Terms of Use
Version number: 2
Effective date: 2 February 2016
PLEASE READ THESE TERMS OF USE CAREFULLYBEFORE USING THIS WEBSITE. By using this website, you signify your assent tothese terms of use. If you do not agree to these terms of use without modification,you may not use this website in any manner whatsoever.
These terms make reference to sections ofthe Electronic Communications and Transactions Act, 25 of 2002 (hereinafter“the ECT Act”), promulgated in the Republic of South Africa, a copy of whichmay be obtained at http://www.internet.org.za/ect_act.html.
TERMS OF USE
Your use of this website shall at all timesbe subject to these terms of use, as may be amended from time to time. It isyour responsibility to continually stay abreast of changes to these terms.
LIMITATIONS
The use this website is at your own risk.
Nothing on this website is intended as anoffer to do business.
Whilst we endeavour to ensure that theinformation on this site is accurate and complete, we make no warranties aboutthe accuracy, reliability, completeness or timeliness of information publishedon this website.
Whilst we endeavour to ensure that ourwebsite is always accessible, we make no warranties or representations as tothe level of uptime or speed of access that can be expected.
The information on this website is intendedfor general information purposes only and is not intended to serve asfinancial, legal or other advice.
TO THE MAXIMUM EXTENT POSSIBLE UNDERAPPLICABLE LAW, WE DISCLAIM LIABILITY FOR ANY CLAIM, LOSS, INJURY OR DAMAGEARISING OUT OF OR IN CONNECTION WITH THE USE OF INFORMATION AND/OR GOODS AND/ORSERVICES AVAILABLE FROM OR THROUGH THIS WEBSITE, WHETHER DIRECT OR INDIRECTINCLUDING, WITHOUT LIMITATION, ANY LIABILITY RELATING TO ANY LOSS OF USE,INTERRUPTION OF BUSINESS, LOST PROFITS OR LOST DATA, OR INCIDENTAL, SPECIAL ORCONSEQUENTIAL DAMAGES OF ANY KIND.
YOU UNDERTAKE TO INDEMNIFY US FROM ANYCLAIM, LOSS, DAMAGE OR INJURY OF WHATSOEVER KIND THAT MAY ARISE OUT OF OR INCONNECTION WITH YOUR USE AND/OR PUBLICATION OF INFORMATION ON THIS WEBSITEAND/OR THE PURCHASE OR USE OF GOODS AND/OR SERVICES AVAILABLE FROM OR THROUGHTHIS WEBSITE.
SALE OF LIQUOR
To the extent that this website may market,promote or advertise the sale of liquor, it is not intended for persons underthe age of 18 years and you are advised that liquor may not by law be sold orsupplied to persons under the age of 18 years.
AUTHENTICATED SERVICES
In the event that we issue you with logincredentials:-
it is your responsibility to ensure thesecrecy of your login credentials;
any activity on our website authenticatedwith your login credentials shall be deemed binding on and attributable to you;and
unless otherwise agreed in writing, we maysuspend or terminate access to any services on our website without notice toyou.
In terms of section 86 of the ECT Act youare notified that it is a criminal offence to gain unauthorised access to anyrestricted areas of this website or to otherwise interfere with the properfunctioning thereof.
LICENCE
The proprietary information on this websitemay be downloaded or printed for your own non-commercial use only, provided youdo not delete or change any copyright, trademark, or other proprietary notices,or distort or otherwise modify the proprietary information in a manner that maybe prejudicial to us.
All rights not expressly granted in termsof these terms of use are reserved. Any use of our proprietary information byyou, otherwise than expressly authorised in terms hereof, may violate copyrightlaws, trademark laws and other regulations and statutes and be liable forcriminal prosecution and/or civil liability.
In respect of any submitted data, whichshall include, without limitation, information, data and media:-
you agree to extend to us a perpetual,royalty-free licence to publish such submitted data on our site;
we will be entitled to treat such submitteddata as non-confidential; and
you warrant and represent that submitteddata shall not infringe any party’s rights or contravene any applicablelegislation.
PRIVACY OF PERSONALLY IDENTIFIABLEINFORMATION
Otherwise than set out in clause 6.2 and6.3 below, we will not disclose any personally identifiable or payment-relatedinformation (collectively “personal information”) to third parties withoutobtaining your prior consent.
We reserve the right to disclose aggregateand personally non-identifiable information to third parties.
We will not be prohibited from makingpersonal information available within our group of companies or to ourmarketing agents for our marketing purposes.
LINKING AND FRAMING
You may not establish a link to thiswebsite from a third party site, unless:
The link does not imply any association,endorsement or sponsorship by usof such website or any products or servicesoffered on such site.
The linked pages from the website aredisplayed without alteration of any kind; specifically, you may not cause auser's web browser to display a "framed" version of this web site inresponse to activating a link.
AUTOMATED ACCESS AND RESALE
Other than bona fide public search engines,you may not access any pages in this website using a computer program or anelectronic or other automated means used independently to initiate an action orrespond to data messages or performances in whole or in part, including,without limitation, any web spiders, crawlers, or similar technologies.
You may not in any manner resell thisservice, unless expressly authorised to do so in writing.
RESPONSIBLE USE OF WEBSITE
To the extent possible on this website, youmay not use this website or any related hosting infrastructure to:-
send or post unsolicited commercialcommunications;
publish information or material that:-
contains a visual presentation of explicitviolent sexual conduct, bestiality, incest or rape or extreme violence whichconstitutes incitement to cause harm;
results in any unreasonable invasion ofprivacy;
induces an unacceptable sense of fear oranxiety;
encourages or incites any person to engagein dangerous practices or to use harmful substances;
induces or promote racial disharmony;
causes grave or widespread offence;
debases, degrade or demeans; or
is unacceptable in our view.
ELECTRONIC COMMUNICATIONS
Any communication or material you transmitto us by electronic mail or otherwise, including, but not limited to, any data,questions or answers, comments, suggestions, or the like, will be treated asnon-confidential and non-proprietary by us, unless expressly agreed otherwisein writing.To the extent that your submissions may be published on thiswebsite, such publication shall at all times be subject to our discretionwhether to display, edit or delete such submissions.
Electronic communications shall only bedeemed to have been received if and when responded to in a manner, other thanby way of an automated response.
Electronic communications, including allattachments thereto, transmitted to you by usare subject to the followingspecific terms:-
Information contained in electroniccommunications must be regarded as confidential and intended solely for the useof the intended recipient. Any unauthorised disclosure, copying, distributionor action in reliance upon the contents of this electronic communication isstrictly prohibited and unlawful.
Whilst we employ virus filtering, weprovide no guarantees or warranties that electronic communication will bevirus-free. You are accordingly advised to employ your own virus scanningtools.
The views expressed in any electroniccommunications transmitted are those of the individual sender, unless thecontext clearly provides otherwise.
ENFORCEABILITY
Each provision of these terms of use shallbe severable from the other provisions. Should any provision be found by aCourt of competent jurisdiction to be invalid or unenforceable for any reason,the remaining provisions of these terms of use shall nevertheless remainbinding and continue with full force and effect.
JURISDICTION
Subject to clause 12 below, this Agreementshall be governed by and construed and interpreted in accordance with the lawof the Republic of South Africa. The parties agree that the High Court of SouthAfrica, Cape Division, shall have exclusive jurisdiction to hear any disputesthat may arise from this Agreement.
For the purpose of all proceedings hereunderthe parties consent to the jurisdiction of the magistrates’ court havingterritorial jurisdiction, notwithstanding that such proceedings are otherwisebeyond its jurisdiction. This clause shall be deemed to constitute the requiredwritten consent conferring upon the said court pursuant to section 45 of theMagistrates’ Court Act, 1994, provided, nevertheless, that any party shall havethe right at its sole option and discretion to institute proceedings in anyother competent court.
AMENDMENTS
We reserve the right to revise these termsof use at any time, with the revised terms taking effect as of the date of itsposting.
A certificate signed by the administratorof this website shall be prima facie proof of the date of publication andcontents of any version of these terms that may be applicable to a dispute orotherwise.
LEGAL COSTS
Should we instruct legal representatives totake any steps to enforce any rights in terms of these terms arising from abreach thereof, then you will be liable for all legal and incidental costs,including legal fees on the attorney and own client scale, collectioncommission and tracing charges.
INFORMATION DISCLOSURE
The following information is disclosed interms of section 43 of the ECT Act and section 51 of the Companies Act, 61 of1973:-
Full name and legal status: WhiskyLive (Pty) Ltd
Registration number: 1986/003559/07
Names of office bearers: WhiskyLive (Pty) Ltd
Place of registration: Republicof South Africa
Physical address: PinmillFarm, 164 Katherine Street, Sandton, 2191
Telephone number: 010 9002024
Website address: www.whiskylive.co.za
E-mail address: info@whiskylive.co.za
The physical address where we will receivelegal service of documents. Pinmill Farm, Block G, 164 Katherine Street,Sandton, 2191.
Alternative dispute resolution code towhich we subscribe and how the wording of that code may be accessedelectronically (if any) None.
Membership of any self-regulatory oraccreditation bodies to which that supplier belongs or subscribes and thecontact details of that body; (if any) None.
Code of conduct to which that suppliersubscribes and how that code of conduct may be accessed electronically (if any) None.
INTERPRETATION
When any number of days is prescribed inthis agreement, same shall be reckoned exclusively of the first and inclusivelyof the last day unless the last day falls on a Saturday, Sunday or publicholiday, in which case the last day shall be the next succeeding day which isnot a Saturday, Sunday or public holiday.
You warrant your legal capacity andauthority to accept these terms.
