Please read this terms and conditions agreement carefully before using the Paws Park website. By using pawspark.co.za, you confirm that you accept this Terms and Conditions Agreement and that you will comply with it. If you do not agree to this Terms and Conditions Agreement you must not use pawspark.co.za in any way. This Terms and Conditions Agreement is written in English.
1.1. This Terms and Conditions Agreement together with all documents referred to in it tell you the terms on which you may make use of our website and/or application and/or platform and/or services and/or participate in any way with pawspark.co.za including without limitation via www.pawspark.co.za and/or any Paws Park Midstream related website(s) and/or channel(s), via personal computer, mobile, web, wireless console, desktop and any other technology or device and/or any other applications (including for example Google Android and Apple iOS apps) and/or via third party sites or links (including without limitation social media sites) (collectively referred to as “our site”).
1.2. This Terms and Conditions Agreement applies to all users of our site. A “user” means anyone who uses our site. Use of our site includes accessing and/or browsing our site and/or registering to use pawspark.co.za.
1.3. Please note that your use of our site via third party media (including without limitation via mobile / tablet apps and/or via third party sites or links) and your use of any third party’s services in connection with our site (including without limitation YouTube, Facebook, Twitter), whether for purposes of accessing our site or otherwise, may be subject to separate terms and conditions as required and provided by the relevant third party(ies). You are responsible for reviewing these and you make use of any such third party media and/or services at your own risk.
We may not offer you a refund of any monies you have paid to us in any such circumstances. Please note that this does not limit other remedies which may be available to us.
3.1. Our site is operated by Paws Park Midstream (PTY) LTD (referred to as “we” or “us”).
3.2. Our site is made available for the purpose of selling and promoting of products and offering recommendations and recipes.
3.3. Our site operates as a hosting service in respect of any content, contribution or information uploaded, posted or otherwise.
5.1. We may update our site from time to time and may change its content at any time. However, please note that any of the content on our site may be out of date and/or inaccurate at any given time and we are under no obligation to update it.
6.1. Access to our site is made available free of charge.
6.2. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
6.3. You are responsible for making all arrangements necessary for you to have access to our site and for any associated costs (including without limitation charges by your service provider and/or credit card or other transaction fees).
7.1. You are not obliged to register to browse our site. You are however required to create an account to purchase from our website.
7.2. To register to use our site you will be asked to provide us with certain information (which may include without limitation your real name and email address). You must ensure that you provide all information requested and that all such information is, and remains, valid, accurate and up-to-date.
7.3. You must not provide any false personal information to us or on our site or create an account for anyone other than yourself without permission.
7.4. If we disable your account you must not create another account without our permission.
7.6. You should treat your username, password and any other piece of information arising as part of our security procedures as confidential.
7.7. You are solely responsible for maintaining the confidentiality and security of your username and password (and any other applicable information required as part of our security procedures) and you are responsible for all use of your account, username and password and any and all activity under your account.
7.8. If you know or suspect that anyone other than you knows your username or password or otherwise has access to your account you should promptly notify us at email@example.com and you should change your password at the earliest possible opportunity.
7.10. You undertake and agree that you will be solely responsible and liable with respect to any of the uses of the pawspark.co.za products or services which occur under your username and for any of your User Content (as defined in paragraph 10 of this Terms and Conditions Agreement) including without limitation for any consequences of using or publishing such User Content on or with respect to the pawspark.co.za products and services.
7.11. If any paid services are purchased via a user account, we will consider the owner of the applicable user account and/or User Content created to be the person or entity whose billing information was used to purchase such paid services. Notwithstanding the forgoing we shall have the right to determine the ownership of User Content and/or a user account as we choose in our sole discretion including without limitation by disregarding the indicators set forth above.
8.1 Any purchases made are to be approved and validated by on successful checkout and payment on the safe and secure payment gateway(s) as per the website.
8.2 Products purchased and signed for on delivery are to be considered as completion of an order and returning of goods for a claim of poor quality of product and or service are subject to the goods being returned unopened and in original packaging for health and safety reasons.
8.3 pawspark.co.za therefore has the right to not pay any claims for any mishandling and or incorrect procedure of looking after a product that is received in good condition.
9.1. We are the owner or the licensee of all intellectual property rights in our site and in the material published on it. This includes without limitation the trademarks described in paragraph 9 of this Terms and Conditions Agreement. We are the licensee of all content, contributions and information uploaded, posted or otherwise provided to or via our site by you or any user of our site in accordance with the licences set out at paragraph 11 of this Terms and Conditions Agreement.
9.2. All rights, title and interest in and to the pawspark.co.za services, including without limitation any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law including without limitation any artwork, graphics, images, literary work, source and object code, computer code (including without limitation html), applications, designs, animations, interfaces, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customised URLs, trademarks, service marks, trade names and other proprietary identifiers, whether registered and/or capable of being registered, and any derivations thereof, are owned by and/or licensed to us.
9.4. You may print off one copy and may download extracts of any webpage(s) from our site for your personal use and you may draw the attention of others to content posted on our site.
9.5. You must not modify any copies of materials you have printed off or downloaded in any way and you must not use any illustrations, photographs, video, audio or graphics separately from any accompanying text.
9.6. Our status (and that of any identified contributors) as the authors of applicable content on our site must always be acknowledged.
10.1. In the event that you sign up with pawspark.co.za and create a personalised account you may link to any public-facing page of your personalised account, provided you do so in a way that is fair and legal, is not obscene or defamatory and which does not bring into disrepute and/or have an adverse effect on and/or which is not derogatory or critical of pawspark.co.za and/or any other user and which does not damage or take advantage of the reputation of pawspark.co.za and/or any other user.
10.2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement where none exists.
10.3. We reserve the right to withdraw linking permission without notice.
10.4. The website or other channel in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy
If at any time we record a decline, chargeback or other rejection of a charge of any of the sums payable by you or any third party in accordance with the Fees (as applicable) related to your pawspark.co.za account this will be considered as a breach of your payment obligations here under and your use of the pawspark.co.za services may forthwith be disabled or terminated. We reserve our right to dispute any chargeback received, including without limitation by providing the relevant credit card company or financial institution with any information and documentation proving that the transaction was authorised by the applicable user. We further reserve all of our rights and remedies including without limitation the right to inform appropriate authorities and/or commence appropriate legal proceedings (whether against you and/or a third party) to recover any sums due.
Without limitation to anything contained herein, you are solely responsible for any eCommerce related activities and any promotions and related content contained or referred to in any User Content you create and compliance with any laws applicable thereto. We are not responsible in any way for any transactions or for your relationship with any eCommerce service providers or for the actions of any of such eCommerce service providers.
12.2 Payment options accepted – Payment may be made via Visa and MasterCard.
12.3 Card acquiring and security – Card transactions will be acquired for Paws Park Midstream (PTY) LTD via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
12.4 Customer details separate from card details – Customer details will be stored by Paws Park Midstream (PTY) LTD separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
12.5 Merchant Outlet country and transaction currency – The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
12.6 Responsibility – Paws Park Midstream (PTY) LTD takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
12.7 Country of domicile – This website is governed by the laws of South Africa and Paws Park Midstream (PTY) LTD chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
12.8 Variation – Paws Park Midstream (PTY) LTD may, in its sole discretion, change this agreement or any part thereof at any time without notice.
12.9 Company information – This website is run by Paws Park Midstream (PTY) LTD based in South Africa trading as Paws Park Midstream and with registration number 2020/643157/07.
13.1. Any content and/or information on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site, including without limitation in respect of any content, contribution or information uploaded, posted or otherwise provided to or via our site.
13.2. You understand that we do not provide any legal advice with respect to any laws or requirements applicable to the use of any pawspark.co.za products or services.
13.3. Although we may at our discretion make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
14.2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms, whether express or implied, which may apply to our site and/or any content on it and/or any participation in and/or any interaction with pawspark.co.za
14.3. We will not be liable to you, or any user, or any third party for any loss or damage, whether in contract, tort (including without limitation negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
14.4. You agree not to use our site and/or participate in and/or interact with for any commercial or business purposes other than to the extent consistent with pawspark.co.za products’ intended use and we have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity, or loss of career enhancement or opportunity.
14.5. You acknowledge and agree that our site is made available for the purpose of facilitating, operating, and promoting pawspark.co.za. You agree to use our site and/or interact with pawspark.co.za in accordance with this stated purpose.
14.6. We will not be liable to you for any virus, distributed denial-of-service attack, trojan, worm, logic bomb, malicious software or code, bug, glitch, error, delay, inaccuracy, or other content or material which is malicious or harmful or destructive, that may affect your technology, devices, applications, programs, data, User Content, or other material due to your use of our site or to your downloading of any content on it, or on any website or service linked to it.
14.7. We assume no responsibility for the content of websites or services linked on or to our site. We will not be liable for any loss or damage that may arise from your use of them.
14.8. By using our site and/or participating in and/or interacting with pawspark.co.za you irrevocably waive the right to assert any claim with respect to any of the foregoing against us or any of our subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
14.9. Without limitation to the foregoing, we will not be liable to you, or any other user, or any third party for any loss or damage arising out of or in connection with any form of so called “take down” initiated by and/or undertaken at the request of and/or direction of and/or with the cooperation of any so-called “Internet Service Provider” or “ISP”.
14.10. Without limitation to the foregoing, we will not be liable to you, or any other user, or any third party for any loss or damage arising out of or in connection with any issues related to any associated so-called “Internet Service Provider” or “ISP” and/or any associated so-called “server”.
14.11. Without limitation to the foregoing, you understand and acknowledge that we shall have the right, in our sole discretion, to “roll back” to an earlier version(s) of our site or any part thereof at any time and we will not be liable to you, or any other user, or any third party for any loss or damage arising out of or in connection with any such “roll back”.
15.1. The liability of placing an order is on the customer placing the order through whichever form of platform and/or technology. The processing of an order is started out once moneys have reflected in our account and therefore delivery time is then considered only once the payment is settled.
15.2. An order may be cancelled at least 1 day prior to scheduled delivery and therefore any cancellations after the mentioned time will be non-refundable and deemed to be a successful order.
15.3. Orders placed and paid in full will be scheduled for delivery and expected delivery time will be communicated.
15.4. pawspark.co.za is not liable to reimburse a customer for any delayed deliveries which may have been caused through any unforeseen circumstance(s) or valid reason(s).
16.1. You are responsible for configuring your information technology, computer programmes, software and platform in order to access our site and/or interact with pawspark.co.za. You should use your own virus protection software.
16.2. You must not misuse our site by knowingly introducing any virus, trojan, worm, logic bomb, time bomb, spyware, malicious software or code, file, program, bug, glitch, error, delay, inaccuracy, or other content or material which is (or is intended to be) malicious or harmful or destructive or invasive including without limitation that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment. You must not attempt to gain unauthorised access to our site, the server on which our site is stored, or any server, computer or database connected to our site and/or other user accounts and/or content. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision you would commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach your right to use our site will cease immediately.
16.3. You must not copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the pawspark.co.za website, the pawspark.co.za products or services (or any part thereof), any content offered by pawspark.co.za or third-party services for use and display within any pawspark.co.za application and/or any part thereof in any way or publicly display, perform, transmit or distribute any of the foregoing without our prior written and specific consent and/or as expressly permitted under the terms of service.
16.4. You must not use any “robot”, “spider” or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the pawspark.co.za services (or its data) or in any way reproduce or circumvent the navigational structure or presentation of any of the pawspark.co.za services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the pawspark.co.za services.
16.5. You must not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use pawspark.co.za or Paws Park Midstream marks and/or variations and misspellings thereof.
16.6. You must not reverse look-up, trace, or seek to trace another user of pawspark.co.za services, or otherwise interfere with or violate any other user’s right to privacy or other rights or harvest or collect personally identifiable information about visitors or users of the pawspark.co.za services without their express and informed consent.
16.7. You must not disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the pawspark.co.za services, the account of another user(s) or any other systems or networks connected to the pawspark.co.za services by hacking, password mining or other illegitimate or prohibited means.
16.8. You must not probe, scan, or test the vulnerability of the pawspark.co.za services or any network connected to the pawspark.co.za services.
16.9. You must not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of pawspark.co.za services or pawspark.co.za systems or networks connected to the pawspark.co.za services, or otherwise interfere with or disrupt the operation of any of the pawspark.co.za services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks.
Without all the above information we will be unable to take action in respect of your Copyright Notice. A Copyright Notice should only be submitted by the copyright owner or an agent authorised to act on the owner’s behalf.
17.2. Defamation Notices:
If you discover any material on our site which you believe refers to you, is untrue and is likely to damage your reputation you may send us a Defamation Notice by sending all the following information by email firstname.lastname@example.org
Without all the above information we will be unable to take action in respect of your Defamation Notice.
17.3. Other disputes:
If you have a complaint in relation to any other aspect of our site and/or any material on our site, you may contact email@example.com. Please provide as much information as possible in relation to your complaint, including your full legal name (first and last name), registered username (if any) and email address, a detailed description of your complaint and the specific location on our site giving rise to your complaint (if applicable).
17.5. You must not raise false complaints or make false claims. Misuse of any dispute resolution process may result in action as we deem appropriate in our absolute discretion which may include the suspension of your user account and/or legal consequences.
18.1. The views expressed on our site by users and/or any other third party do not represent our views or values.
18.7. Subject to any applicable law, all disputes between you and us shall only be resolved on an individual basis and you shall not have the right to bring any claim against us as a plaintiff or a member of a class, consolidated or representative action (or any other legal proceedings conducted by a group or by representatives on behalf of others).
18.8. You warrant to us that you are not a minor (i.e. that you are not under the age of eighteen (18) years old).
18.9. We may at our absolute discretion from time to time compensate (whether via financial payments or otherwise) certain users of our site in order to encourage and/or reward certain uses of our site and/or certain User Content.
For general enquiries, please contact: firstname.lastname@example.org
For help with technical issues, please contact: email@example.com