TERMS OF SERVICE
Detailed description of goods and/or services. T&Cs for shop and payment processor PayGate.
1. DECANTER LIQUOR is a business in the liquor industry that and offers an online shop for premium liquor along with a store called TOPS DECANTER.
2. Delivery policy Subject to availability and receipt of payment, requests will be processed within 24 hours and delivery confirmed for the next day using a courier service.
3. Export restriction (Optional) The offering on this website is available to South African clients only.
4. Return and Refunds policy The provision of goods and services by DECANTER LIQUOR is subject to availability. In cases of unavailability, DECANTER LIQUOR will refund the client in full within 30 days. Cancellation of orders by the client will attract a 5% administration fee.
5. Customer Privacy policy DECANTER LIQUOR shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.
6. Payment options accepted Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the DECANTER LIQUOR bank account, the details of which will be provided on request.
7. Card acquiring and security Card transactions will be acquired for DECANTER LIQUORvia PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
8. Customer details separate from card details Customer details will be stored by DECANTER LIQUOR separately from card details which are entered by the client on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za.
9. Merchant Outlet country and transaction currency The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
10. Responsibility DECANTER LIQUOR takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
11. Country of domicile This website is governed by the laws of South Africa and DECANTER LIQUOR chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
12. Variation DECANTER LIQUOR may, in its sole discretion, change this agreement or any part thereof at any time without notice.
13. Company information This website is run by DECANTER LIQUOR based in South Africa trading as TOPS DECANTER and with registration number 2004/0178/6/23 Company Physical Address: PO BOX X8 478 NORTHRIDING Email: [email protected] Telephone:0113260599
TABLE OF CONTENTS
These Terms of Use constitute a legally binding
agreement made between you, whether personally or on behalf of an entity (“you”) and DECANTER LIQUOR
("Company
", “we”, “us”, or
“our”), concerning your access to and use of the decanterliquor.co.za website as well as any other media form, media
channel, mobile website or mobile application related, linked, or otherwise connected thereto
(collectively, the “Site”).
We are registered in
South Africa
and have our registered office at 113 Bram Fischer
Dr, Ferndale, Randburg, 2194
, Johannesburg
, Gauteng
2194
.
You agree that by accessing the Site,
you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL
OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
Supplemental terms and conditions or documents that may
be posted on the Site from time to time are hereby expressly incorporated herein by reference. We
reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason
. We will alert you about any changes by updating the “Last updated” date of these Terms of Use,
and you waive any right to receive specific notice of each such change. Please ensure that you check the
applicable Terms every time you use our Site so that you understand which Terms apply. You will be
subject to, and will be deemed to have been made aware of and to have accepted, the changes in any
revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are
posted.
The information provided on the Site is not intended for
distribution to or use by any person or entity in any jurisdiction or country where such distribution or
use would be contrary to law or regulation or which would subject us to any registration requirement
within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other
locations do so on their own initiative and are solely responsible for compliance with local laws, if
and to the extent local laws are applicable.
The
Site is intended for users who are at least 18 years old. Persons under the age
of 18 are not permitted to use or register for the Site.
Unless otherwise
indicated, the Site is our proprietary property and all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and
graphics on the Site (collectively, the “Content”) and the trademarks, service
marks, and logos contained therein (the “Marks”) are owned or controlled by us or
licensed to us, and are protected by copyright and trademark laws and various
other intellectual property rights and unfair competition laws of the United
States, international copyright laws, and international conventions. The Content and the Marks are
provided on the
Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms
of Use, no part of the Site and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
Provided that you
are eligible to use the Site, you are granted a limited license to access and
use the Site and to download or print a copy of any portion of the Content to
which you have properly gained access solely for your personal, non-commercial
use. We reserve all rights not expressly granted to you in and to the Site, the Content and the
Marks.
By using the Site, you represent and warrant
that:
(1) you have the legal capacity and you agree to
comply with these Terms of Use;
(2) you are not a
minor in the jurisdiction in which you reside
; (3) you will not access the Site
through automated or non-human means, whether through a bot, script or
otherwise; (4) you will not use the Site for any illegal or
unauthorized
purpose; and (5) your use of the Site
will not violate any applicable law or regulation.
If you provide any
information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend
or terminate your account and refuse any and all current or future use of the Site (or any
portion thereof).
We make every effort to display as accurately as possible the colors,
features, specifications, and details of the products available on the Site. However, we do
not guarantee that the colors, features, specifications, and details of the products will be
accurate, complete, reliable, current, or free of other errors, and your electronic display
may not accurately reflect the actual colors and details of the products.
All products are subject to availability
,
and we cannot guarantee that items will be in stock
. We reserve the right to
discontinue any products at any time for any reason. Prices for all products
are subject to change.
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- PayPal
You agree to provide current, complete, and accurate
purchase and account information for all purchases made via the Site. You further agree to promptly
update account and payment information, including email address, payment method, and payment card
expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be
added to the price of purchases as deemed required by us. We may change prices at any time. All payments
shall be in Zar.
You agree to pay all charges at the prices then in
effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen
payment provider for any such amounts upon placing your order.
We reserve the right to correct
any errors or mistakes in pricing, even if we have already requested or
received payment.
We reserve the
right to refuse any order placed through the Site. We may, in our sole discretion, limit or
cancel quantities purchased per person, per household, or per order. These restrictions may include
orders placed
by or under the same customer account, the same payment method, and/or orders
that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in
our sole
judgment, appear to be placed by dealers, resellers, or distributors.
6.
RETURN
POLICY
All sales are
final and no refund will be issued.
You may not access or use
the Site for any purpose other than that for which we make the Site available. The Site may not be
used in connection with any commercial endeavors except those that are specifically endorsed or
approved by us.
As a user of
the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Site.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Use the Site to advertise or offer to sell goods and services.
- Sell or otherwise transfer your profile.
8. USER
GENERATED CONTRIBUTIONS
The
Site does not offer users to submit or post content. We may provide
you with the opportunity to create, submit, post, display, transmit,
perform, publish, distribute, or broadcast content and materials to
us or on the Site, including but not limited to text, writings,
video, audio, photographs, graphics, comments, suggestions, or
personal information or other material (collectively,
"Contributions"). Contributions may be viewable by other users of
the Site and through third-party websites. As such, any
Contributions you transmit may be treated in accordance with the
Site Privacy Policy. When you create or make available any
Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the
Site or the Marketplace Offerings in violation of the foregoing violates these Terms of
Use and may result in, among other things, termination or suspension of your rights to
use the Site and the Marketplace Offerings.
9. CONTRIBUTION
LICENSE
You and Site agree that we
may access, store, process, and use any information and personal data that you provide following the
terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or
other feedback regarding the Site, you agree that we can use and share such feedback for any purpose
without compensation to you.
We do not assert any
ownership over your Contributions. You retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights associated with your Contributions. We are
not liable for any statements or representations in your Contributions provided by you in any area
on the Site. You are solely responsible for your Contributions to the Site and you expressly agree
to exonerate us from any and all responsibility and to refrain from any legal action against us
regarding your Contributions.
10. GUIDELINES
FOR REVIEWS
We may provide you areas on the
Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:
(1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should
not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews
should not contain discriminatory references based on religion, race, gender, national origin, age,
marital status, sexual orientation, or disability; (4) your reviews should not contain references to
illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you
should not make any conclusions as to the legality of conduct; (7) you may not post any false or
misleading statements; and (8) you may not organize a campaign encouraging others to post reviews,
whether positive or negative.
We may accept, reject, or
remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to
delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not
endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates
or partners. We do not assume liability for any review or for any claims, liabilities, or losses
resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive,
worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce,
modify, translate, transmit by any means, display, perform, and/or distribute all content relating
to review.
11. SUBMISSIONS
You acknowledge and agree that
any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the
Marketplace Offerings ("Submissions") provided by you to us are non-confidential and shall become our sole
property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled
to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or
otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such
Submissions, and you hereby warrant that any such Submissions are original with you or that you have the
right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual
infringement or misappropriation of any proprietary right in your Submissions.
12. SITE
MANAGEMENT
We reserve the right, but not the
obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action
against anyone who, in our sole discretion, violates the law or these Terms of Use, including without
limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically
feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without
limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that
are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a
manner designed to protect our rights and property and to facilitate the proper functioning of the Site and
the Marketplace Offerings.
13. PRIVACY
POLICY
We care about data privacy and
security. Please review our Privacy Policy:
decanterliquor.co.za/privacypolicy.html. By using the Site or the Marketplace
Offerings, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.
Please be advised the Site and the Marketplace Offerings are hosted in
South Africa
. If you access the Site or the Marketplace Offerings from
any other region of the world with laws or other requirements governing personal data collection, use,
or disclosure that differ from applicable laws in
South Africa
, then through your continued use of the Site, you are transferring your data to
South Africa
, and you expressly consent to have your data transferred to and processed in
South Africa
.
14. TERM
AND TERMINATION
These Terms of Use shall remain
in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF
USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND
USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON
FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend your
account for any reason, you are prohibited from registering and creating a new account under your name,
a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the
third party. In addition to terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil, criminal, and injunctive
redress.
15. MODIFICATIONS
AND INTERRUPTIONS
We reserve the right to change,
modify, or remove the contents of the Site at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information on our Site. We also reserve the right
to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will
not be liable to you or any third party for any modification, price change, suspension, or
discontinuance of the Site or the Marketplace Offerings.
We cannot guarantee the Site
and the Marketplace Offerings will be available at all times. We may experience hardware, software, or
other problems or need to perform maintenance related to the Site, resulting in interruptions, delays,
or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the
Site or the Marketplace Offerings at any time or for any reason without notice to you. You agree that we
have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access
or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the
Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and
support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in
connection therewith.
16. GOVERNING
LAW
These terms shall be governed
by and defined following the laws of
South Africa
. DECANTER LIQUOR and yourself irrevocably consent that the courts of
South Africa
shall have exclusive jurisdiction to resolve any dispute which may arise in connection with
these terms.
17. DISPUTE
RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or
claim related to these Terms of Use (each "Dispute" and collectively, the “Disputes”) brought by either
you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt
to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations
commence upon written notice from one Party to the other Party.
Binding
Arbitration
Any dispute
arising out of or in connection with this contract, including any question regarding its existence,
validity, or termination, shall be referred to and finally resolved by the International Commercial
Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according
to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause.
The number of arbitrators shall be two (2). The seat, or legal place, or
arbitration shall be
johannesburg,
South Africa
. The language of the proceedings shall be english. The governing law of
the contract shall be substantive law of
South Africa
.
Restrictions
The Parties
agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full
extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right
or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures;
and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity
on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the
above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce
or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any
Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use;
and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then
neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be
illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that
court.
18. CORRECTIONS
There may be
information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to
the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We
reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information
on the Site at any time, without prior notice.
19. DISCLAIMER
THE SITE IS PROVIDED
ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
20. LIMITATIONS
OF LIABILITY
IN NO EVENT WILL WE
OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST
REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL
AT ALL TIMES BE LIMITED TO
$100.00 USD
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY
TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
21. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set
forth in these Terms of Use; (4) your violation of the
rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site
with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your
expense, to assume the exclusive defense and control of any matter for which you are required to
indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will
use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to
this indemnification upon becoming aware of it.
22. USER
DATA
We will maintain
certain data that you transmit to the Site for the purpose of managing the
performance of the Site, as well as data relating to your use of the Site. Although we perform regular
routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Site. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
23. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing
online forms constitute electronic communications. You consent to receive electronic communications, and
you agree that all agreements, notices, disclosures, and other communications we provide to you
electronically, via email and on the Site, satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND
TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR
VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules,
ordinances, or other laws in any jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting of credits by any means other than
electronic means.
24. MISCELLANEOUS
These Terms of Use and any policies or operating rules
posted by us on the Site or in respect to the Site constitute the entire agreement and understanding
between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use
shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest
extent permissible by law. We may assign any or all of our rights and obligations to others at any time.
We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause
beyond our reasonable control. If any provision or part of a provision of these Terms of Use is
determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed
severable from these Terms of Use and does not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment or agency relationship created between
you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will
not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you
may have based on the electronic form of these Terms of Use and the lack of signing by the parties
hereto to execute these Terms of Use.
DECANTER LIQUOR is not liable for any customer errors in purchases. Whatever
Product is shown that is what the user will get. From time to time if our website stock on hand is
not updated for a specific product, we will call user up and rectify the issue.
25. CONTACT
US
In order to resolve a complaint regarding the Site or to
receive further information regarding use of the Site, please contact us at:
DECANTER LIQUOR
113 Bram Fischer Dr, Ferndale, Randburg, 2194
Johannesburg
, Gauteng
2194
South Africa
Phone: 0027113260599
These terms of use were created using Termly's Terms and Conditions Generator.
