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TERMS AND CONDITIONS
TERMS AND CONDITIONS FOR USE OF THIS WEBSITE AND/OR THE SERVICES OFFERED VIA
THIS WEBSITE BY 506 TRUST T/A WILD ABOUT WHISKY
A. WEBSITE TERMS AND CONDITIONS
506 Trust provides the information and services offered to
you via this website ("services") subject to the terms and conditions set out
herein. By accessing the Wild about Whisky website ("website") and using any of
the services and information offered via the website from time to time you shall
be deemed to have agreed to all the terms and conditions set out herein. 506
Trust may at any time modify these terms and conditions and your continued use
of the website will be subject to the terms and conditions in force at the time
of your use. Accordingly you agree to review these terms and conditions
periodically, and your continued access or use of the website shall be deemed to
be your acceptance of the amended terms and conditions of the website. Terms and
conditions relating to special offers, which are, from time to time, contained
elsewhere on the website, shall, to the extent that those terms and conditions
conflict with the terms and conditions contained in this Agreement, take
precedence over the conflicting provisions of this Agreement.
1. Use of the website
For any reservations or other services for which fees may be charged,
you agree to abide by these terms and conditions as well as, that payment of all
amounts shall be paid by you when due and that you shall comply with all rules
and restrictions regarding rates and charges as well as in respect of the
availability of products or services. You shall be completely responsible for
all charges, fees, duties, taxes, and assessments arising out of the use of this
website.
2. Content of the Website
Whilst every effort is made to update the
information provided on this website on a regular basis, 506 Trust makes no
representations or warranties, whether express, implied in law or residual, as
to the accuracy, completeness or reliability of information contained on any of
the pages comprising the website and shall not be bound in any manner by any
information contained on the website or any of the pages comprising the website.
506 Trust reserves the right at any time to change or discontinue without
notice, any aspect, feature or service offered by way of this website. No
opinions, information, data or content contained on the website shall be
construed as advice and same are offered for information purposes only. 506
Trust gives no warranties and makes no representations as to the accuracy,
completeness or reliability of any such opinions, information, data or content.
3. Copyright and Intellectual Property Rights
This website is solely for your
personal and non-commercial use. Copyright and all intellectual property rights
in all materials made available through this website are owned by 506 and is
protected by both South African and international intellectual property right
laws. Accordingly, any unauthorised copying, reproduction, retransmission,
distribution, dissemination, sale, publication, or other circulation or
exploitation of such material as aforesaid or any component thereof will
constitute an infringement of such copyright and other intellectual property
rights. The trademarks, names, logos and service marks (collectively
"trademarks") displayed on this website are registered and unregistered
trademarks of 506 Trust and 506 Trust are the lawful users of the trademarks.
Nothing contained on this website should be construed as granting any licence or
right to use any trademarks without the prior written permission of 506 Trust
and these may not be used without its permission.
4. External Links
External links may be provided for your convenience, but they are beyond the control of
506 Trust and no representation is made as to their content. Use or reliance on
any external links provided is at your own risk. When visiting external links
you must refer to that external website's terms and conditions of use. No
hypertext links shall be created from any website whether controlled by you or
otherwise to this website without the express prior written permission of 506
Trust.
5. Children
If you are under 18 years of age, you may use this website
only with the supervision of a parent or guardian. If you represent that you are
of sufficient legal age to use this website you will be bound by any legal
obligations and liabilities that you may incur as a result of your use of this
website and the services. You agree to supervise all usage by minors of this
Website under your name or account.
6. Verification
a. You acknowledge and agree that 506 Trust shall be entitled to establish the authenticity of any
communication transmitted to it by way of the Internet which purports to emanate
from you. You agree that all instructions, consents, commitments, reservations
and any other communications which purport to emanate from you and which are
sent to 506 Trust by way of the Internet and which may (as a result of, inter
alia, interception, equipment malfunction, the distortion of communication links
or any other reason whatsoever) be different from the details actually sent or
given, or may not have been given by you at all, shall be deemed to have been
given by you in the form actually received by 506 Trust and you will be bound by
such details with no liability of whatever nature attaching to 506 Trust in
regard thereto.
b. You waive any rights you may have or obtain against 506 Trust
arising directly or indirectly from any loss or damage of whatsoever nature
which you may suffer as a result of the fact that 506 Trust acts on your
instructions or instructions purported to emanate from you. You agree to and
hereby indemnify 506 Trust against all and any claims, liabilities, losses,
costs, fines, damages and expenses incurred (whether directly or indirectly) by
you, arising as a result of the fact that 506 Trust has acted on your
instructions or instructions which purport to emanate from you.
7. System
Availability 506 Trust will use reasonable endeavours to maintain website
availability, except during scheduled maintenance periods.
8. Warranties
a. You warrant that every instruction and all information given by you to 506 Trust
shall be accurate, true and correct.
b. 506 Trust makes no warranties, representations, statements or guarantees (whether express, implied in law or
residual) regarding the website, any services provided via this website or the
suitability of any of the services for a particular purpose. As 506 Trust
provides certain services to you via the Internet, 506 Trust makes no
representations, nor gives any warranties or guarantees of any nature as to the
availability of any communications network or systems of any third party on whom
you or 506 Trust rely to provide any of the services.
9. 506 Trust Statement of Privacy
a. Your privacy is very important to 506 Trust . To help protect your
privacy, we adhere to the following guidelines.
b. 506 Trust will explicitly ask when they need information that personally identifies you or allows them to
contact you ("Personal Information"). Generally this Personal Information is
requested when making reservations, registering to use this website, when
requesting a particular service, when sending feedback or when entering a
competition.
c. 506 Trust shall be entitled to disclose Personal Information if
required to do so to
(i) comply with applicable law or with legal process served on 506 Trust ;
(ii) to protect and defend the rights or property of 506 Trust,
(iii) for the purposes of distributing same to various third parties who are
involved in the provision of the services provided in accordance with these
terms and conditions.
d. You should also be aware that information and data is
automatically collected through the standard operation of the Internet servers
and through the use of "cookies." "Cookies" are small text files a web site can
use to recognize repeat users, facilitate the user's ongoing access to and use
of the website and allow a website to track usage behaviour and compile
aggregate data that will allow content improvements and targeted advertising.
Cookies are not programs that come onto your system and damage files. Generally,
cookies work by assigning a unique number to you that has no meaning outside the
assigning site. If you do not want information collected through the use of
cookies, there is a simple procedure in most browsers that allows you to deny or
accept the cookie feature; however, you should note that cookies may be
necessary to provide you with certain features (e.g., customized delivery of
information) available on the Websites.
10. General
a. Any claim, dispute or impasse relating to these terms and conditions shall by governed by the laws of
the Republic of South Africa without giving effect to any principles of conflict
of law. You hereby consent to exclusive jurisdiction of the High Court of South
Africa in respect of any disputes arising in connection with the services
referred to herein, or these terms and conditions or any matter related to or in
connection therewith.
b. These terms and conditions constitute the entire
agreement of the parties with respect to the subject matter hereof and
supersedes all prior oral and written agreements. No failure or delay on the
part of 506 Trust in exercising any right or remedy hereunder or enforcing the
terms and conditions of this Agreement will operate as a waiver thereof.
Headings are for convenience only and not for use in interpretation of these
terms and conditions.
c. All provisions of these terms and conditions are,
notwithstanding the manner in which they have been grouped together or linked
grammatically, severable from each other. Any provision of these terms and
conditions which is or becomes unenforceable in any jurisdiction, whether due to
voidness, invalidity, illegality, unlawfulness or for any reason whatever,
shall, in such jurisdiction only and only to the extent that it is so
unenforceable, be treated as pro non scripto and the remaining provisions of
these terms and conditions shall remain in full force and effect.
d. Delay or failure to comply with or breach of any of these terms and conditions if
occasioned by or resulting from an act of God or public enemy, fire, explosion,
earthquake, perils of the sea, flood, storm or other adverse weather conditions,
war declared or undeclared, civil war, revolution, civil commotion or other
civil strife, riot, strikes, blockade, embargo, sanctions, epidemics, act of any
Government or other authority, compliance with Government orders, demands or
regulations, or any circumstances of like or different nature beyond the
reasonable control of the party so failing, will not be deemed to be a breach of
these terms and conditions nor will it subject either party to any liability to
the other. Should either party be prevented from carrying out its obligations by
force majeure lasting continuously for a period of 30 (thirty) days, the parties
will consult with each other regarding the future implementation of these terms
and conditions. If no mutually acceptable arrangement is arrived at within a
period of 30 (thirty) days thereafter, 506 Trust shall be entitled to terminate
all of its rights and obligations in terms of or arising from these terms and
conditions and/or any service forthwith on written notice.
B. DISCLAIMER
506 Trust shall not be responsible for and disclaims all liability for any loss,
liability, damage (whether direct, indirect or consequential), personal injury
or expense of any nature whatsoever which may be suffered by you or any third
party as a result of or which may be attributable, directly or indirectly, to
your use of or reliance on any information provided on and via the website or
any pages of the website, any e-mails sent from the website, services provided
via this website, any viruses that may infect your computer or other property on
account of your access to and/or use of this website, use of content, data or
information made available via the website, any failure, delay or unavailability
of the website or any services offered via the site for any reason whatever and
the supply, or failure or delay in supplying any of the services offered via the
website and you indemnify and hold harmless 506 Trust in respect of any loss,
liability, damage (whether direct, indirect or consequential) or expense of any
nature whatsoever, which may be suffered by you or any third party as a result
of or which may be attributable, directly or indirectly, to any of the
aforesaid.
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