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Terms of Use - Cybercellar (Pty.) Ltd.

Introduction

Cybercellar.com (the "website") is an internet-based wine retailer and wine information service provided by Cybercellar (Pty.) Ltd.

These Terms of Use

Your access to and use of the Website is subject to your compliance with the terms and conditions set forth below, including all exhibits hereto. Please examine these carefully before accessing or using the Website. By accessing or using the Website, you agree to be legally bound by the terms of use set forth below. You may not access or use the Website should you not want to be bound by these terms and conditions. It is your responsibility to review this documentation regularly, and to ensure that you agree with any amendments to these terms of use. If you do not agree with any amendments to these terms of use, you may no longer access the Website. Chapter VII of the ECT Act grants certain rights to any natural person who enters or intends entering into an “electronic transaction” with us on the Website. None of these terms of use are intended to limit the rights so granted by the ECT Act.

Legal age and capacity

You may not access the Website and may not accept these terms of use if you lack the legal capacity to enter into a binding contract with us; are a person barred from accessing the Website under the laws of the Republic of South Africa or other countries including the country in which you are resident or from which you access the Website. By accessing the Website and/or the content you represent and warrant that you are of full legal age, or are emancipated or have your guardian’s consent to enter into a contract being these terms of use. The Sale of Wine to Minors is Prohibited by Law

The age at which wines may be sold and delivered to persons is legislated in each country. In the Republic of South Africa, United Kingdom and the European Union wines may be sold and delivered only to persons who are at least 18 years of age. In the United States of America wines may be sold and delivered only to persons who are at least 21 years of age. By ordering from the Website you affirm that you are at least of the applicable legal age and that the person to whom your wine will be delivered is also of applicable legal age. When the wines are delivered, the person receiving delivery may be required to show identification proving that he or she is of applicable legal age. Intellectual Property Rights

All the content on the Website, including text, graphics, logos, icons, designs, colours, layout and trademarks are the intellectual property of Cybercellar and its associates or licensed to Cybercellar and as such protected by South African and International Intellectual Property Law.

Privacy

We shall take reasonable steps to protect your personal information. For the purposes of this policy “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000. We may electronically collect, store and use personal information with your consent (if you don't consent to this, please do not access or register on the website). This personal information includes, but is not limited to, the following:

  • name and surname;
  • age and/ or birthday;
  • verification that you are of legal age;
  • gender;
  • address and contact details including your
    • email address;
    • phone number/s;
    • country of residence;
    • area or postal code;
  • personal preferences if provided;
  • browsing history;
  • purchase history;
  • non-personal browsing habits and click patterns;
  • IP address.

We collect, store and use the personal information described in order to (but not limited to the following):

  • enable you to create a personal profile on this website;
  • enable you to make use of this website in the manner described on this website, from time to time;
  • enable us to make relevant wine recommendations on a personalised basis;
  • communicate information to you regularly, for example through newsletters;
  • compile and maintain the website and client database;
  • register and/or authenticate users of and/or visitors to the website;
  • identify and take reasonable measures to prevent fraudulent uses of or access to the website;
  • compile non-personal statistical information about browsing habits, click patterns and access to the website;
  • attract suppliers by showing anonymised information about the database, for example demographics;
  • participate in affiliate marketing relationships by tracking visitor origin through the use of cookies;
  • track client database size and growth;and
  • track compliance of registrants and third parties with these terms of use.

The personal information is collected either electronically (for example, through the use of cookies) or is provided voluntarily by users of and/or visitors to the website. You may determine cookie use independently through your web browser settings. You may request details of your personal information which we collect, store and use. The process you should follow is detailed in our Promotion of Access to Information manual, details of which are set out elsewhere. In the event that your personal information is inaccurately or incompletely reflected in our database, you agree that it is your responsibility to notify us of this fact and to supply us with the accurate or complete information to enable us to address your concerns. Personal information collected from you may be deleted from the website and member databases when your account on the website is terminated for any reason. We may compile, use and share any of the information that is anonymised and/or does not relate to a specific individual. We will never share, disclose or sell the personal information unless we are required to do so by law.

Disclaimer

YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED “AS IS”. ALTHOUGH WE TAKE STEPS TO VERIFY INFORMATION PRESENTED ON OR THROUGH THE WEBSITE, WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, RECOMMENDATION OR OTHER INFORMATION CONTAINED IN, DISPLAYED ON, LINKED TO OR DISTRIBUTED THROUGH THE WEBSITE OR THE CONTENT OTHER USERS MAY PUBLISH TO THE WEBSITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS ON THE WEBSITE WITHOUT NOTICE TO YOU.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

WHILST WE TAKE REASONABLE PRECAUTIONS IN OUR OPERATION OF THE WEBSITE, YOU AGREE THAT NEITHER WE OR CYBERCELLAR’S ASSOCIATES SHALL BE LIABLE IN RESPECT OF ANY LOSS, DAMAGE OR DAMAGES HOWEVER ARISING AND WHATEVER THE CAUSE, IN PARTICULAR PURSUANT TO AND IN FURTHERANCE OF THIS AGREEMENT, YOUR ACCESS TO THE WEBSITE OR FROM YOUR INABILITY TO ACCESS THE WEBSITE. WE WILL USE REASONABLE ENDEAVOURS TO MAKE THE WEBSITE AVAILABLE TO YOU, AND KEEP THE WEBSITE AVAILABLE TO YOU AT ALL TIMES. HOWEVER, YOU AGREE THAT WE SHALL NOT BE LIABLE IN RESPECT OF ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM THE UNAVAILABILITY OF, ANY INTERRUPTION IN, YOUR ACCESS TO THE WEBSITE (EITHER IN PART OR AS A WHOLE) FOR ANY REASON WHATSOEVER.

INDEMNITY

YOU HEREBY INDEMNIFY US AND CYBERCELLAR’S ASSOCIATES FROM ANY LOSS, DAMAGE, DAMAGES, LIABILITY, CLAIM OR DEMAND DUE TO OR ARISING OUT OF YOUR USE OF THE WEBSITE OR YOUR BREACH OF THESE TERMS OF USE.

INDEMNITY

YOU HEREBY INDEMNIFY US AND CYBERCELLAR’S ASSOCIATES FROM ANY LOSS, DAMAGE, DAMAGES, LIABILITY, CLAIM OR DEMAND DUE TO OR ARISING OUT OF YOUR USE OF THE WEBSITE OR YOUR BREACH OF THESE TERMS OF USE.

Editorial Control

This Web site contains content provided by third parties and hyperlinks to other sites. Cybercellar does not screen or filter such content or the other sites or information available from those other sites and therefore does not accept any liability for defamatory, illegal or criminal content contained on those sites. We encourage you to report any infringement, illegal or criminal content found on any of the sites available through links from the Website in order to investigate whether such link should be removed.

Rights Infringement

If you are of the view that your rights have been infringed through the unlawful use of the Website in any way whatsoever, you may address a complaint to us which satisfies the following requirements and/or contains the following information:

  • the full names and address of the complainant;
  • the written or electronic signature of the complainant;
  • identification of the right that has allegedly been infringed;
  • identification of the material or activity that is claimed to be the subject of unlawful activity;

the remedial action required to be taken by the service provider in respect of the complaint;

  • telephonic and electronic contact details, if any, of the complainant;
  • a statement that the complainant is acting in good faith;
  • a statement by the complainant that the information provided is to his or her knowledge true and correct.

Please address your notifications to:

General Manager
Email: info@cybercellar.com

We will investigate the complaint on receipt of a complete and properly formulated complaint notice and will take appropriate action where necessary. Such action may include, but is not limited to, removing the offending content from the Website and/or suspension or termination of the offending registrant or third party.

Dealings With Third Parties

LINKS TO AND FROM THE WEBSITE FROM AND TO OTHER WEBSITES BELONGING TO OR OPERATED BY 3RD PARTIES (“HYPERHYPERLINKED WEBSITES”) DO NOT CONSTITUTE OUR ENDORSEMENT OF SUCH HYPERLINKED WEBSITES OR THEIR CONTENTS, NOR DO WE NECESSARILY ASSOCIATE OURSELVES WITH THEIR OWNERS OR OPERATORS. YOU ARE SOLELY RESPONSIBLE FOR IDENTIFYING AND FAMILIARISING YOURSELF WITH ANY TERMS OF USE WHICH WILL GOVERN YOUR RELATIONSHIP WITH SUCH THIRD PARTY. WE HAVE NO CONTROL OVER HYPERLINKED WEBSITES AND YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, INFORMATION, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH HYPERLINKED WEBSITES OR FOR ANY DAMAGE, DAMAGES OR ANY OTHER LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON ANY SUCH CONTENT, INFORMATION, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH HYPERLINKED WEBSITES. YOU AGREE THAT WHERE YOU ACCESS HYPERLINKED WEBSITES, YOU DO SO ENTIRELY AT YOUR OWN RISK. YOUR INTERACTION, CORRESPONDENCE OR BUSINESS DEALINGS WITH 3RD PARTIES WHICH ARE REFERRED TO OR LINKED FROM OR TO THE WEBSITE IS SIMILARLY ENTIRELY AT YOUR OWN RISK AND ARE SOLELY BETWEEN YOU AND SUCH 3RD PARTY INCLUDING THE ACQUISITION, DISPOSAL, PAYMENT AND DELIVERY OF ANY GOODS OR SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH INTERACTION, CORRESPONDENCE OR BUSINESS DEALINGS.

Arbitration

If any dispute arises between us regarding any provision of these terms of use, or its application or termination, then we agree that we will attempt to resolve said dispute informally by means of joint co-operation or discussion between the parties directly involved in the dispute within 5 business days after that dispute arises or such extended time period as we may agree to. In the event we are unable to informally resolve our dispute, that dispute shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator appointed by the Foundation. Arbitration proceedings shall take place in Paarl or Cape Town.

This clause shall constitute your irrevocable consent to the arbitration proceedings, and you shall not be entitled to withdraw your consent or to claim that you are not bound by this clause. We may, at our discretion, waive this clause and permit our dispute to be resolved using an alternate dispute resolution process.

Any award that may be made by the arbitrator -
  • shall be final and binding;
  • will be carried into effect; and
  • may be made an order of any court to whose jurisdiction the parties to the dispute are subject.

Notwithstanding the foregoing, nothing in this clause shall be construed as precluding either party from applying to court for a temporary interdict or other relief of an urgent nature, pending the decision of the award of the arbitrator in terms of this clause. This clause is severable from the rest of this agreement and shall therefore remain of full force and effect even if this agreement is terminated or cancelled for any reason at any time. We may monitor your communications

Subject to the provisions of the RIC Act, you agree to permit us to intercept, block, filter, read, delete, disclose and use all communications you send or post to the Website and/or to our staff and/or employees. You agree and acknowledge that the consent you provide above satisfies the “writing” requirement specified in the ECT Act and in the RIC Act.

Any award that may be made by the arbitrator

  • shall be final and binding;
  • will be carried into effect; and
  • may be made an order of any court to whose jurisdiction the parties to the dispute are subject.

Notwithstanding the foregoing, nothing in this clause shall be construed as precluding either party from applying to court for a temporary interdict or other relief of an urgent nature, pending the decision of the award of the arbitrator in terms of this clause. This clause is severable from the rest of this agreement and shall therefore remain of full force and effect even if this agreement is terminated or cancelled for any reason at any time. We may monitor your communications

Subject to the provisions of the RIC Act, you agree to permit us to intercept, block, filter, read, delete, disclose and use all communications you send or post to the Website and/or to our staff and/or employees. You agree and acknowledge that the consent you provide above satisfies the “writing” requirement specified in the ECT Act and in the RIC Act.

eBucks Competition Rules

  1. This competition is promoted by Cybercellar (Pty) Ltd ("Cybercellar") and the FNB-eBucks business unit of First National Bank, a division of FirstRand Bank Limited (reg. no. 1929/001226/5/06) ("the Bank"). The person responsible for conducting the promotional competition is Laurna van der Bank at Cybercellar.
  2. Competition Period: The competition runs from 3 September 2012 until 2 October 2012 both dates inclusive. No entries will be accepted after midnight on 2 October 2012.
  3. Who can enter: You are entitled to participate in this competition if you are a natural person who is at least 18 years old and a member of FirstRand's eBucks rewards programme.
  4. Exclusion: Directors, members, employees, agents of, or consultants to FirstRand Bank Limited (the Bank) and Cybercellar, their promotional partners and printers, their advertising and promotional agencies, supplier of goods or services in connection with this competition, or if you are any of the aforementioned persons' immediate families, including spouses, life partners, parents, children and siblings, are excluded from being entered into this competition.
  5. How to enter: Anyone who purchases from cybercellar.com and either pays with eBucks or earns eBucks for the duration of the competition is automatically put into the draw. Should a purchase be cancelled or returned for any reason whatsoever, such entry will automatically be withdrawn from the competition.
  6. How many times you can enter: There is no limit to how many times you can enter. Each entry is a result of a separate purchase of wine compliant with the conditions above.
  7. No entry fees: There are no entry fees to participate in the competition.
  8. Prize: A weekend for two in 5 star winelands self-catering accommodation, Friday and Saturday night, a wine tour on the Saturday, dinner at a winelands restaurant on Saturday night, followed by a lunch on Sunday with a winemaker. The accommodation is at Pearl Golf Lodges (www.pearlgolflodges.com). Flights and transport to the venue are excluded and for the winner’s account. Details of tour / dinner / lunch / winemaker can only be confirmed once the date of booking is confirmed by the winner, so no further details can be given at this stage. Valid for redemption from 1 November 2012 through 31 May 2013 (6 months). The prize is valued at approximately R6,000 and is not redeemable for cash.
  9. Winner: The winner will be drawn randomly on 5 October 2012. Should the competition draw be postponed to another date for any reason whatsoever, the new draw date will be published on the Website, within 5 days after the original draw date. The random entry drawn will be checked to establish whether it meets the competition qualifying criteria and if so that entry will be the Competition winner, subject to the organisers being able to contact that winner. If the qualifying criteria are not met further random draws will take place until a randomly selected valid entry meets the eligibility criteria. The winner will be notified via email within 48 hours of the random draw taking place. Cybercellar will attempt contact with the potential winner at least 3 times, but if Cybercellar is unable to contact the winner within two days after the first attempt, through no fault of eBucks or Cybercellar, the prize will be awarded to the next eligible winner. The random draw will be overseen by an independent accountant, registered auditor, attorney or advocate. The winner will be announced on Cybercellar competitions webpage located at http://www.cybercellar.com/ebucks, the Cybercellar Facebook page as well as the eBucks website at www.eBucks.com and the eBucks Facebook page as well as mentioned on the eBucks twitter account.
  10. In the event of a dispute, the judge's decision is final and no correspondence will be entered into with a competition participant other than the winner. The winner may be asked to participate in marketing activities, including by having his/her photograph taken, but he/she will be entitled to decline to do so.
  11. By participating in this competition, you agree to all the Competition Rules set out above, without exception.
  12. A copy of these Competition Rules is made available at http://www.cybercellar.com/ebucks.
  13. The Bank and Cybercellar reserves the right to amend, modify, cancel or withdraw any aspect of this Competition in its sole discretion at any time without notice or liability. The Bank cannot guarantee the performance of any third party and shall not be liable for any act or default by a third party. Participants in this Competition agree that the Bank will, subject to prevailing law, have no liability whatsoever for any injuries, losses, costs, damage or disappointment of any kind resulting in whole or in part, directly or indirectly from acceptance, misuse or use of a prize, or from participation in this Competition. The laws of the Republic of South Africa govern this Competition. If any provision or part of these Rules is deemed void or otherwise unenforceable in law then that provision or part shall be deemed excluded and the remainder of these Rules shall remain in force. Any violation of these Rules will result in the immediate disqualification of the transgressing participant from the Competition.
  14. First National Bank, a division of FirstRand Bank Limited, is an Authorized Financial Services and Credit Provider (NCRCP20).

Applicable Law

The website is created, maintained and controlled in the Republic of South Africa and as such the laws of the Republic of South Africa and the jurisdiction of the South African Court govern this user agreement and the use or inability to use the Website. Change to User Agreement

Cybercellar reserves the right to make changes to the Website and this user agreement at any time without notice.

Disclosures required by the ECT Act

In as far as transactions on the Website are classified as “electronic transactions” in terms of the ECT Act, we disclose the following information in terms of Chapter VII of the ECT Act:

Our full name and legal status
Cybercellar (Pty.) Ltd., a public company incorporated under the laws of the Republic of South Africa. Registration number: 99/21272/07
Street address
Pearl Valley, R301, Paarl, 7646
Postal address
P. O. Box 132, Simondium, 7670
Physical address for receipt of legal service
Pearl Valley, R301, Paarl, 7646