Terms and conditions

Bushy Tails’s Terms and Conditions

1, Registration

                1.1  Passwords/ Security

                1.2  Privacy

2,  Subscriptions

                2.1  Registration

                2.2  Upgrade/ Downgrade

                2.3  Cancellation 

3, General

                3.1  Ownership

                3.2  Use of app / User comments

                3.3 Improper use

                3.4 Limitation of Liability/Indemnity 

                3.5 Accuracy of information

4, Modification of Terms & Conditions

5, Third party services

6, Online Sales

                6.1 Price and payments

                6.2 Orders / Cancellation of orders 

                6.3 Product Availability

                6.4 Specials

                6.5 Deliveries (Fees, Timeframe )

                6.6 Risk

                6.7 Returns

                6.8 Refund

7, Pet Coins/ Gift Vouchers

                7.1 NPO’s  Pet Coin Redeem Procedures

                7.2 VET’s  Pet Coin Redeem Procedures

 

 

 

  1. Registration :

1.1 Passwords/ Security

All subscribers (“users”) are bound by these terms and conditions (“Ts&Cs”). By registering on the app, you confirm that you’ve read and accepted these terms and conditions.

By registering on the Bushy Tails app, at the entry level , you agree to a minimum period of a six months subscription. This translates to a minimum fee of R 100.00 /month (Hundred rand only per month) being deducted from your bank account via the Bushy Tails pay fast facility, for six months. After which you can continue on a month to month basis.

The APP enables you to locate owners of lost pets, get notified if your pet get’s out and is seen by other members in your area, find pet related services in your area, report abuse and accidents, place adverts, shop online which will have an extensive range of pet supplies, and more!

Only registered users may order Goods from the online store and earn pet coins.

To register as a user, you must provide a unique username and password and provide certain information and personal details to Bushy Tails. This personal information will be treated in accordance with our Privacy Policy.

You agree and warrant that your username and password you use to log in is only to be used for personal use and not be  disclosed by you to any third party.

For security purposes you agree that failing to enter the correct username and password you will be denied access.

You agree to notify Bushy Tails 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.

You agree that, once the correct username and password relating to your account has been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, except in the  instance where the order is cancelled by you prior to the goods being dispatched.

Users  must not create a false identity, and update the information regularly. 

1.2 Privacy 

Bushy Tails is committed to protecting your privacy. This privacy policy explains how we collect customer information, and how we use it and what your access rights to the data are.

We ensure that your Personal Information is collected and processed in a lawful manner. We will always endeavour to protect this information and hold it in confidence. Personal Information supplied by you while making use of this Mobile App is provided voluntarily to us. If you choose to use our Service, then you acknowledge that such conduct constitutes an unconditional,            specific and voluntary consent to the processing (including storage) of such information.

When you register we may need the following information

your name and surname;

your email address;

your mobile number;

your physical address ; and

your date of birth; or ID number

your business details if you register as a business, or NPO

Your pets name’s type description , age, sex.

The private information required for executing the orders placed through this application, namely your personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence and not sold or made known to third parties. Only the necessary information, that is the name of user, delivery address and contact phone number will be made known to third parties delivering the product.

You are required to create a 12-character password to secure your account. You are responsible for making this password a strong, complex and unique one as well as to keep the password private and secure. Do not share this password with anyone. You are responsible for all actions processed through your account. If you suspect its misuse or compromise, you must report it to our Customer Careline email, info@bushytails.co.za  as soon as possible.

In-app menu activity information is also collected to facilitate improvements to content and assess consumption of content. Our servers may also automatically collect information about your mobile device when you access the Mobile App, including without limitation the type of browser software you use, the operating system you are running, and registered location of external IP   address. This is limited to standard header information all mobile devices share when interacting with mobile apps. We do not collect any non-standard header information. This data is used to facilitate improvements in our mobile app design and  functionality as well as to manage fraudulent or inappropriate use of the Mobile App.

Information associated with your account will be kept until your membership profile is deleted, or inactive for 6 months. If you wish to start using the App again after 6 months and your membership profile has been removed, you will have to start the  Registration Process all over again.

The app is not designed for users under the age of 13. Even then, children between the ages 13– 17 need to be registered with a parent or guardian present.  In the case a parent or guardian discovers that a child under 13 has provided us with personal information without their knowledge , please notify us and we will immediately suspend the account , until such a time that the parents or guardian authorizes Bushy Tails in writing to reinstate the account.

Bushy Tail reserve the right to verify your Id number.

 

 

 

 

 

 

  1. Subscription

2.1 Registration

By registering on the Bushy Tails app at any level, you agree to a minimum of 6 months subscription. This translates to a  minimum fee of R100.00 /month (Hundred rand only per month) being deducted from your bank account via the bushy tails pay fast facility for 6 uninterrupted  months.

2.2 Upgrade / Downgrade

You may register on a higher level, a minimum period of 6 months still applies!

After 6 months you may continue on the same level or  upgrade / downgrade from your current level. Your subscription will then go on a month to month basis.

Bushy Tails will offers different levels with different benefits in the future

1, Entry level R 100/month for minimum 6 months

 

2.3 Cancelation of subscription

Should you decide not to make use of the Bushy Tail app after 5 months of subscription, you need to give a 30 day written  notice to the Bushy Tails Team, so that they can ensure that after month 6, the debit order for the amount relevant to your  Membership Level is not deducted from your account!

 

  1. General

3.1 Ownership

The app is owned and run by Bushy Tails SA Pty LTD registration number 2019/059549/07, a company that is incorporated in the Republic of South Africa (hereinafter referred to as “Bushy Tails”). 

These App’s Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the App

The User agrees that ownership of all intellectual property rights, including the trade marks,  images photos, logos, any graphics design indicated on the app (whether registered or not), belongs to Bushy Tails and that it is not authorized to use, amend or exploit any of the intellectual property rights, which are protected by both South African and international intellectual property laws, including the trade marks in any manner whatsoever, without the prior written consent of Bushy Tails .

 

3.2 General Use

  1. By using the app 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 app 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.
  2. The User agrees that it will only use this app, the information contained herein and the online services in respect of the specific purposes for which it is created.
  3. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the app. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the app or the information contained herein, without the prior written consent from the owners of the Bushy Tails app.

 

3.3 Improper use

  1. You may not use the app to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful. Improper actions include, but are not limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties. These activities are prohibited by the laws of the Republic of South Africa
  2. The user may not disrupt or interfere with any other user’s enjoyment of such services or materials or any affiliated or linked sites;
  3. Users May not access or attempt to access any service or content which the User is not authorized to access;
  4. Users may not conduct any surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
  5. Users may not threaten, defame, abuse, harass, stalk or otherwise violate the legal rights (including the rights of privacy and publicity) of others;
  6. Users may not upload or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, without limitation, copyright, trademark, patents, designs, privacy and publicity laws unless the User owns or controls the rights thereto or has received all necessary authority to do the same;
  7. Users may not violate any laws or regulations of the Republic of South Africa or any other country applicable.

 

3.4 Limitation of Liability/ Indemnity                                                                                            

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

You are encouraged to contact us to report any possible malfunctions or errors.

Bushy Tails also makes no warranty or representation, whether express or implied, that the information or files available on the app are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt,  destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security     functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk  associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt,  compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer  system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Bushy Tails , its employees, agents or authorised representatives. Bushy Tails thus disclaims all liability for any damage, loss, or liability of any nature whatsoever.

 

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, free of latent defects, malicious software, or infringing content.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

 

In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, delict (including negligence), strict liability or otherwise, arising from your use of any of the services or any products procured using the service, or for any other claim related in any way to your use of the service or any product,  including, but not limited to any linked third party website or any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Bushy Tails is responsible for adhering to the Consumer Protection Act 68 of 2008(“CPA”) with the sale of any products from the site. Similarly, Bushy Tails is responsible for adhering to articles 43(5) and 43(6) of the Electronic Communication and Transactions Act in terms of payment systems and security. 

               

3.5 Accuracy of Information

The information, services and materials may not be 100% accurate and out of date, because the information was collected from a variety of sources. “Bushy Tails” takes no responsibility whatsoever for its accuracy as the information is intended for general information purposes only.

Although we are trying our best at the apps online shop to be accurate, the images of products appearance might vary from the item actually delivered, it is the user’s responsibility to ensure that the products that have been ordered, is the correct package size, flavour ,description…etc  and not rely on the images only.

 

 

  1. Modification of Terms & Conditions

At the main menu you will be able to see the most current version of the Terms & Conditions of Service.

We “Bushy Tails” reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service,  remove or add any functionality of the app without prior notice to the subscriber

By continuing to use the Bushy Tails App, this means the “User” accept all changes.

 

  1. Third Party Services

Certain content, products, and services available via our app, may direct the User to other websites (“Third Party Websites”) that are not affiliated with us. Third party services are made available only as a convenience. Please review carefully the third-party’s policies and make sure you understand them before you engage in any transaction. Using these Third-Party websites are entirely at your own risk and Bushy tails are not responsible for any loss, expense, claim or damage arising from its use.

 

  1. Online Sales

6.1a Pricing

We have made every effort to ensure that the regular retail price and, where applicable, the promotion price of all the products on the app are correct at the time of your purchase. If the product is offered at an erroneous price, Bushy Tails will not be obliged to supply the said product at the incorrect price.

 

6.1b Payments

We are committed to providing secure online payment facilities via Pay Fast.

Goods can be paid via

1, debit card.

2, credit card:  You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the app and the User further agrees that he/she will be liable for any claims, losses or damages of whatsoever nature in the event that the credit card has reached its maximum limit or the details provided to Bushy Tails are incorrect; is held in the name of any other person; and/or it has expired.

3, Using “Pet Coins “accumulated through the App.

4, Instant EFT.

 

The User shall not be entitled to reverse any payment made, for any reason whatsoever, where such amount is legally owing by the User to Bushy Tails.

No Deliveries will be made by Bushy Tails until it has received payment in full in respect of the Goods ordered by the User, and Bushy Tails shall have the right to suspend Deliveries if any amount due is unpaid.

 

6.2 Orders / Cancellation of orders

Orders: 

Our app allows the user to place electronic orders (“order”) for one or more products as long as the products are available.    Products on the Bushy Tails app cannot be reserved to be bought at a later stage, should you place an item in your basket  without completing the order Bushy Tails reserve the right to remove any item from your basket before the sale actually takes place in the event of the product going out of stock.

 

Orders placed online constitute your offer to purchase subject to these terms. On receipt of your order we will send you a   confirmation email describing the products and services you have ordered. These will help you to identify any fraudulent activity on your account or if you did place an order you can double check if the order is correct.

 

Cancellation: 

If for any reason you would like to cancel an order, this may be done before your order has been dispatched.

We reserve the right not to refund the delivery in respect of any late cancellations. If you cancel your payment for any reason, or if your payment method should cease to be valid for whatever reason, you will nevertheless be bound to pay the full purchase price, including all costs incurred by us relating to the recovery thereof.

 

6.3 Product Availability

Registered users may place orders for products. The order depends on the availability of products, correctness of the  information relating to the products (including without limitation the price) and receipt of payment.

Certain products or services may be available exclusively online through the app. These products or services may have limited quantities and are subject to return or exchange according to our Return Policy. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a             case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of     products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.

 

Bushy Tails  will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available,  that offers thereof are discontinued on the app. However, we cannot guarantee the availability of stock. When products are no longer available after you have placed an order, we will notify you and you will be entitled to a refund of any amount already paid by you.

 

6.4 Specials 

From time to time Bushy Tails will run promotions, the discount price is shown on the category browsing page and the product page, as well as the Regular Retail Price. Discounted price will be in red colouring

This offer is valid while stocks last or until date advertised on site.

We reserve the right to alter, amend or adjust the promotional guidelines.

Purchases made prior to the promotional period will not qualify.

Bushy Tails Returns Policy applies to any goods purchased on promotion.

The users might not earn pet coins on purchase of a promotional item.

 

6.5 Deliveries (Fees, Timeframe )

Fee: Free delivery on orders of R 1000 or more, any other delivery cost will be indicated on the checkout

Time: Delivery dates are estimates only, and as we process your order, we will inform you if any products or services on your order turn out to be unavailable or delayed for any reason.

Bushy Tails delivers from Monday to Friday, 08h00 till 17h00 and does not deliver on a Saturday, Sunday, and any South     African public holidays. Where we accept your order, we will deliver the products to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you either telephonically or electronically, if we are unable to deliver the products during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order. If you elect to cancel your order, we will reimburse you for the purchase price.

Your parcel will be delivered to the address you specify in the checkout process.  Where the Delivery Place is a remote area, which is not serviced by the Bushy Tails courier service agents, Delivery will be made via Post Office or to the nearest town to the User which is accessible by the Bushy Tails courier service agents within its normal routes. In these circumstances, the Company will be in contact with the Customer to arrange an alternative address. Please arrange that you or your authorised representative, who is a responsible person, is available to accept your purchases at the delivery address.  On delivery, we will require you or your authorised representative to sign and print your or their name on a duplicate copy of the delivery note, to confirm receipt.  Delivery will generally be made by a Bushy Tails appointed courier service agents. In case when Bushy Tails have outsourced the deliveries  accordingly, cannot, to the extent permitted by law, be liable for any damage suffered or loss incurred by reason of any acts or omissions of the courier.

A delivery is considered complete as soon as the parcel is handed to an individual at your specified delivery address. This also applies when the package has been handed over by the courier, as indicated in the courier’s tracking system. It is your responsibility, as buyer, to ensure that you or the intended receiver of the gift (when applicable) inspect(s) the parcel on arrival and makes known any justifiable complaints within 48 hours. The receiver has the right to refuse the parcel if it appears to have been opened or if it has clearly been damaged. Such complaints and claims must be brought to the attention of Bushy Tails

Should your parcel be missing, and you cannot track it on the courier website, you need to contact us

If the parcel is found, it will be sent to the specified delivery address by the usual procedure.

If the parcel is declared lost, we will notify you and reimburse you for the lost parcel (to the amount of the product purchase price and any relevant delivery fee).

6.6 Risk

Risk in and to any products sold to the User via the app shall pass to the User upon the products being delivered at the Place of Delivery 

 

If the Customer fails to take Delivery of the Goods ordered, or in any way delays the Delivery of Goods ordered the risk shall immediately pass to the User .

 

Where the products are returned the risk remains with the Users until delivery of the Defective Products to Bushy Tails has taken place.

 

6.7 Returns

Orders placed incorrectly or by mistake of user will need to be returned to the us on the user’s own account. No refunds will be made until the products are returned in good order to the specified location of Bushy Tails.

 

Should we have dispatched incorrect items – please notify us immediately or within the first 7 (seven) days of purchase. We will refund, exchange, or send the correct item to you free of charge.

Should your order received be Damaged – please notify us immediately or within the first 7 (seven) days of purchase. We will refund, exchange, or send a new item free of charge once we have inspected the goods.

Should your order be late, and you would like to rather return the item(s). Please notify Customer Services immediately. The returned product must be returned in its original, unused, and unopened condition and packaging. After receipt of the returned product, we will inspect the product and the refund will be processed within 10 working days after receiving the goods.

 

 

Non-returnable products

 

– Food or snacks.

Except for:  Dr Hahnz, Royal Canin and Eukanuba food items which may be returned if it is unpalatable provided that the bag of food is still at least two thirds full and you have not returned any food item for unpalatability in the preceding 12 months;

 

– Items of food that are damaged prior to receipt.

– where the expiry date on the item precedes the delivery date.

– Treatment products such as Tick & Flea tablets and sprays (except where the expiry date on the item precedes the delivery date).

– Items explicitly marked as non-returnable.

 

Certain products may come with a supplier’s guarantee. If so, this will be stated in the product listing on the site. Clear details of these guarantees are given in their listings and no user may ask to be covered by a wider-ranging guarantee other than the one shown on such product listing.

 

We supply certain products that you cannot return to us as they are perishable. Perishable goods include everything under our food category, and we are unable to refund or exchange items due to public and food safety regulations. If, however, your perishables have arrived damaged or expired we will replace or refund them when we are at fault.

 

6.8 Refund

Bushy Tails will refund a purchase for the exact amount paid less any delivery costs already incurred by us

Refunds will only be processed onto the payment method that was used when the order was created, and into the account it was paid from e.g. credit card, EFT or Pet coins

A refund can take up to 7 business days to reflect in your account, and EFT refunds are subject to verification of your banking details.

To verify your banking details, you will be required to supply the following information:

Proof of Payment;

ID number (not a copy of the ID) OR Company Registration number;

Proof of banking details.

 

Please note that if you have requested a refund as a credit on your profile it is considered a final decision and cannot be changed to another credit option later.

On special orders there will be a 5.5% administration fee charged.

 

  1. Pet Coins

 

“Pet coins“are loyalty points affiliated to Bushy Tails subscribers. They are only valid as long as the subscription fee is paid. Should a member stop paying the subscription Bushy Tails has the right to remove all earned Pet coins. Should the member wish to reactivate the subscription the pet coins balance will be 0 and must be built up from that.

10 Pet Coins equals R 1.00 in cash value. Your Pet coins balance can be viewed on the app under “My account “

 

Earnings:

Members can earn “Pet Coins” by either promoting the app – as a referral fee – or through various transactions within the app. (Eg: buying various products online)

When members are registered on the app they will receive a unique registration code. By sharing this unique link with friends and family members, you will earn Pet coins for each successful registration and subscription of a new member which is done by using your unique code.

Members will receive 10% of the total monthly subscription fees of all members who used their unique code in Pet coins  (Eg: a member shares his or her code with 100 friends who will subscribe to the app, the member will receive 10000 pet coins/month, for as long as those members continue to pay their subscription fee. 

 

Donation:

“Pet Coins“can be donated to a registered NPO on the list shown in the application

 

Redeeming “Pet Coins”:

They can be redeemed as a gift voucher with any of our participating partners via the Bushy Tails mobile app platform.

Vouchers will be sent either via SMS or email or can be picked up from the chosen outlet, after notification has been received.

 

Pet coins can also be used to pay for  merchandise/goods from the Bushy Tail online store.

NOTE: Pet Coins earned on returned items will be deducted from your balance.

 

               

7.1 NPO’s

Only Registered NPO members can redeem their “Pet Coins” from Bushy tails as a cash component. The cash value will be paid within 14 days to their nominated bank account. (Proof of Bank details will be required)

 

7.1 VETs

Registered Veterinary Practices will be able to redeem their pet coins as a cash component only to pay against a NPO’s or a under-privileged pet owner’s account.

Once a Vet has redeemed a specific amount of Pet Coins, using the “Bushy Tails” option, they need to send an email to

info@bushytails.co.za with the account details they wish to allocate the funds to. The cash value will be paid within 14 days to their nominated bank account. (Proof of Bank details will be required)

Bushy Tails will contact the account holder to notify them of the amount paid against their outstanding VET account.

Bushy Tails reserve the right to refuse the cash pay-outs to any clinic that misusing the paid funds.

 

Bushy Tails reserve the right to change all terms and conditions, conversion rates and allocation of “Pet Coins” without   prior notifications.