The Tsetseng Retail Group MySparTRG mobile application (the “App”) is available for download on compatible electronic devices. The App is owned and operated by Tsetseng Retail Group (Pty) Ltd (registration no.:) (“Tsetseng Retail Group”, “Tsetseng Retail Group MySparTRG”, “we”, “us” and “our”).
Our Postal address is P.O.Box 1309, Gaborone and our registerted address is Plot 25114, Riverwalk Plaza, Gaborone, Botswana. All legal documents must be served at this address. Tsetseng Retail Group’ telephone number is +267 3160911.
Should you have any queries concerning these terms and conditions or the Tsetseng Retail Group MySparTRG Food Application, please contact us via our App or call us on 3160911.
The App enables users to order and purchase food, beverages and other products (collectively the “Food”) and receive delivery to an address selected by the user.
These terms and conditions govern the ordering, purchase and delivery of products on the App.
These terms and conditions are binding and enforceable against every person that accesses or uses the App (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”).
By using the App, you acknowledge that you have read and agree to be bound by these terms and conditions. You must not use the App if you do not agree to the Terms and Conditions.
Tsetseng Retail Group reserves the right, without notice and at its sole and absolute discretion, to make changes to these terms and conditions. Such changes will take effect when they are published. Customers are encouraged to familiarise themselves with the content of these terms and conditions on a regular basis.
If you continue to use the App after our amendments to these terms and conditions have been published, you will be deemed to have accepted such amended terms and conditions.
2. Registration
You are required to register with us before using the app, including placing an online order.
It is your responsibility to ensure that the details provided by you on registration, or at any time, are accurate, complete and up to date. You are required to update your Tsetseng Retail Group MySparTRG registration details on the App as and when they change, so that we can contact you to communicate updates on your order when required.
3. Customer Consent
3.1 We need your consent for the use and processing of your information for you to use the App. If you have unsubscribed from receiving marketing notifications and/or marketing communications on the App, these will not be sent to you.
3.2 You further confirm that you have read, understood, and accepted the Information Processing terms set out in clause 6 below. You therefore agree that your personal information may be processed according to these terms and conditions insofar as you have provided the necessary consent.
3.3 You will always be in a position to request, where necessary, the correction, destruction or deletion of your personal information. Tsetseng Retail Group will process your request as soon as reasonably possible. For more information on this, please see our data privacy statement.
3.4 The deletion or destruction of your personal information may result in the termination of your use of the App as we may no longer be able to provide the service to you.
3.5 By accepting the terms and conditions 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.
4. Correct contact information is essential
4.1 Certain deals and promotions will be sent to you via direct marketing channels including email, sms, whatsapp or via our App. It remains your responsibility to ensure that we always have your correct contact details to ensure that you receive your offers and communications.
4.2 Due to the nature of the services, it is required that the correct delivery address is captured.
4.3 We cannot accept responsibility if you do not receive certain offers and communications or if a delivery fails due to incorrect details provided by you.
5. Direct Marketing Communications
5.1 By supplying us with your personal information and by consenting thereto, you agree to receive direct marketing communications from us on your chosen communications channel insofar as it relates to the use of the App.
5.2 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 updating your preferences on the APP.
5.3 Should you have opted-in to receive direct marketing communications, you may opt out from any of the above-mentioned channels, either when you first register on the App or at any time thereafter. When Tsetseng Retail Group sends you additional communications you can opt-out by updating your information in the APP.
6. Information Processing
6.1 Use of your confidential and personal information
6.1.1 We are committed to protecting your privacy.
6.1.2 To make use of the App and services you will be asked to provide Tsetseng Retail Group with certain details of your personal information so as to enable us to fulfil and deliver your orders.
6.1.3 The choice of providing Tsetseng Retail Group with this information remains your own. Please note that if certain information is not provided, we may not be able to provide you with the services.
6.1.4 Tsetseng Retail Group 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 the services to you.
6.1.5 By registering on the App and utilising the services you consent that Tsetseng Retail Group may record, use and hold the following types of information about you:
6.1.5.1 All information contained in the forms or other documentation you submit to Tsetseng Retail Group and any other subsequent information or details you update or provide afterwards. This may include your name, contact details, address, age, identity/passport number and transaction details.
6.1.5.2 Information Tsetseng Retail Group uses to process your registration on the App;
6.1.5.3 Other demographic and lifestyle information which is derived from your shopping patterns when using the App and or payment methods;
6.1.5.4 Your delivery address;
6.1.5.5 The location of your use of the App;
6.1.5.6 Details of when you contact Tsetseng Retail Group and when Tsetseng Retail Group contacts you. This includes for example email addresses, telephone numbers you contact Tsetseng Retail Group from and the content of the communications with Tsetseng Retail Group which may be recorded.
6.1.6 Your information is needed for the following purposes:
6.1.6.1 To process your registration on the App. This may include confirming your identity and contact details.
6.1.6.2 To take such actions as may be required to enable and improve your use of the App.
6.1.6.3 To make sure that the information Tsetseng Retail Group receives and records about you is and remains accurate, complete and up to date.
6.1.6.4 To conduct market research and data analysis, understand your preferences, learn more about the products and services that you are interested in and improve the products and services Tsetseng Retail Group offers you.
6.1.6.5 To inform and provide you with the chance to use products, services and benefits Tsetseng Retail Group offers and believes may be of interest to you to the extent that Tsetseng Retail Group is legally permitted to do so; and
6.1.6.6 For such other purposes as you may agree to or as may otherwise be legally permitted whether to protect Tsetseng Retail Group’ or your interests or those of Tsetseng Retail Group’ suppliers and other customers.
6.1.6.7 To issue promotional codes or vouchers and discounts to selected customers at Tsetseng Retail Group’ sole discretion, these promotional codes and discounts are to be used in accordance with conditions set out in the relevant communication.
6.2 Protecting your information
6.2.1 Tsetseng Retail Group 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.
6.2.2 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 a product or service to you.
6.2.3 Where Tsetseng Retail Group 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.
6.2.4 As soon as reasonably possible (provided that Tsetseng Retail Group is not prevented from doing so by any law enforcement or regulatory agency), Tsetseng Retail Group will notify you by email or text message if it believes that an unauthorised access to your information may have occurred. In such instances Tsetseng Retail Group will provide you with such information as you may reasonably require to protect your interests.
6.3 Sharing your information
6.3.1 You agree that Tsetseng Retail Group may transfer or make your information available to the following persons and organisations (whether they are located in or outside Botswana) in order to achieve the data processing purposes set out herein in order to ensure the functioning of App:
6.3.1.1 To the divisions and entities in Tsetseng Retail Group. This includes its directors, employees, contractors, agents, auditors, legal and other professional advisors of the divisions and entities, the latter stakeholders will have permission-based access only, to the extent that it is necessary for them to view your information;
6.3.1.2 To any other person that supplies, supports or underwrites any products or services Tsetseng Retail Group provides to you, but only to the extent to which it relates to your subscription to and use of Tsetseng Retail Group’ products and services;
6.3.1.3 To persons who provide services to Tsetseng Retail Group 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;
6.3.1.4 To any person to whom Tsetseng Retail Group cedes, delegates, transfers or assigns any of its rights or obligations relating to the Food delivery;
6.3.2 Please note that at all times, Tsetseng Retail Group 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.
6.3.3 To learn more about how we use your personal information, see our data privacy statement.
6.4 Retention of personal information
Tsetseng Retail Group may retain your information collected for as long as you are registered on the App or for long as we have reasonable business needs, such as managing our relationship with you and managing our operations and for at least 3 (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.
6.5 Your rights regarding your information
6.5.1 You have a right to know what information Tsetseng Retail Group retains about you and to whom it has disclosed such information.
6.5.2 You also have the right to ask Tsetseng Retail Group to correct or delete any information it holds about you, to find out more about this process please see our Data Privacy Statement. This may be because the information is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or because the information was illegally obtained.
6.5.3 It remains your responsibility to inform Tsetseng Retail Group of any changes to your personal information.
6.5.4 It can take up to 21 (twenty-one) days to respond to your request and we may charge a small fee.
6.5.5 Please note that Tsetseng Retail Group is only able to fulfil 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.
6.5.6 You are entitled, in terms of the Data Protection Act,2018 , to submit a complaint to the Data Protection Commissioner in the prescribed manner and form if you suspect interference with your personal information by us.
7. Passwords and security
When you register to use our App, you will be asked to create a username (a valid email address or cell phone number) and a password. You must keep this information confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your username and password. You agree that, once your correct username and password have been entered (in relation to the App), irrespective of whether the use of the username and/or password is unauthorised or fraudulent, you will be liable for payment of any resulting order. If you know or suspect that someone else knows your password, you should reset your password on the App as soon as possible.
If we have reason to believe that there is likely to be, or has been, a breach of security or misuse of our App, we may require you to change your password or we reserve the right to suspend your account without prior notification.
8. Accepting your order and creating an electronic contract
The steps required in creating the contract between you and us are as follows:
By using the App you are required to indicate your delivery address before browsing our product catalogue and placing an order. If your delivery address does not fall within an area currently serviced by Tsetseng Retail Group MySparTRG, you will notified by the store you selected.
We may at any time suspend or terminate the availability of this service in your area, or Food products on the App, at our sole discretion.
The final step in placing your order will be by confirming the accuracy of your basket.
Your order is confirmed on completion of the checkout process.
The final order amount may be higher or lower than the order value at order placement, due to:
Replacement products priced higher or lower than the products you ordered, should these be out of stock,
Products priced per kilogram, where the actual weight of the product selected by the fulfilment store may differ with the projected weight of the product on the App.
It is important to note that there is a possibility that the Tsetseng Retail Group MySparTRG App is offline from time to time which may result in advertised promotions not being triggered during checkout. There will in most instances be a pop-up informing you of this and in these circumstances, we will not honour these promotions and will not accept any liability of such promotions lost as a result thereof.
We will make available to you a VAT invoice, on the time of collection or delivery. The product pricing included in the invoice is the pricing applicable on the day that your order was placed on the app.
Non-acceptance of an order may be as a result of one of the following, but not limited to:
The product you ordered is not available from stock in the Store;
You do not meet the eligibility criteria to order certain regulated products (like liquor or tobacco products).
Stores may not sell liquor or tobacco products to you if you are under the age of 18 (eighteen) (regardless of any supervision by a parent or guardian). You may be requested to provide proof of your age before receiving any liquor or tobacco products ordered via the App. The delivery of an order containing any liquor or tobacco products may be refused and you will be held liable for all charges relating to such order, should you fail to provide adequate proof that you are 18 (eighteen) years of age or older, or if you appear to be under the influence of drugs or alcohol at the time of delivery or collection of such products. For the avoidance of doubt, the refusal of the delivery will apply to the entire order, and not only the liquor or tobacco products within this order.
All offers are subject to availability and while stocks last.
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. You may use the App only for lawful purposes and may not in any way (including without limitation by use of any robot, other automatic device or manual process) monitor, distribute, display, publish, copy, print, post, modify or otherwise use the App and/or the information contained therein without the express prior written consent of an authorised Tsetseng Retail Group representative.
9. Products ordered by weight
Where products are ordered by weight, our fulfilment store will endeavour to provide you with an amount as close to the requested weight as possible. The actual product weight you receive may exceed or be less than the weight requested.
Please note that the price charged will be solely based on the actual weight of the item that you received and not the requested weight. Tsetseng Retail Group MySparTRG will not be liable for any redelivery or remedy from products returned due to weight or cost differences.
10. Risk and Ownership of the goods
For the avoidance of doubt, the ownership and risk associated with your goods will be held by Tsetseng Retail Group MySparTRG up to and until the point at which they are handed over to you during delivery. Any damage, disappearance or theft of goods post-delivery will become the responsibility of the person who placed the order and against whom the contract is binding.
Please note that Tsetseng Retail Group MySparTRG cannot be held responsible for orders placed incorrectly on our App, even if the error was in good faith. Should an order error be discovered during the delivery process, any products not wanted may be returned to your nearest Tsetseng Retail Group store and will be fully refunded or replaced. Tsetseng Retail Group MySparTRG will not be responsible for delivering the originally intended item unless as part of a new delivery and/or subject to a further delivery charge. To avoid disappointment, please present your tax invoice as proof of purchase when discussing the returned products with a member of staff at our store. For the avoidance of doubt, no collection service will be provided by us for post-delivery.
11. Stock availability
Only products indicated as available on our App can be purchased. These products may differ by geographic region.
Since we carefully choose your goods in store, we may occasionally run out of stock before we can update our stock availability on the App. We endeavour to keep this to a minimum but provide the facility for you to select replacement options in the event that we are unable to fulfil your original request. Please refer to section 12 of these terms and conditions for more information regarding replacements.
12. Replacements
Whilst we make every effort to ensure that our stock availability on our App is as accurate as possible, from time to time we are unable to locate stock of a product that has been requested. In that situation we offer the following options which are to be selected on the App:
you may choose not to receive a replacement and you accept that we will not provide one.
The replacement option selected by you will apply to future orders.
The fulfilment store will endeavour to select a suitable replacement in the same price range of the original product ordered, subject to availability. The price of the replacement may exceed or be less than that of the original item, and for the avoidance of doubt, you will be charged the price of the replacement. Due to the subjective nature of selecting an appropriate discretionary replacement, your remedy, should you find any replacement inappropriate, is limited to returning the item to your nearest Tsetseng Retail Group store for a full refund or replacement. To avoid disappointment, please present your tax invoice as proof of purchase when discussing the return with a member of staff at our store.
For the avoidance of doubt, should you not want a particular replacement offered, we will not return with another preferred item to replace the unwanted one. This term extends to any product, not just those replaced. Please note that we will first fulfil as much of the originally requested product as is available, before providing the balance as a replacement.
13. Where we deliver to and restrictions thereof
dangerous delivery conditions that pose a health and safety risk for our delivery drivers and/or any assistant;
unavailability of free suitable and legal, parking space;
excessive distance between the vehicle offload point and the final customer handover point, including any unreasonable requirement or expectation to climb stairs or negotiate other physical obstacles;
repeated failed deliveries due to factors beyond the driver’s control, which may include but is not limited to: security complexes that do not allow deliveries or that struggle to reach the customer; the customer (or person nominated by the customer to receive deliveries) repeatedly not being available, or being younger than 18 for orders containing alcohol or tobacco; the place of residence not having a doorbell or means of notifying the customer that the driver is outside, etc.
We cannot accept responsibility for the provision of an incorrect delivery address. We will deliver to the address provided at the point of order submission.
14. Delivery and collection charges
A delivery fee is charged per order, for all delivery areas serviced by Tsetseng Retail Group. Tsetseng Retail Group reserves the right to adjust delivery charges, at any time and without prior notification.
15. Specific exclusions
Tsetseng Retail Group reserves the right to decline to fulfil any order, including bulk purchases of products on promotion or included in a special offer.
Promotions may be limited to a specific amount per purchase. This will usually be indicated on the offer. A customer must at all times adhere to these limits and we cannot be held liable for any purchase made over such a limit.
16. Minimum or maximum order restrictions
Orders are currently subject to a minimum order value of P250.00 (Two Hundred and Fifty Pula) – Tsetseng Retail Group MySparTRG reserves the right to amend this policy at any time and apply a new minimum order value without prior notification.
17. Product information and images
Images are provided to help you recognise products. Due to certain imagery quality (as provided by third parties), packaging redesign and improvements these may not always reflect exactly the item or pack you receive. Please note that these images should not be used to determine size or volume - please refer to the product information contained in the description and any other additional information as is made available.
Tsetseng Retail Group MySparTRG will endeavour to make as much product related information available on our App as is possible. However, this information is gathered from various third party sources outside of Tsetseng Retail Group MySparTRG and therefore we accept no responsibility and make no representation, nor give any warranty or undertaking, express or implied, as to the accuracy or completeness of any information provided on our App.
18. Minors
By using the App you warrant that you are over the age of 18 (eighteen) and that you have full legal capacity. If you are under the age of 18 (eighteen) or not legally permitted to enter into a binding agreement, then you may only use the App with the supervision and permission of your parent/legal guardian. If your parent or legal guardian supervises you and consents to your use of the App, then he/she agrees to be bound by these terms and conditions and will be liable and responsible for any actions taken by you or obligations arising under these terms and conditions.
Tsetseng Retail Group reserves the right to suspend a user from the Tsetseng Retail Group MySparTRG service should there be evidence of abuse of the credit request process.
19. Inadvertent and Obvious Errors
19.1 In the event that Tsetseng Retail Group detects any inadvertent and obvious errors in the product description, price, or image, Tsetseng Retail Group shall not be held responsible to supply the affected product. Tsetseng Retail Group shall rectify and inform you of any errors as promptly as reasonably possible.
19.2 Tsetseng Retail Group shall only be held responsible for refunding monies already paid by you.
20. Liability
20.1 You hereby indemnify Tsetseng Retail Group, 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 Tsetseng Retail Group (for example strikes, trade disputes, accident, computer failure, breakdowns, power failures, shortages affecting Tsetseng Retail Group or Tsetseng Retail Group’ usual sources of supply or Tsetseng Retail Group’ means of delivery of the products or services), save to the extent that such liability cannot be excluded by applicable law.
20.2 Neither Tsetseng Retail Group, 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 any orders placed on the App and the delivery thereof.
20.3 Tsetseng Retail Group shall not be responsible for any lost, damaged, delayed, incorrect or incomplete orders for any reason whatsoever.
20.4 Tsetseng Retail Group shall not be responsible for the failure of any technical element relating to the App and ordering of Food that may result in a discount not being successfully redeemed.
20.5 In the event that Tsetseng Retail Group is found to be liable in respect of any claim(s) in connection with the App or any order placed or any related discounts, 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.
21. General
21.2 You may not assign or otherwise transfer all or any part of your rights or obligations under these terms and conditions. You agree that Tsetseng Retail Group 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.
21.3 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 of full force and effect.