Terms and Conditions

 

These terms and conditions are applicable to Platter's Online and to the Website brought to You by John Platter SA Wineguide (Proprietary) Limited.

Important clauses, which may limit our responsibility; place an obligation on You to indemnify us; involve an acknowledgement of any fact; or involve some risk for You, will be in bold and italics or highlighted. You must pay special attention to these clauses.

1. Definitions

1.1. ECT Act means the Electronic Communications & Transactions Act 25 of 2002;

1.2. PAIA means the Promotion of Access to Information Act 2 of 2000;

1.3. Platter's / We / Us / Our means John Platter SA Wine Guide (Proprietary) Limited with registration number 1999/099729/07,  a private company with limited liability registered in terms of the company laws of the Republic of South Africa;

1.4. Platter's App means the version of Platter’s South African Wine Guide for smartphones, tablets and other mobile devices;

1.5. Platter’s Online means the online publication version of Platter’s South African Wine Guide;

1.6. Terms means the terms and conditions contained in this document;

1.7. VAT means value added tax;

1.8. Website means www.wineonaplatter.com; and

1.9. You / Your means any person who visits or accesses the Website and/or subscribes to Platter's Online.

2. General Information (as required by the ECT Act)

2.1. The Website and Platter’s Online are owned and operated by Platter's.

2.2. Our physical address for service of legal documents is:

2 Sparrowhawk Road

Hemel-en-Aarde Estate

Sandbaai

Hermanus

7200

2.2. Our official e-mail address is admin@wineonaplatter.com

3. Introduction

3.1. Before You use the Website, Platter’s Online or Platter’s App it is important that You read and understand these Terms which apply to the use of the Website, Platter’s Online or the Platter’s App.

3.2. Platter’s maintains the Website where You can find information about Platter’s South African Wine Guide hard cover, Platter’s Online and Platter’s App.

3.3. These Terms will apply together with any current version of the Terms which will be available each time You use the Website.

3.4. The Terms will govern the relationship between You and Us only.

3.5 You may have other rights granted to You by law, and these Terms do not affect these rights.

3.6. The terms and conditions of other providers (for example Apple Inc. and Google Inc.) will apply, and it is important that You read and understand these before using the Website.

4. Goods and Services

4.1. Platter’s South African Wine Guide is the original and best-selling annual book about the wines and wineries of South Africa; is published by Platter's; and is available in the following formats:

4.1.1. Platter’s South African Wine Guide: a yearly hard copy book;

4.1.2. Platter's Online: an online publication, currently comprising the bulk of the data for editions 2008 - 2014; and

4.1.3. Platter's App: an application available for download to Apple® iPhone®, Apple® iPad® and Google® Android® devices.

4.2. The hard copy of Platter’s South African Wine Guide can be ordered electronically from www.wineonaplatter.com/products, or otherwise obtained from selected bookstores and other outlets.

4.3. Subscriptions to Platter's Online are available from www.wineonaplatter.com/products.

4.4. Platter's App will be available on the App Store and Google Play in due course.

4.5. Newsletters

4.5.1. We distribute occasional newsletters containing news updates about Platter's and Platter’s South African Wine Guide as well as special offers which may be of interest to You.

4.5.2. On opening Your account, the Website provides You with an option to receive newsletters and/or marketing which You can elect to receive or not.

4.5.3. In the event You choose to receive newsletters and You later change Your mind, You can unsubscribe at any time by clicking the unsubscribe link in the newsletter.

4.6. Emails

4.6.1. We may communicate with You by e-mail from time to time. We respect Your privacy and should You wish not to receive any further email communications from Us, please unsubscribe from the mailing lists at http://www.wineonaplatter.com/myplatter.

5.   Applicability of these Terms

5.1. You and visitors to the Website, including subscribers to Platter's Online, registered recipients of Platter's newsletter and any other offering on the Website, are bound by these Terms.

5.2. If You downloaded Platter's App, You will be bound by the terms and conditions of:

5.2.1. Apple Inc.'s iTunes Legal Information Notice and

5.2.2. Google Inc.'s Google Play Terms of Service.

5.3. If You do not agree to these Terms, You must immediately discontinue using the Website (including Platter's Online and Platter's App).

5.4. If You choose to use the Website (including Platter's Online and Platter's App), Your use constitutes acceptance of these Terms.

6. Subscription to Platter's Online

6.1 Application

6.1.1. If You don’t already have an account with Us, please create an account by clicking on ‘Don’t have an account? Please create one now’ and supplying Your email address, first name, surname, title, creating a unique password and accepting these Terms and conditions.

6.1.2. Activate the account by clicking the activation link which will be sent to You by Us.

6.1.3. Purchase a subscription from the Platter’s store (www.wineonaplatter.com/products);

6.1.4. Provide Your payment details by providing the cardholder name, card number, CVV digits (the last 3 digits on the back of the card), the expiry date of the card and accepting these Terms.

6.1.5. Once We have received Your payment successfully, You will receive a confirmatory email and You will be a subscriber.

6.2. Acceptance

6.2.1. We reserve the right, whether for purposes of preventing suspected fraud or otherwise, to refuse to accept or process an application submitted to Us by You without giving reasons. We shall in such an instance refund monies already paid by You but shall accept no further liability which may arise as a result of its refusal to process Your subscription application.

6.3 Cancellation

6.3.1. The ECT Act entitles certain users to cancel certain transactions concluded electronically on a website within 7 days after date of receipt of the goods purchased and to obtain a full refund of the purchase price. Online subscriptions, such as Platter’s Online, are specifically excluded from this provision.

6.3.2. Notwithstanding the above provision, if for any reason You would like to cancel Your subscription, You can do so within 24 hours after concluding Your subscription with Us and We will refund You Your full subscription price.

6.4. Payment

6.4.1. After adding products to Your basket, proceed to the payment section. Your payment will be securely processed by the PayGate payment gateway (PayGate).

6.4.2. You will be requested to provide Your payment details by providing the cardholder name, card number, CVV digits (the last 3 digits on the back of the card), the expiry date of the card and accepting these Terms.

6.4.3. Once We have received Your payment successfully, You will receive a confirmatory email, Your subscriptions will be enabled and any physical products will be ordered.

6.5. We shall keep a record of Your purchase/s from Platter’s Online for a period of 12 months following the date of Your successful subscription. Should You wish to access the transaction record after this period, You must make a copy and file it away for record keeping.

7. Delivery

7.1.1. Upon receipt of payment by You to Us of the price (as set out in 6.4 above), We will send You email confirmation of Your purchase. Any subscriptions purchased will be immediately activated and physical products will be ordered and dispatched as soon as possible, usually within one business day.

7.1.2. Delivery of the email notification (as set out in 7.1.1) can take up to 24 hours. If You don’t receive the email notification within 24 hours after making payment, We will extend Your subscription for the corresponding period of time. Please inform Us of any delays as soon as is possible at support@wineonaplatter.com and We will attend to the necessary adjustments and / or query.

7.2. Defects

If You experience any problems accessing the Website, Platter’s Online or any defects on the Website or Platter’s Online, please report the problem to Us at support@wineonaplatter.com.

8. Access to Platter’s Online

8.1. Access to Platter's Online will be granted immediately after receipt by Us from You of a duly completed application, together with successful payment of the subscription price confirmed by email.

8.2. Should immediate access not be possible, whether as a result of a delay with the payment gateway or unavailability of the Website due to technical reasons, and the delay extends for longer than 24 hours, We will extend Your subscription for the corresponding period of time.

8.3. You will be able to access Platter’s Online at any time following delivery (as set out in 6.6) to You of the payment confirmation, except if You have deleted the confirmatory email or if either You or We cancel the transaction as referred to in clause 6.2 and 6.3 above.

8.4. Platter's Online will be capable of being accessed with any standard desktop, laptop or mobile computing device running standard web browsing software with JavaScript scripting language enabled.

8.5 You will need to be connected to the internet whenever You attempt to access Platter’s Online. Should You prefer to access Platter's South African Wine Guide in offline mode, and You own an iPhone®, iPod touch®, iPad® or Android® device, we suggest You consider downloading Platter’s App.

9. Copyright and Intellectual Property Protection

9.1. Website

9.1.1. Any and all copyright subsisting in the Website, including these Terms, vests in Us and all rights not expressly granted and reserved.

9.2. Platter’s Online

9.2.1. Platter's Online, together with all the information contained therein, is the exclusive property of Platter's (and/or its licensors) and is protected by the laws relating to copyright and intellectual property.

9.2.2. You may access part or the whole of Platter's Online for Your personal and non-commercial use only. Any other use of a part or the whole of Platter's Online without the publisher's written permission is prohibited, and You may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit the content of Platter's Online. It is also prohibited to print, copy, or ‘lend’ Platter’s Online to any other person without the written permission of the publisher.

9.2.3. Should You access Platter's Online, You acknowledge and agree to these Terms and undertake not to perform or allow any of the activities mentioned in this paragraph 9.

9.2.4. You agree and warrant that Your login name and password shall be used for Your personal use only and that You shall not disclose it to any third party.

9.2.5. You are encouraged to report any abuse of these provisions that You may become aware of to Us.

10. Posting comments

10.1. You may post comments on the Website which must adhere to generally accepted norms. By opening an account and / or subscribing to Platter’s Online You undertake not to post comments or upload content that –

10.1.1. constitutes hate speech; incites violence or hatred; is discriminatory (including, without limitation, racial, gender or religious slurs); threatens to cause bodily harm; or

10.1.2. is illegal or unlawful; known to be false or misleading;

10.1.3. infringes or may infringe on the intellectual property rights or privacy rights of any other person, or infringes on a duty of non-disclosure to another person; or

10.1.4. has content that may expose Platter’s or any other users to harm or liability of any type; impersonates any person or entity; or conducts an attack on or insults any person or entity.

10.2. While We review the Website and Platter’s Online, We cannot edit all the content available on and from the Website. We accept no liability for an illegal, defamatory or obscene content.

10.3. Please inform Us of any content that may be offensive or illegal as set out above by emailing Us or clicking on the ‘Report Abuse’ link below a comment.

11. Disclaimer

11.1. Apart from the provisions of sections 43(5) and 43(6) of the ECT Act, We shall not be liable for any damage, loss or liability of whatsoever nature arising from the use of, or inability to gain access to the Website, Platter’s Online, or services or content provided from and through this Website.

11.2. We make no representations or warranties, implied or otherwise, that the content and technology available from this Website are free from errors or omissions, or that the service will always be uninterrupted and error free.

11.3. Information, ideas and opinions expressed on this Website are for information purposes only. We do not accept responsibility for any damage or loss that may occur should You act in reliance on any information.

12. Jurisdiction

12.1. The Website and Platter’s Online are hosted, controlled and operated from the Republic of South Africa and governed by the law of the Republic of South Africa.

12.2. You agree to the jurisdiction of the courts of the Republic of South Africa.

13. Address for Service of Legal Notices

13.1. Our address for service of legal notices is:

2 Sparrowhawk Road

Hemel-en-Aarde Estate

Sandbaai

Hermanus

7200

14. Privacy

14.1. We shall take all reasonable steps to protect Your personal information (as defined in the Promotion of Access to Information Act 2 of 2000 (PAIA).

14.2. In order to:

14.2.1. verify Your identity when transacting with Us;

14.2.2. acknowledge You when You access the Website; and

14.2.3. inform You of facts relating to Your access and use of the Website (should You provide Your consent thereto),

14.2.4. We may electronically collect, store and use the following personal information:

  • Name and surname
  • Date of birth
  • Identity number / passport number
  • Gender
  • Country of residence
  • Closest city
  • Email address
  • Mobile number
  • IP address
  • 14.2.5. We undertake not to disclose Your personal information unless You specifically consent thereto, or We are legally obliged to do so through due legal process.

    14.2.6. You agree that We may compile, use and share any information that does not relate to any specific individual.

    14.2.7. We own and retain all rights to non-personal statistical information collected and compiled by Us.

    15. Security

    15.1. Any person who delivers or attempts to deliver any damaging code to this Website, or attempts to gain unauthorised access to any page on this Website shall be prosecuted and damages shall be claimed for any loss or damages that We may suffer as a result.

    15.2. You allow Us to take all reasonable steps to ensure the integrity and security of the Website and back-office applications.

    15.3. Credit card transactions will be acquired for Us via PayGate (Pty) Ltd (PayGate), who is the approved payment gateway for The Standard Bank of South Africa Limited. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the Website. PayGate's security certificate and security policy may be viewed here.

    16. Amendments

    16.1. We reserve the right to do the following, at any time without prior notice to You:

    16.1.1. change these Terms;

    16.1.2. change the content and / or services available on the Website; and

    16.1.3. discontinue any part of the Website or Platter’s Online which is available on the Website.

    16.2. Each time You visit the Website, You agree to the current Terms. In the event that You do not agree with the Terms You must immediately leave the Website. Please submit any concerns You may have to Us at feedback@wineonaplatter.com.

    17. Amendment or Termination

    17.1. We may amend or discontinue the Website at any time. In the event We discontinue the Website We will endeavour to notify You.

    18. Electronic Communication

    18.1.  When You visit the Website or send e-mails to Us, You consent to receiving communications from Us electronically and agree that all agreements, notices, disclosures and other communications sent by Us to You satisfy any legal requirements, including any requirement that such communications should be in writing.

     
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