TERMS AND CONDITIONS OF USE & SALE OF TRUMAN & ORANGE PROPRIETARY LIMITED
(Registration Number 2013/155548/07)
(T&O or us)
Last updated: 31 July 2021
1. This website at www.shankyswhip.co.za (this Site) is operated by T&O.
2. This Site enables you to shop online for a range of alcoholic and non-alcoholic beverages and associated merchandise (the Products).
3. T&O offers this Site, including without limitation all information, tools and services available from this Site, to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated herein (including without limitation those additional terms and conditions and policies referenced herein and/or available by hyperlink) (together, these Terms). The sale and supply Products to you by T&O via this Site is subject to these Terms.
4. By visiting this Site and/or purchasing any Products from us, you agree to be bound by these Terms. These Terms apply to all users of this Site, including without limitation to users who are browsers, vendors, customers, merchants, and/or contributors of content.
5. Any personal data that we collect from or about you under these Terms will be processed by us as further described in our privacy policy, available at our Privacy Policy (the Privacy Policy) - click here. When you visit the Site or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance the Privacy Policy.
6. Any new features or tools which are added to this Site will be subject to these Terms. You can review the most current version of these Terms at any time on this page. T&O reserves the right to update, change or replace any part of these Terms by posting updates and/or changes to this Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to this Site following the posting of any changes constitutes acceptance of those changes.
7. THESE TERMS APPLY TO USERS WHO ARE CONSUMERS FOR PURPOSES OF THE CONSUMER PROTECTION ACT, 2008 (THE CPA). THESE TERMS CONTAIN PROVISIONS THAT APPEAR IN CAPS AND WHICH MAY LIMIT THE RISK OR LIABILITY OF T&O AND/OR THIRD PARTIES (THE RELEVANT PARTIES), MAY CREATE RISK OR LIABILITY FOR YOU, MAY COMPEL YOU TO INDEMNIFY THE RELEVANT PARTIES AND/OR SERVES AS AN ACKNOWLEDGEMENT BY YOU OF A FACT. YOUR ATTENTION IS DRAWN TO THESE TERMS BECAUSE THEY ARE IMPORTANT AND SHOULD BE CAREFULLY NOTED.
8. 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 T&O in terms of the CPA and which it is impermissible in law to restrict, limit or avoid. These Terms will be deemed to be qualified accordingly.
9. IF THERE IS ANY PROVISION IN THESE TERMS THAT YOU DO NOT UNDERSTAND, IT IS YOUR RESPONSIBILITY TO ASK T&O TO EXPLAIN IT TO YOU BEFORE YOU ACCEPT THESE TERMS OR CONTINUE USING THE SITE.
10. Our online store is hosted on Shopify Inc (Shopify). Shopify provides us with the online e-commerce platform that allows us to sell our Products to you.
11. Only registered users may order Products on the Site. To register as a user, you must provide a unique username and password and provide certain information and personal details to T&O. You will need to use your unique username and password to access the Site in order to purchase Products. You agree and warrant that your username and password shall be used for personal use only and not be disclosed by you to any third-party. For security purposes you agree to enter the correct username and password whenever ordering Products, failing which you will be denied access. YOU AGREE THAT, ONCE THE CORRECT USERNAME AND PASSWORD RELATING TO YOUR ACCOUNT HAVE BEEN ENTERED, IRRESPECTIVE OF WHETHER THE USE OF THE USERNAME AND PASSWORD IS UNAUTHORISED OR FRAUDULENT, YOU WILL BE LIABLE FOR PAYMENT OF SUCH ORDER, SAVE WHERE THE ORDER IS CANCELLED BY YOU IN ACCORDANCE WITH THESE TERMS. You agree to notify T&O immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
12. BY PLACING AN ORDER FOR PRODUCTS THROUGH THIS SITE, YOU WARRANT AND AGREE THAT YOU ARE LEGALLY CAPABLE OF ENTERING INTO BINDING CONTRACTS AND ARE AT LEAST 18 YEARS OF AGE. GIVEN THAT THE PRODUCTS MAY INCLUDE ALCOHOLIC BEVERAGES, YOU ACKNOWLEDGE THAT PERSONS NOT MEETING THESE REQUIREMENTS MAY NOT USE THE SITE AND MAY NOT PURCHASE THE PRODUCTS.
13. SOUTH AFRICAN LAW PROHIBITS, AND IT IS AN OFFENCE, FOR ANY PERSON UNDER THE AGE OF 18 TO PURCHASE OR ATTEMPT TO PURCHASE LIQUOR AND/OR TO PRESENT FALSE EVIDENCE OF HIS/HER AGE IN ORDER TO ACCESS LIQUOR AND/OR TO PURCHASE LIQUOR. T&O COMPLIES WITH ALL APPLICABLE LIQUOR LEGISLATION AND WILL ONLY SELL LIQUOR TO YOU IF YOU ARE OF OR ABOVE THE AGE OF 18 AND WILL ONLY DELIVER LIQUOR TO THE PREMISES CHOSEN BY YOU IF THE LIQUOR IS RECEIVED AT SUCH ADDRESS BY A PERSON OF OR ABOVE THE AGE OF 18.
14. T&O MAY IN ITS SOLE DISCRETION REFUSE TO SELL OR DELIVER LIQUOR TO ANY PERSON FOR ANY REASON WHATSOEVER, INCLUDING WITHOUT LIMITATION IF HE FAILS, REFUSES OR OMITS TO PROVIDE HIS DATE OF BIRTH OR IDENTIFICATION REQUESTED FOR PURPOSES OF VERIFYING HIS AGE, IT APPEARS THAT HE PROVIDED FALSE INFORMATION OR EVIDENCE OF HIS AGE IN ORDER TO ACCESS LIQUOR, OR WHERE HE APPEARS TO BE INTOXICATED OR UNDER THE INFLUENCE OF ANY SUBSTANCE.
15. BY PURCHASING, OR ATTEMPTING TO PURCHASE, LIQUOR FROM T&O, YOU HEREBY ACKNOWLEDGE AND AGREE TO THESE TERMS, AND AGREE TO PROVIDE T&O WITH TRUTHFUL AND ACCURATE INFORMATION AND TO COMPLY WITH THE APPLICABLE LIQUOR LEGISLATION.
16. Registered users may place orders for Products, which orders T&O may accept or reject. Whether or not T&O accepts an order depends on the availability of Products, correctness of the information relating to the Products (including without limitation the price) and receipt of payment or payment authorisation by T&O for the Products. T&O will indicate the acceptance of your order by delivering the Products to you, and only at that point will an agreement of sale between you and T&O come into effect regardless of any communication from T&O stating that your order or payment has been confirmed. T&O will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
17. If you wish to amend any part of your order, then you will need to contact us at your earliest convenience and T&O will use its reasonable endeavours to accommodate your request.
18. 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 T&O 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.
19. YOU ACKNOWLEDGE THAT STOCK OF ALL PRODUCTS IS LIMITED AND THAT PRICING MAY CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. IN THE CASE OF PRODUCTS FOR SALE BY T&O, T&O WILL TAKE ALL REASONABLE EFFORTS TO MONITOR STOCK LEVELS AND ENSURE THAT WHEN STOCK IS NO LONGER AVAILABLE, THAT OFFERS THEREOF ARE DISCONTINUED ON THE SITE. HOWEVER, WE CANNOT GUARANTEE THE AVAILABILITY OF STOCK. WHEN PRODUCTS ARE NO LONGER AVAILABLE AFTER YOU HAVE PLACED AN ORDER, T&O WILL NOTIFY YOU AND YOU WILL BE ENTITLED TO A REFUND OF ANY AMOUNT ALREADY PAID BY YOU FOR SUCH PRODUCTS.
20. Products may not be purchased for re-sale. Should we suspect that any Products are being purchased for sale, T&O, without derogating for the generality of its remedies, is entitled to cancel your order immediately and to decline to sell any Products to you in future.
21. T&O may decline to sell any Product to you for any reason. T&O is not obliged to tell you the reason for our decision.
22. Prices for Products are subject to change without notice.
23. Where it accepts your order, T&O will deliver the Products to you as soon as reasonably possible, but no later than 30 days of receipt of your payment (Delivery Period), provided that the Delivery Period will be extended by any period during which the sale or delivery of the Products is impermissible in law. We will notify you if T&O is unable to deliver the Products during the Delivery Period. You may then, within seven days of receiving such notification elect whether or not to cancel your order for the Products. If you elect to cancel your order, we will reimburse you for the purchase price.
24. T&O’s obligation to deliver a Product to you is fulfilled when we deliver the Product to the physical address nominated by you for delivery of the order. T&O IS NOT RESPONSIBLE FOR ANY LOSS OR HANDLING, USE OR CONSUMPTION OF A PRODUCT, AFTER IT HAS DELIVERED THE PRODUCT TO THE PHYSICAL ADDRESS NOMINATED BY YOU.
25. Ownership of any Products sold to you by T&O will not pass to you until such time as all amounts (including without limitation accrued interest and/or value added tax (VAT), if applicable, and/or any other tax, levy or duty thereon) owing by you to T&O in respect of such Products have been received in full by T&O.
26. Notwithstanding clause 25 above all risk in Products will pass to you immediately on delivery.
27. T&O WILL EXERCISE REASONABLE CARE AND SKILL IN DEALING WITH ANY SUPPLIER AND/OR ANY OTHER PARTIES ENGAGED OR CONCERNED WITH THE SUPPLY, TRANSPORTATION OR DELIVERY OF ANY PRODUCTS AND IN ENSURING THAT SUCH THIRD PARTIES COMPLY WITH ALL OF THEIR DUTIES AND FUNCTIONS IN RESPECT OF SUCH ASPECTS AS ARE SO DELEGATED TO THEM. SUBJECT TO THE AFOREGOING, T&O WILL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU WHATSOEVER FOR ANY ACT OR OMISSION OF ANY SUCH THIRD-PARTY OF WHATSOEVER NATURE AND HOWSOEVER ARISING.
28. T&O reserves the right, but are not obligated, to limit the sales of Products to any person. T&O may exercise this right on a case-by-case basis. T&O reserves the right to limit the quantities of any Products that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion. T&O reserves the right to discontinue any product at any time. Any offer for any Product made on this Site is void where prohibited.
29. Payment is processed for orders via the Shopify Payments secure gateway which accepts payment for Products by: MasterCard, Visa, EFT Secure, Mobicred and MasterPass. YOU WARRANT THAT YOU ARE FULLY AUTHORISED TO USE THE DEBIT AND/OR CREDIT CARD SUPPLIED FOR PURPOSES OF PAYING THE PRODUCTS. YOU ALSO WARRANT THAT YOUR DEBIT AND/OR CREDIT CARD HAS SUFFICIENT AVAILABLE FUNDS TO COVER ALL THE COSTS INCURRED AS A RESULT OF THE SERVICES USED ON THE SITE.
30. If fraud is suspected, T&O has the right to cancel any transaction for security reasons. In most cases, you will be notified of authorisation or fraud issues, if they occur, before you complete the check-out process.
31. T&O may from time to time make physical or electronic gift vouchers (Gift Vouchers) and promotional coupons or discounts (Coupons) available for use on the Site towards the purchase of Products. Gift Vouchers and Coupons can only be redeemed while they are valid, and their expiry dates cannot be extended. Gift Vouchers that are purchased by registered users are valid for 3 years after sale. Gift Vouchers that T&O gives away for free are valid for the period stated thereon. In each case, if your Voucher has not been used within that period, it will expire. Gift Vouchers cannot be used to buy other Gift Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased or otherwise obtained. If your Gift Voucher value is less than the amount required to cover the full order you wish to place, you may make up the difference by paying via one of our other payment methods. T&O IS NOT RESPONSIBLE FOR ANY HARM DUE TO THE LOSS, UNAUTHORISED USE OR UNAUTHORISED DISTRIBUTION OF A GIFT VOUCHER, AFTER IT HAS DELIVERED THE GIFT VOUCHER TO YOU OR THE EMAIL ADDRESS NOMINATED BY YOU.
32. There are two types of Coupons, a Coupon with a fixed amount of a discount designated in currency (Fixed Coupon), and a Coupon with a discount designated as a percentage (Percentage Coupon). Coupons are issued in T&O’s sole discretion, and T&O is entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation without limitation where a Coupon has been distributed in an unauthorised manner). Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used. Unless specified otherwise on the specific Coupon itself each Coupon can only be used once, only one Coupon can be used per order, only one Coupon can be used on the Site per person per promotion/campaign, Percentage Coupons may only be redeemed on purchases with a total cart value of less than ZAR2,000, where a Percentage Coupon has been used and you wish to cancel any items in the order prior to making payment, the entire order must be cancelled. You will be issued with a new Percentage Coupon and will need to place the order again, without the item that you wished to cancel, a Coupon must be used at check-out – it cannot be used later on existing orders and the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you. Coupons cannot be used to buy Gift Vouchers or other Coupons and cannot be exchanged or refunded for cash or credit. T&O IS NOT RESPONSIBLE FOR ANY HARM DUE TO THE LOSS, UNAUTHORISED USE OR DISTRIBUTION OF A COUPON. If for any reason a Coupon does not reflect on the final amount due from you at check-out, you can contact us here to confirm if the Coupon is still valid. If T&O confirms that the Coupon is still valid and you have already placed your order, you can choose whether to cancel the order and place it again with the Coupon, or you can use the Coupon on your next order within the limitations of the specific Coupon’s terms and conditions. You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by T&O, before you are able to use a Coupon.
33. When ordering Products from T&O for delivery outside South Africa, the recipient may be subject to import duties and taxes. Any charges for duty, taxes and customs clearance must be borne by the recipient. We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact the local customs office for further information. Additionally, please note that when ordering from T&O, the recipient is considered the importer of record and must comply with all laws and regulations of the country in which the Products are received. Please also be aware that cross-border deliveries are subject to opening and inspection by customs authorities and may also be subject to delays in delivery occasioned by the aforegoing.
34. T&O IS NOT RESPONSIBLE IF INFORMATION MADE AVAILABLE ON THIS SITE IS NOT ACCURATE, COMPLETE OR CURRENT. THE MATERIAL ON THIS SITE IS PROVIDED FOR GENERAL INFORMATION ONLY AND SHOULD NOT BE RELIED UPON OR USED AS THE SOLE BASIS FOR MAKING DECISIONS WITHOUT CONSULTING PRIMARY, MORE ACCURATE, MORE COMPLETE OR MORE TIMELY SOURCES OF INFORMATION. ANY RELIANCE ON THE MATERIAL ON THIS SITE IS AT YOUR OWN RISK.
35. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. T&O reserves the right to modify the contents of this Site at any time, but we have no obligation to update any information on this Site. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO MONITOR CHANGES TO THIS SITE.
36. T&O will endeavour to ensure that availability of this Site will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to this Site may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. T&O will attempt to limit the frequency and duration of any such suspension or restriction.
37. T&O grants you a limited licence to access and make personal use of this Site, but not to download (other than page caching) or modify it, or any portion of it. This licence does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. 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 Site. 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 Site or the information contained herein, without the prior written consent from an authorised T&O representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Site).This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including without limitation images, text, page layout, or form) of this Site. You may not use any meta tags or any other hidden text. Any unauthorised use terminates the permission or license granted by T&O.
38. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to any page within this Site as long as the link does not portray T&O or the Products in a false, misleading, derogatory, or otherwise offensive manner. You may not use any T&O logo or other proprietary graphic or trademark as part of the link.
39. You must not use this Site in any way that causes, or is likely to cause, this Site or access to it to be interrupted, damaged or impaired in any way. You must not use this Site for fraudulent purposes, or in connection with a criminal offence or other unlawful activity. Any unauthorised use of this Site may give rise to a claim for damages and/or be a criminal offence.
40. All content available on this Site, including without limitation, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (the Content) is the property of T&O, and is protected by RSA and international copyright laws. You may not systematically extract and/or re-utilise parts of the contents of this Site without T&O’s prior written consent.
41. T&O do not provide any warranty or guarantee as to the as to the quality, timeliness, operation, integrity, availability or functionality of the Site and/or as to the accuracy, timeliness, performance, completeness or suitability of the information or materials found or offered on this Site for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors to the fullest extent permitted by law.
42. T&O SHALL TAKE ALL REASONABLE EFFORTS TO ACCURATELY REFLECT THE DESCRIPTION, AVAILABILITY, PURCHASE PRICE AND DELIVERY CHARGES OF PRODUCTS ON THE SITE. HOWEVER, SHOULD THERE BE ANY ERRORS OF WHATSOEVER NATURE ON THE SITE (WHICH ARE NOT DUE TO OUR GROSS NEGLIGENCE), T&O SHALL NOT BE LIABLE FOR ANY LOSS, CLAIM OR EXPENSE RELATING TO A TRANSACTION BASED ON ANY ERROR, SAVE – IN THE CASE OF ANY INCORRECT PURCHASE PRICE – TO THE EXTENT OF REFUNDING YOU FOR ANY AMOUNT ALREADY PAID, OR OTHERWISE AS SET OUT IN THE RETURNS POLICY.
43. T&O shall not be bound by any incorrect information regarding our Products displayed on any third-party websites.
44. Your use of any information or materials on this Site is entirely at your own risk, for which T&O will not be liable. It will be your own responsibility to ensure that any products, services or information available through this Site meet your specific requirements.
45. When you visit this Site or send emails to us, you are communicating with us electronically. We communicate with you by email. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that T&O provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
46. Please refer to our Returns Policy click here for more information and the policies applicable to returning Products (and related matters, such as refunds and/or replacements). The Returns Policy is incorporated by reference (which means that it forms part of these Terms).
47. T&O UNDERTAKES TO YOU THAT, AT THE TIME OF DELIVERY THEREOF BY OR FOR T&O, THE PRODUCTS SUPPLIED BY T&O HEREUNDER WILL COMPLY IN ALL MATERIAL RESPECTS WITH T&O’S SPECIFICATIONS AND STANDARDS IN RESPECT THEREOF FROM TIME TO TIME (THE LIMITED PRODUCT WARRANTY). IN THE EVENT OF ANY BREACH BY T&O OF THE LIMITED PRODUCT WARRANTY (HOWSOEVER ARISING) GIVING RISE TO ANY DEFECTIVE PRODUCTS, T&O'S LIABILITY TO YOU ARISING THEREFROM WILL AT ALL TIMES AND ALL EVENTS BE LIMITED TO, AT T&O'S SOLE OPTION: (I) THE REPLACEMENT BY T&O OF THE PRODUCTS THAT DO NOT COMPLY WITH THE LIMITED PRODUCT WARRANTY WITH THE PRODUCTS THAT COMPLY WITH THE LIMITED PRODUCT WARRANTY; OR (II) ISSUANCE OF A CREDIT NOTES TO YOU EQUAL TO THE INVOICE VALUE OF THE PRODUCTS THAT DO NOT COMPLY WITH THE LIMITED PRODUCT WARRANTY. REGARDLESS OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED FOR HEREUNDER, THE LIMITED PRODUCT WARRANTY WILL BE IN LIEU OF ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED AND WHETHER WRITTEN OR ORAL. OTHER THAN THE LIMITED PRODUCT WARRANTY, T&O GIVES NO WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE IN RELATION TO ANY OF PRODUCTS SUPPLIER BY IT AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND ALL OTHER IMPLIED WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING, USAGE OF TRADE OR CUSTOM IN RELATION TO ANY THEREOF. IN NO EVENT WILL T&O BE LIABLE FOR LOST PROFITS, THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR ANY OTHER SPECIAL, RELIANCE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCTS LIABILITY, OR OTHERWISE ARISING OUT OF THE MANUFACTURE, SALE OR SUPPLYING OF ANY PRODUCTS.
48. T&O WILL NOT BE HELD RESPONSIBLE FOR ANY DELAY OR FAILURE TO COMPLY WITH ITS OBLIGATIONS HEREUNDER IF THE DELAY OR FAILURE ARISES FROM ANY CAUSE WHICH IS BEYOND T&O’S REASONABLE CONTROL. THIS CONDITION DOES NOT AFFECT YOUR STATUTORY RIGHTS.
49. IN ADDITION TO THE DISCLAIMERS CONTAINED ELSEWHERE IN THESE TERMS, T&O ALSO MAKES NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, THAT THE INFORMATION OR FILES AVAILABLE ON THE SITE 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 WILFUL MISCONDUCT OF T&O, ITS EMPLOYEES, AGENTS OR AUTHORISED REPRESENTATIVES. T&O 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 SITE.
50. This Site may contain links or references to other websites (Third-Party Sites) which are outside of our control, including without limitation those of advertisers. These Terms do not apply to those Third-Party Sites and T&O is not responsible for the practices and/or privacy policies of those Third-Party Sites or the cookies that those sites may use. NOTWITHSTANDING THE FACT THAT THE SITE MAY REFER TO OR PROVIDE LINKS TO THIRD-PARTY SITES, YOUR USE OF SUCH THIRD-PARTY SITES IS ENTIRELY AT YOUR OWN RISK AND T&O IS NOT RESPONSIBLE FOR ANY LOSS, EXPENSE, CLAIM OR DAMAGE, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING FROM YOUR USE OF SUCH THIRD-PARTY SITES OR YOUR RELIANCE ON ANY INFORMATION CONTAINED THEREON.
51. At any time, you can choose to stop using the Site, with or without notice to T&O.
52. Nothing in these Terms will exclude T&O’s liability for any of your statutory rights
53. These Terms will be governed by the laws of the Republic of South Africa and any disputes or claim arising out of, or in connection with these Terms or their subject matter or formation (including without limitation non-contractual disputes or claims) are subject to the non-exclusive jurisdiction of the South African courts, provided that T&O shall be entitled, but not obliged, in its discretion to require that any Dispute be decided in Cape Town by arbitration in accordance with the of Arbitration Foundation of Southern Africa Commercial Arbitration Rules, provided that T&O may obtain urgent relief interdictory or injunctive from any competent court having jurisdiction pending the resolution of a Dispute.
54. These Terms constitute the entire agreement between us and you. YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED ON ANY STATEMENT, PROMISE, REPRESENTATION, ASSURANCE OR WARRANTY MADE OR GIVEN BY OR ON BEHALF OF T&O THAT IS NOT SET OUT IN THESE TERMS.
55. T&O is a participant under the Consumer Products and Services Industry Code and are bound by it. An electronic copy of this Code is available at http://www.cgso.org.za/downloads/. If you have a complaint about the Products or services provided by us or require information regarding our internal complaints-handling process, please get in touch with by email at info@cutlerdrinks.com. If we don’t resolve your complaint within 15 business days of you having notified us of it, you are entitled to approach the Consumer Products and Services Ombud (CGSO), to assist in resolving the dispute. The CGSO’s contact details are website: http://www.cgso.org.za/, sharecall: 0860 000 272 and email: complaints@cgso.org.za.
56. For the purposes of the ECT Act, T&O’s information is as follows:
56.1 Full name: Truman and Orange Proprietary Limited, Registration Number 2013/155548/07.
56.2 Main business: Manufacture, distribution and sale of alcoholic and non-alcholic beverages and associated merchandise and products
56.3 Physical address for receipt of legal service (also postal and street address): Truman & Orange Proprietary Limited (Attention: The CEO), 2nd Floor, 28 Hudson Street, Cape Town, 8000 South Africa.
56.4 Office bearers: Rowan Leibbrandt and Brett Pettersen.
56.5 Phone number: +27 21 035 1629
56.6 Email address: info@cutlerdrinks.co.za
56.7 PAIA: The manual published in terms of Section 51 of the Promotion of Access to Information Act, 2000 may be downloaded here.
