Terms & Conditions
Terms & Conditions
Your use of and access to this mobile application are subject to the terms and conditions set out hereunder. These terms and conditions are enforceable and binding upon you, the user, to the extent permitted by Section 11 of the Electronic Communications and Transactions Act No. 25 of 2002. Please read the terms and conditions carefully. Do not use, or continue to use, this mobile application unless you fully understand these terms and conditions and consider yourself lawfully bound thereby. These terms and conditions of use may periodically change without prior notice. Kindly ensure that you check them periodically as your use of this mobile application is subject to the terms and conditions applicable on the date of use. For easy reference, we record that these terms and conditions were last revised on 09 November 2005.
Welcome and thank you for using the online store of Patricio and Sons Supermarket (Middelburg Mall Superspar). This mobile application site is owned and operated by Mitss, Newcastle, Kwa-Zulu Natal, Republic of South Africa. This mobile application is hosted and managed in the Republic of South Africa for the exclusive purpose of providing users with convenient access to promotional, financial and other information relating to Middelburg Mall Superspar and products stocked or sold by Middelburg Mall Superspar (the ''Products''). We take reasonable precautions to provide accurate and current information about Middelburg Mall Superspar and its subsidiaries on this mobile application. However, the content of this mobile application is intended for general information purposes only and is not intended to serve as financial or any other form of advice. You should therefore not assume that the information provided is always complete, accurate or current. In particular, if you intend making an investment decision regarding Middelburg Mall Superspar or any of its subsidiaries, kindly consult your stockbroker, financial advisor or other professional advisor prior to making a decision.
We value the comments, ideas, suggestions and feedback (''comments) disclosed, submitted or offered by in respect of Middelburg Mall Superspar, any of its subsidiaries, the Products or this mobile application. Middelburg Mall Superspar shall, however, not be obliged to respond to, maintain or compensate you in any way whatsoever for any comments or its use thereof. Once disclosed, submitted or offered, your comments and any intellectual property rights attaching thereto shall become the exclusive property of Middelburg Mall Superspar. You undertake not to disclose, submit or offer any comments that will be, or will contain, any defamatory, unlawful, abusive or obscene material or which violate any right of any third party (including, without limitation, copyright, trademark, privacy or any other personal or proprietary rights).
The entire content of this mobile application (including, without limitation, all material, recipes, information, logos and other graphics) is protected by applicable national and international copyright and trademark legislation and treaties. In particular, Middelburg Mall Superspar is the lawful owner of the copyright in and to the content of the mobile application and of the displayed trademarks.
You are granted permission to view and print (in hard copy) portions of the mobile application for your personal use only. Any other use of any of the content on the mobile application including, without limitation, reproduction (other than for personal use), modification or distribution without the prior written consent of Middelburg Mall Superspar is strictly prohibited and constitutes an unlawful infringement of the intellectual property rights of Middelburg Mall Superspar.
Nothing contained on this mobile application should be construed as granting, by implication or otherwise, any license or right to use any of the trademarks displayed on this mobile application without the prior written consent of Middelburg Mall Superspar. Your use of any of the trademarks displayed on the mobile application or in any of its contents, is strictly prohibited. You may not copy, reproduce, publish, upload, post, transmit, distribute or modify any of the trademarks appearing on this mobile application. All rights not expressly granted are reserved.
Advertising and Links
External hyperlinks may be provided on the mobile application. You shall not interpret such hyperlinking as constituting any relationship between Middelburg Mall Superspar and any linked third party or any endorsement by Middelburg Mall Superspar of such third party. Use of, or reliance on, any information found using an external link is done at your own risk. Advertising and other promotional material may appear on the mobile application from time to time. You shall not interpret such advertising or promotional material as constituting any relationship between SPAR and any third party or any endorsement by Middelburg Mall Superspar of such third party. Use of, or reliance on, such advertising or promotional material is done at your own risk.
Exclusion of Liability and Indemnity
Use of this mobile application is done entirely at your own risk. The site and its contents are provided on an 'as is' and 'as available' basis and Middelburg Mall Superspar makes no representations or warranties of any kind, whether express or implied, including without limitation with respect to the mobile application, its contents and the completeness and accuracy thereof. Middelburg Mall Superspar does not warrant that the functions provided by the mobile application will be uninterrupted or error free, or that the mobile application or the server that makes it available are free from viruses or other harmful elements.
Neither Middelburg Mall Superspar, nor its directors, employees, officers, designees, agents, representatives, affiliates and suppliers shall be liable for any loss, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered as a result of, or which may be attributable, directly or indirectly, to the use of or reliance upon the mobile application(including any information contained thereon).
You hereby indemnify Middelburg Mall Superspar and keep it indemnified against any loss or damage suffered or liability incurred, including without limitation in respect of any claim or demand by any third party by reason of any act or omission on your part or that of any family member, agent or representative acting on your behalf in connection with the mobile application.
If any provision of these terms and conditions is unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable and shall not affect the validity and enforceability of any remaining terms and conditions.
These terms and conditions constitute the whole agreement between the user and Middelburg Mall Superspar relating to the use of this mobile application.
Any indulgence of extension of time granted by Middelburg Mall Superspar to you shall not be construed as a waiver or variation of any of its rights or remedies.
At the option of Middelburg Mall Superspar, any dispute arising out of these terms and conditions may be brought in any Magistrate's Court of competent jurisdiction notwithstanding that the amount in issue may exceed the jurisdiction of such court.
These terms and conditions are governed by the laws of the Republic of South Africa.