Terms & Conditions

The following User Agreement governs the use of the Pick n Pay website (“the Website”) including without limitation participation in its bulletin boards, forums, chats and all other areas as provided by Pick n Pay.

Please read the rules carefully. USE OF AND/OR REGISTRATION ON ANY ASPECT OF THE WEBSITE WILL CONSTITUTE YOUR AGREEMENT TO COMPLY WITH THESE RULES. If you cannot agree with these rules, please do not use the Website.

In addition to reviewing this Agreement, please read our Privacy Policy and Copyright Policy. Your use of the Website constitutes agreement to their terms and conditions as well.

The Agreement may be modified from time to time; the date of the most recent revisions will appear on this page. Continued access after revision dates will constitute your acceptance of any changes or revisions to the Agreement.

Our failure to follow these rules, whether listed below or in bulletins posted at various points in the Website, may result in suspension or termination of your access to the Website, without notice, in addition to our other remedies.

Rules of Usage

1. Unless otherwise specified, the Website is intended for your personal use only. You may not authorise others to use the Website, and you are responsible for all use of the Website by you and by those you allow to use, or provide access to, the Website. You may not impersonate, imitate or pretend to be somebody else when using the Website.
2. You may not provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that constitutes junk mail, spam, advertising and/or commercial offers. You may not repeat the same posting multiple times in a day or week.
3. You agree not to use any obscene, indecent, or offensive language or to provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that is defamatory, abusive, bullying, harassing, racist, hateful or violent. You agree to refrain from ethnic slurs, religious intolerance, homophobia and personal attacks when using the Website.
4. You agree not to use any sexually explicit language or to provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that is sexually explicit.
5. You may not provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that is encrypted, invades anyone’s privacy, or illustrates, references or encourages conduct that would constitute a criminal offence, give rise to criminal liability or that otherwise violates any statute or regulation. You agree to use the Website only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
6. You are responsible for ensuring that any graphics, text, photographs, images, video, audio or other material you provide to or post anywhere on the Website does not violate the copyright, trade mark, trade secret or any other personal or proprietary rights of any third party or is provided or posted with the permission of the owner/s of such rights.
7. The Website may contain graphics, text, photographs, images, video, audio and other material that is clearly identified for your use (“Assets”). The Assets are protected by copyright, trade mark and other intellectual property laws. Nevertheless, we grant to you the limited, non-exclusive rights and license to use the Assets solely as described on the Website, as limited by this Agreement, and provided further that you keep intact any and all copyright and other proprietary notices. This includes the “look and feel” of the Website and the advertising thereon (“the Website Content”).
8. The Website Content is protected by copyright, trade mark and other intellectual property laws and is the property of Pick n Pay and its service providers. The copying, reproduction, publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion, or other use or change by you, directly or indirectly, whether by omission or commission, of any such Website Content, including but not limited to the removal or alteration of advertising, is strictly prohibited.
9. You may not in any way make commercial or other unauthorised use, by publication, re-transmission, distribution, performance, caching or otherwise, of material obtained through the Website except as permitted by statute or expressly permitted in writing by this Agreement or the Website.
10. You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Website or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the Website.
11. Other than connecting to our and our third party service provider’s servers by http requests using a Web browser, you may not attempt to gain access to our servers by any means, including, without limitation, by using administrator’s passwords or by masquerading as an administrator while using the Website or otherwise.
12. You acknowledge that Pick n Pay and its third party service providers have not reviewed and do not endorse the content of all sites linked to and from this Website, and are not responsible for the content or actions of any sites linked to or from this Website. Linking to any service or site is at your sole risk.

Comments by others are not Endorsed by Pick n Pay

Pick n Pay does not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted on forums, blogs or otherwise contained in the Website. Any information or material placed online, including advice and opinions, are the views and responsibilities of those who post the statements and do not necessarily represent the views of Pick n Pay or its third party service providers. You agree that Pick n Pay and its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.

Use of Material Supplied by You.

For information regarding use of information about you that you may supply or communicate to the Website, please see our Privacy Policy.

Except as expressly provided otherwise in the Privacy Policy or in the Copyright Policy or in this Agreement, you agree that by posting messages, uploading text, graphics, photographs, images, video or audio files, inputting data or engaging in any other form of communication with or through the Website, you grant us a royalty-free, perpetual, non-exclusive, unrestricted worldwide licence to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display or sublicense any such communication (including your identity and information about you) in any medium (now in existence or developed hereafter) and for any purpose, including commercial purposes, and to authorise others to do so. In addition, please be aware that information you disclose in publicly accessible portions of the Website will be available to all users of the Website, so you should be mindful of personal information and other content you may wish to post.

Indemnification

You hereby indemnify Pick n Pay and its affiliates, employees, agents, representatives and third party service providers, and hereby defend and hold each of them harmless from any and all claims and liabilities (including legal costs on the attorney-client scale) which may arise from your submissions, from your unauthorised use of material obtained through the Website, or from your breach of this Agreement, or from any such acts through your use of the Website.

Editing and Deletions

Pick n Pay and its third party service provider reserve the right, but undertake no duty, to review, edit, move or delete any material provided for display or placed on the Website or its bulletin boards, in its sole discretion, without notice.

Additional Rules

Pick n Pay and its third party service provider reserve the right to post, from time to time, additional rules of usage that apply to the Website. Your continued use of the Website constitutes your agreement to comply with these additional rules.

Disclaimer of Warranty and Limitation of Liability

You acknowledge that you are using the Website at your own risk. The Website is provided “as is” and Pick n Pay, its third party service provider and their affiliates of whatever nature hereby expressly disclaim any and all warranties, express or implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose, or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained therein or provided by the Website. Pick n Pay, its third party service providers and their affiliates of whatever nature do not represent or warrant that access to the Website will be uninterrupted or that there will be no failures, errors or omissions, or loss of transmitted information, or that no viruses will be transmitted on the Website.

Pick n Pay, its third party service provider and their affiliates of whatever nature shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of this agreement and your use of the Website, including for viruses alleged to have been obtained from the Website, your use or reliance on the Website or on any of the merchandise purchased via the Website, or on any information or materials available on the Website, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages.

You hereby agree to release Pick n Pay, its third party service provider and their affiliates of whatever nature from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (“Claims”), arising out of or in any way connected with your use of this Website.

Termination or Suspension of Access to the Website

Pick n Pay and its third party service provider has the right to suspend and/or terminate your ability to access the Website or any portion thereof, for any or no reason, without notice.

Mobile Terms and Conditions

The following terms and conditions govern your use of Mobile Programmes offered by this Website, so please read them carefully. Your use of any aspect of the Programme will constitute your agreement to comply with these terms and conditions.

If you cannot agree with these terms and conditions, please do not use the Programme. These terms and conditions may be modified from time to time. The date of the most recent revisions will appear on this page. Continued access to the Programme by you will constitute your acceptance of any changes or revisions to these terms and conditions.

Your failure to follow these terms and conditions may result in suspension or termination of your access to the Programme, without notice, in addition to our other remedies. We also reserve the right to discontinue the Programme, or change the content or formatting of the Programme, at any time without notice to you, and to require the immediate cessation of any specific use of the Programme.

1. Your service provider’s standard messaging rates apply to all mobile text messages you initiate from our website to your cell phone. All charges are billed by and payable to your mobile service provider.
2. You agree that the cell phone number you enter into the Programme is registered in your name, and has been RICA’d, and that you will not initiate messages to the cell phone of any other person or entity.
3. You shall have a mobile communications subscription with a participating service provider or otherwise have access to a mobile communications network for which we make the Programme available. You shall provide all equipment and software necessary to connect to the Programme, including but not limited to, a mobile handset or other mobile access device that is in working order and suitable for use, as determined in our sole discretion, in connection with the Programme.
4. You agree not to modify the format or branding of the content provided in the Programme (“Content”), or to add any materials, including any advertisements or other promotional content, to such Content. The Content is owned by us, our affiliates or licensors, and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to download and use the Content on a designated compatible mobile device, solely for your own personal, non-commercial use. You shall not reproduce, modify, perform, transfer, distribute, sell, create derivative works or of otherwise use or make available the Content or the Programme except as expressly provided for in this Agreement.
5. We provide the Programme “as is” and shall not be held liable for your use of the information, content or material contained therein. We shall not be liable for any delays in the receipt of any messages as delivery is subject to effective transmission from your network operator. We disclaim all liabilities, to the fullest extent allowed by law, with regard to the Programme, including warranties of merchantability, non-infringement and fitness for a particular purpose.

Jurisdiction

You agree that this Agreement shall, for all purposes, be governed and construed in accordance with the laws of the Republic of South Africa and that any action based on, related to or alleging a breach of this Agreement must be brought in a court in Johannesburg. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.

If you don’t agree to the terms contained in this Agreement, please exit the Website by clicking the Back Button on your browser to return to the previous page.