The Pro Shop Terms & Conditions
MoreGolf (Pty) LTD TRADING AS The Pro Shop
Date last amended 22 June 2010
The Pro Shop provides the information contained on this website and the pages comprising the website ("website") and advertises and sells the products to you, subject to the terms and conditions set out herein and as may be referenced herein ("the terms") unless otherwise stated. For the purposes of these terms, "products" means those items offered for sale by The Pro Shop or the services made available from time to time via the website.
By accessing and/or using the website, you agree to be bound by the terms. The Pro Shop may at any time modify any of the terms and such modification will supersede and replace any previous terms. The amended terms will be made available on the website. Each time you access the website and/or use the services offered via the website, you agree to be bound by the terms, as may be modified from time to time.
2. Content of the Website
Whilst every effort is made to update the information provided on this website on a regular basis, The Pro Shop makes 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 website from time to time. The Pro Shop reserves the right at any time to change or discontinue without notice, any aspect or feature of the website and any information, data and/or content on the website.
3. Access Codes
Before purchasing any products via the website, you will be obliged to enter you user name or personal ID number ("ID") and personal password ("password") or other unique identifying information. Jointly we refer to the ID and password and other unique identifying information as your "Access Codes". You undertake to ensure that your Access Codes are not disclosed to any third party and to immediately report any actual or potential unauthorised access to or use of your Access Codes. On receipt of such communication, The Pro Shop reserves the right to reject any communication received from you, suspend the processing of any communications and orders not yet executed by The Pro Shop and immediately deactivate your Access Codes. You shall thereafter be obliged to refrain from ordering any products until such time as new Access Codes have been authorised by The Pro Shop. The Pro Shop may from time to time require you to change your Access Codes, as the case may be, and you undertake to comply with such instruction immediately.
You agree that all instructions, consents, orders and other communications which purport to originate from you or a person who had authority to act on your behalf to operate automatically (unless it is proved that such information system did not properly execute such programming) (collectively "the originator") and which are sent to The Pro Shop 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 by the originator in the form actually received by The Pro Shop and you will be bound by such instruction with no liability of whatever nature attaching to The Pro Shop in regard thereto.
You waive any rights that you may have or obtain against The Pro Shop arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that The Pro Shop acts on your instructions/orders or instructions/orders purported to emanate from you and you indemnify The Pro Shop against all and any claims, liabilities, losses, costs, fines, damages and expenses incurred (whether directly or indirectly) by you, arising as a result of the fact that The Pro Shop has acted on your instructions/orders or instructions/orders which purported to emanate from you.
5. Orders, confirmation & delivery
The advertising of products via the website merely constitutes an invitation by The Pro Shop for you to make an offer to purchase products and we remain entitled to reject any order without giving reasons therefore. As erroneous or outdated prices may be displayed on this website from time to time, you agree that we will not be obligated to sell a product at such erroneous price. Once you have selected the product you wish to purchase and submitted your order to The Pro Shop, you will be given the opportunity to review the entire transaction and correct any mistakes, before electing whether to withdraw from the transaction or proceed with the transaction. By clicking on the "purchase" or similar "final submit" button you are deemed to have submitted an offer to purchase the product/s selected by you ("order") and the order cannot be withdrawn by you unless expressly agreed to by The Pro Shop. The Pro Shop reserves the right to cancel the order for any reason on notice to you. Receipt of a confirmation of the order (which constitutes acceptance by The Pro Shop to process the order) will be sent to you once we receive your order. Although the website is set up to confirm receipt of orders, technical or other problems may delay or prevent such confirmations. DO NOT resend your instruction if you do not receive a confirmation from us as this may lead to a duplicate transaction for which you will be held liable. Please note that a transaction will only be deemed to have been concluded once the product/service in question has been delivered/collected in accordance with the selected delivery option or agreed process. Delivery times are estimates only and we are not liable for any late deliveries.
A pre-order is not a completed or confirmed order. Although every effort will be made to source the requested product, we cannot guarantee the availability of any product. We also reserve the right to decline any pre-order without reason. Once in receipt of a pre-order we will reserve the product for purchase by you subject to stock availability. Final pricing of pre-ordered products may vary from the price displayed at the time the pre-order was placed. All pre-orders will be confirmed with you telephonically or via email.
A product request is not an order. Although every effort will be made to source the requested product, we cannot guarantee the availability or existence of any product. We also reserve the right to decline any product request. Once in receipt of a product request we will contact the relevant supplier to establish stock availability and pricing. All product requests will be confirmed with you telephonically or via email.
Any applications which you submit to us via the website will be subject to our normal approval processes and procedures. We reserve the right to withhold approval at our sole discretion. We reserve the right to verify the identity of any purchaser or the payment method used. This may require you being required to, inter alia, send us a copy of your identity document, proof of residence, copy of front and back of your credit card. Failure to do so may result in us cancelling the order without reason. If The Pro Shop approves your application you may be required to sign additional terms & conditions, which will form the basis of The Pro Shop's agreement with you. A copy of these terms can be obtained by calling our helpdesk on 0800 000 999. If you do not agree to these additional terms & conditions then your application will be cancelled and you will not be entitled to use or access the product or service you have subscribed to.
All orders shall be executed within the time period notified therefor by The Pro Shop. The Pro Shop shall notify you should any products be unavailable for any reason whatever. For information on guarantees applicable to products purchased by you, please see our warranties / guarantee policy. You accept that the display of products is not necessarily a guarantee that a product is available.
For details on payment options, please refer to the payment options.
Compliance with section 43(1) of the Electronic Communications and Transactions Act of 2002 ("ECT Act").
8. In compliance with section 43(1) of the ECT Act, please note the following –
full name : MoreGolf (Pty) LTD;
physical address : 8 Waterval Crescent South, Woodmead, Johannesburg
fax number : +27 (0) 11 802 5064;
telephone number : +27 (0) 11 602 8888;
website address : http://www.theproshop.co.za
e mail address : firstname.lastname@example.org
registration number : 2000/009346/07
country of incorporation : South Africa;
current directors - L.W. Nestadt, F. Boner, M.R. Hughes, D.M. Egdes
physical address for receipt of service : 8 Waterval Crescent South, Woodmead, Johannesburg
You may request a record of your transaction for up to 90 days after which we will not be obligated to keep any records of your transactions.
9. Cooling off period and Returns
In addition to the rights set out in our return policy, if you qualify as a consumer in terms of the Electronic Communications and Transactions Act you may enjoy certain cooling-off rights in terms of which you can cancel any transaction for the supply of goods within 7 (SEVEN) days after the date of receipt of the goods or services within 7 (SEVEN) days after the date of conclusion of the agreement, without reason or penalty. This does not apply to certain goods or services.
Please refer to the return policy, which sets out our policy regarding returns or products. If you have effected payment prior to exercising your right to return the products, The Pro Shop will refund you the full purchase price thereof, less any direct costs incurred by The Pro Shop in returning such goods.
10. Privacy and Security
All personal information obtained by The Pro Shop by virtue of your use of this website is protected as set out in our privacy and security policy. Further, the security processes and procedures used by The Pro Shop to protect information transmitted via the website are also set out in the privacy and security policy.
11. Copyright and Intellectual Property Rights
Copyright and all intellectual property rights in all materials, texts, drawings and data made available on this website (collectively "the materials") are owned by The Pro Shop alternatively, The Pro Shop is the lawful user thereof and are protected by both South African and international intellectual property laws. Accordingly, any unauthorised 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 copyright and other intellectual property rights; save that you may use the materials or any component thereof for your own internal purposes and for the purposes of ordering products from The Pro Shop. The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered trademarks of The Pro Shop. Nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of The Pro Shop.
12. External links
External links may be provided for your convenience, but they are beyond the control of The Pro Shop and no representation is made as to their content. Use or reliance on any external links provided is at your own risk. When visiting external links you must refer to the external terms and conditions of use. You may not link to this website, in any manner, or frame any content of this website in any other manner or otherwise use the content without the express prior written permission of The Pro Shop.
13. Unlawful use
You shall not use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify The Pro Shop against any loss, liability, damage or expense of whatever nature which The Pro Shop or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any message or material as aforesaid.
14. Warranties, Disclaimers and Limitation of Liability
Save as set out in the terms, The Pro Shop makes no warranties, representations, statements or guarantees (whether express, or implied in law or residual) regarding the website and the products and the website and products made available via the website are provided "as is".
Neither The Pro Shop nor its directors shall be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the website and/or any information contained on or via the website and/or your use of the products. Without limiting the generality of the aforegoing, neither The Pro Shop nor its directors shall be liable for any failure and/or unavailability of the website for any reason whatever and/or the failure/delay by any third party service provider to render any service which is necessary to ensure the availability of the website. You hereby indemnify The Pro Shop or its directors against any loss, liability, damage (whether direct or consequential) or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable directly or indirectly to the aforesaid. Notwithstanding anything to the contrary contained herein, The Pro Shop shall not be liable for any direct, indirect, contingent or consequential loss (including but not limited to loss of business, loss of data and/or loss of profits) incurred or sustained by you or any third party howsoever arising in respect of your use of or reliance of any information offered on or via the website and/or your use of the products.
Without limiting the generality of the aforegoing, The Pro Shop 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 be stopped or cancelled.
By accessing the website, you warrant and represent to The Pro Shop that you are legally entitled to do so to purchase any of the products offered for sale via the website. You further warrant that all the details you have given are true and complete and that you are legally capable of concluding this transaction. If you are younger than 21 years of age you warrant that you have the consent of your legal guardian to enter into this agreement with The Pro Shop or that you have obtained legal status in another manner.
We may in our sole discretion at any time suspend or terminate the operation of this website without prior notice to you and without the need to give you reasons for such termination.
15. Use of the Website
The Pro Shop does not make any warranty or representation that information and products advertised on the website are appropriate for use in any jurisdiction. By accessing the website, you warrant and represent to The Pro Shop that you are legally entitled to do so and to make use of information and purchase the products made available via the website.
16. Address for Service
16.2 The Pro Shop shall be entitled from time to time, by giving notice to you to vary its physical address for service to any other physical address within the Republic of South Africa, and to vary its facsimile address for service to any other facsimile number.
Without detracting from the provisions of your account terms and conditions, the terms constitute the sole record of the agreement between you and The Pro Shop in relation to your use of this Website. No indulgence or extension of time which either you or The Pro Shop may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
The Pro Shop shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms.
All provisions of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these terms and conditions shall remain in full force and effect.
Should The Pro Shop 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 The Pro Shop is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding event. In the event that force majeure continues for more than fourteen days after it has first occurred then The Pro Shop 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 or any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage or transport facilities.
These terms shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You hereby consent to exclusive jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with the services referred to herein, or the terms or any matter related to or in connection therewith.
For purposes of calculating any time periods GMT +2 shall be used.
Your terms and conditions shall apply to all transactions you conclude via this website.
A certificate issued by an administrator of this website shall constitute prima facie proof of any fact related to this website, including but not limited to which version of the terms and conditions govern a particular dispute and what content was published or functionality was available on the website at a specific point in time.
The deeming provisions of the ECT Act are excluded to the extent that no message shall be deemed to have been received by us unless we acknowledge receipt thereof in writing. This does not detract from the fact that if you submit an order more than once you may have concluded a double transaction for which you will be liable and that a transaction will only be deemed to have been concluded between you and The Pro Shop on delivery/collection of the product or service.