TERMS OF USE


IMPORTANT NOTICE

BY USING OUR WEBSITE AT WWW.VINIMARK.CO.ZA YOU SIGNIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND TO THESE TERMS OF USE. IF YOU DO NOT UNDERSTAND OR AGREE TO THESE TERMS, AS MAY BE AMENDED FROM TIME TO TIME, OR ARE NOT LEGALLY ENTITLED TO AGREE FOR ANY REASON, YOU MAY NOT ACCESS OR USE THIS WEBSITE. OUR TERMS OF USE CONTAIN IMPORTANT PROVISIONS THAT LIMIT YOUR DEFAULT RIGHTS AND OUR LIABILITY AT LAW. YOU SHOULD PAY PARTICULAR ATTENTION TO CAPITALISED TERMS.

  1. About us
    1. This website is published by Vinimark Trading (Pty) Ltd, a private company incorporated in South Africa under registration number 1987/000032/07 and with further particulars:
      1. Name of office bearers: Gysbertus Du Toit Naude, Cynthia Jordaan, Geoffrey Austin Harvey, Guy Christopher Pause, Rudiger Gretschel, Michael John Bosman, Abigail Charlotte Rands, Svend Vivian Rands, Eckhardt Gerber
      2. Place of registration: 5 Herold Street, Stellenbosch, Western Cape, 7600, South Africa
      3. Telephone number: +27 21 883 8043
      4. Website address: www.vinimark.co.za
      5. Email address: info@vinimark.co.za
      6. Physical address where we will receive legal service of documents: 5 Herold Street, Stellenbosch, Western Cape, 7600, South Africa.
      7. We promote and support the responsible consumption of alcohol and ascribe to the principles and code of conduct established by the Association for Alcohol Responsibility and Education. More information regarding the initiatives, education and industry support of the Association can be found at www.aware.org

  2. Your access and limitations
    1. The information on this website is intended for general information purposes only. Nothing contained on this website is intended as an offer to do business.
    2. Whilst we endeavour to ensure that the information on this website is accurate and complete, we make no warranties about the accuracy, reliability, completeness or timeliness of information published on this website.
    3. Whilst we endeavour to ensure that our website is always accessible, we make no warranties or representations as to the level of uptime or speed of access that can be expected.

  3. Promotion of liquor
    1. To the extent that this website may market, promote or advertise the sale of liquor, it is not intended for persons under the age of 18 years and you are advised that liquor may not by law be sold or supplied to persons under the age of 18 years.

  4. PElectronic communications
    1. Electronic communications directed to us shall only be deemed to have been received if and when responded to by us, other than by way of an automated response

  5. Intellectual property
    1. The proprietary information on this website may be downloaded or printed for your own non-commercial use only, provided you do not delete or change any copyright, trademark, or other proprietary notices, or distort or otherwise modify the proprietary information in a manner that may be prejudicial to us or the owner’s of any such copyright, trademark or other proprietary notices or information.
    2. All rights not expressly granted by these terms of use are reserved. Any use of our proprietary information by you, otherwise than as expressly authorised, may violate copyright laws, trade mark laws and other regulations and statutes and be liable for criminal prosecution and/or civil liability.
    3. In respect of any submitted data, which shall include (without limitation) information, data and media:-
      1. you hereby grant to us an irrevocable, perpetual, royalty-free licence to publish such submitted data on our website;
      2. we will be entitled to treat such submitted data as non-confidential; and
      3. you warrant and represent that submitted data shall not infringe any party’s rights or contravene any applicable legislation.

  6. Personal information
    1. We will process any personally-identifiable information in a lawful manner and only use such information for the disclosed purpose.
    2. If you submit any personally-identifiable information you voluntarily consent to our processing thereof for such disclosed purpose, for instance if you subscribe to our newsletter or other communications via our website, we will use your information to send you the relevant material.
    3. We will take all steps required by law to protect any personally-identifiable information submitted to us.
    4. We may use ‘cookies’ to facilitate the proper functioning of our website. By using this website, you consent to the use of cookies. If you deactivate cookies in your web browser, our website may not be able to function properly or at all.

  7. Security
    1. You are notified that it is a criminal offence in terms of Chapter 13 of the Electronic Communications and Transactions Act No. 25 of 2002 to gain unauthorised access to any restricted areas of the website, or to otherwise interfere with the proper functioning of the website or any data originating or being received by the website.
    2. You may not attempt to compromise, overcome, defeat or modify any data or security features of this website, or render the website partially or fully inaccessible, or gain unauthorised access to a portion or feature of the website or any system, server or network connected to us through any unauthorised or unlawful means, or by delivering or attempting to deliver any unauthorised, damaging or malicious virus, code, software, data, Trojan or program to the website or any system, server or network connected to us.
    3. You may not take any action that will place an unreasonably large load on the infrastructure of the website or any system, server or network connected to us.
    4. You are prohibited from accessing the website by means of ‘web crawlers’, ‘web spiders’, ‘web robots’ or similar web indexing and/or data collecting technologies, whether automatic or manual, for purposes of extracting data, information, content or material from this website, unless such extraction is by bona fide public search engines, or you have obtained our prior written consent
    5. While we employ virus software, we can make no warranty that this website and its contents is free of viruses or other material which may be able to compromise your computer system, and therefore encourage that you employ your own protection.
    6. We reserve the right to take any steps necessary to preserve the security, integrity and reliability of the website, or any system or server connected to us.

  8. Breach or cancellation
    1. We may limit or terminate your access and use of the website without further notice
      1. you breach any of these Terms of Use;
      2. we are required by law to do so; or
      3. we decide in our sole discretion.
    2. The above termination is without prejudice to any other rights or remedies that we may have in law, to claim specific performance of any obligation whether or not the due date for performance has arrived, to obtain an interdict against you or to claim damages.

  9. Dispute resolution
    1. You consent to the jurisdiction of the magistrate's court for any proceedings we may need institute for the recovery of any damages, even if the amount of such a claim exceeds the prevailing limit on the jurisdiction of the magistrate's court.
    2. Except as stated in clause 10.1, you agree that any disputes shall be finally resolved by arbitration in Cape Town in accordance with the Expedited Rules of Arbitration Foundation of Southern Africa (“AFSA”) by an arbitrator or arbitrators agreed to between the parties to the dispute, failing such agreement within 7 (seven) business days of demand in writing, as appointed by AFSA. Notwithstanding the aforegoing, any party to arbitration may approach a court by way of motion proceedings or on an urgent basis for interim relief or for such other relief not capable of being obtained by way of arbitration proceedings in general.

  10. Limitation of our liability and indemnity
    1. YOUR USE OF OUR WEBSITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK
    2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY CLAIM, COST, DAMAGE, LOSS OR INJURY ARISING FROM THE USE OF OUR WEBSITE AND ITS CONTENT. WITHOUT LIMITING THE AFOREGOING, WE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, PUNTIVE OR SIMILAR DAMAGES, HOWSOEVER ARISING.
    3. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY US FROM ANY CLAIM, COST, DAMAGE, LOSS OR INJURY ARISING FROM YOUR USE OF THE WEBSITE AND CONTENT, AS WELL AS ANY BREACH OF THESE TERMS BY YOU

  11. General
    1. Variation: WE RESERVE THE RIGHT TO AMEND OUR TERMS OF USE WITHOUT PRIOR NOTICE TO YOU, WITH THE UPDATED VERSION TAKING EFFECT ON THE DATE OF ITS POSTING TO THE WEBSITE. IT IS YOUR RESPONSIBILITY TO CONTINUALLY STAY ABREAST OF CHANGES TO OUR TERMS OF USE PRIOR TO MAKING USE OF THIS WEBSITE AND CONTINUED USE OF THE WEBSITE WILL BE DEEMED TO BE AN ACCEPTANCE OF THE AMENDED TERMS OF USE.
    2. Neutral interpretation. The rule of interpretation that the contract shall be interpreted against the party responsible for the drafting and preparation thereof (the contra proferentem rule) shall not apply.
    3. Applicable law. These Terms of Use shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa.
    4. Whole Agreement. These Terms of Use constitute the whole agreement between the us as to the subject matter hereof. You shall not have any claim or right of action arising from any undertaking, representation or warranty not included in these Terms of Use.
    5. Relaxation. No failure on our part to enforce our rights shall in any circumstances be construed as a consent, election, limitation or waiver of rights.
    6. Cost of legal services. Should we instruct attorneys to take any steps to enforce any rights in terms of these Term of Use, then you shall be liable for all legal and incidental costs, including legal fees on the attorney and own client scale, collection commission and tracing charges.

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