Terms & Conditions
This is for the mindset, we call this the fine print, it’s really just a bunch of legal stuff to ensure we’re all on the same page. Some good weekend reading if you’ve got time to spare!
- This website can be accessed at www.shopcentre.co.za, related mobile-sites and software applications (the “Website”) and is owned and operated by Shopcentre South Africa (Pty) Ltd. (Pty) Ltd.
(“Shopcentre South Africa (Pty) Ltd. ”, “we”, “us” and “our”).
- These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale, and delivery of Goods, and the use of the Website.
- These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
- The Website enables you to shop online for an extensive range of goods including sport, home and kitchenware, baby and toddler products, electronics, health and beauty products, movies and TV, gaming, toys, pet supplies, and more (“Goods”).
- Shopcentre South Africa (Pty) Ltd. allows third-party sellers to list and sell their Goods on the Website (each a “Third Party Seller”). The will indicate on relevant product pages and checkout pages when Goods are for sale by a Third Party Seller. Certain terms in these Terms and Conditions only apply to purchases from Third Party Sellers, and others only apply to purchases from Shopcentre South Africa (Pty) Ltd.. This will be made clear in the relevant clause.
- These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
- These Terms and Conditions contain provisions that appear in similar text and style to this clause and which -
- may limit the risk or liability of Shopcentre South Africa (Pty) Ltd. or a third party; and/or
- may create risk or liability for the user; and/or
- may compel the user to indemnify Shopcentre South Africa (Pty) Ltd. or a third party; and/or
- serves as an acknowledgment, by the user, of a fact.
- Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
- Nothing in these Terms and Conditions 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 Shopcentre South Africa (Pty) Ltd. in terms of the CPA.
- Shopcentre South Africa (Pty) Ltd. permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
Please refer to our Returns Policy for more information about returning products (and related refunds, replacements, or repairs). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions). Please take note of the following with regards to Covid-19:
- Shopcentre South Africa (Pty) Ltd. reserves the right to refuse any Covid-19 related products back for refunds or exchanges due to risk of cross contamination.
For products not sold on the website of Shopcentre South Africa and that are sourced for clients the following terms apply.
- Shopcentre South Africa does not take responsibility for damages and/ or loss of life/ property by use of these products.
- Shopcentre South Africa reserves the right to refuse refunds for products that were sourced.
- As these products are special orders no returns are allowed.
- The above mentioned terms also apply to all Covid-19 products that are sourced and are not sold on our website.
Registration and use of the website
- You agree to notify Shopcentre South Africa (Pty) Ltd. immediately upon becoming aware of or reasonably suspecting any unauthorized access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
- By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
- You agree that you will not in any way use any device, software, or other instruments to interfere or attempt to interfere with the proper working of the Website. Also, you agree that you will not in any way use any robot, spider, another automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorized Shopcentre South Africa (Pty) Ltd. representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
- You may not use the Website to distribute material which is defamatory, offensive, contains, or amounts to hate speech or is otherwise unlawful.
- You may not in any way display, publish, copy, print, post, or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorized Shopcentre South Africa (Pty) Ltd. representative.
Conclusion of sales and availability of stock
- Users may place orders for Goods, which Shopcentre South Africa (Pty) Ltd. or the Third Party Seller may accept or reject. Whether or not Shopcentre South Africa (Pty) Ltd. or the Third Party Seller 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 authorization by Shopcentre South Africa (Pty) Ltd. for the Goods.
- NOTE: Shopcentre South Africa (Pty) Ltd. or the Third Party Seller 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 Shopcentre South Africa (Pty) Ltd. or the Third Party Seller come into effect (the “Sale”). This is regardless of any communication from Shopcentre South Africa (Pty) Ltd. stating that your order or payment has been confirmed. Shopcentre South Africa (Pty) Ltd. will indicate the rejection of your order (by Shopcentre South Africa (Pty) Ltd. itself or the Third Party Seller) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
- Before 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 of the Goods, you may return the Goods only following the Returns Policy.
- Any order of a television will be subject to the condition that we obtain from you your valid TV license number and your account holder ID. If we do not receive your TV license number and your account holder ID, or your TV license number cannot be validated, you will not be able to check out with the television in your shopping basket.
- Placing Goods in a wish list 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 Shopcentre South Africa (Pty) Ltd. or the Third Party Seller 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.
- You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Shopcentre South Africa (Pty) Ltd., Shopcentre South Africa (Pty) Ltd. will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Shopcentre South Africa (Pty) Ltd. will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
- In the case of Goods for sale by a Third Party Seller, Shopcentre South Africa (Pty) Ltd. relies on inventory information supplied by the relevant Third Party Seller and Shopcentre South Africa (Pty) Ltd. accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any Goods from a Third Party Seller which are sold-out, any resulting dispute should be resolved between you and the relevant Third Party Seller, your respective rights and obligations being as set out in these Terms and Conditions.
- Discount pricing on quotations applied on quantity ordered and are subject to change with the quantity ordered. If the quantity ordered/ purchased decreases, the cost per unit will increase without notice to the client. It is the responsibility of the client to correspond with the sales representative to confirm if the cost price of the item has changed in the event that the stock increases / decreases.
- Certain Goods may not be purchased for resale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.
- We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
- Payment can only be made for Goods via –
- Bank Transfers
- Instant EFT via Ozow
- Debit or Credit Card Payments via Payfast.
- Once you have selected your payment method, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
- Payment details will be given on a Tax invoice issued by Shopcentre South Africa (Pty) Ltd. (email@example.com) to your email address.
- If the Tax Invoice Is not issued from (firstname.lastname@example.org) please do not transact and notify Shopcentre South Africa (Pty) Ltd. immediately.
- In the event that a cash deposit is made you will be charged a service fee to the sum of the bank charges to your account.
Delivery of goods
- At the moment Shopcentre South Africa (Pty) Ltd. offers 1 methods of delivery of Goods to you. Delivery will be via Courier.
- Delivery fees will be calculated and displayed on the checkout page.
- Delivery of goods will take 2 (two) to 5 (Five) Working Days.
- In the event that courier takes longer then the above mentioned days, you will be notified via email..
- Shopcentre South Africa (Pty) Ltd. will deliver the Goods 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. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the goods. If you elect to cancel your order, we will reimburse you for the purchase price within 7-14 Working days. If you elect to continue with your order Shopcentre South Africa (Pty) Ltd. will place a new order with the supplier and the Deliver Period will start over.
- Shopcentre South Africa (Pty) Ltd.’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. Shopcentre South Africa (Pty) Ltd. is not responsible for any loss or unauthorized use of a product after it has delivered the product to the physical address nominated by you.
- We 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 Returns Policy.
- Shopcentre South Africa (Pty) Ltd. shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.
Gift Vouchers & Coupons
- Shopcentre South Africa (Pty) Ltd. may from time to time make physical or electronic gift vouchers (“Gift Vouchers”) and promotional coupons (“Coupons”) available for use on the Website towards the purchase of Shopcentre South Africa (Pty) Ltd. Goods. Gift Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:
- Gift Vouchers
- Gift Vouchers that are purchased by registered users are valid for 3 years after Sale. Gift Vouchers that Shopcentre South Africa (Pty) Ltd. gives away for free are valid for the period stated thereon. In each case, if your Voucher has not been used within that period, it will expire.
- Gift Vouchers cannot be used to buy other Gift Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased or otherwise obtained. If your Gift Voucher value is less than the amount required to cover the full order you wish to place, you may make up the difference by paying via one of our other payment methods.
- Shopcentre South Africa (Pty) Ltd. is not responsible for any harm due to the loss, unauthorized use or unauthorized distribution of a Gift Voucher after it has delivered the Gift Voucher to you or the email address nominated by you.
- There is one type of coupon: Coupon with a fixed amount of a discount, e.g. R100 off (“Fixed Coupon”)
- Coupons are issued in Shopcentre South Africa (Pty) Ltd.’s sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorized manner). Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
- As a general rule, and unless specified otherwise on the specific Coupon itself:
- each Coupon can only be used once;
- only one Coupon can be used per order;
- only one Coupon can be used on the Website per person per promotion/campaign;
- Percentage Coupons may only be redeemed on purchases with a total cart value of less than R5,000;
- Where a Percentage Coupon has been used and you wish to cancel any items in the order before making payment, the entire order must be cancelled. You will be issued with a new Percentage Coupon and will need to place the order again, without the item that you wished to cancel;
- a Coupon must be used at check-out – it cannot be used later on existing orders; and
- the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
- Coupons cannot be used to buy Gift Vouchers or other Coupons, and cannot be exchanged or refunded for cash or credit. Shopcentre South Africa (Pty) Ltd. is not responsible for any harm due to the loss, unauthorized use, or distribution of a Coupon.
- If for any reason a Coupon does not reflect on the final amount due from you at check-out, you can contact us to confirm if the Coupon is still valid. If Shopcentre South Africa (Pty) Ltd. confirms that the Coupon is still valid and you have already placed your order, you can choose whether to cancel the order and place it again with the Coupon, or you can use the coupon on your next order within the limitations of the specific Coupon’s terms and conditions.
- You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by Shopcentre South Africa (Pty) Ltd., before you can use a Coupon.
Daily Deals and other discounted Goods
- At our discretion, Daily Deals (“Deals”) are available daily from 7 am – 23:59 on weekdays and from 9 am – 23:59 on weekends. Also, please note that Daily Deals have a stock limit and may expire earlier if stock runs out.
- Daily Deals quantities are limited and as such, after a Daily Deal is sold out, those particular Goods may be available on the Website at their normal selling prices (but no longer as a Daily Deal).
- We do not guarantee a specific saving. The extent of the Daily Deal or discount is at the sole discretion of Shopcentre South Africa (Pty) Ltd..
- Only one of each Daily Deal may be purchased per customer.
- Adding a Daily Deal to your cart, or completing your order for a Daily Deal without paying for it, does not reserve the item for you. Shopcentre South Africa (Pty) Ltd. must receive payment from you within 24 hours of you placing your order for a Daily Deal, otherwise, we will cancel your order.
- Shopcentre South Africa (Pty) Ltd. will reserve stock for customers in the order in which it receives payment. Therefore if you pay via EFT, you might not get your item because Shopcentre South Africa (Pty) Ltd. may only receive payment from you a few days later, and in the meantime, the Daily Deal might sell out to customers paying immediately.
- The List Price shown in respect of Daily Deals and other discounted Goods is the recommended retail price suggested to us by the supplier of the relevant product. Where the supplier has not provided a recommended retail price, an estimate may be provided. Where a product is offered for sale by a Third Party Seller, the List Price may be provided by the Third Party Seller.
- By purchasing any Daily Deal, you are also automatically opting in for our Daily Deals daily newsletter as well as our general newsletter (you may opt-out of these newsletters at any time). Opting out of these newsletters after purchase will not affect the value of the Goods purchased.
- Bundle Deals
- We may from time to time offer bundle deals for sale on the Website. Each Bundle Deal will consist of two or more products that either we or you (as provided on the Website) have combined in a single bundle.
- Any saving or discount resulting from purchasing a Bundle Deal instead of its component products separately may be applied to any of the component products individually in our sole discretion. The actual purchase price (after applying any applicable saving or discount) of each component product will be communicated to you upon checkout and reflected in your order history. This is relevant to the amount that would be refunded to you, if you were to return any product in a Bundle Deal for a refund, following our Returns Policy.
- A Bundle Deal should be distinguished from a pre-packed bundle compiled by our supplier and supplied to us as a single unit (“Pre-packed Bundles“). Any saving or discount in respect of a Pre-packed Bundle will be applied only to the total bundle price and not to the prices of the individual component products. Please refer to our Returns Policy for information about returning a Pre-packed Bundle.
- Competitions shall be conducted in accordance with the provisions of section 36 read with Regulation 11 of the Consumer Protection Act No. 68 of 2008.
- These Terms and Conditions should be read together with the online terms and conditions displayed on https://shopcentre.co.za/terms-conditions.
- Competition Periods:
Competition periods will be indicated on the specific ads.
- Who can enter (the "Participant")
You are entitled to participate in this Competition if you are a natural person, 18 (eighteen) years or older, who is either a South African citizen or carries a valid work permit. The Promoter reserves the right, at any time, to verify the validity of a Participant (including but not limited to a participant’s identity and age) and to reject any Participant who has not complied with these terms and conditions. Errors and omissions may be accepted at the Promoter’s sole discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
Directors, members, employees, agents of, or consultants to the Promoter and its subsidiaries, their promotional partners and printers, their advertising and promotional agencies, supplier of goods or services in connection with this Competition are excluded from being entered into this Competition.
- How to enter
By purchasing a product/ products with a value of R500 or more the participant is automatically entered into the competition and the winners will be notified within 48 (fourty-eight) hours after the expiry of the competition.
- Number of entries per Participant
Each time a participant purchases goods to the value of R500 or more, they will be entered into the competition once.
- Entry Fee
There is no entry fee to participate in the competition.
- The Prize
The winners of the competition will win their share of R100 000 in prizes.
Total value of prizes ma exceed or be less then R100 000.
- Winning draw and Winner's Right and Obligations.
10.1 The winners will be chosen randomly by the executive management of Shopcentre South Africa (Pty) Ltd.
10.2 The winner will be notified withing 48 (fourty-eight) hours following the expiry of the competition on 28 February 2022.
10.3 If the winner is unable to receive or utilize the price or is uncontactable during the stipulated period, the entire price shall be forfeited at the discretion of the Promoter.
10.4 The Winner gives consent to participate in marketing activities, including having his/her photograph taken and published on the Promoter’s website or other media.
10.5 The Prize is exclusively for the benefit of the Winner and is neither transferable nor exchangeable for cash or otherwise. The Prize must be taken up within 2 (two) weeks after the Winner has been announced.
10.6 The Winner will be required to complete a declaration acknowledging receipt of the price and that he/she is not connected to the Promoter as stipulated in clause 5 above.
10.7 By entering into the Competition, a Participant consent to the Promoter sending competition material during and after this Competition, in accordance with the Protection of Personal Information Act (“POPIA”).
10.8 Participants of this Competition are voluntarily providing their personal information as envisaged by POPIA to the Promoter, its associated agencies and the third party service providers running the Competition in conjunction with the Promoter.
10.9 By entering this competition, Participants authorize the Promoter to collect, store and use (not share unless legally required to do so) personal information as envisaged by POPIA of Participants for communication or statistical purposes. Participants are entitled to decline any marketing communication and inform the Promoter in writing should a Participant wish to be removed from all communication.
10.10 By participating in this Competition, a Participant agrees to all the Competition Rules set out above, without exception.
10.11 The Winner agrees that upon winning the Prize, no further prizes in any competitions or give-away or similar campaign of Shopcentre South Africa (Pty) Ltd., will be awarded to the Winner for a period of 3 (three) months, irrespective of whether the Winner has entered or qualified prior to or after the date on which the Prize was awarded to the Winner.
11.1 The Promoter reserves the right to amend, modify, cancel or withdraw any aspect of this Competition in its sole discretion at any time without prior notice or liability. The Promoter cannot guarantee the performance of any third party and shall not be liable for any act or default by a third party. Participants of this Competition agree that the Promoter will, subject to prevailing law, have no liability whatsoever for any injuries, losses, costs, damage or disappointment of any kind resulting in whole or in part, directly or indirectly from acceptance, misuse or use of the Prize, or from participation in this Competition.
11.2 The laws of the Republic of South Africa govern this Competition. If any provision or part of these Competition Rules is deemed void or otherwise unenforceable in law, then that provision or part shall be deemed excluded and the remainder of these Competition Rules shall remain in force. Any violation of these Competition Rules will result in the immediate disqualification of the transgressing Participant from the Competition.
11.3 The Promoters decision is final, and no correspondence will be entered into.
11.4 No liability shall lie on the Promoter in favour of any Participant, Winner (s) and/or third party arising from cancellation, suspension or termination. Therefore, the Participant waives any and all rights which they may have against the Promoter and hereby acknowledges that they will have no right of recourse or claim of any nature whatsoever against the Promoter.
11.5 A copy of these Competition Rules is available at https://shopcentre.co.za/
- We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
- Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to -
- your name and surname;
- your email address;
- your physical address;
- your gender;
- your mobile number; and
- your date of birth.
- Should your information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
- You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
- Subject to clause 15.6 below, we will not, without your express consent:
- use your personal information for any purpose other than as set out below:
- with the ordering, sale, and delivery of Goods;
- to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);
- to inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us); and
- to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits or tracking your sales on the Website; or
- disclose your personal information to any third party other than as set out below:
- to our employees and/or third-party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information to assist us to communicate with you properly and efficiently;
- to our divisions, affiliates and/or partners (including their employees and/or third-party service providers) for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
- to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;
- to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services, etc.). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their benefit;
- to our suppliers for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement; and
- to any Third Party Seller for purposes of sending you an invoice for any Goods purchased from such Third Party Seller, which disclosed information will be limited to your email address (refer to clause 14 above).
- use your personal information for any purpose other than as set out below:
- We are entitled to use or disclose your personal information if such use or disclosure is required to comply with any applicable law, subpoena, the order of the court or legal process served on us, or to protect and defend our rights or property. In the event of fraudulent online payment, Shopcentre South Africa (Pty) Ltd. is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
- We will ensure that all of our employees, third-party service providers, divisions, affiliates, and partners (including their employees and third-party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations with your personal information.
- Ratings and Reviews: When you provide a rating or review of a Product, you consent to us using that rating or review as we deem fit, including without limitation on the Website, in newsletters, or other marketing material. The name that will appear next to that rating or review is your First Name, as you would have provided upon registration. If you do not agree to this, please do not put any ratings or reviews on the Website. We will not display your Last Name, nor any of your contact details, with a rating or review.
- We will -
- treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
- take appropriate technical and organizational measures to ensure that your personal information is kept secure and is protected against unauthorized or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
- provide you with access to your personal information to view and/or update personal details;
- promptly notify you if we become aware of any unauthorized use, disclosure or processing of your personal information;
- provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
- upon your request, promptly return or destroy any of your personal information in our possession or control, save for that which we are legally obliged to retain.
- We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
- Shopcentre South Africa (Pty) Ltd. undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.
- Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorized or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
- With eBooks –
- Shopcentre South Africa (Pty) Ltd. eReader is based on Adobe software. When you use Shopcentre South Africa (Pty) Ltd. eReader, you agree that your data may be collected by and transmitted to Adobe via Shopcentre South Africa (Pty) Ltd. eReader.
Privacy Statement - Client Personal Information (POPIA)
This Privacy Statement describes how Shopcentre South Africa (Pty) Ltd. (‘Shopcentre’, 'we', 'us') collects and processes personal information about you; how we use and protect this information, and your rights in relation to this information, in accordance with the requirements of the Protection of Personal Information Act (POPIA)
This Privacy Statement applies to all personal information we collect about you. Personal information is information, or a combination of pieces of information that could reasonably allow you to be identified.
INFORMATION WE COLLECT
We may collect your personal information from a variety of sources, including personal information we collect from you directly (e.g.: when you contact us and we provide services to you), and information we collect about you from other sources, including commercially available sources, such as public databases (where permitted by law).
Certain personal information is required as a consequence of any contractual relationship we have with you or your employer, to enable us to carry out our contractual obligations to you or your employer. Failure to provide this personal information may prevent or delay the fulfilment of these obligations.
Information we collect directly from you:
The categories of personal information that we may collect directly from you include the following:
- personal details (e.g.: name, age, date of birth, gender, identity number or registration number);
- contact details (e.g.: phone number, email address, postal address or mobile number);
- employment details (e.g.: job title; employer name, employee number);
- economic or financial information (e.g.: details of income, financial statements or investment information).
Where possible, we will inform you what information you are required to provide us with and what information is voluntary.
Information we collect from other sources:
The following are examples of the categories of personal information we may collect from other sources such as the Companies and Intellectual Property Commission; Search Works, Financial Institutions; SARS, include the following:
- personal details (e.g.: name, age, date of birth, gender, identity number, registration number);
- contact details (e.g.: phone number, email address, postal address or mobile number);
- employment details (e.g.: job title; employer name, employee number);
- economic or financial information (e.g.: details of income, financial statements or investment information).
USE OF PERSONAL INFORMATION
We must have a legal basis to process your personal information. We will only process your personal information for the purpose(s) for which it was collected and agreed with you.
In most cases the legal basis will be one of the following:
- to provide services to you;
- to fulfil our contractual obligations to you, for example to ensure that invoices are issued correctly, to communicate with you and to carry out instructions and requests, and for ensuring you are able to access our premises when required;
- to comply with our legal obligations to you, for example health and safety obligations while you are on any of our premises, or to a third party (e.g. to comply with a court order);
- to meet our legitimate interests so that: we are able to provide the services you request; our services function correctly in relation to your business; any complaints or concerns can be promptly relayed to us; we can respond to any questions or concerns you might have; we may carry out research and analysis to ensure products and services we offer are relevant to you; our records are kept up to date and accurate, and; to send relevant and appropriate electronic correspondence to you in order to keep you informed regarding, but not limited to, industry developments which may impact you, and to invite you to events which are fundamental to the services which we provide.
We use your personal information to:
- carry out background checks prior to accepting you as a client
- contact you with questions and other information regarding the services we are providing to you;
- ensure that our records are kept accurate and up to date where you, your employees or contractors work on or visit our facilities;
- ensure we issue accurate invoices for our services;
- send you messages about products and services which we think will be of interest to you;
- comply with legal obligations to which we are subject;
- comply with obligations in terms of our mandate from you.
Sometimes we are authorised and/or required to collect and/or process personal information in accordance with applicable legislation.
Please let us know if any of the personal information that we hold about you changes so that we can correct and update the personal information on our systems.
Right of access to information
You have the right to request, free of charge, confirmation as to whether we hold personal information about you. You also have the right to request a copy of the record of personal information or a description of the personal information we hold about you. Submission of access requests can be made via the following address: email@example.com with request for personal information followed by your details in the subject line.
Right to request correction or deletion of personal information
You can request, where allowed by law, the correction, updating or deletion of the personal information held by us. You can also request, where allowed by law, the destruction or deletion of a record of information held by us. Submission of a request for correction or deletion of information can be made via the following address: firstname.lastname@example.org with request for deletion followed by your request in the subject line.
Right to object to the processing of personal information
In certain circumstances, such as when we process your information for our or your legitimate interests, you may object to the processing of your personal information, unless we are required to process the information on another bases, such as a legal basis. Submission of access requests can be made via the following address: email@example.com with objection and your details in the subject line.
Right to ask us to share your personal information in a usable format with another entity
We can provide the personal information which you provided to us, to you or another person, in commonly used and machine-readable format.
Right to object to automated decision-making and profiling
Where we use automated decision-making or profiling to make decisions, you may object to this profiling. Alternatively, you may ask that a person review a decision made, or that you be provided with the logic around such a decision, so that you can make a representation in respect of the decision.
Right to unsubscribe from direct marketing
Where you do not wish to receive marketing communication from us, you can unsubscribe from marketing emails by clicking on the unsubscribe link in each email or replying “unsubscribe” to the email.
We will still be able to contact you when there is important communication required to be sent.
Right to withdraw consent
Where you have given your consent to a particular type of processing, you may withdraw that consent at any time by contacting us using the contact details set out below.
Right to lodge a complaint with the information regulator
You have the right to lodge a complaint with the Information Regulator, in the prescribed manner and form, if you believe that we are interfering with the protection of your personal information. You can contact the Information Regulator on 010 023 5207 (telephone number) and can lodge a complaint via email on firstname.lastname@example.org.
In general, we do not share your personal information with third parties (other than service providers acting on our behalf) unless we have a lawful basis for doing so.
We rely on third-party service providers to perform a variety of services on our behalf, such as website hosting, electronic message delivery, payment processing, data analytics and research. This may mean that we have to share your personal information with these third parties. When we share your personal information in this way, we put in place appropriate measures to make sure that our service providers keep your personal information secure.
Other situations in which we may disclose your personal information to a third party, are:
- to perform other services, we request from service providers, which may include other Shopcentre network firms;
- to third parties who provide IT services, data processing or IT functionality services, for example cloud-based software providers, web hosting services, data analysis providers and data storage or backup providers;
- to fulfil our contractual obligations to you;
- where permitted by law, to protect and defend our rights and property; and
- when required by law, and/or public authorities;
We may also share aggregated personal information that cannot identify you for general business analysis, e.g.: we may disclose the number of visitors to our websites or services.
We have implemented generally accepted standards of technology and operational security to protect personal information from loss, misuse, alteration or destruction.
We require all staff, (Partners and/or Directors and employees) to keep personal information confidential and only authorised staff have access to this personal information.
We will retain your personal information in accordance with our data retention policy which sets out data retention periods required or permitted by applicable law.
Where it is necessary, for the purposes of processing, your personal information may be transferred outside of South Africa in accordance with the appropriate data protection laws.
We anticipate that personal information may need to be transferred outside of South Africa for purposes of cloud storage, and where we do so, we will ensure that the necessary safeguards are in place to protect personal information.
If you have questions or concerns regarding the way in which your personal information has been used, or should you have any questions about this Privacy Statement, please contact us and provide the details relating to your query via the following address: email@example.com
CHANGES TO THE PRIVACY STATEMENT
You may request a copy of this Privacy Statement from us using the contact details set out above. We may modify or update this privacy notice from time to time. You will be able to see when we last updated the Privacy Statement because we will include a revision date. Changes and additions to this Privacy Statement are effective from the date on which they are posted. Please feel free to review this Privacy Statement from time to time to check whether we have made any changes to the way in which we use your personal information.
Changes to these Terms and Conditions
- Shopcentre South Africa (Pty) Ltd. may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
- Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
Ownership and copyright
- The contents of the Website, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trademark law. The Website Content is the property of Shopcentre South Africa (Pty) Ltd., its advertisers and/or sponsors and/or is licensed to Shopcentre South Africa (Pty) Ltd..
- You will not acquire any right, title, or interest in or to the Website or the Website Content.
- Any use, distribution, or reproduction of the Website Content is prohibited unless expressly authorized in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us.
- Where any of the Website Content has been licensed to Shopcentre South Africa (Pty) Ltd. or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and condition
- The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
- Whilst Shopcentre South Africa (Pty) Ltd. takes reasonable measures to ensure that the content of the Website is accurate and complete, Shopcentre South Africa (Pty) Ltd. makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Shopcentre South Africa (Pty) Ltd.’s representatives, Shopcentre South Africa (Pty) Ltd. shall not be bound thereby.
- Shopcentre South Africa (Pty) Ltd. disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
- Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
- Any views or statements made or expressed on the Website are not necessarily the views of Shopcentre South Africa (Pty) Ltd., its directors, employees, and/or agents.
- In addition to the disclaimers contained elsewhere in these Terms and Conditions, Shopcentre South Africa (Pty) Ltd. also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which can corrupt, destroy, compromise, disrupt, disable, harm, jeopardize 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 can corrupt, compromise, jeopardize, 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 Shopcentre South Africa (Pty) Ltd., its employees, agents or authorized representatives. Shopcentre South Africa (Pty) Ltd. 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 Website.
Linking to third party websites
- This Website may contain links or references to other websites (“Third Party Websites”) that are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Shopcentre South Africa (Pty) Ltd. is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
- Even though the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites 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 Websites or your reliance on any information contained therein.
Limitation of liability
- Shopcentre South Africa (Pty) Ltd. cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Shopcentre South Africa (Pty) Ltd., its employees, agents or authorized representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our
- SHOPCENTRE SOUTH AFRICA (PTY) LTD. 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 WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
- YOU HEREBY INDEMNIFY SHOPCENTRE SOUTH AFRICA (PTY) LTD. AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
Availability and termination
- We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
- Shopcentre South Africa (Pty) Ltd. may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Shopcentre South Africa (Pty) Ltd. will not be liable to you if it chooses to suspend, modify or terminate this Website other than for processing any orders made by you before such time, to the extent possible.
- If you fail to comply with your obligations under these Terms and Conditions, 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.
- Shopcentre South Africa (Pty) Ltd. 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 Shopcentre South Africa (Pty) Ltd. 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 the payment on any order, and/or to cancel any order concluded between you and Shopcentre South Africa (Pty) Ltd., in whole or in part, on notice to you. Shopcentre South Africa (Pty) Ltd. shall only be liable to refund monies already paid by you (see Shopcentre South Africa (Pty) Ltd.’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.
- At any time, you can choose to stop using the Website, with or without notice to Shopcentre South Africa (Pty) Ltd..
Governing law and jurisdiction
- These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website 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 Terms and Conditions.
- In the event of any dispute arising between you and Shopcentre South Africa (Pty) Ltd., you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
- Nothing in this clause 23 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA
By email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
For the ECT Act, Shopcentre South Africa (Pty) Ltd.’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
- Full name: Shopcentre South Africa (Pty) Ltd. (Pty) Ltd, a private company registered in South Africa with registration number 2021/508913/07
- Main business: Online retailer
- The physical address for receipt of legal service (also postal and street address): 28 Reitz Street, Morelig, Bethlehem, 9701 (marked for attention: CEO and Legal)
- Email address: firstname.lastname@example.org
Shopcentre South Africa (Pty) Ltd. may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
- You may not cede, assign, or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
- Any failure on the part of you or Shopcentre South Africa (Pty) Ltd. to enforce any right in terms hereof shall not constitute a waiver of that right.
- If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
- No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
- 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.
- These Terms and Conditions contain the whole agreement between you and Shopcentre South Africa (Pty) Ltd. and no other warranty or undertaking is valid unless contained in this document between the parties.
(LAST UPDATED 25 NOVEMBER 2021)