TERMS AND CONDITIONS FOR THE USE OF THE www.mrp.co.za WEBSITE
- IMPORTANT NOTICE: These Terms and Conditions set out the terms of the agreement between you
and us ("the Agreement") under which we will provide you with access to the information and
services we offer from time to time via the Mr Price website located at www.mrp.co.za ("the Website"). It is, therefore, very much in
your interests to read them carefully.
- If there is anything in this Agreement that you do not understand then please contact us as
soon as possible - see clause 11 below for contact details. Please note that calls to the
Customer Number are charged at national rates and may be monitored for training, security and
quality assurance purposes.
- Unless otherwise stated, the Website is provided to you by Mr Price Group Limited
(hereinafter referred to as "Mr Price"), a company registered in the Republic of South Africa
(Reg No: 1933/004418/06) having its registered office at Upper Level, North Concourse, 65
Masabalala Yengwa Avenue (formerly NMR Avenue), Durban, 4001. References to "we", "our" and
"us" are references to Mr Price.
SUPPLY OF GOODS AND/OR SERVICES IN TERMS OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS
ACT 25 OF 2002 ("The Act")
- Insofar as this Agreement falls within the ambit of the Act, the following information is
made available to you in respect of the supply of goods and/or services offered for sale, hire
or exchange by way of an electronic transaction:
- All our contact details are set out in clause 11 below.
- Goods and/or Services: The goods and/or services provided through the Website are various
services which enable you to give instructions to Mr Price in respect of your investment
- Complaints and Disputes: We invite you to file complaints with us via the "Contact Us"
service of the Website www.mrp.co.za or you can contact us
by way of the contact details set out in clause 11 below. We do not currently subscribe to any
alternative dispute resolution code or mechanism.
- Policies: Our policies are set out in this Agreement below. In terms of Section 42(2)(a) of
the Act, you acknowledge and agree that Section 44 of the Act will not apply to transactions
concluded by means of the Website.
USE OF THE WEBSITE
- 3.1. You agree to use the Website for lawful purposes only. Without derogating from the
generality of the aforegoing, if you should choose to access or use this Website from locations
other than the Republic of South Africa, you do so at your own initiative and you are
responsible for compliance with applicable local laws.
- You are prohibited from posting or transmitting, by means of reviews, comments,
suggestions, ideas, questions or other information through the Website, any content which is,
unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene,
sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable
content of any kind, which includes but is not limited to:
- any content that encourages conduct that would constitute a criminal offence or give rise
to civil liability, or otherwise violate any applicable local, provincial, national, or
international law; or
- any content that constitutes an invasion of privacy; or
- any content that is an infringement of any intellectual property right; or
- any content that contains software viruses; or
- any content that constitutes a political statement, commercial solicitation, or
- Although Mr Price does not purport to review (nor is it under any obligation to review) any
submitted content, it reserves the right to remove any content from the Website where it deems
such content, in its sole and absolute discretion, to be an infringement of Clause 3 or harmful
in anyway whatsoever. Should you place on or submit to the Website any such harmful content or
should you breach any clause in these Terms and Conditions, Mr Price may immediately terminate
and/or suspend your access to all or parts of the Website, without any further notice to
- You warrant that:
- you own or otherwise control all rights to any and all content that you may submit to the
- any use of such content will not cause injury or harm to any person or entity; and
- you will indemnify Mr Price and/or its affiliates, directors, officers and employees, for
any and all claims of whatever nature resulting from the submitted content.
- By submitting reviews, comments and/or any other content (other than your personal details)
to Mr Price for posting on the Website, you automatically grant Mr Price and its affiliates a
non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce,
publish, translate, sub-licence, copy and distribute such content in whole or in part
worldwide, and to incorporate it in other works in any form, media, or technology now known or
hereinafter developed for the full term of any copyright that may exist in such content.
Subject to this licence, you retain any and all rights that may exist in such content.
- The following activities on or through the Website are expressly prohibited:
- any non-personal or commercial use of any robot, spider, other automatic device or
technology, or manual process to monitor or copy portions of the Website or the content
contained thereon, without the prior written authority of Mr Price; and
- the collection or use of any listings, descriptions, and/or price lists from the Website
for the benefit of a competing merchant that supplies products comparable to those offered on
the Website; and
- any use or action that imposes an unreasonable or disproportionately-large load of traffic
on the Site, or otherwise interferes with the proper and timely functioning of the
- any attempt to gain unauthorised access to the Website or its related systems or
- accessing the Website for purposes of monitoring its availability, performance or
functionality, or for any other benchmarking or competitive purpose; and
- the reverse engineering or decompiling of the Website to: (i) build a competitive product
or service; (ii) build a product using similar ideas, features, functions or graphics of the
Service; (iii) copy any ideas, features, functions or graphics of the Website.
- You are responsible for maintaining the confidentiality and security of your User Name and
Password for access to the Website and you accept full liability for all activities that occur
on or related to the Website under your User Name. You may not:
- impersonate another User or any third party; and
- provide false information to gain access to the Website.
- Although reasonable steps have been taken to ensure the accuracy and completeness of the
contents, data and information on this Website, there may be instances where such information
proves inaccurate or incomplete. Before making any decision or taking any action which might
affect you or your business you should consult your own professional advisors, and take all
reasonable steps to ensure and verify the accuracy of the contents, data and information
obtained from this Website.
- Without limiting the generality of the aforegoing this Website could include technical,
typographical or other inaccuracies and you are urged to contact your own professional advisors
to confirm all information contained on this Website prior to placing reliance thereon. Changes
are periodically made to the information herein and these changes will be incorporated in new
editions of this Website.
NATIONAL CREDIT ACT 34 of 2005
- In terms of the National Credit Act ("the Act"): Please see our standard terms and
conditions relating to credit and the National Credit Act by clicking www.mrp.co.za .
IS INTELLECTUAL PROPERTY
- All content included on this Website, such as text, graphics, logos, buttons, icons,
images, photographs, audio clips, databases and software ("the Content"), is the property of Mr
Price or its content suppliers and is protected by South African and international copyright
laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all
content on this Website is the exclusive property of Mr Price and is protected by South Africa
and international copyright laws.
- Except as stated herein, none of the material may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any form or by any means,
including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise,
except as permitted by the fair use privilege under the South African copyright laws or without
the prior written permission of Mr Price or the copyright owner.
- You may not "mirror" any content contained on the Website on any other server unless with
the prior written permission of Mr Price.
- You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the
home page of the Website, provided that the link does not portray Mr Price, its affiliates, or
their products or services in a false, misleading, derogatory, or otherwise offensive manner.
You may not use any Mr Price logo or any other proprietary graphic or trademark whatsoever as
part of the link without the express written permission of Mr Price, its affiliates and/or
- All trademarks are and shall remain the exclusive property of Mr Price.
- The unauthorised submission, removal, modification or distribution of copyrighted or other
proprietary Content is illegal and could subject you to criminal prosecution as well as to
personal liability for damages.
LIMITATION OF LIABILITY
- Whilst every attempt is taken by Mr Price to ensure your security when making use of the
Website, due to the nature of the Internet we are unable to guarantee that any products and
services or any websites accessible via the Website are virus- or error-free. We therefore
caution you to check all emails, attachments and files before downloading them.
- We may provide links to other websites or resources. We are unable to accept, and do not
accept, responsibility for these websites or resources; nor have we endorsed their content,
products or services merely because they are accessible via the Website.
- While we make all reasonable efforts to ensure that all information provided by us in
connection with the Website is accurate at the time of its inclusion on the Website, you
acknowledge and understand that there may be errors, inaccuracies or omissions in respect of
which we exclude all liability. We make no representations, guarantees or warranties of any
nature whatsoever concerning the information included on our web pages (including, but not
limited to, links to third parties' web pages). You shall be solely responsible for any
decisions or actions you take based on the information contained on such web pages.
- Information provided by Mr Price does not constitute legal or professional advice and
should not be relied upon as such without taking independent advice.
- While we take all reasonable steps to safeguard the security of any information you input
or send to us in connection with the Mr Price Service, by using secure services and encryption
technology where we deem appropriate, we accept no responsibility or liability whatsoever for
any damages that you may suffer as a result of the breach of confidentiality of such
OUR LIABILITY TO YOU
- We shall not be liable to you in contract, delict (including for negligence) or otherwise:
- for any amount in respect of any damage or loss arising from the consequences of your use
of the Website, viruses received by you via the Website or of our failure to provide the
Website in accordance with this Agreement; or
- for any economic losses, any indirect, special or consequential loss, loss of data,
goodwill or reputation or any wasted expenditure including but not limited to losses caused by
your use of the Website or through any viruses.
- for any failure to perform our obligations or failure to perform our obligations properly
as a result of our being prevented from doing so by an event beyond our reasonable control
(which may include, without limitation, strikes; labour disputes; acts of God; war; riot; civil
action; malicious acts or damage; compliance with any law, governmental or regulatory order,
rule, regulation or direction; any act or omission of any government or other competent
authority; accident; equipment or services failure, including the unavailability of third party
telecommunications services, lines or other equipment; fire; flood or storm).
- Each provision of this clause 7 operates separately. If any part is held by a court to be
invalid, unreasonable or inapplicable then the other parts shall be severable and shall still
apply in their entirety.
CHANGES, SUSPENSION, AND TERMINATION
- We may alter and/or amend the Website at any time without giving notice to you.
- We may suspend or terminate the Website at any time without giving notice to you.
- Mr Price may terminate your account at any time for any reason, including any improper use
of this Website or your failure to comply with this Agreement.
- Such termination shall not affect any right to relief to which Mr Price may be
- Upon termination of this Agreement, all rights granted to you will terminate and revert to
- Mr Price may at any time modify the Terms and Conditions making up this Agreement and your
continued use of this Website will be conditioned upon the Terms and Conditions as amended and
in force at the time of your use.
- We accordingly advise you to read and take note of these Terms and Conditions each and
every time you visit the Website, as these may have been modified since your last visit.
of this Agreement. Mr Price takes your privacy seriously. We use the personal information that
- What we mean by personal information When we refer to personal information in this Policy,
we mean information that can identify you as an individual or is capable of identifying you. By
personal information we don't mean general, statistical, aggregated or anonymised
- Consent Your use of our services signifies your consent to us collecting and using personal
information about you as specified below, in accordance with this Policy.
- How we collect information about you
- You may provide personal information to us when communicating with us.
- You may order a product or a service and provide your name, e-mail address, delivery
address, credit or debit card number and expiry date so that the order can be processed and
your products (or services where appropriate) delivered to you. Sometimes, you may be asked for
your telephone number.
- When you call us, we may monitor or record your calls and store details of the phone
number(s) you use to make the calls. This information is used to better address your customer
- If you enter a competition or participate in a promotion, we will ask for your name,
address and e-mail address and any other relevant information about you.
- When you connect to the Internet using our services, we will collect your Calling Line
Identification Number (CLI).
- We will collect information concerning your tastes and preferences both when you tell us
what these are and through our analysis of customer traffic, including through the use of
cookies (as described below).
- It may be that you provide to us details of credit or debit cards or bank accounts in order
to make payments to us. Any such information ("confidential financial information") will be
used by us only for the specific purpose for which it was provided to us.
- How we use your information
- We may use your information to confirm that your orders have been received; to validate you
as a customer when using our services and calling our [help desk]; to prevent and detect
criminal activity, fraud and misuse of or damage to our services or networks; to prosecute
those responsible and to contact you to invite you to form part of our consumer panel or
various research groups.
- We may also use your personal information and process such information for the purposes of
management, research, analysis, corporate reporting, credit-scoring and improving business
- We may use personal information collected about you to contact you by post, telephone and
electronic mail (that is email, picture, video, and SMS) about functionality changes to our
Website, services or changes to our terms and conditions of use and to communicate with you
about your customer benefits and advise you regarding the use of our services.
- We may use the information collected about you to contact you by post or phone about new
customer offers and services. We may also contact you by electronic mail for these purposes,
subject to any preferences selected by you.
- Subject to your preferences in respect of each of our services, selected third parties may
use the personal information collected about you to contact you about information that you
might find interesting.
- How long do we keep your information for? The time periods for which we keep your
information may vary according to the use or purpose attached to the information. Unless there
is a specific legal requirement requiring us to keep your information, however, we will not
keep it for longer than necessary for the purpose for which the information was collected or
for which it is to be processed.
- Disclosing your information to third parties
- Mr Price reserves the right to access and disclose individual-identifying information to
comply with applicable laws, regulations and lawful government requests, to operate its systems
properly or to protect itself or its users or to solve any customer disputes.
- We may provide aggregate statistics about our sales, customers, traffic patterns and other
website information to third parties, but these statistics will not include any information
that could personally identify you.
- We may from time to time elect to make use of other companies to provide some of our
services, and our services will then be offered through third party service providers on our
Website. We may then share your personal information with these companies. These companies can
and will process this information and will be obliged to keep such information
- A cookie is a piece of information that is stored on your computer's hard drive by your web
browser. On revisiting our Website, our computer server will recognise the cookie, giving us
information about your visit.
- During the registration process We allocate cookies during the registration process for our
services. These cookies will hold information collected during your registration and will allow
us to recognise you as a customer and provide you with the services you require. If your
browser is set to reject cookies, you may not be able to register for Mr Price services. We may
also use this data to better understand your interests while online and to personalise your
visits to our Websites.
visitors to our Website. Our servers use two different types of cookies. The first type is
known as a 'session-based' cookie and is allocated to your computer only for the duration of
your visit to our Website. It helps you to move around the Website faster and, if you're a
registered customer, it allows us to give you information relevant to your selected Mr Price
service. This cookie automatically expires when you close down your browser. The second type of
cookie is known as a 'persistent' cookie. A persistent cookie will remain on your computer for
the period of time that has been set for each cookie. Persistent cookies are used for the
purposes of advertisements on our Website and to track whether these advertisements are clicked
on by users; to control how often you are shown a particular advertisement; to tailor content
to your preferences; to count the number of anonymous users of the Website and to provide
security within shopping baskets or transactions. The types of cookies used and the manner in
which the information generated by them is used will be governed by those advertisers' privacy
policies. We have no control over these.
- How can you refuse or opt out of cookies? Most browsers are set by default to accept
cookies automatically, but usually you can alter the settings of your browser to prevent
automatic acceptance and to prompt you every time a cookie is sent to you or to allow you to
choose not to receive cookies at all.
- How can you manage your privacy preferences? If you'd like us to stop processing your
information for marketing purposes, please write to Mr Price customer care at the address set
out in clause 11 below.
By accepting the terms and conditions when registering a shopping profile, the user also
gives permission to be subscribed to Mr Price's e-mail database. The user can change or manage
his/her newsletter subscription settings or unsubscribe from a newsletter by clicking on the
unsubscribe link that will be incorporated into the footer area of all promotional
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by the laws of the Republic of South Africa, and you
consent to the jurisdiction of the KwaZulu-Natal High Court in the event of any dispute arising
from this Agreement. If any of the provisions of this Agreement are found by a court of
competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the
maximum extent permissible so as to give effect to the intent of this Agreement, and the
remainder of the Agreement shall continue in full force and effect. This Agreement constitutes
the entire agreement between you and us with regard to the use of the Website.
In the event that you need to contact us for purposes related to this Agreement, please make
use of the following contact details:
Registered Address (and address for legal service):
Group Limited, 65 Masabalala Yengwa Avenue, Durban, RSA, 4001
Postal Address: P.O. Box 912, Durban, RSA, 4000