1. Introduction

   1. This website can be accessed at www.outdoorwarehouse.co.za ("the Website") and is made available by, Holdsport Group (Pty) Ltd (registration number 2022/407472/07)(" Holdsport Group", " we", " us" or " our").
      
   2. These Website Terms and Conditions ("Terms") governs the advertising and sale of an extensive range of services, goods and products including apparel, footwear, camping gear, hiking and travel goods and accessories, gadgets, tents etc. ("Products") as may be offered by Holdsport Group on the Website from time to time.
   3. These Terms are binding and enforceable against every person that accesses or uses the Website or registers as a user ("you" or "your"). By using the Website and/or by clicking on the "Register" button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms.
   4. If there is any provision in these Terms that you do not understand, it is your responsibility to ask Holdsport Group to explain it to you before you accept the Terms or continue using the Website.
   5. Holdsport Group permits the use of this Website subject to these Terms. By using the Website in any way, you shall be deemed to have accepted all the Terms unconditionally. You must not use this Website if you do not agree to the Terms.
   6. These Terms include all of the provisions further contained in the Holdsport Group Privacy Policy and acceptance of these Terms include acceptance of the Privacy Policy.
      
      

2. Important Notice

   1. These Terms apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 ("the CPA") and contain provisions that appear in similar text and style to this clause and which –
      1. may limit the risk or liability of Holdsport Group or a third party; and/or
      2. may create risk or liability for you; and/or
      3. may compel you to indemnify Holdsport Group or a third party; and/or
      4. serves as an acknowledgement, by you, of a fact.
   2. Your attention is drawn to these Terms because they are important and should be carefully noted.
   3. Nothing in these Terms is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or
      Holdsport Group in terms of the CPA.
      
      

3. Acceptance of these Terms

   1. By accessing and/or using the Website, you agree to be bound by the Terms.
   2. Holdsport Group may at any time modify any of the Terms and such modification will supersede and replace any previous terms.
   3. The amended terms will be made available on the Website and each time that You access the Website and/or use the Products or services offered via the Website, you agree to be bound by the Terms, as may be modified from time to time.
      
      

4. Content of the Website

   1. Whilst every effort is made to update the information provided on the Website on a regular basis,Holdsport Group 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.
   2. Holdsport Group 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.
      
      

5. Registration and Use of the Website

   1. Only registered users may purchase Products on the Website.
      1. If you use the “quick” / “Guest Checkout” functionality, you will be required to register at the conclusion of the checkout process by supplying a personal password (“password”)
         
   2. Before purchasing any products via the Website, you will be obliged to enter your user name or and personal password ("password") or other unique identifying information. Jointly we refer to the username and password and other unique identifying information as your "Access Codes".
      
   3. You undertake and warrant 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.
      
   4. On receipt of such notice from you, Holdsport Group reserves the right to reject any communication received from your profile, suspend the processing of any communications and orders not yet executed by Holdsport Group 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 Holdsport Group.
      
   5. Holdsport Group 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.
      
   6. You agree that Holdsport Group will accept and process your order for Products once the correct Access Codes have been entered, irrespective of whether the use of the Access Codes is unauthorised or fraudulent and that you will be liable for payment of such order, save where the order is cancelled by you in terms of these Terms.
      
   7. 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 to be liable and responsible for you and all your obligations under these Terms.
      
   8. 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 Holdsport Group representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
      
   9. 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 Holdsport Group representative.
      
      

6. VerificatioN
   

   1. 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 Holdsport Group 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 Holdsport Group and you will be bound by such instruction with no liability of whatever nature attaching to Holdsport Group in regard thereto.
      
   2. You waive any rights that you may have or obtain against Holdsport Group arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that Holdsport Group acts on your instructions/orders or instructions/orders purported to emanate from you and you indemnify Holdsport Group 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 thatHoldsport Group has acted on your instructions/orders or instructions/orders which purported to emanate from you.
      
      

7. Orders, confirmation & delivery

   1. The advertising of Products via the Website merely constitutes an invitation by Holdsport Group for you to make an offer to purchase Products and we remain entitled to reject any order without giving reasons therefore and without any liability to you.
      
   2. As erroneous information and/or prices may be displayed on this Website from time to time, you agree that Holdsport Group cannot be held liable for any inaccurate information and/or prices published on the Website, save where such liability arises from the gross negligence or wilful misconduct of Holdsport Group, its employees, agents or authorised representatives. We will not under any circumstances whatsoever be obligated to sell a Product at such erroneous price displayed on the Website. You are encouraged to contact us to report any possible errors by way of email to online@moresport.co.za or by contacting 0800 007 261 .
      
   3. Once you have selected the Product you wish to purchase and submitted your order to Holdsport Group, 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 "proceed" or "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 can be withdrawn by you.
      
   4. Holdsport Group reserves the right to cancel the order for any reason on notice to you and without any liability to you. Receipt of a confirmation of the order (which only constitutes acceptance by Holdsport Group 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.
      
   5. Please note: A transaction will only be deemed to have been concluded once the Product/service in question has been delivered in accordance with the selected delivery option or agreed process. Holdsport Group will indicate the acceptance of your order by delivering the Products to you or allowing you to collect them, and only at that point will an agreement of sale between you and Holdsport Group come into effect (the "Sale"). This is regardless of any communication from Holdsport Group stating that your order or payment has been confirmed. Holdsport Group will indicate any rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
      
   6. We reserve the right to withhold approval and / or cancel orders at our sole discretion.
      
   7. Placing Products in a wish list or shopping basket without completing the purchase cycle does not constitute an order for such Products, and as such, Products may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Holdsport Group liable if such Products are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
      
   8. Delivery times are estimates only and we are not liable for any late deliveries.
      
   9. We reserve the right to verify the identity of any purchaser or the payment method used. This may entail you being required to, amongst other, send us a copy of your identity document, proof of residence, copy of front and back of your credit card. Failure to do so may result in us cancelling the order without reason. If Holdsport Group approves your application you may be required to sign additional terms & conditions, which will form the basis of Holdsport Group's agreement with you. A copy of these terms can be obtained by calling our helpdesk on 0800 003 051. 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.
      
   10. Risk in the products shall pass to you or your authorized representative on delivery.
       
       

8. Performance and availability of Products

   1. Holdsport Group endeavours to execute all orders within the time period notified but by accepting these Terms, you acknowledge and agree that delivery of orders can from time to time fall outside of these time periods due to a number of reasons out of our control including but not limited to logistic delays. By accepting these Terms and transacting on the Website, you acknowledge that no liability is incurred by Holdsport Group in these instances.
      
   2. You acknowledge that stock of all Products on offer is limited and accept that the display of Products is not necessarily a guarantee that a Product is available.
      
   3. When Products are no longer available Holdsport Group will notify you and you will be entitled to a refund of the amount paid by you for such Products. Whilst Holdsport Group will take all reasonable efforts to monitor stock levels, we cannot guarantee the availability of stock and we will only be liable for delivery of the Products when the Products are available. Should the Products no longer be available, you shall be entitled to either be credited or refunded for any payments already made by you.
      
   4. For information on guarantees applicable to Products purchased by you, please see our warranties / guarantee policy.
      
      

9. Payments

   1. We accept payments via EFT, credit card, debit card or Discovery Miles.
      
   2. Debit/Credit card payments:
      1. We only accept MASTERCARD and VISA credit and debit cards. We will debit the total value of your online order against the payment card tendered by you during the check-out process.
      2. Payment will be effected on acceptance of your order and prior to delivery.
      3. By submitting your order, Identity Number and payment card details you warrant that you are over the age of 18 (eighteen) and that you are fully authorised to make payment with the payment card and that there are sufficient funds available to pay for the order.
      4. Where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your purchase of the Products will be cancelled.
         
   3. EFT/Instant EFT payments:
      1. If payment for the full amount does not reflect in our bank account within 14 days, your order will be cancelled. Payments for orders made via Instant EFT will be processed in the same way that Credit Card orders are processed.
         
         

10. Disclosures required in terms of Section 43 of the Electronic Communications and Transactions Act 25 of 2002

    1. Full name : Holdsport Group (Pty) Ltd
    2. Physical address : The Mill House, 1 Canterbury Street, Cape Town, 8001
    3. Telefax number : (021) 462 2244
    4. Telephone number : (021) 464 5100
    5. Website address : https://www.outdoorwarehouse.co.za
    6. E-mail address : customercare@outdoorwarehouse.co.za
    7. Company registration number : 2022/407472/07
       
    8. Credit Provider Number : NOT APPLICABLE
    9. Vat Registration Number : 4080 304 928
       
    10. Country of incorporation : South Africa
    11. Director details : B Moritz, N Mohamed, C Kula, M N J Levenstein, S A Young
        
    12. Physical address for receipt of service : The Mill House, 1 Canterbury Street, Cape Town
    13. A full record of your transactions can be accessed by clicking here. You may request a record of your transaction for up to 90 (ninety) days after which we will not be obligated to keep any records of your transactions.
        
        

11. Returns

    1. Please refer to the refunds policy, which sets out our policy regarding returns or exchanges.
    2. Nothing on our refunds policy or these Terms in any way limits your rights in terms of section 56 (read with section 55) of the CPA.
       
       

12. Cancellations

    1. You are, in terms of section 44 of the Electronic Communications and Transactions Act 25 of 2002 ("ECT Act") entitled to cancel, without reason and without penalty, your order for the Products within 7 (seven) days of receipt of the Products. In such an event -
       1. you will receive a full refund of the purchase price within 30 (thirty) days of the date of your cancellation of the order;
       2. you undertake not to utilise the Products;
       3. your agreement of purchase will be deemed to have been cancelled, and
       4. you will be liable, in terms of section 44(2) of the ECT Act, for the direct costs of returning the products, such as courier and/or shipping charges.
          
    2. If for any reason you would like to cancel an order this may be done by contacting our Customer Care Line on 0800 007 261. You will only be able to cancel orders up to 17:00 on the day prior to the date of delivery.
       
    3. If you cancel your order later than 7 (seven) days of receipt of the Products, we reserve the right to debit your payment card for the delivery fees in respect of any late cancellations. If you cancel your payment for any reason or if your payment card 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. Without prejudice to any other rights or remedies in law, we reserve the right to cancel forthwith any sale and/or your registration in the event of your breach of any of these Terms.
       
       

13. Gift Cards & Vouchers

    1. Holdsport Group may from time to time make physical or electronic gift cards (“Gift Cards”) and promotional vouchers or discounts (“Vouchers”) available for use on the Website towards the purchase of the Products. Gift Cards and Vouchers can only be redeemed while they are valid and their expiry dates cannot be extended.
       
    2. Gift Cards:
       1. Gift Cards are available for purchase online and in store.
       2. Gift Cards that are purchased online by registered users are valid for a period of 3 (three) years after Sale. If your Gift Card has not been used within that period, it will expire and you will not be entitled to a refund.
       3. Gift Cards cannot be used to buy other Gift Cards. They do not accrue interest and are not refundable for cash once purchased. If your Gift Card value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods as provided for in these Terms.
          
    3. Holdsport Group is not responsible for any loss or unauthorised use of a Gift Card, after it has delivered the Gift Card to you or the email address nominated by you.
       
    4. Vouchers:
       1. Vouchers are issued in Holdsport Group sole discretion and we reserve the right at any time to correct, cancel or reject a Voucher for any reason. Users do not have a right to Vouchers. Vouchers are issued under specific terms and conditions regulating when and how they may be used.
       2. As a general rule, and unless specified otherwise on the specific Voucher itself:
          1. each Voucher can only be used once;
          2. only one Voucher can be used per person per promotion/campaign on the Website;
          3. a Voucher must be used at check-out. It cannot be used later on existing orders; and
          4. the value of the Voucher will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
       3. Vouchers cannot be used to buy Gift Cards or other Vouchers, and cannot be exchanged or refunded for cash or credit. If for any reason a Voucher does not reflect on the final amount due from you at check-out, you can contact Holdsport Group to confirm if the Voucher is still valid. If the voucher is still valid, you can choose whether to cancel the order and place it again with the Voucher, or you can complete the current order and use the Voucher on your next order.
       4. Holdsport Group is not responsible for any loss or unauthorised use of a Voucher.
          
          

14. Privacy and Security

    All personal information obtained by Holdsport Group 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 Holdsport Group to protect information transmitted via the Website are also set out in the privacy and security policy.

    1. Copyright and Intellectual Property Right
       
    2. Copyright and all intellectual property rights in all materials, texts, images, drawings and data made available on Website (collectively "the materials") are owned by Holdsport Group alternatively, Holdsport Group is the lawful user thereof and are protected by both South African and international intellectual property laws. You will not acquire any right, title or interest in or to the Website or the material. 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 Holdsport Group.
    3. Where any of the materials has been licensed to Holdsport Group or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
    4. The trademarks, names, logos and service marks (collectively "trademarks") displayed on Website are registered and unregistered trademarks of Holdsport Group. Nothing contained on Website should be construed as granting any licence or right to use any trademark without the prior written permission of Holdsport Group.
       
       

15. External links

    1. External links may be provided for your convenience, but they are beyond the control of Holdsport Group 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 Holdsport Group.
       
    2. When visiting external links you must refer to the external terms and conditions of use of such external links. 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 ofHoldsport Group.
       
       

16. Unlawful use

    1. 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 Holdsport Group against any loss, liability, damage or expense of whatever nature (whether direct or indirect) which Holdsport Group 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.
       
    2. Warranties, Disclaimers and Limitation of Liability
       
    3. Save as set out in the Terms, Holdsport Group 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".
       
    4. Neither Holdsport Group or 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 Holdsport Group 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 are necessary to ensure the availability of the Website.
       
    5. You hereby indemnify Holdsport Group or its directors against any loss, liability, damage (whether direct, indirect 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, Holdsport Group 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. 
       
    6. Without limiting the generality of the aforegoing, Holdsport Groupshall 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.
       
    7. By accessing the Website, you warrant and represent to Holdsport Group 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 18 years of age you warrant that you have the consent of your legal guardian to enter into this agreement with Holdsport Group or that you have obtained legal status in another manner.
       
    8. Further to the provisions of our privacy and security policy, whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Holdsport Group, Holdsport Group shall not be liable for any loss or damage, however arising, suffered by you as a result of the disclosure of such information to the third party. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.
       
    9. We will use reasonable endeavors to maintain the availability of the Website, except during scheduled maintenance periods. 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. You agree that Holdsport Group will not be liable to you in the event that it chooses to suspend or terminate the Website other than for processing any orders made by you prior to such time and to the extent possible.
       
    10. In addition to the disclaimers contained elsewhere in these Terms, Holdsport Group also makes no warranty or representation, whether express or implied, that the information or files available on the Website 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 willful misconduct of the Company, its employees, agents or authorised representatives. Holdsport Group thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
        
        

17. Use of the Website

    1. Holdsport Group 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 Holdsport Group that you are legally entitled to do so and to make use of information and purchase the Products made available via the Website.
       
       

18. Address for Service

    1. The address for service for all purposes relating to these Terms including the giving of any notice, the payment of any sum, the serving of any process, is the address set out paragraph in 10.2 above and the telefax number set out in paragraph 10.3 above.
       
    2. Holdsport Group 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.
       
       

19. General

    1. Without detracting from the provisions of your account terms and conditions, the Terms constitute the sole record of the agreement between you and Holdsport Group in relation to your use of this Website. No indulgence or extension of time which either you or Holdsport Group 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.
       
    2. Holdsport Group shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these Terms
       
       
    3. All provisions of these Terms are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these Terms which is or becomes unenforceable in any jurisdiction, whether due to 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 shall remain in full force and effect.
       
    4. Should Holdsport Group 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 Holdsport Group 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 Holdsport Group 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, 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.
       
    5. For purposes of calculating any time periods GMT +2 shall be used.
       
    6. These Terms and conditions shall apply to all transactions you conclude via this Website.
       
    7. 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 govern a particular dispute and what content was published or functionality was available on the Website at a specific point in time.
       
    8. When you visit the Website or send emails to us, you consent to receiving communications from us electronically.
       
    9. The deeming provisions of the ECT Act are excluded to the extent that no message shall be deemed to have been received by us unless we acknowledge receipt thereof in writing. This does not detract from the fact that if you submit an order more than once you may have concluded a double transaction for which you will be liable and that a transaction will only be deemed to have been concluded between you and Holdsport Group on delivery/collection of the product or service.
       
       

20. Dispute Resolution

    1. These Terms and our relationship and/or any dispute arising from or in connection with 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.
       
    2. All disputes arising as a result of your use of the Website or on the interpretation of these Terms or on any matter which in terms of the Terms requires agreement by you and Holdsport Group, (other than where an interdict is sought, or urgent relief may be obtained from a court of competent jurisdiction), will be submitted to and decided by arbitration.
       
    3. That arbitration will be held with only you and Holdsport Group and your/our representatives present at the offices of the Arbitration Foundation of Southern Africa, Cape Town, South Africa. The arbitration will be governed by the rules of the Arbitration Foundation of Southern Africa in terms of South African law and will be heard by an arbitrator or arbitrators appointed by the Arbitration Foundation of South Africa. The arbitration award will be final and binding on you and Holdsport Group. We agree to keep the evidence in the arbitration proceedings and any order made by any arbitrator confidential. The arbitrator will have the power to give default judgment if either of us fails to make submissions on the due date and fails to appear at the arbitration.

1. We accept payments via EFT, credit card, debit card or Discovery Miles.
2. Debit/Credit card payments:
   1. We only accept MASTERCARD and VISA credit and debit cards. We will debit the total value of your online order against the payment card tendered by you during the check-out process.
   2. Payment will be effected on acceptance of your order and prior to delivery.
   3. By submitting your order, Identity Number and payment card details you warrant that you are over the age of 18 (eighteen) and that you are fully authorised to make payment with the payment card and that there are sufficient funds available to pay for the order.
   4. Where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your purchase of the Products will be cancelled.
3. EFT/Instant EFT payments:
   1. If payment for the full amount does not reflect in our bank account within 14 days, your order will be cancelled. Payments for orders made via Instant EFT will be processed in the same way that Credit Card orders are processed.

From time to time promotional competitions will be offered and conducted for Outdoor Rewards members. Each promotional competition will require a separate entry. The following general rules apply to all prize draws:

1. Each promotional competition ("competition") is sponsored and conducted by Holdsport Group (Pty) Ltd, registration number 2022/407472/07, trading as Outdoor Warehouse ("Promoter"). By entering the competition and/or accepting the prizes in terms thereof, all participants and/or winners agree to be bound by these terms and conditions together with any amendments thereto.
2. Competitions are not open to (i) a director, member, partner, employee, agent of, or consultant to the Promoter or any other person who directly or indirectly controls or is controlled by the Promoter or any marketing service providers in respect of the competition; (ii) a supplier of goods or services in connection with the competition; and (iii) the spouses, life partners, business partners or immediate family members of the parties referred to in (i) and (ii).
3. Competitions are open only to confirmed Outdoor Rewards members, who are 18 years or older and resident in the Republic of South Africa, where not prohibited by law from entering. The Promoter has the right to verify the eligibility of each participant.
4. No purchase or payment of any kind is necessary to enter to win.

Entries:

1. Participants are automatically entered into the competition if, in the 3 month period before the competition they (i) comply with the provisions of paragraph 3 above; and (ii) have swiped their Outdoor Rewards card or identified themselves with their unique customer number at the Promoter in respect of a valid purchase.
2. Participants may elect not to partake in the competition. Participants must notify the cashier at the Promoter of their intention not to enter the competition at the time of purchasing goods from the Promoter.
3. Participants will automatically be entered into a competition multiple times where they have made multiple purchases in the 3 month period leading up to the closing date of a competition, but a participant may not win more than one prize per draw.

Prize(s):

1. Participants stand a chance to win the prize(s) indicated in Annexure A hereto.
2. By entering the competition, participants agree and understand that there is no guarantee that they will win a prize.
3. Prizes are non-transferrable, non-refundable, non-exchangeable and cannot be redeemed for cash or other goods.
4. If any taxes, levies, duties, travel visa costs or any charges whatsoever are levied on a prize by any competent authority, the winner will be liable for these and the prize value will not be increased to compensate for such charges.

General:

1. By entering the competition, participants and the eventual winners thereof, indemnify, release and hold harmless the Promoter, its employees, directors and officers from and against any actions, claims, liability for injury, loss and damage of any kind resulting from the Promoter, the competition and/or the prize.
2. Winner/s will be randomly drawn by the Promoter or its representative at the Promoter's Head Office in Cape Town under the supervision of an independent third party, within 10 days after the closing date of the competition as indicated in Annexure A hereto. If for any unforeseen reason the draw cannot take place on the aforesaid date and time, then the Promoter will endeavour to conduct the draw within a reasonable period thereafter and shall provide details of the new draw date on the Promoter's website at www.outdoorwarehouse.co.za.
3. Winners will be contacted telephonically. If the Promoter (i) cannot contact a winner after 3 attempts have been made to reach him/her on their chosen contact number, and either the call is not answered or the call goes directly to voicemail; or (ii) if a winner declines to accept the prize for any reason, the prize will be forfeited and a new winner will be re-drawn.
4. All prize winners may be requested to have their name, city/region and/or photo as well as any statements made by them published on any marketing material or on Facebook, or may otherwise be requested to participate in any marketing events, but the participant may decline such invitation.
5. In the event of a dispute, the decision of the independent third party as to the winners is final and there will be no correspondence entered into in this regard.
6. The Promoter is not responsible if the competition cannot take place in the event of force majeure (acts of God) and no claim can be instituted by any participant should such an eventuality occur.
7. If an advertised prize is not available, or in the event of force majeure (acts of God) or an unavoidable delay due to conditions beyond the control of the Promoter, the Promoter reserves the right to offer a winner an alternative prize of equal or greater value.
8. The Promoter does not warrant that any prize will be free of defects, whether latent or patent, and furthermore does not warrant that it will be fit for any particular purpose. The Promoter will accordingly, otherwise than allowed in law, not be liable in the event of the prize having any kind of default or causing any harm.
9. Proof of identity will be required to collect a prize and the Promoter reserves the right to refuse payment or handing over of a prize to any potential winner who refuses to, or cannot provide sufficient documentation to verify their identity.
10. To the extent that a licence (e.g. a driver’s licence), travel documents (e.g. a valid passport) or permission (e.g. by a parent/guardian) is required in order to accept or use a prize, the winner must produce such licence, travel documents or permission for inspection by the Promoter prior to receiving the prize. If the winner does not or is unable to do so, the prize will be forfeited and another winner will be drawn under the same terms and conditions.
11. Individual prize draws are likely to have additional conditions which will be published with each prize draw promotion and entry into the draw for a prize signifies acceptance of these additional conditions.
12. The Promoter will be entitled to keep a record of the personal information of all winners of the competition for audit purposes as required by the Consumer Protection Act, No 68 of 2008 and the Consumer Protection Act Regulations. By entering into the competition, the participant consents to its personal information being processed for such purpose.
13. For specific rules relating to the competition, please see the additional conditions attached to these general rules as Annexure A.
14. Failure by a winner to comply with all of the above general rules, the additional competition rules or the terms of acceptance will be deemed to be a rejection of the prize and the winner will then be disqualified from receiving the prize.
15. If the entrant has done anything in relation to the competition which in the Promoter's discretion may provide an entrant with an unfair advantage over other entrants, unless these rules specifically allow such conduct, such entrant will be automatically disqualified from this and all future competitions run by the Promoter.
16. A copy of these general competition rules, as well as the Promoter's privacy policy, can be found on the Promoter's website at www.outdoorwarehouse.co.za.

In order to promote its brand, as well as the products sold by it, Holdsport Group(Pty) Ltd (reg. no.2022/407472/07) trading under the name of Outdoor Warehouse ("Outdoor Warehouse") is setting up a rewards membership programme (the "Outdoor Rewards") which will incorporate a host of incentives including competitions, VIP invitations to selected Outdoor Warehouse events and providing you with communications regarding in-store sales or other promotional events. By joining Outdoor Rewards, you agree to be bound by these terms and conditions as well as any amendments or updates thereto ("Membership Terms").

It is important that you carefully read these Membership Terms together with the Outdoor Warehouse privacy policy to ensure that you understand whether you are eligible to become a Outdoor Rewards member and what communications you can expect to receive from Outdoor Warehouse. If you do not comply with these rules, your membership of Outdoor Rewards may be terminated, within the discretion of Outdoor Warehouse.

These Membership Terms may be updated by Outdoor Warehouse from time to time. Please visit Outdoor Warehouses' website at www.outdoorwarehouse.co.za for the latest version of these Membership Terms.

Outdoor Warehouse reserves the right to cancel or discontinue Outdoor Rewards at any time for any reason whatsoever and written notification of such cancellation or discontinuance will be provided to you. The medium chosen for such a notification will be at the discretion of Outdoor Warehouse.

WHO MAY BECOME A MEMBER?

To be eligible to become a member of Outdoor Rewards you must be 18 years or older, shop in South Africa and have a South African identity number or foreign passport number.

Outdoor Rewards members may be issued with an Outdoor Rewards card when applying for membership in-store. However, it is not necessary to have a card to be a member or to identify yourself as a member. Your cell phone number is your unique customer number and can be quoted to a cashier in order to identify yourself as an Outdoor Rewards member.

As a member of Outdoor Rewards you are not permitted to transfer your membership to another individual.

Only you, the person to whom the membership is issued, may use or have access to the benefits arising from your membership with Outdoor Rewards. No secondary membership will be issued to family members or other third parties.

HOW TO JOIN

To join Outdoor Rewards you must either apply online via the Outdoor Warehouse website or in-store.

ONLINE APPLICATION:

• You must select the Join Outdoor Rewards option when registering an online profile at www.outdoorwarehouse.co.za ; or
• you must select the Join Outdoor Rewards option online at www.outdoorwarehouse.co.za if you already have an existing online profile; and
• you must indicate that you accept these Membership Terms.

IN-STORE APPLICATION:

• You will need to provide a cashier with your valid cell phone number, name and surname upon checkout at an Outdoor Warehouse store.
• NOTE: Applying for an Outdoor Rewards membership in-store provides you with only limited membership benefits. In order to obtain full membership benefits you will be required to provide subsequent information online. Such information includes (without limitation):
  • a valid email address;
  • creating a valid password in order to access your online profile; and
  • indicating that you accept these Membership Terms.

CHARGES TO JOIN

There is no charge to join Outdoor Rewards. The only possible charge (depending on how you register) will be the data cost to send your application, which will be dependent upon your service provider.

MEMBERSHIP PERIOD

Your membership with Outdoor Rewards starts when you complete the application process above and will end either if you delete your online profile, if Outdoor Rewards is terminated by Outdoor Warehouse, or if Outdoor Warehouse terminates your membership due to a breach of these Membership Terms or for any other reason deemed appropriate by Outdoor Warehouse.

MEMBER CONTACT INFORMATION

Certain Outdoor Rewards communications will only be sent to you via e-mail, sms or the Outdoor Warehouse app. Please ensure that we always have your correct contact details to ensure that you receive your Outdoor Rewards updates.

We cannot accept responsibility if you do not receive certain Outdoor Rewards updates or communications because you provided us with the incorrect contact details or have failed to update your contact details.

For clarity, it is a condition of membership that your contact information remains up to date.

Member details can be updated online at www.outdoorwarehouse.co.za, on the Outdoor Warehouse app or by contacting the Outdoor Warehouse call centre on 0800 007 261. Please note that if you contact the Outdoor Warehouse call centre you may be required to verify your identity.

PROMOTIONAL MATERIAL

By becoming a member of Outdoor Rewards and accepting these Membership Terms, you consent to Outdoor Warehouse providing you with promotional material from time to time concerning offers for products and services which may be of interest to you based on your past shopping behaviour. The promotional material may include certain discount offers or coupons on your next purchase which are redeemable within a specific time period and in respect of a specific category of products or services. When you receive promotional material relating to Outdoor Rewards via email you will always be given the option to unsubscribe, which, if selected, will result in you no longer receiving promotional material from Outdoor Warehouse.

Information about Outdoor Rewards competitions (including prize draws) will not be considered promotional material and as a member of Outdoor Rewards you will receive such information automatically.

PROTECTION OF PERSONAL INFORMATION

You know us as Outdoor Warehouse, but in fact we are a company called Holdsport Group(Pty) Ltd that includes the Outdoor Warehouse and Sportsmans Warehouse businesses.

When you share your information with one of these businesses, you may also be sharing it with the other. In some instances you may also be sharing your information with other companies that help us provide services to you (e.g. the company that delivers your online shopping).

We use your personal information to create a profile for you. We keep your personal information private, and only disclose it to other companies if you ask us to, or if they need it to help us provide services to you. To learn more about how we use your personal information, please see our Privacy Policy here.

By joining Outdoor Rewards, you consent to letting us process your personal information for the purposes of sending you information, keeping up to date with customer trends and improving your customer experience.