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Terms & Conditions

  1. Urbanpaws Customer Terms and Conditions

  2. Items in these Terms and Conditions that are of importance or that carry a level of risk for you are in bold. Please pay special attention to these clauses and make sure you understand them. If you don’t understand something please get us to explain it to you.
  3. Definitions

    1. “Acceptance Date” means the date on which you accepted the Agreement, by way of electronic medium, for example by clicking “I agree” on a web page or via your mobile phone;
    2.  “Agreement” means the agreement concluded between you and Urbanpaws which agreement will be exclusively governed by these terms and conditions and the privacy policy and content submission terms;
    3.  “Business Day” means Monday to Friday, but excludes Saturdays and a day which is an official public holiday in the Republic of South Africa; 
    4. “Business Hours” means the hours between 08h30 and 17h00 on a Business Day;
    5. "CPA" means the Consumer Protection Act, 2008;
    6.  “ECT Act” means the Electronic Communications and Transactions Act, 2002;
    7. “Urbanpaws”, “we”, “us” and “our” means Urbanpaws (Proprietary) Limited;
    8. “Urbanpaws Marks” means any trademarks, logos, brand names, trade names domain names or other names or marks of Urbanpaws whether registered or not;
    9. “Intellectual Property Rights” means the copyright in any work in terms of the Copyright Act, No. 98 of 1978, and includes without limitation the right to reproduce that work, the rights in respect of a trade mark conferred by the Trade Marks Act, No. 194 of 1993, the rights in respect of a design conferred by the Designs Act, No. 195 of 1993, and the rights in respect of a patent conferred by the Patents Act, No. 57 of 1978 including any applications for the aforegoing and any names, licenses, know how, trade secrets and data associated with the aforegoing;
    10. "Juristic Person" means a company or close corporation and includes a body corporate, partnership, association or trust;
    11. “Legal Notices Website” means http://urbanpaws.monzamedia.com/learn/terms;
    12. “Purchase Date” means date that a successful sale is concluded by completing the checkout process including successful payment in full;
    13. “Service” means the sale of pet products;
    14.  “Customer” or “you” means a user of any of our products or services;
    15. “Uncontrollable Event” means (including without limitation) any fire, flood, earthquake, elements of nature or acts of God, riots, civil disorders, rebellions or revolutions in any country or any other cause beyond the reasonable control of Urbanpaws including the termination or suspension of a service or product provided by a third party, that may result in a delay or a failure to provide any product or service;
    16. “VAT” means Value Added Tax as provided for in the Value Added Tax Act, 1991; and
    17. “Website” means www.urbanpaws.co.za

  4. Commencement, Duration, Termination and Cooling-off

    1. The Agreement will commence on the Acceptance Date and endure for as long as you have a profile with Urbanpaws until it is cancelled as provided for in this Agreement.
    2. This Agreement incorporates by reference the Website Terms and Conditions, Review Guidelines and Privacy Policy which have been made available to you on this website and which you undertake to read and understand. If you do not understand anything, please ask us to explain it to you.
    3. Urbanpaws may terminate this Agreement immediately for material breach of this Agreement.
    4. Notwithstanding the termination of the Agreement, in the event that you continue to use the products or services despite the termination of the Agreement, you will remain liable for and promptly pay on demand all amounts that would have been due to Urbanpaws as a result of the use of or access to the product or service and this Agreement shall be deemed to continue to apply until such time as all amounts due to Urbanpaws have been paid in full, and we will be entitled to terminate the agreement at any time.
    5. If the Agreement results from any direct approach to you by Urbanpaws or is an electronic transaction as contemplated in the ECT Act, you will be entitled to cancel the Agreement on written notice to Urbanpaws without reason or penalty within 5 (five) Business Days of –
      1. in the case of services only being provided in terms of the Agreement - the Purchase Date; and
      2. in the case where goods are provided and constitute the subject of the Agreement, whether in conjunction with services or on its own – the date of delivery of such goods.  
    6. For purposes of clause 2.5.2, goods include any literature, music, photograph, motion picture, game, information, data software, code or other intangible product or any license to use such intangible product.
    7. A contract for sale of goods will only come into being on the Purchase Date.

  5. Conditions of access

    1. Urbanpaws will make the Service available to you on the Acceptance Date.
    2. You must be at least 18 (eighteen) years of age to access the Services.
    3. Urbanpaws will, where relevant, issue a user name and password to you prior to the Acceptance Date in order to enable you to gain access to and/or use a service. In such instance, you will not be able to access and/or use a service without a user name and password.
    4. You agree that:
      1. you will use your user name and password for your own personal use only;
      2. you will not disclose your user name and password to any other person for any reason whatsoever and that you will maintain the confidentiality thereof;
      3. in the event that your password is compromised, you will immediately notify Urbanpaws and change your password;
      4. you, as the holder of the user name and password, acknowledge you are solely responsible for all payments in respect of a service charged to your Urbanpaws account, irrespective of whether the service has been utilized or is being utilized by you or not and accordingly the entire amount outstanding on your Urbanpaws account will be deemed to have arisen from (or relate to) your access to and/or use of a service;
      5. you agree to cause all persons who use any products or services under your account or with your authorization to comply with the Agreement. All acts or omissions of all persons who use services under your account or with your authorization will be treated for all purposes as your acts or omissions;
      6. Urbanpaws also offers a password reminder service. We will send your password to your registered email address or cell phone number should you have forgotten your password.  Subscription to this service is voluntary. Password reminders will only be sent to your registered details and should such details change it is your responsibility to notify us.
      7. you will not, at any time, permit and/or initiate a simultaneous network log-in; and
      8. you will not attempt to circumvent Urbanpaws’ user authentication processes or engage in attempts to access Urbanpaws’ network where not expressly authorised to do so.

  6. Service Delivery, Service Availability, Ownership

    1. Urbanpaws will use reasonable endeavors to make its services available to you, and to maintain the availability thereof for use by you. However, we provide the services “as is” and “as available” and do not warrant or guarantee that the services will at all times be free of errors or interruptions, be always available, fit for any purpose, not infringe any third party rights, be secure and reliable, or will conform to your delivery timeline requirements subject always to the provisions of the CPA where applicable.
    2. Urbanpaws will use its best endeavors to notify you in advance of any maintenance and repairs which may result in the unavailability of a service, but can not always guarantee this.
    3. Goods will be delivered by our courier services to street addresses only. Our courier will attempt to deliver 3 (three) times, to the street address specified by you in the checkout process, whereafter we will cancel the order and refund any monies due to you.
    4. The cost of delivery will be specified during the checkout process.
    5. Ownership in the goods will pass on the Purchase Date. Risk will pass on delivery.

  7. Communication and Dispute Resolution

    1. You agree that Urbanpaws may from time to time send you communications regarding (without being limited to) special offers or discounts which Urbanpaws may negotiate for and offer to its Customers, operational changes that may affect the services and/or new services or products launched. All communications will abide by our Privacy Policy and applicable law. You will always be entitled to notify us in writing that you do not wish to receive or continue to receive such communications and if you are a consumer as contemplated in the CPA, to pre-emptively block the receipt of such communications.
    2. Any dispute between the parties may be referred to arbitration and finally resolved in accordance with the rules of the Arbitration Foundation of Southern Africa. Such arbitration shall be held either in Cape Town or Johannesburg, and conducted in the English language before one arbitrator appointed in accordance with the said rules.  Any award will be final and not subject to appeal. This agreement to arbitrate shall be enforceable in, and judgement upon any award may be entered in any court of any country having appropriate jurisdiction. A dispute shall be deemed to have arisen when either party notifies the other party in writing to that effect.
    3. The arbitrator shall have the power to give default judgement if any party fails to make submissions on due date and/or fails to appear at the arbitration.
    4. The provisions set out above shall not prevent either party from approaching any court of competent jurisdiction to obtain interim or other relief in cases of urgency.

  8. Payment

    1. Billing will commence on the Purchase Date. A valid tax invoice will be emailed to your registered email address on the Pruchase Date.
    2. Payment can be made as follows:
      1. Credit Card Transactions are acquired by MyGate Communications (Pty) Ltd, a registered systems operator and payment gateway in South Africa. Card Holders may go to www.mygate.co.za to view MyGate’s security policy. Please note that you will be required to accept the terms and conditions for the use of the MyGate service to place any orders with us. If authorisation is not obtained from your acquiring bank, the order is cancelled. You warrant that you are authorised to use the credit card for payment of your order and that there are sufficient funds in this credit card account to cover the costs of any transactions you complete on Urbanpaws.
      2. Paying by SnapScan: Once the payment is made and cleared, your order will be processed. If no payment has cleared within 24 (twenty four) hours of the order being placed your order will be cancelled.
      3. Paying by PayPal: Please select the PayPal option. Note you will need a valid PayPal account to use this option and will be required to accept and comply with PayPal’s standard terms and conditions.

  9. Privacy

    1. Urbanpaws will deal with your personal information in accordance with the provisions of our Privacy Policy which is available on our http://urbanpaws.monzamedia.com/learn/terms and in compliance with all relevant laws.

  10. Intellectual Property Rights

    1. You agree to comply with all laws applicable to any Intellectual Property Rights in respect of any data, files and/or information accessed, retrieved or stored by you through your use of any of our services and/products.
    2. You are prohibited from using any Urbanpaws Marks without the prior written approval of Urbanpaws.
    3. Urbanpaws (or its Third Party licensors) will wholly and exclusively retain all Intellectual Property Rights related to the provision of any of the services or products in terms of these terms and conditions.
    4. Urbanpaws will deal with any content submitted by you in terms of the Review Guidelines.

  11. Warranty and Returns

    1. Please note that this will not apply to any products that are damaged due to misuse or that have been tampered with contrary to any manufacturer’s instructions or other void conditions.
    2. In the first six months after the delivery date, should the goods not be suitable for the purpose for which they were generally intended or should something go wrong with the goods purchased, the Customer will have the rights and remedies set out in the Consumer Protection Act available to them. Please note, this is not a return because you no longer want the goods. 
    3. Unless it is determined that the warranty is void, any goods returned will be at Urban Paw’s risk and expense. Please contact our call centre and ask about our process for return of faulty goods and our courier company will then contact you to arrange collection of the faulty goods.
    4. Faulty goods will be repaired or replaced at your option.
    5. You may return any non-defective goods within 30 (thirty) of delivery. All goods must be unused, complete and in their original packaging. We will validate the return and refund you if everything is in order within 14 (fourteen days).

  12. Breach

    1. Subject to any other provisions set out in these terms and conditions, should you be in breach of any provision of this Agreement, then Urbanpaws shall be entitled, without prejudice to any other rights that it may have and to the extent  required or permitted, as the case may be, by law, to forthwith:
      1. afford you a reasonable opportunity to remedy the breach, taking into account the nature of the breach in question; or
      2. suspend your access to the Service; or
      3. cancel all agreements concluded between us.

  13. Indemnity

    1. You hereby unconditionally and irrevocably indemnify Urbanpaws and agree to indemnify and hold Urbanpaws harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whensoever arising, suffered or incurred by Urbanpaws as a result of any claim instituted against Urbanpaws by a third party (other than you) as a result of (without limitation):
      1. your use of our Services other than as allowed or prescribed in the Agreement;
      2. any other cause whatsoever relating to the Agreement or the provision of Services to you where you have acted wrongfully or failed to act when you had a duty to so act.

  14. No representations, warranties or guarantees and Limitation of liability

    1. Save to the extent otherwise provided for in this Agreement or where you are entitled to rely on or receive, by operation of law, any representations, warranties or guarantees, we do not make or provide any express or implied representations, warranties or guarantees regarding the availability, accuracy, reliability, timeliness, quality or security of any product or service. 
    2. Without limiting the generality of the provisions of clause 12.2, Urbanpaws shall not be liable for and you will have no claim of whatsoever nature against Urbanpaws as a result of
      1. the loss of or access to any usernames and passwords which you are required to safeguard and not allow unauthorized access on the understanding that we will be entitled to assume that you are the person so using or gaining access to any service or account where your username and password is used; 
      2. any unavailability of, or interruption in the Service due to an Uncontrolled Event;
      3. any damage, loss, cost or claim which you may suffer or incur arising from any suspension or termination of the service/s for any reason contemplated in the Agreement.
      4. In addition to and without prejudice to any other limitations of liability provided for in the Agreement and to the fullest extent permitted by applicable law, Urbanpaws shall not be liable to you for any direct damages howsoever arising and neither party shall be liable to the other for any special, indirect, incidental, consequential or punitive damages arising out of or relating to this Agreement, whether resulting from negligence, breach or any other cause.  To the extent that a competent court or tribunal or other competent dispute resolution body or authority  finally determines, notwithstanding the exclusion contained in this clause, that Urbanpaws is liable to you for any damages, Urbanpaws’ liability to you for any damages howsoever arising shall be limited to the amounts paid by you under this Agreement in consideration for a service or product during the immediately preceding 12 (twelve) month period in respect of the service or product which gave rise to the liability in question.

  15. Cession and Delegation

    1. You may not sell, cede, assign, delegate or in any other way alienate or dispose of any or all of your rights and obligations under and in terms of this Agreement without the prior written approval of Urbanpaws. Urbanpaws shall be entitled to sell, cede, assign, delegate, alienate, dispose or transfer any or all of its rights and obligations under and in terms of this Agreement to any of its affiliates or to any third party without your consent and without notice to you provided that you are not unduly prejudiced as a result.  “Affiliates” for this purpose includes Urbanpaws’ holding company, the holding company(ies) of Urbanpaws’ holding company (collectively “its holding companies”), its subsidiaries, subsidiaries of its holding companies and any other companies which are directly or indirectly controlled by Urbanpaws or are under common control with Urbanpaws.

  16. Jurisdiction

    1. You hereby consent to the jurisdiction of the Magistrate's Court in the Republic of South Africa in respect of any proceedings that may be initiated by Urbanpaws arising out of this Agreement, provided that Urbanpaws shall be entitled, in its reasonable discretion, to institute such proceedings in the High Court of South Africa and, in such event, you consent to the jurisdiction of such court. The jurisdiction of the Small Claims Court is specifically excluded, as the parties agreed to follow the arbitration process set out in clause 5 above.

  17. Amendment of this agreement

    1. Urbanpaws reserves the right to amend this agreement from time to time. Any new version of the Agreement will be displayed on our Website together with the date on which it will become effective, which will never be less than 30 (thirty) days after the date on which it is first published. It is your obligation to visit our website on a regular basis in order to determine whether any amendments have been made.

  18. General

    1. The parties acknowledge and agree that this Agreement constitutes the whole of the agreement between them and that no other agreements, guarantees, undertakings or representations, either verbal or in writing, relating to the subject matter of this Agreement not incorporated in this Agreement shall be binding on the parties.  No variation or addition of this Agreement or the Application Form will be binding on any of the parties unless recorded in writing and signed by both parties.
    2. Urbanpaws is in terms of section 43 of the ECT Act required to make its contact details, its domicilia citandi et executandi and certain other information available to its Customers who enter into electronic transactions with Urbanpaws. This information is available on the website.
    3. You agree that any notices we send to you in terms of any agreement concluded between us may be sent via e-mail unless otherwise prescribed by law.
    4. No indulgence, leniency or extension of time which Urbanpaws may grant or show to you shall in any way prejudice Urbanpaws or preclude Urbanpaws from exercising any of its rights in the future.
    5. You warrant that as at the date of signature all the details furnished by you to Urbanpaws are true and correct and that you will notify Urbanpaws in the event of any change to such details.
    6. All our terms and conditions can be accessed, stored, and reproduced electronically by you.
    7. The physical address where Urbanpaws will receive legal service of documents/ domicilium citandi et executandi is the following:

Urbanpaws
Unit 1
Gardens Business Village
Incholm Place
Gardens
Cape Town
8001