Main business: Online service provider (price comparison)
Address: 3rd floor, 125 Buitengracht Street, Cape Town, 8000, South Africa
Office bearers: K Tucker, M Koser
Official email address: http://www.pricecheck.co.za/contact_us/