Your use of the DrinkServe User Account and the Services (as defined below) is subject to the terms of this User Agreement (defined below). Please read this User Agreement carefully before deciding to use the User Account and the Services.
You should pay special attention to the parts in bold as they have especially important consequences for you. For example, they may limit the risk or liability of DrinkServe or a third party, may create risk or responsibility for you, compel you to indemnify us or a third party or, serves an acknowledgement of fact by you.
If you click or check “I `” on the checkbox provided or make use of DrinkServe Card and vending machine and we accept your registration, this User Agreement becomes a legally binding contract between you and the DrinkServe entity for your country listed in the Country Specific Terms found at the end of this User Agreement (DrinkServe or us). This User Agreement applies to your use of a ‘DrinkServe User Account’ (“a User Account”) and the various services made available to you by DrinkServe (“the Services”). If you do not accept this User Agreement, you may not register for a User Account or use the Services.
You may access this User Agreement at any time on the User Agreement page on our Website. The headings in this User Agreement are for reference purposes only and do not limit the scope of any section.
This User Agreement may be amended from time to time. New or amended documents will be posted on the Website and on the DrinkServe mobile application (if available) (“the Mobile App”) on the DrinkServe Legal page. The new or amended documents will apply to you from the earlier of date of acceptance via the Mobile App or Website, or within 30 days of being posted on the Website. If you disagree with any amendment, you should stop using the User Account and Services immediately.
- User Accounts are available to any individual over the age of 18 or the age of majority in your country (whichever is higher) who is a resident of a country listed in the Country Specific Terms found at the end of this User Agreement. By registering for a User Account, you represent (promise) to us that you meet are eligible to enter into this User Agreement with us.
- Your user account will enable you to purchase alcoholic and non-alcoholic beverages from DrinkServe enabled vending machines, it is your obligation to ensure you are of legal drinking age to consume alcoholic beverages.
- In order to register for a User Account, you must meet the eligibility criteria in clause 1 above, accept this User Agreement and complete the registration process for a User Account. Completion of these steps does not automatically entitle you to a User Account. We may, in our sole discretion (acting reasonably) refuse your registration if, for example, you have previously been suspended from any of our services or you pose an unacceptable level of risk.
3. DRINKSERVE USER AACOUNT
- Important to know:
- We act as agents and/or provide the platform, vending machines and other equipment to restaurants, bars, lounges, retailers, and other entities (“Merchants”) enabling Users to purchase beverages with DrinkServe Credits from Merchants. Products and services, you purchase from Merchants are subject to these terms and conditions.
- DrinkServe Card: you will be issued a DrinkServe Card linked to your User Account by a Merchant after completing the registration process and successfully loading funds on to the DrinkServe Card. The DrinkServe Card enable you to identify your User Account to a vending machine for the purchase of beverages dispensed by the vending machine with DrinkServe Credits loaded on to your User Account.
- Nature of User Account: The User Account operates as a virtual User Account which allows the user to;
- buy money (DrinkServe Credits);
- purchase beverages from a Merchant dispensed from DrinkServe enabled vending machines.
- store credit/debit card details (“Bank Cards”) and/or other payment tender types to buy DrinkServe Credits;
- transfer Credits to other users;
- manage refunds and view transaction history; and
- receive promotions from Merchants.
- Access: You can access your User Account by logging into the Website or the Mobile App. Your User Account transaction history and DrinkServe Credit balance is available on the Website or through the Mobile App.
- Limitations: You may not hold more than one User Account, act as an agent for another person in opening and/or operating a User Account or allow beneficial ownership of all or part of your User Account by a third party (including a juristic entity in which you have an interest).
- User Account for payments only: This User Agreement applies to Users as the makers of payments. Should you wish to receive payments as a Merchant, you must complete a separate registration process which can be found on our website.
- DrinkServe acts as your agent: This User Agreement regulates the use of your User Account and the services described in this Agreement.You hereby appoint DrinkServe to act as your agent to manage the User Account, and to receive and transfer funds on your behalf in accordance with this User Agreement. DrinkServe accepts this appointment.
4. PURCHASING DRINKSERVE CREDITS
- Your User Account enables you to buy DrinkServe Credits;
- via a separate Top-up transactions at any Merchant with sufficient DrinkServe Credits to resell; or
- online or via our Mobile App (if available) via any one of the payment options available to you online.
- DrinkServe Credits CAN ONLY BE REDEEMED FOR BEVERAGES DISPENSED FROM A DRINKSERVE ENABLED VENDING MACHINE AT A DRINKSERVE AUTHORISED MERCHANT.
- DrinkServe Credits in your User Account are held separately from DrinkServe’s other funds and are held by DrinkServe as agent on your behalf. You agree that any interest accruing on funds transferred to DrinkServe accrues to DrinkServe.
- Without prior notice, DrinkServe or Merchant may change the price, discontinue the availability of a beverage or change the venue of a vending machine.
- All prices displayed are in the currency indicated on the vending machine at the time of purchase.
- All prices indicated will be inclusive of VAT but exclusive of any other applicable charges, which, unless otherwise indicated, will be charged separately.
5. REDEEMING DRINKSERVE CREDITS
- DrinkServe Credits bought can be used to;
- purchase beverages dispensed from a DrinkServe enabled vending machine sold by a DrinkServe approved Merchant. Your User Account will be reduced (debited) with the value of the beverage dispensed as advertised on the vending machine at time of purchase.
- transfer to other users. Transferred Credits cannot be refunded back to you.
- Your DrinkServe User Account will enable you to purchase any beverage, subject to legal age limits of beverage being dispensed from any Merchant subject to Merchant specific access and license terms and condition posted by each Merchant in relation to the premise where the vending machine is located.
- Lost or Stolen DrinkServe Cards
- In the event that your DrinkServe Card is lost or stolen, you will need to obtain a new Card from a Merchant, a lost Card replacement fee may apply to replace your lost or stolen Card. Your old Card will be deactivated, and new Card linked to your account after you have successfully authenticated the User Account.
- DrinkServe nor any Merchant takes any responsibilities for any losses incurred as a result of your card being stolen or lost by you.
- Refunds Policy
- DrinkServe credits can only be refunded within in 24 (twenty-four) hours from being bought, refunds will not be allowed outside this time period.
- Credit bought via Bank Cards will only refunded back to the card used to buy the Credits with.
6. USER ACCOUNT SERVICES AND GENERAL INFORMATION
- Important to know:
- Any information you provide to us for the purposes of us providing you with our services, may need to be shared with our service providers or for the purposes of checking your credit record. We will not do anything else with your personal information unless we obtain your prior consent.
- Your DrinkServe User Account will in addition enable you to;
- Review past transaction history;
- Maintain your user profile information;
- Maintain your notification settings;
- DrinkServe may add payment tender types from time to time by updating this User Agreement.
- Person to Person transfers (P2P) (If applicable)
- In certain countries, you can instruct DrinkServe to transfer some or all your DrinkServe Credits to another User, in which event the transferred DrinkServe Credits will cease to be held on your behalf and will then be held by DrinkServe on the other User’s behalf. To check if P2P is available in your country and/or to find out more details P2P please visit our Website.
- Upon receiving the DrinkServe Credits, the other User can then use such DrinkServe Credits in accordance with the terms of his/her User Agreement.
- Should you receive DrinkServe Credits from another user, 1 above will apply to how you may use those DrinkServe Credits.
- It is your sole responsibility to ensure that you transfer DrinkServe Credits to the correct username or mobile number. Please note the provisions of 1 below.
- DrinkServe Account Fees and Charges
- Please see 22 below for fees and charges applicable to your country. DrinkServe may change its fees from time to time by updating the relevant section of this User Agreement.
- Terms Applicable to Certain Purchases
- A User Account may allow you to purchase certain products or beverages, that are governed by additional terms. Please see 22 below for current products and terms applicable to your country. DrinkServe may change the products and terms at any time by updating the relevant section of this User Agreement.
7. NOTES REGARDING SERVICES
- No reversals: Once DrinkServe makes a payment in accordance with your instruction you will not be able to instruct DrinkServe to cancel or reverse the payment for any reason (including overpayment, where payment is made to the wrong person or where goods purchased are not delivered or are defective). To reverse a payment, you must contact the Merchant directly to arrange a refund.
- Indemnity: DrinkServe shall not be liable for any payments made in accordance with your instructions and you hereby indemnify DrinkServe against any loss, expense or damage which may be suffered, or any third party claims which may be made against DrinkServe, arising out of payments made in accordance with your instructions.
- Chargebacks: If you load DrinkServe Credits into your User Account using a bank debit or credit card payment into DrinkServe’s bank account and the payment is thereafter charged back by the Card issuer, you will remain liable to DrinkServe for any DrinkServe Credit payments made by DrinkServe on your behalf prior to the chargeback.
- Limits: DrinkServe may implement limits on amounts that you can load into your User Account and/or make payments with and/or allocate to other Users. Please see 21 below for limits applicable to your country. DrinkServe may change the limits at any time by updating the relevant section of this User Agreement. Certain changes may be required by applicable law and may be enforced immediately without notice.
- Recurring Transactions: When making payments with your stored bank card details, we may at our sole discretion load certain transactions as recurring transactions, meaning that you authorise us to deduct amounts from your User Account, without obtaining additional security verification from you. You provide this consent to us for the duration of this User Agreement.
- Providing information: When you register for a User Account, you will be required to provide certain personal and other information (Personal Information) to DrinkServe to enable us to provide the Services to you. When you use the User Account and the Services, certain of your Personal Information may be transmitted to the relevant Merchant or other User (as is necessary to complete the transaction), and/or you may be requested to provide us and/or the relevant Merchant or other User with further information. DrinkServe respects your privacy and shall take all reasonable and legally required steps to protect your Personal Information and other information.
- Accuracy of information: To the extent allowed by law, you are solely responsible for providing true, accurate, current and complete Personal Information and other information to us, Merchant and other Users; for maintaining and promptly updating your Personal Information to keep it true, accurate, current and complete; for acquainting yourself and complying with all relevant rules and legislation in force from time to time and applicable to any of the Services provided to you. DrinkServe will not be liable to you for any loss, expense, or damage suffered by you, or claims made by third parties against you, which arise from or in relation to your having submitted inaccurate Personal Information or other information. To the extent allowed by law, you further indemnify DrinkServe against any loss, expense or damage we may suffer, or claims made by third parties against DrinkServe, which arise from or in relation to you having submitted inaccurate Personal Information or other information.
- Identification and information: You authorise DrinkServe, during your initial registration process and from time to time thereafter, to make any inquiries it considers reasonably necessary to verify your identity, Personal Information and/or any other information provided. Such verification may include but is not limited to verifying the Personal Information you provide against third party databases and requiring you to provide DrinkServe with faxed or scanned copies of documentation such as the biographical data page of identification documents or proof of address. Personal Information provided to DrinkServe will be kept confidential and will not be disclosed to any third party, save as described above. DrinkServe does not guarantee any Merchant’s or User’s identity.
- You hereby consent to DrinkServe, during your initial registration process and from time to time making all such queries and/or taking all such steps in respect of your information as DrinkServe may be lawfully entitled to do from time to time.
- Use of your Personal Information and other information:
- DrinkServe will not sell or rent your Personal Information to third parties for marketing purposes without your consent.
- By agreeing to this User Agreement, you expressly consent to us using your Personal Information to communicate with you and (unless you opt out on the Website) to send you marketing and promotional information relating to our Services and the services offered by our Merchant. You can manage your notification settings by logging into your account on the Website.
- YOUR USE OF DRINKSERVE VENDING MACHINES OCCURS AT YOUR OWN RISK. Any damage or loss suffered may be addressed with the Merchant.
- Your security obligations:
- To become a User, you will be required to select and provide us with a unique username and password, which will enable you to sign into your User Account on the Website. You will also be given a starting PIN or will be required to provide us with a PIN, which you will use to access the Mobile App. If you are given a starting PIN by SMS, it is your responsibility to select a new PIN.
- It is your responsibility, and you agree, to keep your username, password and PIN secure and confidential always. You shall be fully responsible for all activities that occur under your username, password and PIN. You agree that your username, password and PIN will only be used for your own personal use and will not be disclosed to any other person, and that you will not enable any other person to access your User Account. You acknowledge that if a third party becomes aware of your username, password and/or PIN, such person may gain access to all the Services and features associated with the operation of your User Account. DrinkServe cannot and will not be liable for any loss, claim or damage you suffer or incur arising from and/or as a result of the use, whether authorized or unauthorized, of your username, password and/or PIN. Should you forget, or for any other reason need to reset, your username, password and/or PIN, you can follow the process provided on the Website or in the Mobile App. Should you still encounter problems, please contact our Support Team.
- You should immediately notify us if you believe:
- there has been an unauthorized transaction or unauthorized access to your account;
- there is an error in your account history statement (you can access your account history by logging into your account on our Website) or in your transaction confirmation sent to you by email;
- your password or mobile PIN has been compromised;
- your DrinkServe User Account Mobile-activated phone has been lost, stolen or deactivated; or
- you need more information about a transaction listed on the statement or transaction confirmation.
- Our security obligations:
- DrinkServe stores and processes Your Personal Information, as well as all information relating to the use of your User Account, on computers that are located in the Republic of South Africa and protected by physical and technological security devices.
- All Stored Card Details are secured by secure socket layer (SSL) and transfer layer security (TLS) encryption and reinforced through various encryption processes in order to provide protection for all sensitive payment information. DrinkServe does not store or access any unencrypted Stored Card Details. Stored Card Details entered by you are SSL and TLS encrypted and stored in our PCI compliant environment.
- DrinkServe uses third parties to verify our privacy principles.
- DrinkServe’s registration documents and the Website’s registered domain name are checked and verified by DrinkServe contracted domain name authority.
- DrinkServe takes all reasonable steps to ensure the integrity and security of the Website, Mobile App and all back-office applications.
10. PROHIBITED CONDUCT
- Agreement of use: You agree to use the Services in accordance with the terms of this User Agreement, our Website Terms, and all applicable laws, regulations and ordinances. In particular, you undertake not to engage in any of the following prohibited conduct:
- to assist or purchase alcoholic beverages for your own consumption or on behalf of any other person if you or the other person is not of legal age to drink or legally eligible to drink alcoholic beverages;
- threatening, stalking, defrauding, inciting, harassing, or advocating the harassment of another person, Merchant or User, or otherwise interfering with another person’s use of a User Account, the Services, the Website or the Mobile App;
- submitting false, inaccurate, incomplete, outdated or misleading information on the Website or Mobile App;
- using a User Account, the Services, the Website or the Mobile App to conduct fraudulent or illegal activities (including illegal gambling or gaming activities);
- delivering or attempting to deliver any damaging code to the Website or Mobile App, or attempting to gain unauthorised access to any page on the Website or Mobile App; or
- removing or modifying any copyright, trademark or other proprietary rights notice on the Website or Mobile App, or on any materials printed or copied from the Website or Mobile App.
- Liability for prohibited conduct: You acknowledge that if you breach any of the conditions set out in 1 above, DrinkServe may incur substantial damages. Accordingly, in the event of a breach:
- your User Account may be limited, suspended or immediately terminated;
- you may be subject to criminal prosecution;
- you will be liable for any damages we incur, including without limitation all costs, expenses, and fines levied on DrinkServe by third parties such as payment processors and/or service providers as a result of your breach.
- Litigation costs: You agree that, if either you or DrinkServe commence litigation or arbitration in connection with this clause 3, the prevailing party shall be entitled to recover lawyers’ fees and any other costs reasonably incurred in such proceeding on the attorney and own-client scale, in addition to any other relief to which the prevailing party may be entitled.
11. INTELLECTUAL PROPERTY RIGHTS
- Content: You acknowledge that all the content, including works of copyright, trademarks, domain names, hyperlinks, information and agreements on the Website, Mobile App or used in relation to the Services (Content), are the property of or licensed to DrinkServe and as such are protected from copying or infringement by local and international legislation and treaties. You agree not to unlawfully reproduce or copy Content by any means, whether electronically or otherwise, or to commit any act of infringement in respect of the Content. You agree to use Content only in accordance with the terms and conditions of this User Agreement, in particular, you are granted a non-exclusive, non-transferable, non-assignable limited licence to download, view and print Content from this Website for private and non-commercial purposes and for no other purposes whatsoever (including for re-distribution or any commercial use), save with the express prior written consent of DrinkServe. To request such consent please contact our Support Team.
- Other intellectual property rights: Any and intellectual property rights subsisting in the Website, the Content, the Services and the User Agreement, or otherwise developed by or on behalf of DrinkServe, subsisting now or in future in any part of the world, whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term (Intellectual Property Rights) vests in DrinkServe and all rights not expressly granted are reserved.
- User generated content: DrinkServe cannot screen or edit all the user-generated content available on the Website or Mobile App (such as content on the DrinkServe blog) and, to the extent allowed by law, does not accept any liability for illegal, defamatory, offensive or obscene content other than as a result of DrinkServe’s gross negligence in respect of screening Content on the Website or Mobile App. You are encouraged to inform DrinkServe of any Content that may be illegal, defamatory, offensive or obscene.
12. SOCIAL MEDIA AND EMAIL
- The Website may include links to social media sites that allow you to, for example, “like” DrinkServe Services and/or post messages about your experience with DrinkServe. If you choose to use these social media platforms, you are solely responsible for ensuring that your use complies with all applicable laws, rules and regulations, this User Agreement and any terms, conditions and restrictions of the relevant social media platform.
- The Website may also provide an option for you to send another person an email about DrinkServe. If you provide another person’s email address to us, you represent and warrant that you have the authority to do so and you expressly authorise us to send the email on your behalf. The recipient must be 18 years or older. We may elect not to transmit to an email address that appears on any applicable “do not contact” list.
13. YOUR RELATIONSHIP WITH MERCHANTS AND OTHER USERS
- Conduct of Merchants and other Users: The agreements between DrinkServe and Merchants and DrinkServe and other Users oblige such Merchants and other Users to conduct themselves in a certain manner and prohibit various types of conduct. Should you experience any problems with a Merchants or another User, please contact our Support Team. If we deem it necessary, we may investigate the complaint further and/or avail ourselves of our rights in respect of such Merchant or User.
- Involvement in disputes: DrinkServe reserves the right, but is not obliged, to get involved in any dispute between you and a Merchant or another User in an attempt to resolve same as well as to take all steps it deems reasonably necessary to combat suspected fraud. Such involvement may include DrinkServe furnishing the authorities with and/or requesting from your certain documentary evidence where relevant.
- User acknowledgments: You acknowledge and agree that:
- DrinkServe has no actual control over, and does not give any guarantees or representations in relation to the manner in which Merchants or other Users conduct themselves;
- any disputes which may arise between you and a Merchant or another User are between you and the Merchant or other User, to be resolved between you and the Merchant or other User alone, without DrinkServe being in any way obliged to intervene or attempt to resolve such dispute; and
- DrinkServe (and our officers, directors, agents, subsidiaries, joint ventures and employees) will not be liable to you in relation to a Merchant or other User’s conduct, including for any and all claims, demands and damages (actual and consequential) of any kind arising out of or connected to any dispute you may have with any Merchant or other User, including any dispute which DrinkServe has attempted to resolve in terms of 2 above.
14. DISCLAIMER, LIMITATION OF LIABILITY
- No warranties: To the extent permitted by law, DrinkServe makes no representations or warranties, implied or otherwise, that the Services, the Content and technology available from the Website or Mobile App or information provided by DrinkServe via email or other means will be available, timely, accurate, complete, correct, error-free, secure, uninterrupted, up-to-date and reliable, save to the extent expressly provided in this User Agreement. Please also see country specific terms in this regard. More specifically:
- although DrinkServe will use its reasonable endeavours to ensure the security of the Services and the DrinkServe e-commerce network infrastructure, vending machines, we cannot guarantee the security thereof and DrinkServe will not be liable in any way whatsoever in respect of any loss or damage of whatever nature suffered by you or any third party as a consequence of a breach of security in respect of a User Account, the Services, the Website, the Mobile App, vending machines and/or the DrinkServe e-commerce network infrastructure;
- access to the Website and Mobile App may be restricted from time to time to allow for repairs, maintenance or the introduction of new services;
- As is: To the extent permitted by law, you therefore agree that the User Account, Services, vending machines, Website and Mobile App are supplied on an “as is” basis, have not been compiled or supplied to meet your individual requirements, and are used at your sole discretion and risk and that it is your sole responsibility to satisfy yourself prior to accepting this User Agreement that the Services available from and through the Website and Mobile App will meet your individual requirements and be compatible with your hardware and/or software. You are encouraged to report any malfunctions and errors by contacting our Support Team. More specifically:
- hyperlinks provided on the Website and/or Mobile App to non-DrinkServe sites are provided as is and DrinkServe does not endorse, edit or sponsor the content on such web pages; and
- information, ideas and opinions expressed on the Website and/or Mobile App should not be regarded as professional advice or the official opinion of DrinkServe. You are encouraged to take professional advice before taking any course of action related to information, ideas or opinions expressed on the Website and/or Mobile App.
- No liability: Without limiting the generality of the foregoing and to the extent allowed by law, we will not be responsible for any of the following even if we should have known there was a possibility you could experience the relevant problem and in each case whether suffered by you directly or indirectly:
- financial or similar loss of any kind, including, for example, loss of profits, business, estimated savings, chargeable time or goodwill;
- any business interruption (including interruption to Services) or loss of or damage to information, however caused;
- loss or damage which we could not have reasonably known about at the time you entered into this User Agreement; and
- losses resulting from the use of the Services other than as described in this User Agreement and/or described on the Website or Mobile App.
- Allocation of risk: You acknowledge that the allocation of risk and responsibility as set out in this User Agreement is reasonable because it accords with:
- DrinkServe’s inability to control how, and for what purposes, you use the Services;
- DrinkServe not having developed any of the Services specifically for you;
- the fact that, while DrinkServe follows good industry practice, it is not economically possible for DrinkServe to test exhaustively any software that supports the Services; and
- the amount of fees, if any, paid by you for the Services.
- Liability: To the extent allowed by law, nothing in this User Agreement will prevent or limit either of your or DrinkServe’s liability for:
- fraud or wilful misconduct;
- death or personal injury arising out of negligence; or
- Maximum liability: Notwithstanding the above disclaimers of liability, should we nevertheless be found to be liable to you in relation to the Services for any reason, then, to the extent allowed by law, our maximum aggregate responsibility and liability to you (including for negligence and whether pursuant to one or more claims) in relation to this User Agreement and the Services will be limited to paying you the lesser of an amount equal to the total amount of fees you paid to us for such Service in the 12 months prior to the incident, or up to a maximum aggregated amount of R5,000 (five thousand rand).
- No indirect liability: To the fullest extent allowed by law, none of DrinkServe or any of its affiliates, subsidiaries, agents, suppliers and/or subcontractors will be liable to you for any indirect loss, or any incidental, special, punitive or consequential loss or damage, or any direct or indirect loss of profits, arising in relation to this User Agreement, the User Account, Services, Website and/or Mobile App.
- Uncontrollable Events: Whilst we aim to provide uninterrupted Services, unfortunately we cannot guarantee this as interruptions may be caused by factors beyond our reasonable control. To the extent allowed by law, under no circumstances will DrinkServe be liable for any events beyond our reasonable control.
15. USER SUSPENSION AND TERMINATION
- Termination on notice: Either of us is entitled to terminate the Services on 1 (one) month’s prior written notice to the other. To terminate your User Account, please email us at firstname.lastname@example.org.
- If you breach this User Agreement (for example by initiating a chargeback or engaging in fraudulent or prohibited conduct), then without prejudice to any of DrinkServe’s other remedies in law or under this User Agreement (including the right to claim damages), DrinkServe (acting reasonably) reserves the right in its discretion to suspend your User Account, limit your access to your User Account or any of the Services or terminate your User Account and this User Agreement immediately by notice to you. We may hold the DrinkServe Credits in your User Account pending the outcome of any legal proceedings or investigations and apply it to our losses.
- Upon termination of this User Agreement, your entitlement to use the User Account shall cease. Any funds remaining in your User Account should be used by you prior to closing your User Account as you will not be able to use the funds following account closure.
- To the extent that your access to any of the Services is suspended by DrinkServe in accordance with the provisions of this User Agreement, you acknowledge that you will forfeit your access to and/or use of those Services. Such suspension will not detract from any liability you have incurred prior to suspension.
- The expiration or termination of this User Agreement shall not affect such of its provisions as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this. In particular, but without limiting the generality of the foregoing, clause 12 will survive any termination of this User Agreement.
16. COMPLAINTS AND DISPUTES
- Should you have any complaints relating to a User Account, the Services, the Website, the Mobile App, a Merchant or another User, please contact our Support Team.
- In respect of a User Account, the Services, the Website and the Mobile App, DrinkServe will take such measures as it deems reasonable or necessary to assess and address your complaint.
- Should a dispute of any nature whatsoever arise between you and another User, or you and a Merchant, you acknowledge that DrinkServe is not and will not be a party to such dispute. In the case of such a dispute, or should you make a complaint against an Merchant or another User, DrinkServe may, in its sole discretion elect (but shall not be obliged), to assist in the resolution of such complaint or dispute, by taking such measures as it deems reasonable or necessary.
- Should a dispute of any nature whatsoever arise between you and DrinkServe on any matter provided for in or arising out of this User Agreement and such dispute is not resolved through the Customer Relations Department of DrinkServe then, save for urgent or interim relief which may be granted by a competent court, such a dispute may be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa from time to time. Arbitration proceedings shall be conducted in Cape Town in English. The expedited arbitration rules may be downloaded from http://www.arbitration.co.za.
17. GOVERNING LAW AND JURISDICTION
- This Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and this User Agreement and its interpretation and implementation are also governed by South African law. Subject to the ‘Disputes’ clause of this User Agreement, you and DrinkServe submit to the non-exclusive jurisdiction of the Cape Town High Court, Johannesburg, being the main seat of the Cape Town Division of the High Court of South Africa.
- DrinkServe chooses as its address for all purposes under this User Agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the address set out for your country listed in the Country Specific Terms found at the end of this User Agreement.
- You choose as your physical address for all purposes under this User Agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the physical address DrinkServe has on record for you as provided by you from time to time.
- Where communications are made electronically where provided for in accordance with this User Agreement, such communications shall be deemed to have been received (unless proved to the contrary) within 24 hours after having been sent, save where the sender knows that delivery thereof has failed.
19. ELECTRONIC COMMUNICATIONS
- You consent to receiving communications from DrinkServe electronically and agree that all agreements, notices, disclosures and other communications sent by DrinkServe by electronic means satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.
- You acknowledge and agree that in law this User Agreement constitutes a written agreement, which upon your electronic acceptance and submission, will be regarded as signed by you.
- DrinkServe reserves the right but assumes no obligation to provide communications in paper format.
- DrinkServe is entitled to cede (i.e. transfer) this User Agreement to any third party without your consent, other than if such cession would be to your detriment, but you may not cede or transfer this User Agreement or any of your rights or obligations hereunder to any other person.
- If either of us fails or delays the exercise of any rights or remedies under this User Agreement, we will not be deemed to have waived (i.e. given up) those rights or remedies in any way.
- If a court or similar body decides that any wording (or its application to any person or circumstance) in this User Agreement is illegal, invalid or unenforceable, that decision will not affect the rest of this User Agreement, which shall not be affected or impaired but will remain binding on both of us. However, if the wording that is illegal, invalid or unenforceable can be made valid and enforceable by deleting part of it, or by substituting legal, valid and enforceable provisions for the illegal, invalid and/or unenforceable provisions, we will both treat the wording as if it is so deleted or substituted, so that the wording becomes legal, valid and enforceable.
- Nothing in this User Agreement limits or exempts DrinkServe from any liability for loss attributable to the gross negligence of DrinkServe or any person acting for or controlled by DrinkServe, or for any other liability to the extent that the law does not allow this, nor requires you to assume risk or liability for any such loss to the extent that the law does not allow this.
21. COUNTRY SPECIFIC TERMS
- South Africa
In addition to the above provisions of this User Agreement, please refer to the relevant paragraph below for additional terms and conditions that are specific to your country of residence and use of a User Account and the Services.
These terms apply to Users located in South Africa. To the extent that there is any conflict between these South Africa specific terms and the other terms of the User Agreement, these South Africa specific terms will govern.
- The DrinkServe entity in South Africa is: DrinkServe (Pty) Ltd (registration number 2015/025289/07). For purposes of 19 above, the address of DrinkServe is: 21 Radnor Street, Parow Industrial, Cape Town, 7493, Western Cape, South Africa (for attention: Legal). Also for purposes of 19 above, a copy of any notice must be sent by email to email@example.com (the delivery of which copy shall be required in order for notice to be validly given).
- DrinkServe Support Team contact details, email at firstname.lastname@example.org on +27 21 928 1368. Monday to Friday – 09:00 – 17:00.
- Clarifications for Users in South Africa
- Clause 1 shall only apply to the extent permitted by law, and specifically shall not apply to the extent, if any, to which DrinkServe may be liable to you under the Consumer Protection Act 68 of 2008 (“CPA”) in relation to the Services and/or under sections 43(5) and 43(6) of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”) in relation to DrinkServe’s payment systems not being sufficiently secure.
- To the extent that this User Agreement and/or any of the Services are regulated by the CPA, it is not intended that any provision of this User Agreement contravenes any provision of the CPA and therefore all provisions of this User Agreement must be treated as being qualified, if necessary, to ensure that the provisions of the CPA are complied with.
- Limits for Users in South Africa
- There are certain balance and transaction limits that apply to your use of the User Account.
- You can view the User Account limits at: http://www.drinkserve.co.za/faqs/my-drinkserve-user-account. Please note that these may be updated from time to time, pursuant to changes in law or our risk policies. It is your responsibility to review the limits that apply to you by checking the link above.
- Fees for Users in South Africa
- In general, there are no fees when using your User Account.
- You can view the User Account fees at: https://www.drinkserve.co.za/faqs/my-drinkserve-user-account. Please note that the fees may be updated from time to time. It is your responsibility to review the fees that apply to you by checking the link above.