Terms & Conditions

Effective 1 September 2019

Website Usage Policy

 
Please familiarise yourself with our website usage policy as it contains important information concerning your rights and responsibilities when using our site. Should you have any queries concerning our website policy and the handling of your personal information, please contact Customer Care on 0800 01 07 09. The quoted text offers a short explanation of the terms of use and is not legally binding.


“By accessing our website you agree to the terms and conditions set out on this page. Please pay special attention to the capitalised text as they relate to your ability to recover losses you may incur in connection with our website. Persons under 18 must have their parents’ or legal guardian’s consent to be bound by our terms of use.”

  1. Please read our terms of use carefully. Your use of this website and any of the services offered on this website will be subject to the then current version of our terms available on this website at the time of your use. If you do not accept our terms of use, you may not access our website or use any of the services available via our website.
 
  1. Our terms contain specific provisions to limit our liability. These terms have been set out in capital letters. You should pay particular attention to these terms since they limit your ability to recover losses that you may incur in connection with your use of our website.
 
  1. If you are not yet 18, you must obtain your parents' or legal guardians' advance authorisation, permission and consent to be bound by our terms of use prior to you accessing our website, using any of the services on our website or participating in any of the activities offered. If you are under 18 and fail to obtain such consent you may not access our website, use the services or participate in the activities available via our website.
 
  1. We may change our terms of use from time to time. Such changes will take effect as and when published. Therefore, you should keep up-to-date with their content and read these terms of use at all times prior to using this website since the then current version of the terms will apply to your use.
 

Part A: General Information and Terms


For your convenience, we have listed below some general information about ourselves:
 
"We" are Shoprite Checkers (Pty) Ltd, and "us" and "our" have a corresponding meaning herein. We are a private company incorporated in accordance with the laws of the Republic of South Africa with registration number 1929/001817/07. Our address of establishment is at Cnr William Dabbs & Old Paarl Roads, Brackenfell, 7561 and we will accept service of all legal documents there; Our telephone and facsimile numbers are Tel: +27(0)21 980 4000 and our Fax: +27 (0)21 980 4050         
 
Definitions
 
In these terms of use:
 
Products means any goods or other products that are made available by us via this website. We, us and our means Shoprite Checkers (Pty) Ltd (and, unless the context indicates otherwise, its owners, employees, suppliers, internet service providers, agents and affiliates). You means the user of this website. Hyperlinks, which are not operational, will not in any way detract from the validity and interpretation of the terms.

“We don’t control content published on 3rd party sites that may link to our website and do not consent to you accessing our website for unlawful purposes. The content and copyrights to assets on this site remain ours and we reserve the right to reuse any content you may upload to the site.”

General Conditions of Use for this Website

  1. You are solely responsible for any and all telephone usage and rental fees and/or internet access service fees that may apply to your use of this website and the services offered on it.
 
  1. You may not access this site for any purpose other than for utilizing the services offered on it in the normal manner. You may not access our site for the purposes of redistributing or otherwise using any of our content for your own business purposes unless you are expressly licensed thereto by us in writing. You may not use your access to this site in a manner that would bring us, our business and/or any of our affiliates into disrepute. Furthermore, you may not access this site for unlawful purposes or use it in a manner which infringes our rights or the rights of any other person or restricts or inhibits the use of or enjoyment of this site by any other person. In this regard, you must comply with the laws, regulations and codes of conduct applicable to your use of this site. You may not post or transfer any material to our website that is unlawful or violates any third party's rights or which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties' computer system. We may remove any content you have submitted to this site and/or suspend your access to any part of this site at any time without notice.
 
  1. We do not usually monitor, edit, control or filter the content submitted to this site by our users. Such content, including as may be found in blogs, forums, chat groups, comment sections and bulletin boards, do not represent our views and we have not authorized or endorsed such content. Such content should also not be viewed as professional advice of any kind, be it medical, legal, financial or otherwise. Please notify our Customer Care Centre if you have a complaint about the activities of or content submitted by a user of this site.
 
  1. We do not distribute or endorse any products, services or events posted, promoted and/or listed on our site other than the products and services we supply ourselves and our display of such products, services or events should not be construed as any form of endorsement thereof. All arrangements regarding such products, services and events are to be made directly with the supplier thereof.
 
  1. Notwithstanding that this site may contain links to third party websites and that some third party websites may contain links to this site we do not control, endorse or approve the activities or content of any such third party websites. Please contact the relevant website proprietor if you have a complaint about the activities or contents of a third party website.
 
  1. Proprietary rights (including without limitation, the trade marks, copyright and patent rights) in the components of this site belong to us and our licensors, including in the compilations, collective works and derivative works created incorporating the content of our users. The individual content you may submit will remain your property, but you grant us an irrevocable, perpetual, worldwide, transferable, sub-licensable and royalty-free license to use such content free from any restriction and on the basis as if we were the owners thereof, including by modifying, reproducing, compiling, publishing, publicly performing, distributing, broadcasting and promoting it.
 
  1. The downloading and use of data contained on this website is done at your sole discretion. You should independently verify the completeness and reliability of the information provided on or via this site. Also be aware that viruses or code which may have a harmful effect on your computer system could be transmitted to you. You are responsible for implementing suitable protection mechanisms to prevent such harm from occurring.
 
  1. ACCESS TO OUR WEBSITE SERVICES IS PROVIDED TO YOU FREE OF CHARGE. RELIANCE ON AND USE OF OUR WEBSITE, CONTENT AND SERVICES ARE THEREFORE AT YOUR OWN RISK. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND IN CONTRACT, DELICT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE ARISING IN CONNECTION WITH YOUR RELIANCE ON OR USE OF THIS SITE OR THE CONTENT OR SERVICES PROVIDED, SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY APPLICABLE LAW OR THE CONTRARY IS EXPRESSLY STATED.
 
  1. We also reserve the right, without notice and in our sole and absolute discretion, to make changes to any parts of the site inclusive of changes to these terms of use including those relating to our ordering service. It is your responsibility to review our terms of use on each occasion prior to making use of this site and our ordering service. If you continue to use this site after our amended terms of use has been posted on the website, it will constitute a deemed acceptance of such amended terms of use. We specifically reserve the right at any time to change or discontinue without notice, any aspect and/or feature of this website.

“You will need a registered account to buy certain goods and services from our website and are expected to keep your account details private. We will only use your personal information to improve our services to you or share it with external entities when required to do so by law.”

  1. You will be required to choose a user name and a password when registering with us or using some of our services. You are responsible for keeping your user name and password secret. You will be required to enter your username and password every time you want to use one of our subscription services. You accept that you will be personally liable for all transactions concluded on your account.

  2. We are committed to protecting your privacy. We will collate the information which you give to us to provide you with services and personalize your use and visits of this site. We may also use such information to inform you, the user, about changes in the services we offer and/or about features we think you would find of interest. We may also permit the affiliated entities in our company group to inform you about products or services they offer that might interest you. By giving us this information, you consent to our use of it for these purposes and for the purposes outlined in our Personal Information Processing Policy, including for the purpose of processing your orders and instructions. For further information regarding our treatment of your personal information, you are referred to our Personal Information Processing Policy.

  3. We have to protect our business and secure our systems. Consequently, you should note that we may monitor and keep records of any communication that you may send to or receive via our website and we may use, publish and disclose such communications for any lawful purpose. This may include our filtering of incoming and outgoing electronic data messages to identify, limit and/or prevent the transmission of unlawful or otherwise undesirable material or content.
Part B: Competitions

“Unless we expressly stipulate any deviation from the terms set out with respect to competitions, they will remain intact for all competitions held by us.”

  1. Unless expressly stated otherwise, these terms will apply to all competitions offered on this website. In the event of conflict between these terms and the rules applicable to any specific competition, the specific competition's rules will prevail. Specific competition rules will be made available on www.termsconditions.co.za. The competition offer will set out at least the following:
 
  • The prizes on offer;
  • The steps required to participate;
  • The basis for determining the winners;
  • The closing date;
  • How the winners will be made known;
  • Where, when and from whom prizes are to be claimed;
  • The address of the webpages where the competition rules and these terms can be obtained.
 
  1. All competitions offered on this website will be open to local residents only unless expressly stated otherwise. We may also stipulate additional entry criteria for entrants to a competition (e.g. a minimum age) and any entrant failing to comply with such criteria may be refused entry.

  2. Anyone working for us or any entity in our group or for the supplier of the prizes for the relevant competition (including any director, employee, contractor, agent or consultant) and any person with more than 5% shareholding in any of our group entities, or for any of our advertising, media or public relations agencies, as well as any family members of any of the aforesaid are prohibited from entering any competitions offered on this website.

  3. The closing date for any competition will be as stated. The judges cannot accept responsibility for late entries.

  4. We will be entitled to all right, title and interest in all entries submitted, including all intellectual property rights. Entrants must do all things necessary, including the execution of any requisite documentation to transfer such rights to us, as and when requested.

  5. Any entrant may be required to submit proof of age. If you are not yet 18, you will be required to obtain your parents' or legal guardians' advance authorisation, permission and consent to participating in a competition or any of the related activities. If you fail to obtain such consent you may not participate in the competition or the related activities.

  6. The judge’s decision will be final. We will not enter into correspondence.

  7. All entrants' information will be used only in accordance with our Client Information Processing Policy.

  8. Where entry by SMS is applicable, SMSs are charged. Standard rates apply. Free rates do not apply.

  9. Any deviation from the rules and/or attempt to manipulate the outcome of the prize will result in disqualification.

  10. We reserve the right not to award a prize in any situation where it would be unlawful to do so.

  11. Multiple winners may be subject to tie-break to decide an outright winner.

  12. We may re-allot prizes if we are unable to contact selected winners. Please ensure that you provide the correct contact details.

  13. Your name and place of residence may be published when winners are announced.

  14. Winners may be requested to be photographed for publicity purposes or to participate in a radio or television broadcast or other marketing activity. No fees will be payable in this regard. Participation in any such marketing activity is voluntary and may be declined.

  15. No cash alternative is available to any prize unless expressly stated otherwise.

  16. Prizes are non-transferable in whole or in part, must be taken as stated and may not be sold to a third party. You must confirm acceptance of the prize as stated, failing which you will no longer be eligible for a prize, and that prize will be re-allotted.

  17. If any prize offered becomes unavailable for reasons outside of our control, we reserve the right to select an alternative prize of equivalent type and value.

  18. Where prizes involve travelling abroad, winners must be in possession of a valid passport, required visas and the relevant health certificates.

  19. We accept no responsibility for any incorrect or incomplete registration details that you may supply as part of your registration. No responsibility will be accepted for undelivered, lost or delayed entries. Proof of sending is not proof of receipt. Errors in entries may, in the judges' discretion, void entries.

  20. YOU ENTER OUR COMPETITIONS AT YOUR OWN DISCRETION AND RISK. WE, OUR AFFILIATES, COMPETITION PARTNER/S AND THEIR RESPECTIVE SHAREHOLDERS, EMPLOYEES, OFFICERS AND REPRESENTATIVES SHALL NOT BE LIABLE IN ANY WAY WHATSOEVER FOR ANY LOSS, DAMAGE, INJURY OR COSTS, HOWSOEVER ARISING, SUFFERED AS A RESULT OF YOUR PARTICIPATION IN A COMPETITION, SAVE TO THE EXTENT THAT SUCH LIABILITY MAY NOT BE EXCLUDED UNDER APPLICABLE LAW.
Part C: Complaints and General

“We continuously strive to make your experience with us better and better. If our products and/or services fail to meet your expectations, please contact us with any relevant personal and other information pertaining to your experience. We will endeavour to resolve your issue timeously and to your satisfaction.”

  1. We aim to provide you with a quality service. If, however, you feel that you have cause to complain, you can submit a form online or via email to our Customer Care Centre. We will try to do our best to resolve any problems that arise. We require that provide us with the following as part of your complaint:

  • Your full names, physical address, telephone number and email address;
  • The location and description of the service feature or transaction which is the cause of your complaint;
  • The problem with the service or transaction or rights that you allege to be infringed by such feature or component;
  • The actions you would like us to take to remedy the problem;
  • A statement confirming that you are making the complaint in good faith;
  • A statement confirming that the information you are providing to us is to the best of your knowledge true and correct;
  • Please incorporate your signature into the complaint.

  1. Use of this website is subject to the laws of the Republic of South Africa, and the exclusive jurisdiction of the Cape Town High Court provided that if any South African Lower Court has competent jurisdiction over your person to adjudicate on any dispute arising from or in connection with these Terms of Use, such Lower Court will also have jurisdiction to adjudicate the dispute notwithstanding that the amount in dispute may exceed such court's jurisdiction. You agree to accept service of legal process at the addresses you may provide to us when you use or subscribe to our website services.

“The terms and conditions set out on this page constitute the entire agreement between you and us with respect to the usage of our website and cannot be replaced by any terms and conditions set out by yourself.”

  1. These terms of use and the terms incorporated herein by reference and the relevant terms implied herein by applicable law constitute the entire agreement between you and us with respect to this site, the services offered here and any products and services acquired through this site. These Terms of Use shall override any contrary terms or conditions incorporated by you in your communications with us and any such conflicting terms or conditions will not form part of the agreement concluded between us.

  2. Our failure to enforce any provision of this agreement strictly will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable or invalid by any competent authority, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in force and effect to the fullest extent permitted by the law.

  3. You may not subcontract, cede, delegate, transfer or assign any of your rights, obligations or duties hereunder to any other person without our prior written consent. We may cede, delegate, transfer and assign our rights, obligations and duties hereunder to any other person.

  4. We will be excused from a failure to perform or delay in performance of our obligations hereunder if and to the extent that circumstances outside our reasonable control prevent or delay such performance.

  5. We will try to ensure that sensitive payment information (such as your credit card details) provided to us are suitably protected. For such purposes we will implement reasonable security measures which may include cryptographic techniques to protect such information. HOWEVER, WE DO NOT GUARANTEE THE ABSOLUTE SECURITY OF ANY INFORMATION YOU TRANSMIT TO US OR THAT IS TRANSMITTED TO YOU OR ANY OTHER PERSON.

  6. Attendance at any promotional event may be hazardous to the health or safety of the attendees or their property. YOU ATTEND PROMOTIONAL EVENTS AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR THE ARRANGEMENTS OF ANY PROMOTIONAL EVENT OR FOR YOUR SECURITY OR SAFETY OR THE SECURITY OR SAFETY OF YOUR PROPERTY IN ATTENDING SUCH EVENT. Please contact the relevant Event Organiser if you have suffered any loss or damage in attending an event.
Checkers Xtra Savings Card

“By signing up as a Checkers Xtra Savings member and using the related services, you agree to the terms and conditions set out on this page. Please ensure that you check back for updates that may occur periodically.”

a) Please read these terms and conditions carefully. Your use of the Checkers Xtra Savings Card services will be subject to the current version of these terms and conditions published on www.termsconditions.co.za at the time of your use. If you do not accept these terms and conditions, you may not use the Checkers Xtra Savings Card services and Shoprite may refuse to redeem the discounts issued to you. 

b) These terms and conditions contain specific provisions to limit Shoprite’s liability, allocated risk or liability to you or act as an acknowledgement of certain facts by you. 

c) Shoprite reserves the right, without notice and at its sole and absolute discretion, to make changes to these terms of use. Such changes will take effect when they are published. You should therefore read the terms of use each time before using the Checkers Xtra Savings Card services.

d) It is your duty to read Shoprite’s terms of use each time you use the Checkers Xtra Savings Card and related services.

e) If you continue to use the Checkers Xtra Savings Card and services after Shoprite’s amendments to these terms of use have been published, you will be deemed to have accepted such amended terms of use.

“To become an Xtra Savings member, you must be a South African citizen who permanently resides in the country and be +18 years old. Please do not reproduce or use the information on our channels other than to learn more about our products and services.”

f) Only persons with a valid identification or passport number and who are over the age of 18 years old may subscribe to the Checkers Xtra Savings Rewards Programme.

g) Only persons over the age of 18 may use the Checkers Xtra Savings Rewards Programme to purchase alcohol or tobacco products.

h) All information on the website and digital channels is provided by Shoprite Checkers (Pty) Ltd, or is licensed from various license holders. You may only use this information to assist in learning more about any particular product or service. You may not store, reuse or utilise this information for any commercial purpose.

i) You may not use any form of automated search or download technology to access this site unless with prior permission from us.

j) Participation in the Checkers Xtra Savings Rewards Programme and any discounts related to the use of the Checkers Xtra Savings Card or services will only apply once you have successfully completed the registration and activation of your Checkers Xtra Savings Card.

“You agree to our terms of use and to receive information from us relating to our products and services. You will, likewise, share certain personal information and give consent to Shoprite to process your information so we can improve our products/services to you.”

 
1. Customer Consent  

1.1 You confirm that you have read, understood and accepted these terms and conditions (including any terms limiting your ability to recover losses).

1.2 You further confirm that you have read, understood and accepted the Information Processing terms set out below. You therefore agree that your personal information may be processed according to these terms and conditions. This includes the sending of information about promotions which may be of interest to you via telephone, email, post, mail, Whatsapp, sms and physical delivery.

1.3 By supplying us with your personal information, you expressly consent to receive direct marketing communications from us in respect of various food and non-food items as well as financial products as offered by us. If, at any time, you wish to withdraw your consent to the aforementioned receipt of direct marketing communications, you will be entitled to do so by contacting our customer care centre.

1.4 You will at all times be in a position to request, where necessary, the correction, destruction or deletion of your personal information. Shoprite will process your request as soon as reasonably possible.

1.5 The deletion or destruction of your personal information may result in the termination of your participation in the Checkers Xtra Savings Rewards Programme as we may no longer be able to provide the services to you.

1.6 By accepting the terms and condition as set out herein, you confirm that you are aware of the information that is being collected by us and the purpose for which the information is collected.

2. Direct Marketing Communications

2.1 You may opt out from receiving any direct marketing from any of the above mentioned channels, either when you first subscribe to Shoprite’s goods or services or any time thereafter, when Shoprite sends you additional communications by exercising the opt out function on the channel used to communicate with you.

2.2 By subscribing to the Checkers Xtra Savings Rewards Programme you consent to Shoprite sharing marketing information with you telephonically, by mail, facsimile, SMS, Whatsapp, push marketing, electronic mail or any other communication method. 
 

“We collect information about you when you interact with our various channels or through entities/people who are permitted to share your data with us. We take every reasonable precaution to protect any and all information we collect on our customers.”

 
3. Information Processing

3.1 Use of your confidential and personal information

3.1.1 Shoprite is committed to protecting your privacy.

3.1.2 To make use of certain of Shoprite’s products and services you will be asked to provide Shoprite with certain of your personal and financial information. 

3.1.3 The choice of providing Shoprite with this information remains your own. 

3.1.4 Shoprite will not use or disclose your personal information without your permission, unless it has a legal duty to do so or is required to do so in the course of the provision of Shoprite’s services. 

3.1.5 If you choose not to provide Shoprite with this information, we may not be able to render the products or services you wish to select.

3.1.6 By subscribing to the Checkers Xtra Savings Rewards programme you consent that Shoprite may record and hold the following types of information about you:

3.1.6.1 All information contained in the forms or other documentation you submit to Shoprite and any other subsequent information or details you update or provide afterwards. This may include your name, contact details, age, identity/passport number, payment records;

3.1.6.2 Information Shoprite uses to process any application you submit to it;

3.1.6.3. Details of your preferences concerning Shoprite’s products and services;

3.1.6.4 Other demographic and lifestyle information;

3.1.6.5 The location of your use of the Checkers Xtra Savings Card at Shoprite;

3.1.6.6 Details of the accounts you hold and any transactions you have previously concluded with or through Shoprite; and

3.1.6.7 Details of when you contact Shoprite and when Shoprite contacts you. This includes for example, IP addresses, electronic mail addresses, cellular device ID, telephone numbers you contact Shoprite from and the content of the communications with Shoprite (which may be recorded).

3.1.7 Your information is needed for the following purposes:

3.1.7.1 To process applications and decide whether you qualify for Shoprite’s products or services and for making related decisions. This may include confirming your identity, credit status, contact details or financial track record from time to time;

3.1.7.2 To take such actions as may be required to enable and improve your use of Shoprite’s services;

3.1.7.3 To exercise Shoprite’s rights and comply with its duties in respect of any products or services it may provide to you. This may include processing and recording your requests and transactions, delivering Shoprite’s products and services to you, communicating with you concerning your use of Shoprite’s products and services and collecting payments you may owe Shoprite;

3.1.7.4 To make sure that the information Shoprite receives and records about you is and remains accurate, complete and up to date;

3.1.7.5 To prevent, investigate and prosecute any unlawful activities;

3.1.7.6 To comply with legal and regulatory requirements;

3.1.7.7 To conduct market research and business analysis, understand your preferences, learn more about the products and services that you are interested in and improve the products and services Shoprite offers you;

3.1.7.8 To inform and provide you with the chance to use products, services and benefits Shoprite offers and believes may be of interest to you (to the extent that Shoprite is legally permitted to do so); and

3.1.7.9 For such other purposes as you may agree to or as may otherwise be legally permitted, whether to protect Shoprite’s or your interests or those of Shoprite’s suppliers and other customers.

3.1.8 Shoprite may collect information about you as follows:

3.1.9 From you when you make use of any of its services when, for example you fill in an application or other form, submit a request, conduct a transaction (which may include buying Shoprite’s products) or use its web sites;

3.1.10 From public or private registers or institutions such as credit bureaus, money laundering, fraud prevention and law enforcement agencies;

3.1.11 From people and entities that Shoprite uses to provide services to it. This may include debt collection services, payment verification services, communication and data hosting services, processing and management services;

3.1.12 From any other persons you have permitted to provide information to Shoprite; and

3.1.13 From any other persons who may otherwise be legally permitted to provide Shoprite with information about you.

3.2 Protecting your information

3.2.1 Shoprite will, at all times, take steps to ensure that your information is protected against unauthorised or accidental access, processing or loss and will implement reasonable technical and organisational controls to do so.

3.2.2 Where Shoprite uses any other person or organisation to host, manage or process your data on its behalf, it will require them to implement the same or similar controls to protect your information.

3.2.3 As soon as reasonably possible (provided that Shoprite is not prevented from doing so by any law enforcement or regulatory agency), Shoprite will notify you by email or text message if it believes that unauthorised access to your information may have occurred. In such instance Shoprite will provide you with such information as you may reasonably require to protect your interests.
 
 

“We will only ever share your information with parties that do not form part of our value chain when required to do so by law. We also don’t sell information to third parties for marketing purposes and take comprehensive measures to keep your information safe.”

3.3 Sharing your information


3.3.1 You agree that Shoprite may transfer or make your information available to the following persons and organisations (whether they are located in or outside South Africa) in order to achieve the data processing purposes set out herein in order to ensure the functioning of Checkers Xtra Savings Card programme:

3.3.1.1 To the divisions and entities in the Shoprite Group. This includes its directors, employees, contractors, agents, auditors, legal and other professional advisors of the divisions and entities;

3.3.1.2 To your bank and to the other issuers of payment cards issued to you at your request; 

3.3.1.3 To any other person that supplies, supports or underwrites any products or services Shoprite provides to you, but only to the extent to which it relates to your subscription to and use of Shoprite’s products and services;

3.3.1.4 To governmental, judicial, regulatory and law enforcement bodies and agencies. This includes the South African Revenue Services and the National Credit Regulator;

3.3.1.5 To persons who provide services to Shoprite in relation to the products and services you obtain from it. This may include services such as delivery, data hosting and processing and management services;

3.3.1.6 To any person to whom Shoprite cedes, delegates, transfers or assigns any of its rights or obligations relating to the products or services provided to you or relating to any contracts Shoprite may conclude with you;

3.3.1.7 To any person that acts as your legal guardian, executor of your estate, curator or who acts in a similar capacity;

3.3.1.8 To any person that provides a guarantee or security for the performance of your obligations to Shoprite, but only to the extent to which it relates to the guarantee or security provided; and

3.3.1.9 To such other persons as may be permitted by law or to whom you may have given permission to receive your information from Shoprite. 
 

3.3.2 Please note that at all times, Shoprite will ensure that the persons to whom your information is transferred or made available, undertake to protect the confidentiality of your information in a manner similar to that set out herein.

3.4 Retention of personal information

Shoprite may retain your information collected for as long as you are registered to use Shoprite’s services or for long as we have reasonable business needs, such as managing our relationship with you and managing our operations and for at least three years after you stop doing so or request us to delete your profile, or for such longer period as may be required or permitted by law.

“You will need a registered account to buy certain goods and services from our website and are expected to keep your account details private. Also, you agree to promptly inform us if you suspect that your account has been used without your consent.”

3.5 Use of Shoprite’s Website 

3.5.1 Only registered users may order goods on the website. To register as a user, you must provide a unique username and password and provide certain information and personal details to Shoprite. You will need to use your unique username and password to access the website in order to purchase goods.

3.5.2 You agree and warrant that your username and password shall:


a)  be used for personal use only; and

b)  not be disclosed by you to any third party.

3.5.3 For security purposes you agree to enter the correct username and password whenever logging into any of our digital channels, failing which you will be denied access.

3.5.4 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 any activity hereafter occurring on our website and digital channels.

3.5.5 You agree to notify Shoprite 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.

3.5.6 By using the website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

3.5.7 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 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 website or the information contained herein, without the prior written consent from an authorised Shoprite representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).

3.5.8 You may not use the website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Shoprite representative.

3.5.9 When accessing any of Shoprite’s websites it collects certain information such as, your IP address (the unique number which your machine uses when it is connected to the Internet), what you looked at, whether the page you requested was successful or not, and which browser you used to view the pages. Your web browser will automatically store this information in a "cookie" on your computer's hard drive. "Cookies" are there to improve the way you use Shoprite’s websites. Most browsers accept cookies automatically, but you can usually change the settings of your browser to prevent this. Please note that, if you choose not to receive cookies, you may not be able to use all the features of Shoprite’s websites. The information collected in this way is used strictly for statistical and personalisation purposes only as it helps Shoprite understand which areas of its sites are of particular interest and also which pages are not being requested.

3.5.10 Shoprite may in its sole discretion terminate, suspend and modify its website & digital channels, with or without notice to you. You agree that Shoprite will not be liable to you in the event that it chooses to suspend, modify or terminate this website & digital channels other than for processing any orders made by you prior to such time, to the extent possible.

3.5.11 If you fail to comply with your obligations under these terms and conditions, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the website & digital channels without any prejudice to any claims for damages or otherwise that we may have against you.

3.5.12 Shoprite is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website & Digital Channels and/or have created multiple user profiles to take advantage of a promotion or coupon intended by Shoprite to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the website & digital channels), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Shoprite, in whole or in part, on notice to you. Shoprite Checkers shall only be liable to refund monies already paid by you (see Shoprite’s returns policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.

3.5.13 At any time, you can choose to stop using the website &  digital channels, with or without notice to Shoprite.

 

3.6 Your rights regarding your information

3.6.1 You have a right to know what information Shoprite retains about you and to whom it has disclosed such information.

3.6.2 You also have the right to ask Shoprite to correct or delete any information it holds about you. This may be because the information is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or because the information was illegally obtained.

3.6.3 It remains your responsibility to inform Shoprite of any changes to your personal information.

3.6.4 Shoprite will process your request as soon as reasonably possible.

3.6.5 Please note that Shoprite is only able to fulfill your request where permitted to do so by law and provided that doing so does not unreasonably prejudice its legitimate interests or those of any third party.

“You may only have one active Xtra Savings membership at a time and cannot transfer your rewards to another profile. Blocked, lost or stolen cards can be deactivated through one of our channels.”

4. Use of the Checkers Xtra Savings Card and Conditions

4.1 The Checkers Xtra Savings Card is issued by and remains the property of Shoprite, which reserves the right to issue, decline and withdraw a Checkers Xtra Savings Card at any time.

4.2 The Checkers Xtra Savings Card is not transferable and its benefits will accrue to the named Checkers Xtra Savings member only.

4.3 For all lost, stolen or defaced cards, contact 0800 33 33 85 or visit our Money Market counters in store. You can instruct Shoprite to block/deactivate your lost, stolen or defaced card and request a new card.

4.4 You may only have one active Checkers Xtra Savings Card linked to your ID/passport number.

“You accept that we may terminate the rewards programme under certain circumstances and omit certain goods/services from it. We may also disqualify any claims under certain conditions.”

4.5 Shoprite shall have the right to change or terminate the Checkers Xtra Savings Rewards Programme immediately and without notice, if deemed necessary in its opinion or if circumstances arise outside of its control.  In the event of such change or termination, you agree to waive any rights that you may have in respect of the Checkers Xtra Savings Rewards Programme and acknowledge that you will have no recourse against Shoprite or its agents.  

4.6 Shoprite reserves the right to exclude certain goods and/or services from the Checkers Xtra Savings Rewards Programme.

4.7 Shoprite reserves the right to disqualify any claim if fraud is suspected, including without limitation, through the manipulation of code or otherwise frequently falsifying data. 

4.8 You must provide Shoprite with true and accurate information. If you have given incorrect information, Shoprite reserves the right to decline your application or cancel your membership.

4.9 Members of the Checkers Xtra Savings Rewards Programme will automatically be entered into selected Checkers Xtra Savings’ promotional competitions after meeting the promotional entry requirement (like purchasing a participating product).

“As a member, you’ll enjoy automatic entry to selected and exclusive competitions. Any rewards, discounts or promo codes cannot be transferred or converted into cash and prices on our digital channels relate solely to your selected store of choice.”

4.10 .Only members of the Checkers Xtra Savings Rewards Programme will qualify as winners of the aforesaid competitions. In the event that you are removed as member of the Checkers Xtra Savings Rewards Programme, for whatever reason, your entry will be removed from the relevant promotional competition. 

4.11 Neither the promotional code nor the discount allowed on your Checkers Xtra Savings Card can be transferred, duplicated or sold and they have no cash value. Neither the promotional code nor the discount can be combined with any other discounts, codes or promotions.

4.12 Prices displayed on products or anywhere on our website and digital channels are indicative of the pricing in your selected store of choice. While every care is taken to avoid incorrect pricing on the website and digital channels, pricing errors may occur from time to time. We accept no obligation to honour the prices erroneously displayed on our website & digital channels. 

“You’ll also stand a chance to win up R1000 off on your total grocery spend when you swipe your Xtra Savings card. You will be notified if you win by our cashier and your winnings will be deducted from your total spend right at the till ”

5. Win Your Shopping Back Instantly To The Value Of R1000.00 

5.1 As a member of the Checkers Xtra Savings Reward Programme you will automatically stand a chance to win the value of your shopping back instantly to the value of up to R1000.00 (One Thousand Rand) for the duration of the programme, provided you swipe you Xtra Savings card.

5.2 Winners will be chosen as follows:

5.2.1 217 (Two Hundred and Seventeen) winners will be randomly selected from Checkers branded stores weekly;

5.2.2 36 (Thirty Six) winners will be randomly selected from Checkers Hyper branded stores weekly; and

5.2.3 10 (Ten) winners will be randomly selected from Checkers LiquorShop branded stores weekly.

5.3 Winnings will automatically be deducted off a winners cart total at the till instantly should they be a winner, which deduction will be up to the value of R1000.00 (One Thousand Rand).

5.4 Winners will be notified at the till if they are a winner by the stores cashier. This will also reflect on the customers till slip.

5.5 Shoprite reserves the right to name winners publicly. By signing these terms prize winners agree to the publication of their names by Shoprite.

5.6 Shoprite reserves the right to disqualify aby winner if fraud or cheating is suspected.

5.7 The prizes are not exchangeable for cash and are not transferable.

5.8 Shoprite reserves the right to use the images taken of winners for publicity purposes in any manner they deem fit, without remuneration being made payable to the winners. However, a winner has the right to object to these images being used by written notification to Shoprite at: Building 4B, cnr William Dabbs and Old Paarl Rd, Brackenfell, Att: Legal Department.

5.9 Shoprite has the right to change or terminate this promotional competition immediately and without notice, if deemed necessary in their opinion and if circumstances arise outside of their control. In the event of such change or termination, all participants agree to waive any rights that they have in respect of this promotional competition and acknowledge that they will have no recourse against Shoprite or its agents.

“You’ll have the option to contribute to a charity/ies of your choice when you sign up for Xtra Savings, however, you will not pay for opting in or for any donations we pay to the respective charity\(ies\) on your behalf.”

6. Swipe For Good

6.1 Upon registering your customer profile and linking your Checkers Xtra Savings card you will have the opportunity to opt in to make your swipes go even further. Upon opting into Swipe for Good you will be prompted to select the charity that you would like to have benefit each and every time you swipe. The charities include Lunch Box, Kids, NSPCA and Food & Trees for Africa.

6.2 As an Xtra Savings member you are able to change your charity of choice by logging in on our digital channels and choosing a new charity. The charities available may change from time to time without notice.

6.3 There is no cost associated with opting in to donate to a charity each time you swipe, you simply have to opt-in when registering or on your profile once registration is complete. Shoprite Checkers will donate to the charity on your behalf and communicate with you on a monthly basis on how donations are going.

6.4 For every 10 swipes a customer makes Shoprite Checkers will donate R3 to the customers chosen charity. Should a member choose more than one charity their donation will be split equally across their chosen charities.

“By signing up as a Checkers Xtra Savings member you agree not to place any liability on us for events that are, reasonably, outside of our control. In the event that we are liable for any claim, it won’t exceed the monetary value of the discount, reward or promotion in question.”

7. Liability

7.1 You hereby indemnify Shoprite, its employees and/or agents of any liability for any failure to perform or delay in performance caused by events outside of the reasonable control of Shoprite (for example strikes, trade disputes, accident, computer failure, breakdowns, power failures, shortages affecting Shoprite or Shoprite’s usual sources of supply or Shoprite’s means of delivery of the products or services), save to the extent that such liability cannot be excluded by applicable law.

7.2 Neither Shoprite, its agents, associated companies, nor any directors, officers or employees of such, shall be liable for any loss or damage, whether direct, indirect, consequential or otherwise arising from any cause whatsoever, which you or a third party may suffer regarding your participation in the Checkers Xtra Savings Rewards Programme or use of the Checkers Xtra Savings Card. 

7.3 Shoprite shall not be responsible for any lost, damaged, delayed, incorrect or incomplete applications for any reason whatsoever.

7.4 Shoprite shall not be responsible for the failure of any technical element relating to the Checkers Xtra Savings Card services that may result in a discount not being successfully redeemed. 

7.5 In the event that Shoprite is found to be liable in respect of any claim(s) in connection with the Checkers Xtra Savings Rewards Programme or any related discount, its liability will not exceed the monetary value of the discount, regardless of the reason for its liability, whether it stems from contract, statute or delict, save to the extent that such liability cannot be excluded by applicable law.

“Our legal system acts as final arbitrator to any disputes and any part of these terms and conditions may be held to be illegal or void by a court of law. You also understand that you may not transfer any of your rights to any other party with respect to this agreement. ”

8. General

8.1 These terms and conditions will be subject to and interpreted under the laws of the Republic of South Africa and the South African courts will have exclusive jurisdiction over any claim arising in connection herewith.

8.2 You may not assign or otherwise transfer all or any part of your rights or obligations under these terms and conditions. You agree that Shoprite may, in its sole and absolute discretion, transfer and assign all or part of its rights and obligations under these terms and conditions to one or more third parties chosen by it.

8.3 If any clause or sentence in these terms and conditions is held by a court of law to be void, illegal or unenforceable, the remaining provisions hereof will not be affected and will remain in full force and effect.