Please read these Terms carefully before accessing or using the App or registering as a Member of the App. Your continued access to and use of this App shall constitute your acknowledgment and acceptance of these Terms.
Important clauses, which may limit Petworld’s responsibility or involve some risk for you, are reflected in bold. Some of these provisions have the effect of limiting your rights in law and conferring obligations on you by virtue of your agreement to these Terms. You agree to pay special attention to these clauses.
Nothing in these Terms is intended to or must be understood to unlawfully restrict, limit or avoid any rights or obligations.
These Terms form an agreement between you and us, so please make sure that you understand all of terms and conditions set out below. If you have any questions regarding our App, the App Services or these Terms please email email@example.com to contact us.
1.1 Please note that these Terms make use of a series of capitalised terms and phrases which have specific meanings in these Terms. These terms and phrases are listed below –
1.1.1 “App Services” means the services made available by Petworld to Members on the App from time to time including the ability for Members to view and access the Petworld Content, to upload, like, comment on, share and follow;
1.1.2 “Petworld” / “us” / “we” / “our” means Petworld and Vetworld E-Commerce(Pty) Ltd (Registration number: 2016/002491/07), a limited liability private company duly incorporated in accordance with the laws of South Africa (including our holding company, affiliates and subsidiaries);
1.1.3 “Petworld Content” means all materials, graphics, text, images, audio material, video material, audio-visual material that we post on the App;
1.1.4 “Content” means all materials, including photographs submitted, graphics, text, images, audio material, video material, audio-visual material that you submit on the App for storage or publication on, processing by, or transmission via the App but does not include Petworld Content;
1.1.5 “Infringing Content” means any Content uploaded on the App that (i) infringes applicable laws; or (ii) infringes any intellectual property rights; or (iii) includes any material which is obscene, indecent, pornographic, seditious, offensive, defamatory, racist, threatening, liable to incite hatred or racism, menacing, blasphemous, inaccurate or misleading, or otherwise deemed inappropriate by Petworld in its sole and absolute discretion;
1.1.6 “Member” / “you” / “your” means any person or legal entity who has downloaded the App and registered as a member of the App in accordance with these Terms and who is entitled to access and use the App Services;
2 CONTRACTUAL RELATIONSHIP
2.1 These Terms govern your use of the App and set out your rights and obligations in respect of the App and the App Services.
2.2 You warrant that you have the legal capacity to enter into these Terms. You also agree to fully indemnify Petworld for any breach of this clause.
2.3 Any access to or use of the App and the App Services is subject to these Terms at all times. Your access to and use of the App constitutes your acknowledgement that you have read and agreed to be bound by these Terms and a contractual relationship is accordingly established between you and Petworld. If you do not agree to these Terms, you are not authorised to access or use the App and the App Services. These Terms expressly supersede prior agreements or arrangements with you relating to the subject matter covered by these Terms.
2.4 Petworld may immediately terminate these Terms or a Member’s account, or generally cease offering or deny access to the App, the App Services or any portion thereof, at any time and for any reason, upon notice to you.
These Terms will remain in force and be binding on you until you terminate your use of the App and the App Services or until terminated in accordance with the provisions of these Terms.
4 USE OF THE APP
4.1 License to use the App
Subject to your compliance with these Terms, Petworld grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferable license to: (i) access and use the App on your personal device solely in connection with the App Services; and (ii) access and use any content, information and related materials that may be made available through the App, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Petworld and Petworld’s licensors.
4.2 Your License to use
4.2.1 We do not claim any ownership rights in your Content. You retain any rights that you may already have in your Content should you post your Content to the App, subject to the limited license you grant to us.
4.2.2 In the event you post any Content on, to or through the App, you grant Petworld a non-exclusive, fully-paid, royalty free, transferrable and worldwide license to moderate, use, modify, delete from, add to, publicly perform, publicly display, reproduce or distribute such Content including distributing part or all of your Content in any media formats and through any media channels and make use of the Content in our advertising campaigns.
4.2.3 The license you grant to Petworld means that –
22.214.171.124 you are free to license your Content to anyone else in addition to Petworld;
126.96.36.199 Petworld are not required to pay you for the use of the Content you post to the App;
188.8.131.52 Petworld may make commercial use of your Content;
184.108.40.206 Petworld are able to use our affiliates, sub-contractors and other partners such as Internet content delivery networks and wireless carriers to make the App Services available; and
220.127.116.11 the license extends to anywhere in the world because of the global nature of the Internet and the fact that our users can access the Content from anywhere in the world.
4.2.4 Because you can only lawfully license content you have certain rights in, you warrant that:
18.104.22.168 you own the Content you post to or through the App or otherwise have the right to grant the license set forth in this clause 4.2, and
22.214.171.124 posting your Content to or through the App does not infringe the privacy rights, publicity rights, intellectual property rights or copyright, contractual rights or any other rights of any person or entity.
4.2.5 You also agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any Content you post to the App.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the App or the App Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the App except as expressly permitted by Petworld; (iii) decompile, reverse engineer or disassemble the App except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the App; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the App or unduly burdening or hindering the operation and/or functionality of any aspect of the App; or (vi) attempt to gain unauthorised access to or impair any aspect of the App or their related systems or networks. Except where you have Petworld’s express written permission, the licence granted under clause 4.1 (License to use the App) above does not entitle you to (i) distribute, disassemble, adapt, translate, transmit, modify, copy, sell, sub-licence, lease, assign, share, publish, make available to any person or otherwise use the Petworld Content or any other content accessed via the App for any purpose, either directly or indirectly, in whole or in part, by any means whatsoever; and (ii) do, allow or permit anything which would infringe or otherwise prejudice the proprietary rights of Petworld, its licensors or any other person or entity.
The App, App Services and Petworld Content and all rights therein are and shall remain Petworld’s property or the property of Petworld’s licensors. Neither these Terms nor your access to and/or use of the App and/or App Services convey or grant to you any rights: (i) in or related to the App except for the limited license granted above; or (ii) to use or reference in any manner Petworld’s company names, logos, product and service names, trademarks or Petworld marks or those of Petworld’s licensors.
4.5.1 Registration as a Member is free and does not oblige you to purchase anything. To access or use the App Services, you must register as a Member via the App. You can either register through a third-party social media service (such as Facebook) (“Social Media Service”) or by completing the registration process prescribed by Petworld when you access the App.
4.5.4 You will be required to enter your email address/username and password each time you access the App Services (for the first time on any device). Upon acceptance of your registration, an email confirmation of your registration as a Member will be transmitted to you. Transmission times depend on your network carrier, but it typically takes less than 10 (ten) minutes to receive the email confirmation. If you do not receive the email confirmation, you should contact our offices, the details of which are contained under contact information.
4.6 App Services
4.6.1 Petworld makes the following App Services available to Members: (i) accessing, viewing, liking, commenting on and sharing Petworld Content; (ii) following Members, liking, commenting on or sharing posts by other Members.
4.6.2 The App and the App Services may only be used for lawful purposes in accordance with these Terms generally and clause 4.7 (Acceptable Use and Prohibited Content) below specifically. Without limiting our other rights, if you post any Content we deem inappropriate, we reserve the right to immediately remove such Content and suspend your access to the App Services.
4.6.3 Although we take steps to verify Petworld Content presented on or through the App, we do not warrant the accuracy or reliability of any Petworld Content, advice, opinion, statement, or other information contained in, displayed on, linked to or distributed through the App that we and/or other Members may publish to the App. You acknowledge that any reliance upon any such Petworld Content, opinion, advice, statement or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions on or relating to the App without notice to you. Information, ideas and opinions expressed on or through the App should not be regarded as professional advice or our official opinion and you are strongly advised to seek appropriate professional advice before acting on such information.
4.6.4 You acknowledge and agree that –
126.96.36.199 the publication of any posts is the duty of the Member which uploaded the post.
188.8.131.52 you are solely responsible for your interaction with other Members of the App, whether online or offline. You agree that Petworld are not responsible or liable for the conduct of any user. Petworld reserves the right, but has no obligation, to monitor or become involved in disputes between you and other Members;
184.108.40.206 you are required to exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information;
220.127.116.11 Petworld has not reviewed, and cannot review, all of the Content posted on the App, and cannot therefore be responsible for such Content, use or consequences thereof. By operating the App, Petworld does not represent or imply that it endorses the Content posted there, or that it believes such Content to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive Content. Although posting of any such Infringing Content is strictly prohibited by these Terms, you acknowledge that a Post may contain Content that is offensive, indecent, or otherwise objectionable, as well as Content containing technical inaccuracies, typographical mistakes, and other errors. The App may also contain Content that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated;
18.104.22.168 your use of the App is entirely at your own risk and the App is made available to you “as is”;
22.214.171.124 you are responsible for the Content you post and any consequences that flow from such post(s);
126.96.36.199 Petworld will not be liable for any errors or omissions in any Content or for any loss or damages incurred as a result of the use of any Content accessed through the App;
188.8.131.52 Petworld makes no guarantee, nor does it give warranty of any kind whatsoever (whether express or implied) in relation to your access to the App or any participation in any activities relating thereto; and
184.108.40.206 Except where caused by our gross negligence or wilful misconduct, Petworld shall not be liable for any loss or damage (whether direct, indirect, consequential, financial or otherwise) arising from your use of (or in connection with) the App.
220.127.116.11 Once a photo is uploaded, you cannot delete it after the competition is over, as this could produce adverse effects on the competition rankings.
4.7 Acceptable Use and Prohibited Content
4.7.1 In addition to any other provisions of these Terms relating to your use of the App in general, you agree not to do the following –
18.104.22.168 post any Infringing Content including Content (i) that is obscene or indecent; (ii) in contempt of any court, or in breach of any court order; (iii) that breaches racial or religious hatred or discrimination legislation; (iv) that depicts violence in an explicit, graphic or gratuitous manner; (v) that is pornographic or sexually explicit; (vi) that is inaccurate or misleading; (vii) that may be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or (viii) that may be invasive of another’s privacy or infringe the rights of any other person; or
22.214.171.124 impersonate or engage in activity or behaviour which Petworld, in its sole and absolute discretion, regards as objectionable and/or inappropriate.
4.7.2 Without limiting any other right of Petworld under these Terms, Petworld reserves the right (but not the obligation) to –
126.96.36.199 remove, edit, block, and/or monitor Content or Member accounts containing any Content that we determine in our sole discretion violates these Terms;
188.8.131.52 prohibit and/or ban the posting of Content by any Member at any time if such Member violates these Terms; and
184.108.40.206 force forfeiture of any username for any reason.
4.7.3 Petworld shall not be liable for any loss or damage arising from removal or failure to remove Content posted on the App.
4.7.4 You agree to adhere to generally acceptable Internet and e-mail etiquette. In this regard, without being limited to the examples listed below, you agree not to –
220.127.116.11 engage in any abuse of e-mail or spamming, including, without being limited to –
18.104.22.168.1 the posting or cross-posting of unsolicited Content with the same or substantially the same message to recipients that did not request to receive such messages; and
22.214.171.124.2 inviting people who you may be connected to using third party services (such as Social Media Services) to access the App where those people may not wish to receive such invitations or similar communications (in other words, make sure your contacts on other services are receptive to receiving invitations to joining us and accessing the App or other communications you send them from us);
126.96.36.199 engage in any activity intended to entice, solicit or otherwise recruit Members to join an organisation except where we expressly authorise such activities in writing;
188.8.131.52 take any action aimed at deceiving or misleading any person, attempt to impersonate or misrepresent your affiliation to any person or forge headers or otherwise manipulate identifiers in order to disguise the origin of anything posted or transmitted through the App;
184.108.40.206 use the App in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect including to make fraudulent offers to sell or buy products, items or services or to offer or solicit for any type of financial scam such as “pyramid schemes” and “chain letters”;
220.127.116.11 use the App in a manner that may infringe the intellectual property rights (for example copyright or trade marks) or other proprietary rights of others;
18.104.22.168 use the App to post anything which contains viruses or any other destructive features, regardless of whether or not damage is intended;
22.214.171.124 use the services to collect or attempt to collect personal information about third parties without their knowledge or express consent;
126.96.36.199 infringing the privacy of any person in any way including by sharing any person’s personal information without their express consent to do so;
188.8.131.52 attempting to gain unauthorised access to the App or any other network, including (without being limited to) through hacking, password mining or any other means; or
184.108.40.206 otherwise use the App to engage in any illegal or unlawful activity or in any way that breaches any applicable local, national or international law or regulation.
4.7.5 Should you engage in any one or more of the above practices, which shall be determined in our sole discretion (and which decision shall be final), then we shall be entitled, without prejudice to any other rights we may have, to –
220.127.116.11 without notice, suspend or terminate your access to the App;
18.104.22.168 hold you liable for any costs we incur as a result of your misconduct; and/or
4.9 Third Party Content and Dealings with Third Parties
4.9.1 The App may contain links to other sites. Petworld disclaims any liability for the accuracy of any information, data, opinions or advice contained in such sites and any access by you to such sites is entirely at your own risk.
4.9.3 Your interaction, correspondence or business dealings with third parties which are referred to or linked from or to the App is similarly entirely at your own risk and are solely between you and such third party including the acquisition, disposal, payment and delivery of any products (including Products), goods or services, and any terms, conditions, warranties or representations associated with such interaction, correspondence or business dealings.
4.10 Mobile Device and App Store requirements
4.10.1 You are responsible for ensuring that your device used to access the App is compatible for use with the App and you agree to use current, appropriate hardware, software and facilities for this purpose. Petworld does not warrant that the App will be compatible with nor that it will operate with every type of device and expressly disclaims any liability for you failing to access the App and/or the App Services as a result of or related to a device.
4.10.2 You must ensure that you download and use the latest version of the App. If you do not install the latest version of the App, the App may not function correctly or you may experience security and/or data flaws, for which Petworld will not be liable under any circumstances. If you download the App from any a mobile application store (“App Store”), you agree that you will comply with and be bound by any terms and conditions prescribed for the use of such App Store by any third party, in addition to these Terms. You acknowledge and agree that – (i) these Terms are entered into between us and you. However, since the App is made available through an App Store, the App Store is a third party beneficiary under these Terms and will also have the right to enforce these Terms against you; (ii) to the maximum extent permitted by law, the App Store does not give or enter into any warranty, condition or other term in relation to the App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the App or as a result of you or anyone else using the App or relying on any of its content; (iii) any claims relating to the license, possession or use of the App are between you and us (and not between you, or anyone else, and the App Store) including but not limited to product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement and claims under consumer protection legislation; and (iv) in the event of any claim by a third party that your possession or use (in accordance with these Terms) of the App infringes any intellectual property rights, the App Store will not be responsible or liable to you in relation to that claim.
5 NETWORK ACCESS AND DEVICES
You are responsible for obtaining the data network access necessary to use the App and access the App Services. Your mobile network’s data and messaging rates and fees may apply and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible software, hardware or devices necessary to access and use the App and any updates thereto. Petworld does not guarantee that the App, or any portion thereof, will function on any particular hardware or device. In addition, the App may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. Petworld hereby disclaims any liability for any delay in, the unavailability or inaccessibility of the App including where resulting from the hardware/device used to access the App and/or any third-party network.
6.2 In summary, through the App Services, personal information will be collected for the following purposes and using the following services:
6.2.1 Access to third party accounts
Facebook account access
Permissions: Birthday, Contact email, Current City and Email
Personal information: Cookies and usage data
6.2.3 Contacting the Member
Personal information: email address, telephone number, first name and last name
6.2.4 Mailing list or newsletter
Personal information: city, company name, telephone number, email address, first name and last name
6.2.5 Hosting and backend infrastructure
6.2.6 Infrastructure monitoring
6.2.7 Interaction with external social networks and platforms
Facebook Like button and social widgets and Pinterest “Pin it” button and social widgets
Personal information: cookies and usage data
6.2.8 Location-based interactions
Personal information: geographic position
6.2.9 Managing contacts and sending messages
Sendgrid and MailChimp
Personal information: email address
6.2.10 Platform services and hosting
6.2.11 Registration and authentication
6.2.12 Social features
Inviting and suggesting friends
Personal information: various types of personal data
6.2.13 Public profile
Personal information: address, city, company name, country, email address, first name, geographic position, last name, picture and username
6.3 You warrant that the personal information you submit to us in relation to the App and the App Services is accurate, current and complete. You will be denied access to the App should you breach this warranty or subsequently be found to have breached this warranty.
6.4 We may take steps to verify your personal information which you submit to us. You irrevocably consent to this verification process. You acknowledge and agree that your access to the App may be limited until such time as the verification process has been successfully completed.
6.5 Should you not agree to the verification process or withhold your consent as contemplated above, your access to the App, generally, may be suspended or terminated and you waive any claims you may have against us, our officers, directors, employees, servants, agents and/or contractors arising out of our denial of access to you to the App.
7 NON COMPLIANCE WITH THESE TERMS
7.1 Petworld may stop you from using the App to access the App Services if you breach a clause of these Terms and do not remedy it within 5 (five) days after we have asked you to. We may still take other steps available to us, including applying to court for an urgent interdict order against you.
7.2 Petworld or you may cancel these Terms by giving 30 (thirty) days’ prior written notice to the other, except that Petworld in its sole discretion may cancel these Terms without prior notice to you on reasonable grounds when deemed appropriate (for example, if we are required to do so by law). You agree that you will immediately uninstall the App on termination.
7.3 Every Member accepts that Petworld may, in its sole and absolute discretion, from time to time, amend, replace, withdraw or substitute the App Services or the terms and conditions relating thereto or any part thereof without incurring any liability whatsoever. Petworld shall give the Members notification of any such amendment, termination, withdrawal or substitution on the landing page of the App or through any other reasonable medium which Petworld may deem appropriate.
8 DISCLAIMER AND LIMITATION OF LIABILITY
Petworld makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the App and/or the App Services, or that the App and/or the App Services will be uninterrupted or error-free. You agree that the entire risk arising out of your use of the App and/or the App Services remains solely with you, to the maximum extent permitted under applicable law.
8.2 Limitation of Liability.
8.2.1 To the maximum extent permitted by applicable law, Petworld shall not be liable for any losses (including, without limitation, any direct, indirect, special, incidental or consequential damages, whether arising out of contract, statute or delict or otherwise and regardless of whether Petworld was advised of the possibility of such loss or damage) arising out of:
22.214.171.124 your use of or reliance on the App and/or the App Services or your inability to access or use the App and/or the App Services;
126.96.36.199 causes beyond Petworld’s reasonable control;
188.8.131.52 any damage that is suffered by a Member as a result of loss or theft;
184.108.40.206 any technical or other problem (interruption, malfunction, downtime or other failure) which affects the App and/or the App Services;
220.127.116.11 any personal information or other data which is directly or indirectly lost or damaged because of technical problems, power failures, unlawful acts (such as data theft), any harmful computer program or virus, or your own negligence; and
18.104.22.168 computer viruses or destructive codes on Petworld’s systems or third party systems or programming defects
8.2.2 To the maximum extent permitted by law, you hereby indemnify us, our affiliates and our respective directors, officers, employees, servants, agents and/or contractors and/or other persons for whom in law we may be liable (in whose favour this constitutes a stipulatio alteri or stipulation for another) from any loss, damage, damages, liability, claim or demand due to or arising out of your access to the App and/or the App Services or your breach of these Terms.
8.2.3 The disclaimers, limitations and indemnities in these Terms do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
9 CHANGES TO THESE TERMS
9.1 Petworld may amend these Terms from time to time. Amendments will be effective upon Petworld’s posting of such updated Terms on the App’s landing page. Your continued access or use of the App after such posting constitutes your consent to be bound by the Terms, as amended and/or supplemented.
9.2 Without limiting clause 9.1, you will be allowed to cancel these Terms in the event that you do not accept any material changes made by Petworld to these Terms, by giving 30 days’ written notice to Petworld at the address in clause 10.1.2 below. If you cancel these Terms or these Terms are terminated for any other reason, you must immediately uninstall the App and stop using the App Services.
10 OTHER PROVISIONS
10.1 Applicable law and jurisdiction
10.1.1 The laws of South Africa shall govern these Terms.
10.1.2 You consent to the jurisdiction of the South African courts in respect of disputes which may arise out of your access to the App and these Terms.
Petworld may give you notice under these Terms by means of a general notice on the App landing page, electronic mail to your email address, or by written communication sent to your address as set forth in your profile. You may give notice to Petworld by written communication to Petworld’s address at Cape Town, South Africa.
10.3.1 You may not assign or transfer these Terms in whole or in part without Petworld’s prior written approval. You give your approval to Petworld for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Petworld’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you and Petworld.
10.3.2 Any provision in these Terms which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto (as if it were not written) and severed from these Terms, without invalidating the remaining provisions of these Terms.
10.3.3 These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.
10.3.4 In these Terms, the words “including” and “include” mean “including, but not limited to.”
10.4 Rights infringement
10.4.1 If you are of the view that your rights have been infringed through the unlawful use of the App access by other App users or third parties, you may address a complaint to us by emailing firstname.lastname@example.org or calling us directly on 89 67870. Please include the following information in your complaint which may be of assistance in resolving the problem:
10.4.1.1 the full names and address of the complainant;
10.4.1.2 the written or electronic signature of the complainant;
10.4.1.3 identification of the right that has allegedly been infringed;
10.4.1.4 identification of the material or activity that is claimed to be the subject of unlawful activity;
10.4.1.5 the remedial action required to be taken by the service provider in respect of the complaint;
10.4.1.6 telephonic and electronic contact details, if any, of the complainant;
10.4.1.7 a statement that the complainant is acting in good faith;
10.4.1.8 a statement by the complainant that the information in the take-down notification is to his or her knowledge true and correct.
10.4.2 We will investigate the complaint on receipt of a complete and properly formulated complaint notice and will take appropriate action where necessary. Such action may include, but is not limited to, removing the offending content from the Website and/or appropriate action taken against the relevant user and/or third party.
10.5 Contact Petworld
If you have any complaints or queries regarding the App or these Terms, you can send an email to email@example.com or call us at 060 976 4498 during the business hours of 9:00 to 16:30 on business days.