The following definitions are used in these Terms and Conditions:

(i)         Platter’s Online - online version of Platter’s South African Wine Guide

(ii)        ECT Act - Electronic Communications & Transactions Act 25 of 2002

(iii)       John Platter (Pty) Ltd - John Platter SA Wineguide (Pty) Ltd

(iv)       PAIA - Promotion of Access to Information Act 2 of 2000

(v)        T & C - these terms and conditions

(vi)       the website - www.wineonaplatter.com

(vii)      users / you - visitors to the website

1.         Details and general information as required by the ECT Act

1.1       www.wineonaplatter.com (the website) is owned and operated by John Platter SA Wineguide (Pty) Ltd, registration number 1999/099729/07, a South African-based limited-liability company (hereinafter referred to as ‘John Platter (Pty) Ltd’) with Andrew McDowall as executive director.

1.2       Address for receipt of legal service: 2 Sparrowhawk Road, Hemel-en-Aarde Estate, Sandbaai, Hermanus, 7200, Republic of South Africa.

1.3       Website: www.wineonaplatter.com

1.4       Official e-mail address:

2.         Detailed description of goods and/or services

Wine Guide

2.1       Platter’s South African Wine Guide is the original and still best-selling annual book about the wines and wineries of South Africa. It is available as follows:

• as a yearly hardcopy book;
• as an online publication, on this website, currently comprising the bulk of the data for editions 2007 - 2011 (hereafter referred to as 'Platter's Online'); and
• an Apple® iPhone® App (hereinafter referred to as ‘Platter's iPhone® App’).

2.2       The above are published and marketed by John Platter (Pty) Ltd.

2.3       The hardcopy book can be ordered and purchased online from http://www.kalahari.net/ or http://www.sawinesonline.co.uk/, or from selected bookstores and other outlets.

2.4       Platter's Online is an online publication of the wine guide, currently comprising the 2007 - 2011 editions of the hardcopy version of Platter’s South African Wine Guide. Platter's Online is accessible from this website at a price of R 99,99 per year.

2.5       Platter's iPhone® App, brought to you in conjunction with Wine-Oh!, is available for purchase and download directly from iTunes or from the Wine-Oh! home page.

Newsletter

2.6       John Platter (Pty) Ltd also distributes an occasional newsletter, containing news updates about the company and the guide, as well as special offers of potential interest to you. The website provides you with the option to choose to receive the newsletter, along with the ability to unsubscribe at any time.

Other

2.7       John Platter (Pty) Ltd may wish to communicate with you from time to time via e-mail.  Your privacy rights (see para 10) include the right to choose not to receive any communications from us.

3.         Applicability of these Terms and Conditions (hereinafter referred to as ‘T&C’)

3.1       Visitors to the website (hereinafter referred to either as ‘users’ or ‘you’), including subscribers to the Platter's Online publication, and registered recipients of the newsletter or any other offering on the website, are bound by the T&C contained herein. Purchasers of Platter's iPhone® App are bound by the T&C determined by Apple Inc. as set out on iTunes Legal Information & Notices.

3.2       If you do not agree to these T&C, you must immediately discontinue using this website.

3.3       If you continue using the website, your conduct constitutes acceptance of these T&C.

4.         Subscribing to Platter's Online publication

4.1       The application will become effective when:

• you electronically submit a properly completed subscription application via the website; and
• payment is successfully made via the PayGate/Standard Bank payment gateway.

4.2       Termination/cancellation of subscription

• John Platter (Pty) Ltd reserves the right, whether for purposes of preventing suspected fraud or otherwise, to refuse to accept or process an application without giving reasons. John Platter (Pty) Ltd 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.
• The ECT Act entitles users to cancel certain transactions concluded electronically on a website within seven (7) days after date of receipt of the goods, and to obtain a full purchase price refund. Online subscriptions are specifically excluded from this provision. Nonetheless, should you for any reason wish to cancel your subscription within 24 hours after concluding the transaction, John Platter (Pty) Ltd will refund your full subscription fee.

4.3       Price payable

• The fee payable for Platter's Online is R 99,99 for a twelve (12) month subscription to the online publication via our website. The price is inclusive of Value Added Tax.

• (Hardcopy: the suggested retail price for the 2011 hardcopy of Platter's South African Wine Guide is R 159,99. The price is inclusive of Value Added Tax. The hardcopy is not sold on this website but can be ordered electronically from www.kalahari.net or www.sawinesonline.co.uk, or otherwise obtained from selected bookstores and other outlets.)

4.4       Payment method & transaction record

Credit card payment via the PayGate payment gateway on the website

• You will need to select the 'Sign in/Up' button in the 'Subscribe to the online version' box on the website. From there you will be taken to the secured PayGate payment gateway. You will then need to enter the relevant details from your credit card and thereafter, once you processed the transaction and the payment was successfully concluded, you willreceive confirmation by email.
• John Platter (Pty) Ltd shall keep a record of your subscription to the online publication for a period of twelve (12) months following the date of your successful subscription. Should you wish to access the transaction record after this period, you will have to make a copy and file it away for your own record keeping.

4.5       Delivery

• Upon receipt of payment, John Platter (Pty) Ltd will inform you by email. You will then enjoy immediate access to the online publication.
• Generally, delivery of the email notification should occur within a few seconds, but can also take a few hours. If delivery occurs later than twenty-four (24) hours after making the payment, John Platter (Pty) Ltd will extend your subscription for the corresponding period of time. Immediately inform of any delays, so we can make the necessary adjustments.

4.6 Defects

• Should you experience any problems in accessing the online publication, or any other defects, you must report the problem to .

5.         Access to the Platter's Online publication

5.1       Access to the Platter's Online publication will be granted immediately after receipt by John Platter (Pty) Ltd of a duly completed application, together with payment of the annual fee.

5.2       Should immediate access not be possible, whether as a result of a delay with the payment gateway or unavailability of the site due to technical reasons, and the delay extends for longer than twenty-four (24) hours, John Platter (Pty) Ltd will extend your subscription for the corresponding period of time.

5.3       You will be able to access the online publication and at any time following delivery to you of the payment confirmation, except if you deleted the confirmatory email or if either you or John Platter (Pty) Ltd cancelled the transaction as referred to in clause 4.2 above.

5.4       The online publication 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.

5.5       You will need to be connected to the internet whenever you attempt to access the online publication. Should you prefer to access Platter's South African Wine Guide in offline mode, and you own an iPhone®, iPod touch® or iPad®, we suggest you consider purchasing Platter's iPhone® App. Should you own an Android or other non-Apple mobile device, and would like to access Platter's Guide in offline mode, please message us at and we will notify you when the Guide becomes available on your mobile platform.

6.         Copyright and intellectual property protection

Website

6.1       Any and all copyright subsisting in the website, including these T&C, vests in John Platter (Pty) Ltd and all rights not expressly granted are reserved.

Platter's Online publication

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

6.3       You may access part or the whole of Platter's Online publication only for your personal and non-commercial use. Any other use of a part or the whole of Platter's Online publication with 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 publication. It is also prohibited to print, copy, or ‘lend’ the online publication to any other person without the written permission of the publisher.

6.4       Should you access Platter's Online publication, you acknowledge and agree to these terms and undertake not to perform or allow any of the activities mentioned in this paragraph 6.

6.5       You agree and warrant that your log-in name and password shall be used for your personal use only and that you shall not disclose it to any third party.

6.6       You are encouraged to report any abuse of these provisions that you may become aware of.

7.         Posting of comments

7.1       John Platter (Pty) Ltd cannot edit all the content available on or from the website, and does not accept any liability for illegal, defamatory or obscene content.

7.2      Any comments posted by you on MyPlatter or other pages of the website must adhere to generally accepted norms. You hereby undertake not to post comments and/or content that

• constitutes hate speech; incites violence or hatred; is discriminatory (including, without limitation, racial, gender or religious slurs); threatens to cause bodily harm; or
• is illegal or unlawful; known to be false or misleading;
• 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
• has content that may expose John Platter (Pty) Ltd 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.

7.3       You are encouraged to inform John Platter (Pty) Ltd of any content that may be offensive or illegal as described in 7.2 above by emailing us or clicking on the 'Report Abuse' link below the comment.

8.         Disclaimer

8.1       Apart from the provisions of sections 43(5) and 43(6) of the ECT Act, John Platter (Pty) Ltd 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, the online publication, or services or content provided from and through this website.

8.2       John Platter (Pty) Ltd makes 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.

8.3       Information, ideas and opinions expressed on this website are for information purposes only. John Platter (Pty) Ltd does not accept responsibility for any damage or loss that may occur should you act in reliance on any information.

9.         Jurisdiction of South African courts and address for receipt of any court documents or notices

9.1       This website is hosted, controlled and operated from the Republic of South Africa and is governed by South African law. You and John Platter (Pty) Ltd agree to the jurisdiction of the South African courts.

9.2       John Platter (Pty) Ltd chooses as its domicilium citandi et executandi (i.e. its address for all purposes under these T&C, whether in respect of court process, notice, or other documents or communication of whatsoever nature), the following address: 2 Sparrowhawk Road, Hemel-en-Aarde Estate, Sandbaai, Hermanus, 7200, Republic of South Africa.

10.       Privacy

10.1     John Platter (Pty) Ltd shall take all reasonable steps to protect your “personal information”, as defined in the Promotion of Access to Information Act 2 of 2000 (PAIA).

10.2     In order to (i) verify your identity when transacting with us; (ii) acknowledge you when you access the website; and (iii) inform you of facts relating to your access and use of the website (should you provide your consent thereto), John Platter (Pty) Ltd may electronically collect, store and use the following of your personal information:

• name and surname;
• date of birth, ID number / passport number, gender;
• country of residence;
• closest city;
• e-mail address;
• mobile number (if provided); and
• IP address.

10.3     John Platter (Pty) Ltd undertakes not to disclose your personal information unless you specifically consent thereto, or is otherwise obliged through due legal process.

10.4     John Platter (Pty) Ltd may compile, use and share any information that does not relate to any specific individual.

10.5     John Platter (Pty) Ltd owns and retains all rights to non-personal statistical information collected and compiled by it.

11.       Security

11.1     Any person that 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 John Platter (Pty) Ltd may suffer as a result.

11.2     You allow John Platter (Pty) Ltd to take all reasonable steps to ensure the integrity and security of the website and back-office applications.

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

12.       Variation/amendments to Agreement

12.1     John Platter (Pty) Ltd may, in its sole discretion, change these T&C or any part thereof at any time with or without notice by publishing the changes on the website.

12.2     You are responsible to visit the website to verify whether there have been amendments and, should you not be satisfied with the amendments, you must refrain from using the website in any way or submit your concerns to .

13.       Commencement of the T&C

13.1     These T&C commence from the date on which they are published on the website and continue indefinitely (and as amended by John Platter (Pty) Ltd from time to time) and while the website exists and remains operational.

13.2     John Platter (Pty) Ltd may terminate these T&C and/or discontinue the website at any time.

14.       Electronic communication

• When you visit the website or send e-mails to John Platter (Pty) Ltd, you consent to receiving communications from John Platter (Pty) Ltd electronically and agree that all agreements, notices, disclosures and other communications sent by John Platter (Pty) Ltd satisfy any legal requirements, including any requirement that such communications should be in writing.