This Agreement was last modified on 18 February 2016.
Welcome to the terms and conditions (“Terms“) for Mr Shopper. These Terms are between you and Mr Shopper Services and/or its affiliates (“mrshopper.co.za” or “Us“) and govern our respective rights and obligations. Please note that your use of the mrshopper.co.za website is governed by the agreements listed and linked to below, as well as all other applicable terms, conditions, limitations, and requirements on the Mrshopper.co.za website, all of which (as changed over time) are incorporated into these Terms. If you sign up for a membership, you accept these terms, conditions, limitations and requirements.
If you signed-up for your membership directly through us, you may cancel your membership any time by visiting Your Account and adjusting your membership settings.
Shipping Benefits and Eligible Purchases
Shipping benefits depend upon inventory availability, order deadlines, and in some cases the shipping address. They are limited to certain products sold by MrShopper on the Mrshopper.co.za website. Products eligible for Benefits will be designated as such on their product pages. Some special product, order, handling fees, and/or taxes may still apply to eligible purchases. If only some items in your order are eligible for Benefits, you will pay applicable shipping charges for the ineligible items. Changing or combining orders, or changing your shipping address, speed, or preferences might affect Benefits eligibility. Certain purchases may only be entitled to Standard Shipping because of their size, weight, and other shipping characteristics.
We may exclude products with special shipping characteristics at our discretion.
Other Benefits and Supplemental Memberships
We also offer Eligible members supplemental memberships, which are subject to these Terms, require you to be an Eligible member, and may have additional fees and terms. As used in these Terms, “Eligible” applies to all supplemental memberships.
We reserve the right to accept or refuse membership in our discretion.
We may send you email and other communications related to your Eligible membership (regardless of any settings or preferences related to your Mr Shopper account).
You may not transfer or assign your Eligible membership or any Mr Shopper benefits, including promotion codes for Eligible memberships or benefits, except as allowed in these terms.
Eligible members are not permitted to purchase products for the purpose of resale, rental, or to ship to their customers or potential customers using Eligible benefits.
Some Eligible benefits may require certain purchase thresholds, have quantity or shipping address limitations, or require members to meet specified criteria in order to access them.
Promotional Trial Memberships
We sometimes offer certain customers various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers.
We may in our discretion change these Terms, mrshopper.co.za‘s Conditions of Use and Privacy Notice, or any aspect of Eligible membership, without notice to you. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.
Termination by Us
We may terminate your membership at our discretion without notice. Terms will not constitute a waiver of any of our rights.
Limitation of Liability
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN MR SHOPPER’S CONDITIONS OF USE, OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE FEE YOU PAID. THIS LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR MEMBERSHIP.
Any dispute or claim relating in any way to these Terms or your use of Mr Shopper, or to any products or services sold or distributed by Mr Shopper or through mrshopper.co.za will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our support mail. Mr Shopper will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.
If you have any questions about this Agreement, please contact us filling this contact form