The Pro Shop Terms & Conditions
MoreGolf (Pty) LTD TRADING AS The Pro Shop
Date last amended 22 June 2023
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.
Click HERE to view the General Terms and Conditions applicable to all competitions conducted by The Pro Shop
Only one code per transaction and per customer.
No pooling of codes or transacting on behalf of others. One
customer. One transaction. One code.
Codes cannot be transferred to anyone else
Codes may only be redeemed against items at full retail price
Customers must redeem the code on purchase to qualify for
the rewards on offer
Purchases that are NOT transacted with a code, will NOT be
eligible to participate in the competition. They will not be eligible for
prizes.
Purchases that are NOT transacted with a cell phone number
at checkout, will NOT be eligible to participate in the draw for prizes.
Prizes are subject to availability and can be changed by The
Pro Shop or management without notification for a similar replacement
The recipients of voucher codes from The Pro Shop are chosen
by management, provided the customer has opted in for marketing and given their
cell phone number at checkout
Codes are NOT exchangeable for cash
No change will be given if the full amount of the code is
not redeemed
The codes validity is subject to the terms of the specific promotion and can be cancelled or extended without prior notice
Products may be added or removed from a voucher campaign without prior notice.
Winners of any prizes waive their right to the 30-day
satisfaction guarantee, and cannot exchange original purchase unless the product is
defective
The Port Elizabeth, Nelspruit, George, and Harare stores
may not be participating in the competition.
Certain codes are not valid online and may be excluded from specific promotions
THE WINNERS AND AMOUNTS ARE GENERATED RANDOMLY AND
MANAGEMENT RESERVES THE RIGHT TO CANCEL A CODE SHOULD THEY FEEL THERE HAS BEEN
ANY FOUL PLAY BY THE CUSTOMER. THE AMOUNTS GIVEN ARE FINAL.
1. Acceptance
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 your
username 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.
4. Verification
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 does not constitute 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, and copy of the 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.
6. Performance
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.
7. Payment
For details on payment options, please refer to the payment options.
Please note, due to banking regulations we do not accept
forex online or in-store.
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: MoreCorp (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
Country of Incorporation: South Africa.
Current Directors - D.M. Egdes & A.D Miller
Physical address for receipt of service: 12 Stirrup Lane,
Wooodmead Office Park, Woodmead, 2192
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.
Registration Number:
2002/006838/07
4500198868
9533294147
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 14 days after the date of receipt of
the goods or services within 14 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
16.1 The address for service for all purposes relating to these terms of use
including the giving of any notice, the payment of any sum, the serving of any
process, is the address set out in 8.2 and the fax number set out in 8.3.
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.
17. General
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
beenconcluded between you and The Pro Shop on delivery/collection of the
product or service.
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