Phat Rabbit Design (Pty) Ltd (“Phat Rabbit”)
Company Registration: 2016/439963/07
TERMS OF USE AGREEMENT
Please read the following Terms of Use Agreement (“Agreement”) carefully before utilising the Phat Rabbit (“We”, “Us” or “Our”) The Pot and Planter website (“the Website”) accessible at www.thepotandplanter.co.za. The Website enables you to shop online for Pot and Plant Merchandise (“Goods”) as well as participate in official competitions and/or activities. Use of the Website indicates that you (“You” or “Your” or “the User”) have understood and agree to be bound by this Agreement. Phat Rabbit’s Privacy Policy is incorporated by reference into this Agreement and is subject to this Agreement. We may amend this Agreement at any time. All amended terms of this Agreement shall be effective automatically and immediately upon the posting of the revised Agreement and any subsequent activity in relation to the Website shall be governed by such amended terms and conditions of usage.
If You do not agree to the Terms of this Agreement, please do not use the Website.
This Agreement was last revised on 18 March 2021.
You are advised to regularly check the Website for any amendments or updates.
Enquiries: hello@thepotandplanter.co.za
1. Use of the Website
1.1. Your usage of the Website constitutes Your acceptance of this Agreement and Your resultant obligations towards Us, the owner of the Website. If You do not agree to the Terms, please do not use the Website.
1.2. By accessing or using the Website You represent that You have the legal authority to accept the Agreement on behalf of Yourself and any party You represent in connection with Your use of the Website.
1.3. You may not use the Website for any purpose that is unlawful or prohibited by this Agreement, any applicable amended terms and conditions, or any other conditions or notices that are made available on the Website. Unauthorised use of this Website may result in Us instituting a claim for damages against You and/or You may be found guilty of a statutory and/or criminal offence.
1.4. You may terminate this Agreement by ceasing use of the Website if You do not agree to the terms or any alteration thereto. Your continued use of the Website after amended terms and conditions are effective is evidence of the fact that You have read, understood and agreed to those terms and conditions.
1.5. We reserve the right to withdraw or amend the Website service without notice.
2. Acceptable Use
2.1. When using the Website, Users agree not to do any of the following:
2.1.1. Use the Website in any way, or to any effect, that breaches any law or regulation or that is fraudulent;
2.1.2. Use or transfer content on the Website that You do not have the right to use or transfer under intellectual property, confidentiality, privacy or other applicable laws;
2.1.3. Use or transfer unsolicited or unauthorised content, including advertising or promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unsolicited or unwelcome solicitation or advertising;
2.1.4. Use or transfer content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Website or servers or networks connected to the Website, or that infringes any requirements, procedures, policies or regulations of networks connected to the Website;
2.1.5. To gain or attempt to gain unauthorised access to any part of the Website. This includes the use of any malicious or damaging software (such as viruses, trojans and worms) in order to gain or attempt to gain unauthorised access to any part of the Website.
2.1.6. Transfer content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise in breach of Your obligations to any person or contrary to any applicable laws and regulations;
2.1.7. Intimidate or harass another;
2.1.8. Use or attempt to use another’s services or personal information;
2.1.9. Remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the Website;
2.1.10. Attempt to gain unauthorised access to the Website, computer systems or networks connected to the Website, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Website or any activities conducted through the Website;
2.1.11. Use any means to bypass measures We use to restrict access or use of the Website;
2.1.12. Impersonate another person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
2.1.13. Interfere with any other’s use and enjoyment of the Website.
If You breach these Terms, Your permission to use the Website terminates immediately.
3. Electronic Signature
3.1. You agree to be bound by any affirmation, assent, communication or agreement You transmit through the Website, including but not limited to any consent You give to receive communications from Us solely through electronic transmission. You agree that, when in the future You click on “I agree,” “I consent,” “Submit,” or other similarly worded “button” or entry field with Your mouse, keystroke or other computer device, Your agreement or consent will be legally binding and enforceable and the legal equivalent of Your handwritten signature.
4. User Accounts
4.1. Only registered users may order Goods on the Website.
4.2. To register as a user, you must provide a unique username or email address and password and provide certain information and personal details to Us. You will need to use Your unique username and password to access the Website in order to purchase Goods.
4.3. You agree and warrant that Your username and password shall:
4.3.1. be used for personal use only; and
4.3.2. not be disclosed by You to any third party.
4.4. For security purposes You agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
4.5. You bear full responsibility in protecting Your account, including Your account information, such as account passwords, account usernames and/or other important account information.
4.6. 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 Agreement.
4.7. You agree to notify Us 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.
4.8. 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.
4.9. You agree that You will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, You agree that You will not in any way use any robot, spider, other 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 authorised representative of Us (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
4.10. We reserve the right to terminate or suspend Your access to the Website immediately and without prior notice, for any reason whatsoever including (and without limitation to) if You breach any of the Agreement for use of the Website.
4.11. In the event that You elect to terminate Your account, or should You have any questions about this Agreement and/or any other enquiries, You may contact Us via the ‘Contact’ section on the Website.
5. Conclusion of sales and availability of stock
5.1. Registered users may place orders for Goods, which We may accept or reject. Whether or not we accept 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 Us for the Goods.
5.2. We 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 Us comes into effect (the “Sale”). This is regardless of any communication from Us stating that Your order or payment has been confirmed. We will indicate the rejection of Your order by cancelling it and, as soon as possible thereafter, refunding You for any amount already paid.
5.3. You may cancel an order at any time provided You do so before receiving a dispatch or delivery notice only in the instance that the Goods do not include a personalised item. In the event that the Goods do include a personalised item, You may not cancel Your order once payment has been made and the order has been processed. After delivery of the Goods, You may return the Goods only in accordance with the Refunds and Returns Policy.
5.4. 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 Us, We 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, We will notify You and you will be entitled to a refund of any amount already paid by You for such Goods.
5.5. Certain Goods may not be purchased for re-sale. Should We suspect that any such Goods are being purchased for sale, We are entitled to cancel your order immediately on notice to You.
6. Payment
6.1. All transactions will be processed in South African Rand (ZAR).
6.2. We reserve the right to change our prices without notice – this includes the price of the products as well as applicable shipping costs.
6.3. All online credit card payments are processed by the Payfast payment portal and users agree to uphold the terms and conditions of this gateway as set out by https://www.payfast.co.za/end-user-agreement.
6.4. PayFast uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the Website.
6.5. Your details will be stored by Us separately from card details which are entered by You on PayFast’s secure site.
6.6. We may also send you email communications about your order and payment.
6.7. By submitting your order and payment details, You warrant that you are authorised to make payment with the payment card and that there are sufficient funds available to pay for the order.
7. Delivery of goods
7.1. Where it accepts your order, We will deliver the Goods to you within 5 – 15 business days. (“Delivery Period”).
7.2. 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.
7.3. Our obligation to deliver the Goods to You is fulfilled when we deliver the Goods to the physical address nominated by You for delivery of the order. We are not responsible for any loss or unauthorised use of the Goods, after We have delivered the Goods to the physical address nominated by You.
7.4. Although reasonable care shall be taken, We cannot accept responsibility for incorrect delivery details that have been provided to Us, or if an unauthorised person at Your chosen delivery address accepts delivery of your order.
8. Errors
8.1. 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 Refunds and Returns Policy.
8.2. We shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.
9. Coupons
9.1. We may from time to time make physical or electronic promotional coupons (“Coupons”) available for use on the Website towards the purchase of Goods. Coupons can only be redeemed while they are valid and their expiry dates cannot be extended.
9.2. There are two types of Coupons; a Coupon with a fixed amount of a discount, e.g. R100 off (“Fixed Coupon“), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon“).
9.3. Coupons are issued in Our 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 unauthorised 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.
9.4. As a general rule, and unless specified otherwise on the specific Coupon itself:
9.4.1. each Coupon can only be used once;
9.4.2. only one Coupon can be used per order;
9.4.3. only one Coupon can be used on the Website per person per promotion/campaign;
9.4.4. Percentage Coupons may only be redeemed on purchases with a total cart value of less than R5,000;
9.4.5. a Coupon must be used at check-out – it cannot be used later on existing orders; and
9.4.6. 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.
9.5. Coupons cannot be used to buy other Coupons, and cannot be exchanged or refunded for cash or credit. We are not responsible for any harm due to the loss, unauthorised use or distribution of a Coupon.
9.6. If for any reason a Coupon does not reflect on the final amount due from You at check-out, You can contact us here to confirm if the Coupon is still valid. If We confirm 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.
9.7. You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by Us, before You are able to use a Coupon.
10. Disclaimer
10.1. 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.
10.2. Whilst We take reasonable measures to ensure that the content of the Website is accurate and complete, We make 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 Our representatives, We shall not be bound thereby.
10.3. We disclaim liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, 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.
10.4. 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.
10.5. Any views or statements made or expressed on the Website are not necessarily the views of Us, Our directors, employees and/or agents.
10.6. In addition to the disclaimers contained elsewhere in this Agreement, We also make 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 is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise 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 is able to corrupt, compromise, jeopardise, 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 Us, Our employees, agents or authorised representatives. We thus disclaim all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with Your access to or use of the Website.
10.7. The content on this Website is provided for general information purposes. You understand that We do not provide financial, legal or technical advice on or via the Website and that We make no representations about the reliability, and accuracy of the information, services or other content contained on the Website.
11. Warranties
11.1. Every effort is made to keep the Website up and running smoothly. However, We take no responsibility for, do not warrant and will not be liable for the Website being temporarily unavailable due to technical issues beyond Our control.
11.2. All information contained on the Website is provided by Us and/or Our partners, agents or representatives, without warranty of any kind, expressed or implied, including (but not limited to) any implied warranties that the functions or content contained on the Website will be uninterrupted or error-free, that errors will be corrected, or that Our servers are free of viruses or other harmful components. We do not warrant or make any representation regarding the use or the result of use of the content in terms of accuracy, reliability or otherwise.
12. Indemnities
12.1. You agree to defend, indemnify and hold Us, Our officers, directors, employees, agents and/or representatives, harmless from and against any claims, actions or demands, liabilities and settlements including (and without limitation to) reasonable legal fees, resulting from, or alleged to result from, Your use of the Website. We shall not be responsible or liable whatsoever in any manner for any content posted on the Website (including claims of infringement relating to content posted on the Website for Your use, or for the conduct of third parties whether on the Website or otherwise relating to the Website).
13. Intellectual Property
13.1. We are the owner or the licensee of all intellectual property rights in our site, and in the content published on it, including copyright, design rights, database rights, trade marks, patents, inventions, knowhow, source codes and any other intellectual property rights in any of the foregoing.s. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
13.2. The Nerf and Summer of Nerf logos, including any of those associated therewith, displayed are subject to copyright protection. The text, images, graphics, and their arrangement on the Website are all subject to copyright and other intellectual property protection. These objects may not be copied for commercial use or distribution (unless otherwise indicated), nor may these objects be modified or reposted to other websites without written consent.
13.3. The Website may contain further text, images, graphics, that are subject to the copyright of third parties and You agree not to use such materials in a manner that violates the rights of such third parties.
13.4. You may not (and may not authorise another party to): frame or otherwise co-brand the Website (for example, by displaying a name, logo, trademark or other means of attribution) in a manner that is reasonably likely to give a user the impression that You or a third party has the right to display, publish or distribute the Website.
13.5. No license to Our intellectual property or the intellectual property of third parties has been granted to You unless otherwise indicated.
13.6. You may view, download and print content from the Website for information purposes only.
13.7. You may not modify the paper or digital copies of any materials You have printed or downloaded from the Website.
13.8. You may not use any part of materials on this Website for commercial purposes without obtaining a license from Us or our licensors to do so.
14. Links
14.1. This Website may include links to other websites. These links are provided for Your convenience for the purposes of providing further information to You. Such links do not signify that We endorse the website(s) linked to this Website. You agree that We shall have no responsibility or bear no liability in relation to the content of the linked website(s). Content hosted on third party websites is the responsibility of those websites, and not of Us.
14.2. You may not create a link to the Our Website from another website or document without prior written consent from Us. We reserve the right to withdraw linking permission without notice. The website from which the link originates must comply with the content standards set out in ‘Acceptable Use’ above.
15. Jurisdiction
15.1. These Terms and any dispute relating to these Terms will be construed and interpreted in accordance with the laws of the Republic of South Africa and You hereby consent to the exclusive jurisdiction of the South African courts.
15.2. The Website is controlled and offered by Us from its facilities in South Africa. We make no representations that the Website is suitable or available for use in other countries. If You are accessing or using this Website from other countries or jurisdictions, You do so at Your own risk and You are responsible for compliance with local law.
16. Amendments to the Agreement
16.1. Phat Rabbit may change this Agreement at any time by posting the amended Agreement on the Website. All amended terms and conditions are immediately and automatically effective after they are posted onto the Website. Use of the Website shall be governed by such amended Agreement. You are advised to regularly check this Agreement for any amendments.
16.2. Amended Agreements shall apply to any disputes that arise after the posting of such terms on the Website.
16.3. You can easily view when this Agreement was last revised by checking the date as set out above.
17. Notices
17.1. We hereby select 4 whistlers Gate, Cedar Lkaes Estate, 2191, as its address for the service of all formal notices and legal processes in connection with this Agreement (“legal address”). We may change this address from time to time by updating this Agreement.
17.2. You hereby select the delivery address specified with Your order as your legal address, but You may change it to any other physical address by giving Us not less than 7 days’ notice in writing.
17.3. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –
17.3.1. by hand will be deemed to have been received on the date of delivery;
17.3.2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
17.3.3. by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
17.3.4. 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.
18. Waiver
18.1. Any failure by Us to exercise or enforce any part of this Agreement shall not be construed as a waiver of such right to exercise or enforce any part of this Agreement.
19. Severability
19.1. If any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect.
20. General
20.1. You may not cede, assign or otherwise transfer your rights and obligations in terms of this Agreement to any third party.
20.2. No variation, addition, deletion, or agreed cancellation of the Agreement will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
20.3. 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.
20.4. This Agreement contains the whole agreement between You and Us and no other warranty or undertaking is valid, unless contained in this document between the parties.
21. Privacy Policy
21.1. We are entrusted with responsibly handling, storing and processing the information and data that it collects through the Website and agrees to use Your personal information in accordance with the Privacy Policy and the terms set out herein. By using the Website, You consent to such use, storage and processing.
21.2. In the event that You elect to submit personal information, such information will be handled in accordance with the laws pertaining to the handling of personal information in South Africa.
21.3. If We are required to provide a third party with Your personal information (whether by subpoena or otherwise), then We will use reasonable means to notify You promptly of that event (on condition that We have collected and retained an email address for You) unless such notification is prohibited by law or We are otherwise advised not to notify You by legal counsel.
The following table contains further information on Us and represents the information that must be provided by Us to You in compliance with Section 43 of the Electronic Communications and Transactions Act 25 of 2002. You are advised to regularly check this section of the Agreement for any amendments or updates.
| Full Name | Phat Rabbit Design (Pty) ltd |
| Legal Status | Private Company |
| Company Registration Number | 2016/439963/07 |
| Directors | G. De Gouveia & H. Elmira |
| Physical Address | 4 Whistlers Gate, Cedar Lakes Estate, Fourways, 2191 |
| Postal Address | 4 Whistlers Gate, Cedar Lakes Estate, Fourways, 2191 |
| Physical Address for receipt of legal documents | 4 Whistlers Gate, Cedar Lakes Estate, Fourways, 2191 |
| Telephone Number | 072 767 2114 |
| E-mail address | hello@thepotandplanter.co.za |
| Website Address | www.thepotandplanter.co.za |
| Description of products and/or services offered | Online Retail Store |
| Full price of products and/or services offered | As per website, www.thepotandplanter.co.za |
| Manner of payment for products and/or services offered | Online Credit Card Payment |
| Manner and period within which consumers can access and maintain a full record of applicable transactions | Eail request – 2 years |
| Return, Exchange and Refund Policy | As per policies on thepotandplanter.co.za |