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Pick n Pay ASAP! TERMS & CONDITIONS

1. INTRODUCTION

1.1. The Pick n Pay asap! App, owned and managed by Pick n Pay, is a technology platform that enables users (Users/You/Your or Yourself) to shop for a wide range of goods including: groceries, alcohol, and other related products (“Goods”) sold and delivered by Pick n Pay (together, referred to as the “Services”).

1.2. These terms and conditions (“Terms”) govern the Services, and the use of the App and Website.

1.3. The Services are made available solely for your personal and/or commercial use.

1.4. The Services are not available for persons under the age of 18.

NOTE: Please read these terms carefully. If You have any queries, please contact Us by email at asapsupport@pnp.co.za or
contact the Pick n Pay Customer Careline (0860 30 30 30).

2. TERMS OF USE

2.1. Acceptance of Terms

2.1.1. These Terms govern the use of the App and Website, the purchase of Goods and Services, and any information, text, graphics, photos and other materials uploaded, downloaded or appearing on the App and/ or the Website (collectively referred to as “Content”).

2.1.2. By downloading and using the App and/or accessing the Website You agree to these Terms (which You are deemed to have read and understood) which are a binding and enforceable agreement between You and Pick n Pay asap!. If You do not agree to these Terms, do not download or use the App and/or the Website.

2.1.3. These Terms expressly supersede prior agreements or arrangements with You. We may immediately terminate these Terms or any Services with respect to You, or generally cease offering or deny access to the App and/or the Website, at any time for any reason.

2.1.4. We may, in Our sole discretion, amend the Terms from time to time. Amendments will be effective upon Pick n Pay asap! posting such updated Terms on the App or Website. Your continued access to or use of the App or Website and the Services after such posting will be deemed to be Your consent to be bound by the Terms, as amended. It is Your responsibility to familiarise Yourself with these Terms and check them regularly for updates to ensure You understand the amendments or updates to the Terms that apply to Your use of the App and Services. If You do not agree to the amended or updated Terms, You must stop using the Services and delete Your account on the App or the Website as the case may be.

2.2. Consumer Protection Act - Important Notice

2.2.1. These Terms apply to Users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

2.2.2. Accordingly, Terms which may:

2.2.2.1. limit the risk and liability of Pick n Pay asap! or a third party;

2.2.2.2. create a risk of liability for the User;

2.2.2.3. compel the User to indemnify Pick n Pay asap! or a third party, or

2.2.2.4. serve as an acknowledgment of fact by the User, are indicated in bold text and Your attention is drawn specifically to such terms. These terms are important and should be read carefully and the User should ensure that he/she fully understands what they mean.

2.2.3. If there is any provision in these Terms that You do not understand, it is Your responsibility to ask Pick n Pay asap! to explain it to You before You accept the Terms or continue using the App and/or Website. If you have any queries / concerns regarding these Terms, email asapsupport@pnp.co.za.

2.2.4. Nothing in these Terms is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either You or Pick n Pay asap! in terms of the CPA.

2.3. Privacy

2.3.1. Our collection and use of Your personal information in connection with the Pick n Pay asap!, Website and Services is set out in Our Privacy Policy located at https://bottlesapp.co.za/policies/privacy-policy as well as our wider Pick n Pay privacy statement on our Website, www.pnp.co.za.

2.3.2. When You sign up for the Service you have the option to consent to receiving communications from Us electronically in accordance with Our privacy statement. In the event that You would like to amend these preferences, please do so via your online profile of by contacting our Customer Careline (0860 30 30 30.).

2.4. Content of the Pick n Pay asap! and the Website

2.4.1. While We make every effort to update the information provided on the Pick n Pay asap! and the Website on a regular basis, We make no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of any information, data and/or Content on the App or Website from time to time.

2.4.2. Pick n Pay reserves the right at any time to change or discontinue without notice, any aspect or feature of the App or the Website and any Service, information, data and/or Content on the App or the Website.

2.5. Use of the Pick n Pay asap! and Website and Indemnification

2.5.1. By accessing the Pick n Pay asap! and Website and using the Services, You warrant and represent to Pick n Pay asap! that You are over 18 years of age and legally entitled to do so and have the requisite capacity to conclude legally binding transactions with Pick n Pay.

2.5.2. You further warrant that You will not use the Pick n Pay asap! or Website, the Service/s, Content or any information made available/sent to You by Pick n Pay asap! pursuant to Your use of the App or Website for any purpose that is unlawful or prohibited under South African or international law or is in contravention of the Terms.

2.5.3. You hereby indemnify Pick n Pay asap! against any loss, liability, damage or expense of whatever nature which Pick n Pay or any third party may suffer which is caused by or attributable to, whether directly or indirectly, a breach by You of any of the warranties in this clause.

2.5.4. You understand and agree that Pick n Pay asap! does not review, or purport to review, any submitted Content and it reserves the right to remove any Content from the App or Website that it deems in its sole discretion to be harmful in any way. Pick n Pay asap! reserves the right to suspend or terminate Your access to all or parts of App or Website, without any further notice to You.

2.6. Security of Pick n Pay asap! and Website

2.6.1. We will take all reasonable technical and organisational measures to protect any information transmitted over the Pick n Pay asap! or shared over the Website.

2.6.2. We do not guarantee the security of any information transmitted online to Us and You accept the risk of providing information on the Pick n Pay asap! or through the Website.

2.7. Copyright and Intellectual Property

2.7.1. Copyright and all intellectual property rights in all Content and any designated dashboard and in Our communications with You, including copyright, trademarks (both names and logos) and registered domain names (altogether , hereinafter referred to as “Intellectual Property”)are owned by Pick n Pay asap!, alternatively Pick n Pay asap! is the lawful user thereof, and is protected by both South African and international intellectual property laws

2.7.2. Pick n Pay asap! and Our licensors retain all rights in and to the Intellectual Property.

2.7.3. Accordingly, any unauthorised use, copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such Intellectual Property rights; save that You may use the Content or any component thereof for Your own individual non-commercial purposes for the purposes of purchasing Service/s from Pick n Pay asap!.

2.7.4. The trademarks, names, logos and service marks displayed on the App or Website whether registered or unregistered (collectively "Trademarks") are Trademarks owned by Pick n Pay asap!. Nothing contained on the App or Website should be construed as granting any license or right to use any Trademark.

2.8. External Links

2.8.1. External links may be provided in the Pick n Pay asap! or Website for Your convenience, but they are beyond the control of Pick n Pay asap! and no representation is made as to their content.

2.8.2. Use or reliance on any external links provided is at Your own risk.

2.8.3. These Terms do not apply to those external links and We are not responsible for the practices and/or privacy policies of those external links or the “cookies” that those sites may use.

2.8.4. Notwithstanding the fact that the App or Website may refer to or provide links to third party sites, Your use of such external links is entirely at Your own risk and We are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from Your use of such external links or Your reliance on any information contained thereon.

2.9. Further Restrictions

2.9.1. You may not, in respect of the Pick n Pay asap!, Website or Services:

2.9.1.1. remove any copyright, Trademark or other proprietary notices from any portion thereof;

2.9.1.2. reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Us;

2.9.1.3. decompile, reverse engineer or disassemble any part thereof except as may be permitted by applicable law

2.9.1.4. link to, mirror or frame any portion of thereof;

2.9.1.5. cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion thereof or unduly burdening or hindering the operation and/or functionality of any aspect thereof;

2.9.1.6. attempt to gain unauthorised access to or impair any aspect thereof or in respect of related systems or networks; or

2.9.1.7. use any technology to search and /or gain information therefrom without Pick n Pay asap! prior written consent.

2.9.2. You may not use the App or Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

2.9.3. You may not in any way display, publish, copy, print, post or otherwise use the App, Website and/or the information contained therein without the express prior written consent of an authorised Pick n Pay asap! representative.

2.9.4. 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 App or 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 App or Website or the information contained herein, without the prior written consent from an authorised Pick n Pay asap! representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).

2.10. Network Access and Devices

2.10.1. You are responsible for obtaining the data network access necessary to use the Pick n Pay asap!, Website or Services.

2.10.2. Your mobile network’s data and messaging rates and fees may apply if You access or use the App or Website from a wireless-enabled device and You shall be responsible for such rates and fees.

2.10.3. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the App or Website and any updates thereto. Pick n Pay asap! does not guarantee that the App, Website or Services, or any portion thereof, will function on any particular hardware or devices.

2.10.4. The App, Website and Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications which We cannot take responsibility for.

3. PURCHASE OF GOODS

3.1. Registration

3.1.1. To purchase Goods and use the Services You must register to use the Pick n Pay asap! and maintain an active personal user account (“Account”).

3.1.2. You must be at least 18 years of age to obtain an Account. By using the Pick n Pay asap! or Website You warrant that You are 18 (eighteen) years of age or older and of full legal capacity.

3.1.3. To register as a User, You must provide a unique username and password and provide certain personal information to Us. You will need to use your unique username and password to access the App in order to purchase Goods

3.1.4. 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 for Goods, save where the order is cancelled by You in accordance with these Terms.

3.1.5. When You register and create an Account, You will be required to provide Us with credit and/or debit card and/ or other form of payment information (Payment Information) which We use for payment once You place an order which is accepted. While We ensure the security of the Payment Information provided to Us, please be aware that should a person gain access to Your Username and Password such person may then place an order using Your Payment Information. We cannot be held responsible and You indemnify Us in this regard, should an unauthorised person obtain Your username and Password to use the Services.

3.1.6. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. We accept no liability for any Loss suffered or incurred from the unauthorised use of Your personal information, username or password.

3.1.7. You agree that You will use Your username and password for Your personal use only and will not disclose it to any third party. If You do not use the correct username and password You will not be able to access the Pick n Pay asap! or use the Services.

3.1.8. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in Your inability to access and use the Services or Our termination of these Terms with You

3.1.9. Unless otherwise permitted by Us in writing, You may only possess one Account.

3.1.10. On receipt of Your registration of an Account, Pick n Pay asap!, will take such steps, as in its sole discretion it deems necessary, to evaluate Your Registration to verify whether, in completing the registration, You have provided Pick n Pay asap! with complete and accurate information about Yourself and Your Payment Information for payment and You hereby agree to Us performing such verification.

3.1.11. You agree to notify Pick n Pay asap! 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 by contacting Us on asapsupport@pnp.co.za .

3.1.12. By creating an Account, You agree that We may send You:

3.1.12.1. Push notifications which You agree to when downloading the App. You may turn these on or off from Your mobile phone settings. You acknowledge that turning off push notifications may impact Your use of the Services.

3.1.12.2. text (SMS) messages as part of the normal business operation of Your use of the Services. You may opt-out of receiving text (SMS) messages from Us by following the directions in the SMS You acknowledge that opting out of receiving text (SMS) messages may impact Your use of the Services.

3.2. Sale, Confirmation of Orders and Conclusion of the Transaction

3.2.1. Registered Users may place orders for Goods, which the Partner Retailer may accept or reject. Whether or not the Partner Retailer accepts 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 Pick n Pay asap! for the Goods.

3.2.2. You must place Your order by indicating which Goods You wish to add to Your basket before proceeding to check out.

3.2.3. Placing Goods in Your basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the basket if stock is no longer available or the price thereof might change without notice to You. You cannot hold Us or the Partner Retailer liable if such Goods are not available or are not available at the particular price when You complete or attempt to complete the purchase cycle at a later stage.

3.2.4. Once You receive Your order number on the Order-In progress screen this will be Your order confirmation (“Order Confirmation”) and Your offer to purchase the Goods referred to therein will be deemed to be accepted, at the purchase price referred to therein and on these Terms.

3.2.5. The advertising of Goods via the App or Website merely constitutes an invitation by Pick n Pay asap! for You to make an offer to purchase from the Partner Retailer. Pick n Pay asap! reserves the right not to accept Your order for any reason whatsoever.

3.2.6.Should Pick n Pay asap! and the Partner Retailer accept your order, We will, as soon as is reasonably possible thereafter, send You an Push Notification, using the contact information You provided in the Registration and we will display on Your device’s screen Our “order in progress“ screen, which will carry the order number as well as all the information required to track Your order. You hereby confirm and agree that the transaction between Yourself and the Partner Retailer will be deemed to have been concluded at the place where and the time when Pick n Pay asap! transmits the Order Confirmation to You.

3.2.7. Prior to delivery of the Goods, You may cancel an order at any time provided You do so before receiving a dispatch or delivery notice. After delivery of the Goods, You may return the Goods only in accordance with the Returns Policy.

3.3. Pricing

3.3.1. You will be charged the prices that are reflected on the App, subject to availability.

3.3.2. The prices include Value-Added Tax.

3.3.3. Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations.

3.3.4. Prices may vary depending on the area and the Partner Retailer you are ordering from at each specific time.

3.3.5. Prices may change on a daily basis.

3.4. Payment

3.4.1. Once You have completed the registration process, Your Payment information will be stored at Our third-party payment processing provider using a secure tokenisation process to implement recurring and one click payments

3.4.2. We are committed to providing secure online payment facilities. All transactions are encrypted & tokenised using appropriate encryption technology

3.4.3. Pick n Pay asap! accepts payment via Visa and MasterCard.. No cash payment is accepted on delivery.

3.4.4. You may pay for Your in-App purchases by means of:

3.4.4.1. Debit card;

3.4.4.2. Credit card: where payment is made by credit card, We may require additional information in order to authorise and/or verify the validity of payment. In such cases We are entitled to withhold delivery until such time as the additional information is received by Us and authorisation is obtained by Us for the amounts. If We do not receive authorisation Your order for the Goods will be cancelled.

3.4.5. By submitting Your order, identity number and payment card details You warrant that you are fully authorised to use Your chosen payment method and that We will not be liable for any incorrect details given by You to Us. You also warrant that You have sufficient available funds to cover all costs incurred as a result of Your purchases on the App and any costs associated with collecting payments.

3.4.6. Please note that all payments are effected through a third party payment processor, to whom all Your personal details and card details are furnished. By giving us Your banking information, You are consenting to such third party having access thereto and use thereof in order to process the payment.

3.4.7. In the event of a failed payment, Pick n Pay asap! holds the right to withhold delivery until payment has been made via an alternative payment option.

3.5. Delivery

 

3.5.1. Delivery of the Goods is undertaken by Delivery Agents on behalf of the Partner Retailer.

3.5.2. Best endeavour will be used to deliver the Goods within approximately 60 minutes to the address supplied by You in Your Account, however delivery within 60 minutes is not guaranteed and You will not have any claim against Us or the Partner Retailer or the Delivery Agent if the delivery is delayed

3.5.3. You may be asked to sign a duplicate copy of the delivery note to confirm receipt of the Goods.

3.5.4. For verification purposes, the person accepting delivery at the delivery address will be required to produce a form of identification. Any person other than Yourself who receives the Goods at the delivery address is presumed to be authorised to accept delivery on Your behalf and You hereby indemnify Us accordingly. Only You or Your duly appointed representative may receive the Goods.

3.5.5. If there is no individual who is 18 years of age or older or cannot provide valid identification showing that he or she is 18 years of age or older, the delivery driver (the “Courier”) will not complete delivery of the Goods. Additionally, if the Courier is unable to contact You at the specified delivery address for 10 or more minutes, all Goods will be removed from the order and returned to the Partner Retailer. Pick n Pay ASAP! retains the right to charge a delivery fee and a restocking fee in this instance, implemented at Our discretion.

3.5.6. The obligation to deliver Goods to You is fulfilled when the delivery of the Goods is made to the physical address nominated by You for delivery in Your Account. Pick n Pay asap! is not responsible for any loss or unauthorised use of the Goods, after they have been delivered to such address.

3.5.7. A delivery fee and a service fee will be charged for each order You place which will be included in the check-out total.

3.5.8. We have outsourced all delivery and collection arrangements to third party service providers. Accordingly, We cannot, to the extent permitted by law, be liable for any loss or delay caused by them. Our liability for any delay in delivery is limited to re-delivery at a later agreed time at no additional charge.

3.6. Age Restriction

3.6.1. The Goods are not available for purchase by persons under the age of 18.

3.6.2. By purchasing Goods through the Pick n Pay ASAP!, You agree that you are 18 years of age or older and that You will be present to accept the delivery of Goods, in particular, without being limited to, alcoholic beverages. You may not authorise third parties to use Your Account.

3.6.3. You agree that You will not be intoxicated when receiving delivery of such Goods.

3.6.4. If You are sending a gift, You agree that the recipient is an individual 18 years of age or older.

3.6.5. All deliveries including alcoholic beverages must be accepted by the registered User, who is capable of proving that he or she is 18 years of age or older and can provide a valid form of government issued identification at the time of delivery. You further agree to provide truthful and valid personal information upon registering on Pick n Pay asap!, thereby validating Your birthdate which renders You 18 years or older.

3.6.6. You may not assign or otherwise transfer Your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and You may only use the Services for lawful purposes.

3.7. Goods and Availability

 

3.7.1. All Goods displayed on the App are subject to availability and will be delivered only within the Republic of South Africa to designated areas.

3.7.2. All prices shown on the App are quoted in South African Rands and are valid and effective only in the Republic of South Africa.

3.7.3. You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to You. 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 choose between a refund of any amount already paid by You for such Goods or a substitution with different Goods. In case You opt to substitute the unavailable Goods with different Goods, Your Account will be charged/refunded according to the price of the new Goods that have been chosen

3.7.4. We rely on inventory information supplied by the relevant Partner Retailer and We accordingly bear no liability for any inaccuracies in the information supplied to Us.

3.7.5. We reserve the right to discontinue or change the specifications of the Goods from time to time without notice. We will inform you as soon as possible (within 20 (twenty) minutes if any Goods ordered by You are not available.

3.7.6. We regret that no order will be accepted if We identify a material error in the description of any Goods or their prices on the App.

3.7.7. Packaging may vary from that shown on the App.

3.8. Limited Liability

3.8.1. Neither Pick n Pay asap!, nor any officer, director, employee, shareholder or agent of Pick n Pay asap! shall be liable to the User or any third-party for any claims relating to the purchase, sale, delivery and/or consumption of the Goods or any consequences which may result thereof.

3.8.2. Please read any Warranty documents that may come with the Goods so that You understand the terms and conditions thereof.

3.9. Errors

3.9.1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the App and Website. However, should there be any errors of whatsoever nature on the App or 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 Returns Policy.

3.9.2. We shall not be bound by any incorrect information regarding our Goods displayed on any third-party websites.

3.10. Processing Communications

3.10.1. You hereby agree that all orders and any other communications which purport to originate from You and which are sent to Us electronically and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the instructions actually sent or given, or may not have been given by You at all, shall be deemed to have been given in the form actually received by Pick n Pay asap! You will be bound by such communication with no liability of whatever nature attaching to Us in regard thereto.

3.10.2. You waive any rights you may have or obtain against Us arising directly or indirectly from any loss or damage of whatsoever nature which You may suffer as a result of the fact that We act on Your orders or communications, or orders or communications that purport to emanate from You and you indemnify Pick n Pay asap! against all and any claims, liabilities, losses, costs, fines, damages and expenses, arising as a result of the fact that We acted on Your instructions/orders or instructions/orders which purport to emanate from You.

3.11. Promotions and Discounted Goods

3.11.1. Promo Codes

3.11.1.1. Pick n Pay asap! may from time to time, in sole discretion offer to create promotional codes that may be redeemed for credit, or other features or benefits related to the Goods and/or Services and/or a Third Party Provider’s services subject to any additional terms that Pick n Pay asap! establishes on a per promotional code basis (“promo codes”).

3.11.1.2. Promo codes can only be redeemed while they are valid and their expiry dates cannot be extended.

3.11.1.3. More details:

3.11.1.3.1.There are four types of promo codes; a promo code with a fixed amount of a discount, e.g. R100 off (“Fixed promo code“), a promo code with a percentage discount, e.g. 10% off (“Percentage promo code“), a referral promo code (shared with friends/family, offering R50 OFF) and a promo code which allows you to add a product to the basket at no cost to you (“Product Voucher Promo Code”)

3.11.1.3.2. Promo codes are issued in Pick n Pay asap!’ sole discretion, and We are entitled at any time to correct, cancel or reject a promo code for any reason (including without limitation where a promo code has been distributed in an unauthorised manner). Users do not have a right to promo codes, and promo codes cannot be earned. Promo codes are issued under specific terms and conditions regulating when and how they may be used.

3.11.1.3.3. Promo codes cannot be exchanged or refunded for cash or credit.

3.11.1.3.4. Pick n Pay asap! is not responsible for any harm due to the loss, unauthorised use or distribution of a promo code.

3.11.1.3.5. If for any reason a promo code does not reflect on the final amount due from You at check-out, You can contact Us at asapsupport@pnp.co.za to confirm if the promo code is still valid. If Pick n Pay asap! confirms that the promo code is still valid and You have already placed Your order, You can choose whether to cancel the order and place it again with the promo code, or You can use the promo code on Your next order within the limitations of the specific promo code terms and conditions.

3.11.1.3.6. You may be required to submit the original communication containing the promo code, and any other information reasonably requested by Pick n Pay asap! before You are able to use a promo code.

3.11.1.3.7. As a general rule, and unless specified otherwise on the specific promo codes:

3.11.1.3.7.2. Can only be applied one at a time, per order.

3.11.1.3.7.3. Where a percentage promo code has been used and You wish to cancel any items in the order prior to making payment, the value upon which the promo code has calculated will change, due to Your basket value changing.

3.11.1.3.7.4. A promo code must be used before check-out – it cannot be used later on existing orders already placed.

3.11.1.3.8. The value of the promo code will be set off against the value of Your shopping basket and the balance remaining, if any, will be payable by You.

3.11.1.3.9. You agree that Promo Codes:

3.11.1.3.9.1. must be used for the intended audience and purpose, and in a lawful manner;

3.11.1.3.9.2. may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Us;

3.11.1.3.9.3. may be disabled by Us at any time for any reason without liability to Us;

3.11.1.3.9.4. may only be used pursuant to the specific terms that We establish for such Promo Code or established in these Terms;

3.11.1.3.9.5. are not valid for cash; and

3.11.1.3.9.6. may expire prior to Your use.

3.11.1.3.10. Pick n Pay asap! reserves the right to withhold or deduct credits or other features or benefits obtained through the use of promo codes by You or any other User in the event that We determine or believe that the use or redemption of the promo code was in error, fraudulent, illegal, or in violation of the applicable promo code terms or these Terms.

3.11.2. Discounted Goods

3.11.2.1. From time to time, We may offer certain Goods at discounted prices. These “specials” will be subject to certain conditions (as set out in these Terms and/or the Website), which define the scope of the special.

3.11.2.2. If You buy Goods within the scope of a special, You will pay the discounted price for those Goods (the “Special Price”). However, if You buy Goods in a manner that falls outside of the scope of a special, then You will pay the then current (non-special) selling price on the App and/or Website (the “Normal Price”), for each of the Goods that falls outside the scope of the special.

3.11.3. Discounted and promotional Goods (i.e. special items)

3.11.3.1. Discounted and promotional Goods are subject to the following provisions:

3.11.3.1.1. Dates: Specials are limited to run over the duration of specific dates, subject to the respective campaign details, known as the “special period”. Pick n Pay ASAP! is not obligated to sell the Goods at the advertised special price on a date that does not fall within the special period. Special pricing is only valid within the special period.

3.11.3.1.2. Out of stock: Pick n Pay asap! will make every effort to ensure that Goods which are listed and live on the App reflect that which is in stock at the respective Partner Retailer You order from, however, from time to time, Goods go out of stock and Users may place orders before Pick n Pay ASAP! is able to update the App listing. In the case of ordering a special item which is out of stock, Pick n Pay asap! is not obligated transfer the special pricing to alternative Goods or Partner Retailer. Pick n Pay asap! will however, make every effort to suggest replacement Goods, which are in a similar price bracket to the Goods which were on special.

3.11.3.1.3. Availability: Pick n Pay asap! makes every effort to ensure Our Retail Partners have stock of special items. However, some Retail Partners do not stock specific Goods, and as a result, depending on the area the User is ordering from, the User may not be able to purchase specific special items. Pick n Pay asap! is not obligated to deliver special items to Users who cannot purchase the special items from the App.

3.12. Cooling Off Rights and Cancellation

3.12.1. This is an electronic agreement for purposes of the Electronic Communications and Transactions Act (“ECTA”). In terms thereof You may cancel an order /purchase, within 5 (Five) days, provided that delivery has not been affected by contacting Our Customer Service Support at asapsupport@pnp.co.za or on 0871584690

3.12.2. If You cancel after delivery has been made, You will be responsible for delivery costs associated with returning the Goods to the Retail Partner and restocking costs.

3.12.3. If You have opened the package or used or consumed the Goods, You shall not be entitled to cancel Your order therefore.

3.12.4. In the event of this Agreement being cancelled in terms of this clause, We will refund any money paid in terms of the Agreement by You within 7 (seven) Working Days from the date of cancellation notice being received and We may require payment from You for the reasonable costs of having the Goods returned to Us and restored to a saleable condition should they already have been delivered.

4. DISCLAIMERS, LIMITATION OF LIABILITY AND INDEMNITY

4.1. Disclaimers

4.1.1. The use of the App, Website is entirely at Your own risk and You assume full responsibility for any risk or loss resulting from use of the App or Website or reliance on any information on the App or Website.

4.1.2. Whilst Pick n Pay asap! takes reasonable measures to ensure that the content of the App and Website is accurate and complete, Pick n Pay asap! makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the App or Website or as to the accuracy, completeness or reliability of any information on the App or Website. If any such representations or warranties are made by Pick n Pay asap!’s representatives, Pick n Pay asap! shall not be bound thereby.

4.1.3. Pick n Pay asap! disclaims 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 App or Website and/or any Content therein unless otherwise provided by law.

4.1.4. Although Goods sold via the App or Website may, under certain specifically defined circumstances, be under warranty, the App and Website themselves and all Content and information provided on the App and 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.

4.1.5. Any views or statements made or expressed on the App or Website are not necessarily the views of Pick n Pay asap!, its directors, employees and/or agents.

4.1.6. In addition to the disclaimers contained elsewhere in these Terms, Pick n Pay asap! also makes no warranty or representation, whether express or implied, that the information or files available on the App or 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 Pick n Pay asap!, its employees, agents or authorised representatives. Pick n Pay asap! thus disclaims 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.

4.1.7. Pick n Pay asap! does not guarantee the suitability and ability of Retail Partners or Delivery Agents.

4.1.8. We do not warrant the availability of the App or Website at all times, including in cases where there is a connection interruption or the App or Website is undergoing maintenance or upgrades.

4.1.9. The App and Website may contain documents created by, and information from third parties. The third parties are independent parties and do not have any partnership, joint venture or agency relationship with Pick n Pay asap!.

4.1.10. Information provided by other Users or third parties on the App or Website may contain links to third party websites that are not owned or controlled by Us. We are not liable for any loss, damage or other liability arising from Your use of any third-party websites or for the content, privacy policies or practices of any third party websites.

4.2. Limitation of Liability

4.2.1. To the maximum extent permitted by law, we will not be liable in any way for any loss, damage or other liability resulting from:

4.2.1.1. Your use of the App, Website and purchase of the Goods

4.2.1.2. Your inability to use the App or Website or purchase the Goods;

4.2.1.3. the unauthorised use or disclosure of your personal information by a third party where You have given us permission to share it with them;

4.2.1.4. any breach of security over the App or Website unless it is due to Our gross negligence; or

4.2.1.5. any termination of communications with You.

4.2.2. Without limiting the generality of the aforegoing, Pick n Pay asap! shall not be liable to You or any third party for any loss or damage of whatsoever nature in the event that You request that an order is stopped or cancelled.

4.2.3. Pick n Pay asap! regularly checks the App and Website for viruses but does not guarantee that the App or Website is virus-free and does not accept any liability for any virus downloaded from the App or Website by You.

4.3. Indemnity

4.3.1. You agree to indemnify and hold Pick n Pay asap! its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with, including, any loss, claim or damage which may be suffered by You or a third party for any direct, indirect, incidental, special or consequential loss or damages which might arise from Your use of, or reliance upon:

4.3.1.1. the Pick n Pay asap! or Website;

4.3.1.2. your inability to use the Services;

4.3.1.3. purchase of the Goods; or

4.3.1.4. unlawful activity on the App or Website and/or any linked third party Application or Website

5. LEGISLATION AND JURISDICTION

5.1. Governing Law and Jurisdiction

5.1.1. These Terms and our relationship and/or any dispute arising from or in connection with these Terms shall be governed and interpreted in accordance with the laws of the Republic of South Africa.

5.1.2. In the event of a dispute or a complaint, You should first refer the matter to Us. A dispute can be lodged with Us via asapsupport@pnp.co.za

5.1.3. You must please ensure that You receive a reference number for complaint as well as a formal acknowledgment notification.

5.1.4. In the event of any dispute which remains unresolved, You hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Johannesburg), having jurisdiction, notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

5.1.5. Nothing in this clause or the Terms limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

5.2. Liquor Legislation

5.2.1. It is an offence in terms of South African liquor legislation:

5.2.1.1. For any person below the age of 18 years to purchase, or attempt to purchase, liquor and/or to present false evidence of his/her age in order to access liquor; and/o

5.2.1.2. to purchase liquor for or on behalf of any person under the age of 18 years.

5.2.2. Pick n Pay asap! is committed to complying with all applicable liquor legislation, and therefore Pick n Pay asap! stands by the following clauses:

5.2.2.1. We will only enable Users who state that they are 18 years or older onto the App. Users who are not 18 years or older are directed off the App immediately.

5.2.2.2. Further, Users can only register on Pick n Pay asap! if their birthdate validates that they are 18 years or older. This registration criteria ensures that Pick n Pay asap!s’ registered Users are of drinking age, enabling Pick n Pay asap! to send them marketing communication about alcohol. Users registering on the App are therefore obligated to provide true and accurate personal details regarding their age. Pick n Pay asap! takes no responsibility for Users who have created accounts with fabricated birthdate details.

5.2.2.3. Pick n Pay asap! will only deliver alcohol to Users who are 18 years or older. Upon delivery, Pick n Pay asap! may require Users to further confirm that they are 18 years or older by providing a government issued photo identification and the physical credit card used to make the purchase (if requested). If a User refuses to confirm their age / identity upon delivery, Pick n Pay asap! has the right to refuse delivery, and will return the Goods. There will be a delivery charge and restocking fee payable in these circumstances. Furthermore, all promotional communication strictly follows the guidelines as set by the ARA.

5.2.3. During the operating hours Users are purchasing items from a Partner Retail, and the User’s credit card will be charged by a third party credit card processing provider, on behalf of the Partner Retailer and Pick n Pay asap!.

5.2.4. The Partner Retailer is not licensed to sell liquor for resale and You may accordingly not purchase liquor from Pick n Pay asap! for the purpose of reselling it. Pick n Pay asap! is entitled to cancel, or not to process, any order for liquor which it suspects will be resold, in addition to any other remedy it may have under these Terms or at law.

5.2.5. Pick n Pay asap! will not sell liquor exceeding a total weight of 150 Litres to any one person in a single day.

5.2.6. By purchasing, or attempting to purchase, liquor through Pick n Pay asap!, You hereby acknowledge and agree to these Terms, and agree to provide Pick n Pay asap! with truthful and accurate information and to comply with the applicable liquor legislation.

5.3. Electronic Communications and Transactions Act (ECTA)

5.3.1. In addition to other details set out in these Terms, in compliance with section ECTA, Your attention is drawn to the following

5.3.1.1. full name and legal status: Pick n Pay Retailers (Proprietary) Limited, a private company incorporated in accordance with the laws of the Republic of South Africa;

5.3.1.2. Main business:

5.3.1.3. registration number: Reg no. 1973/004739/07;

5.3.1.4. place of registration: Johannesburg;

5.3.1.5. registered physical address: 101 Rosmead Avenue, Kenilworth, Cape Town, 7798 7708;

5.3.1.6. telephone number: +27 21 658 1000;

5.3.1.7. website address: www.pnp.co.za;

5.3.1.9. physical address for receipt of legal service of documents: legal@pnp.co.za

6. OTHER TERMS

6.1. Contact Details and Notices

6.1.1. The contact details contained in Your profile completed by You on the App will be regarded for all purposes as the legal address where Goods, notices and statements can be delivered to You.

6.1.2. Your contact details include cellular phone number, physical address, employment address, email address and home telephone numbers.

6.1.3. You may change Your contact details by visiting Your Profile section of the App or by notifying the relevant call centre.

6.1.4. We choose the following address as Our address for legal notices: 101 Rosmead Avenue, Kenilworth, Cape Town, 7798 and legal@pnp.co.za

6.1.5. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent

6.1.5.1. by hand will be deemed to have been received on the date of delivery;

6.1.5.2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;

6.1.5.3. 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.

6.2. General

6.2.1. The Terms constitute the sole record of the agreement between you and Pick n Pay ASAP! in relation to the subject matter hereof.

6.2.2. Any illegal or unenforceable provision of these Terms may be severed and the remaining provisions will continue in force.

6.2.3. No indulgence, leniency, relaxation, waiver or extension of time which We may grant You, in the event of claims and/or disputes arising, will in any way whatsoever prejudice Us or preclude Us from exercising Our rights in terms of these Terms and neither will it constitute a waiver or limitation of any of Our rights.

6.2.4. In the event that You commit any breach of the Terms or in the event that We are required to take any legal action, You agree and undertake to pay Our legal costs as between attorney and own client.

6.2.5. Pick n Pay asap! shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these Terms.

6.2.6. All provisions of these Terms are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other.

6.2.7. Should Pick n Pay asap! be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as Pick n Pay asap! is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding extent. In the event that force majeure continues for more than fourteen days after it has fist occurred then Pick n Pay asap! shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these Terms by giving notice to You. An "event of force majeure" shall mean any event or circumstance whatsoever which is not within the reasonable control of including, without limitation, vis major, casus fortuitus, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement of any international authority, any requirement of any government or other competent local authority, any court order.

REFUND AND RETURNS POLICY

1. INTRODUCTION

1.1. Because We want You to be happy with Your purchase, We will handle any returns, by You arising out of or in connection with the purchase by You of Goods from a Retail Partner on behalf of the Retail Partner according to Pick n Pay asap!’s own Returns Policy set out below.

1.2. Should such claim escalate into being a dispute, although We are entitled to become involved in an attempt to resolve it, We are not obliged to do so and any disputes must be resolved between You and the relevant Retail Partner.

1.3. This policy applies to Goods bought via the App and/or Website. Nothing in this policy is intended to limit Your statutory rights in any way.

1.4. Terms, words and expressions contained in this Returns Policy shall have the meaning given to them in the Agreement which this Returns Policy forms part of.

2. UNWANTED GOODS

2.1. You may return unwanted Goods to Us, provided:

2.1.1. It is undamaged and unused with the original labels and stickers are still attached;

2.1.2. It is in the original packaging, which must be undamaged and in its original condition with all seals still intact (if applicable

2.1.3. It is not missing any accessories or parts (if applicable); and

2.1.4. You have logged your return within 7 days of delivery, where after You may only return a Good if it is defective.

2.2. If You return Goods on the basis that they are unwanted in terms of the returns policy set out herein You will be responsible to pay Us a collection fee and restocking fee. This fee will be charged to Your Account and payable using Your Payment Information by being deducted from any payment made prior to refund.

3. GOODS DAMAGED UPON DELIVERY

3.1. Should any Goods be damaged at the time of the delivery, please notify Us as soon as possible by email to (asapsupport@pnp.co.za) or our customer call number (0871 584690).

3.2. We will arrange to collect the damaged Goods from You at no charge. Once We have inspected the Goods and validated Your return, We will, at Your choice, replace the damaged Goods or refund You for the value of the damaged Goods.

4. DEFECTIVE GOODS

4.1. We do our best to ensure the Goods We deliver to You are of a high quality, and in good working order without defects.

4.2. Defects are classified as a material imperfection in the manufacture of Goods or any characteristic of Goods, which makes the Goods less acceptable than one would reasonably be entitled to expect in the circumstances.

4.3. It is important to note that Pick n Pay asap! is under no legislative obligation to provide You with a credit, repair / replacement, as Your remedy lies with the Partner Retailer or manufacturer. However, since We want Your experience to be as good as possible. Accordingly, at Our discretion, We will arrange the collection of the defective Goods, repair / replacements, and refund You for the value of those Goods.

PROMOTIONAL CODE USAGE TERMS AND CONDITIONS

1. Promotional codes are issued at Pick n Pay asap! by Pick n Pay’s sole discretion and we are entitled at any time to correct, cancel or reject a promotional code for any reason. Promotional codes are issued under specific terms and conditions regulating when and how they may be used:

1.1. Unless otherwise stated under the specific terms and conditions regulating the promotional code: each promotional code can only be used once;

1.2. only one promotional code can be used per order;

1.3. only one promotional code can be used per person per promotion/campaign on the App, unless specified;

1.4. a promotional code must be used at check-out – it cannot be used later on existing orders;

1.5. promotional codes with a percentage discount offer may only be redeemed on purchases with a total cart value less than R1,000; and

1.6. the value of the promotional code will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.

1.7. promotional codes cannot be used to buy other promotional codes, and cannot be exchanged or refunded for cash or credit. However, if you use a promotional code and your order is rejected or your Sale is cancelled, your Coupon will be made available for use again.