Cybercellar.com (the "website") is an internet-based wine retailer and wine information service provided by Cybercellar (Pty.) Ltd.
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.
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:
We collect, store and use the personal information described in order to (but not limited to the following):
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.
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.
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 remedial action required to be taken by the service provider in respect of the complaint;
Please address your notifications to:General Manager
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.
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.
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.
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.
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|