our terms and conditions

INTRODUCTION

  1. The user/s is/are all persons, natural (18 years or older) or juristic, utilising this website and customers ordering goods or requesting the services provided by Somm on call Pty Ltd and are subject to, and bound by, these terms and conditions.
  2. The continued use of this website constitutes the acceptance and understanding of all of the terms and conditions contained herein.
  3. Immediately discontinue use of this website if you do not agree with any and/or all of the terms or conditions contained in this policy and/or you are under the age of 18 years old. In these circumstances, such users may not order any of our goods or make use of any of our services.
  4. The user must be of legal drinking age, 18 years or older, to utilise this website and order goods from Somm on call Pty Ltd.
  5. We may change the terms of this policy at any time at our sole discretion, without notice to users. We will endeavour where possible to alert users to any changes by placing a notice in a prominent position on the website or by email.
  6. If you do not agree with any change you must immediately discontinue utilising the website. If you continue to use the website following notification of a change to the terms, the changed terms will apply to you and you will be deemed to have accepted such terms.
  7. The privacy of the user is of paramount importance to us and the safety of the user’s personal information is our priority.
  8. Personal information is defined as all information relating to an identifiable, living natural person and where it is applicable, an identifiable, existing juristic person, including but not limited to:
    • Information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of a person;
    • Information relating to the education or the medical, financial, criminal or employment history of a person;
    • Any identifying number, symbol, email address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
    • The biometric information of the person;
    • The personal opinions, views or preferences of the person;
    • Correspondences sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence which would reveal the contents of the original correspondence;
    • The views or opinions of another individual about the person; and
    • The name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.
  9. Personal Information excludes:
    • Anonymous that has been made so that it does not identify a specific person;
    • Permanently de-identified information that does not relate or cannot be traced back to a specific user; and
    • Non-personal statistical information collected and compiled by us and information that you have provided voluntarily in an open, public space or forum including any blog, chat room, community, classifieds or discussion board. Such information is protected by this policy due to the information not being confidential as it has been disclosed in a public forum.
  10. We will under no circumstances disclose users’ personal information, unless required to do so:
    • to comply with applicable law or with legal process served on us;
    • to protect and defend our rights or property;
  11. For the purposes of distributing same to various employees and/or third parties who assist us in providing services to you and thus need to know your personal information in order to render a proper and efficient service to you.
  12. We will ensure that all such employees and/or third party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-disclosure obligations in relation to your personal information.
  13. By registering on the website or placing orders resulting from the use of the website, the user understands and accepts that they will no longer be anonymous as they will have provided personal information.
  14. Users may be asked to provide us with additional information on a voluntary basis when you order the goods or request our services.
  15. Users will explicitly be asked when personal, identifying information or information allowing us to contact you is required.
  16. Generally, this information is requested when making reservations and/or when requesting services. Users agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
  17. We are obliged to disclose users’ personal information if we are required to do so:
  18. by a subpoena or court order;
  19. to comply with any law;
  20. to protect the safety of any individual or the general public; and
  21. to prevent violation of our customer relationship terms.
  22. Users personal information shall be utilised as follows:
    • For the purposes for which you specifically provided the information;
    • To assist us in the processing, validating and verification of reservations and requests for services;
    • To facilitate banking transactions via the website or email;
    • To deliver any services to users via our website;
    • Provided users have expressly consented thereto, to receive marketing materials;
    • To update users on new features, services, special offers and products; and
    • To improve your experience on our website.
  23. We will not sell personal information. No personal information will be disclosed to anyone except as provided in this privacy policy.
  24. We may place small text files called ‘cookies’ on your device when you visit our website. These files do not contain personal information, but they do contain a personal identifier allowing us to associate your personal information with a certain device. These files serve a number of useful purposes for you, including:
  25. granting you access to age restricted content;
  26. tailoring our website’s functionality to you personally by letting us remember your preferences;
  27. improving how our website performs;
  28. allowing third parties to provide services to our website; and
  29. helping us deliver targeted advertising where appropriate in compliance with applicable laws.
  30. Be advised that some of our affiliates use their own cookies or widgets on our website. We have no access to or control over them. Information collected by any such cookie or widget is governed by the privacy terms and conditions of the company that created it, and not by us.
  31. Your internet browser accepts cookies routinely, but you may be able to change this setting to stop accepting them. You can also delete cookies manually. However, no longer accepting cookies or deleting them will prevent you from accessing certain aspects of our website where cookies are necessary. Find out more at www.allaboutcookies.org.
  32. We routinely receive and record user’s internet use information on our server logs from your browser when visiting our website, such as:
    • Internet Protocol address (“IP address”),
    • Browsing habits and click patterns,
    • Version of software installed,
    • System type,
    • Screen resolutions and colour capabilities,
    • Plug-ins,
    • Language settings,
    • Cookie preferences,
    • Search engine keywords,
    • JavaScript enablement,
    • The content and pages that you access on the website, and the dates and times that you visit the website,
    • Paths taken; and
    • Time spent on sites and pages within the website.
  33. Please note that any other websites visited before entering our website might place personal information within your URL during a visit to it, and we have no control over such websites. Accordingly, a subsequent website that collects URL information may log some personal information.
  34. Page views may be counted and cookies accessed by way of electronic image requests (called a “single-pixel gif” or “web beacon” request) Any electronic image viewed as part of a web page (including any advertising banner) can act as a web beacon. Web beacons do not save, collect, monitor or distribute any of your personal information. They are used to compile anonymous information about our website only.
  35. We may use any information that you provide to us for the purposes that you indicated when you agreed to provide it to us.
  36. We may use your usage information for the purposes described above and to:
    • Repeatedly recall your information so that you will not have to enter it again during your visit or the next time you visit our site;
    • track your entries, submissions, and status in any promotions or other activities in connection with your usage of the website; and
    • monitor website usage metrics such as total number of visitors and pages accessed.
  37. You may choose at any time to opt-out of promotional messages.
  38. While you are logged into the website, we may display targeted adverts and other relevant information based on personal information. Devices access and assess your personal information and match it to adverts or related information. We never share personal information with any advertiser, unless you specifically provide us with your consent to do so.
  39. Advertisers receive a record of the total number of clicks for each advert. No personal information is accessible by the advertisers If you click on an advert, you consent that we may send only a referring URL to the advertiser’s website identifying that a customer is visiting from our website. Once you are on the advertiser’s website however, the advertiser is able to collect your personal information and users do so at their sole risk.

BY USING AND/OR ACCESSING OUR PLATFORMS OR SERVICES, YOU AGREE TO BE BOUND BY OUR TERMS.

About our Terms and Conditions.

  1. These terms and conditions together with our Privacy Policy (collectively, the “Terms”) will form a written contract between you and Somm on call (“Somm on call”, “we”, “us” and “our”) and will govern our relationship and your use of our Platforms and/or Services. When we refer to “Platforms” we mean all our websites, mobile sites, mobile apps, emails, social media platforms or any other technology or mechanism you may use to interact with us. “Services” refer to any products, goods, services or functionality offered, owned or operated by Somm on call.
  2. The general use of our Services, Platforms and any Content on our Platforms is governed by our Terms. Which you can access at any time from our website at www.sommoncall.co.za.
  3. “Content” refers to any information, data, files, text, software, music, sound, photographs, graphics, images, video, messages, comments, hyperlinks or tags and other material appearing on our Platforms or Services and all applicable copyrights, trademarks, patents, logos or other intellectual property rights displayed on our Platforms or Services.
  4. We may amend the Terms from time to time. Any new version of the Terms will be published on our Platforms and will become effective from the date that we first published it.
  5. Take note specifically that it is your obligation to visit our Platforms on a regular basis in order to determine whether any amendments have been made. By continuing to use our Platforms and/or Services after we published changes to the Terms, you agree to be bound by the changed Terms.
  6. Some of our Platforms and/or Services may contain additional rules or terms from time to time, which may be relevant to specific Services you use or subscribe to. By using those Services, you agree to be bound by such additional rules and/or terms Content on our platforms or services and intellectual property rights

Our Content

  1. Somm on call owns or is entitled to use all of the Content made available on our Platforms or through our Services.
  2. You may not, unless with our express consent –
  3. reproduce, publish, perform, broadcast, make an adaptation of, sell, lease, offer, expose or otherwise transfer or use for commercial purposes any Content;
  4. decompile or reverse engineer the Content, or reduce the Content to any format other than the format in which they were delivered; incorporate the Content into any other content for whatever purpose; remove any legal notices (copyright, trademark or other proprietary rights notices) in or on the Content.

Your Content

  1. You will retain ownership of any original Content which you may upload, transmit or store when using our Platforms or Services.
  2. Somm on call will own all compilations, collective works or derivative works created by us which may incorporate your Content.
  3. You grant us right and license to use, publicly display, publish, publicly perform, reproduce, distribute, broadcast, adapt, modify and promote on any medium, your Content which you may upload or make available for inclusion on publicly accessible areas on our Platforms or through our Services.
  4. Any content you transmit or post to publicly accessible areas on our Platforms or Services shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such Content.

Third Party Content

  1. Our Platforms or Services may include, from time to time, advertisements from third parties and/or external links to other websites possessing their own content (“Third Party Content”).

You acknowledge that the Third Party Content

  • is beyond the control of Somm on call and that any reliance on any representation, statement or information contained in Third Party Content is at your risk;
  • cannot be verified by Somm on call, and that Somm on call cannot be expected to determine its accuracy or reasonableness; and
  • may contain representations, statements or information which does not represent the views, opinions or beliefs of Somm on call, its associates, directors or employees.

Returns:

You may return goods and receive a full refund of any consideration paid for those goods if www.sommoncall.co.za has delivered:

  1. Goods to you in terms of an agreement arising out of direct marketing and you have cancelled or rescinded that agreement during the allowed five (5) day cooling off period;
  2. Goods that you did not have the opportunity to examine before delivery and you have rejected delivery of the goods after having the opportunity to ascertain whether the goods are of the type and quality as reasonably contemplated in the agreement.
  3. We shall ensure that each order is processed 7 days prior to delivery.
  4. Should we fail to do so you are entitled to cancel the order with seven (7) days’ written notice.
  5. In the event that we are unable to fulfil any order you will be notified immediately and refunded any payments within 30 days of such notice.
  6. You may rescind any transaction resulting from any direct marketing without reason or penalty, by notice to us in writing or another recorded manner and form, within five(5)business days after the later date on which the transaction or agreement was concluded or the goods were delivered to the you.
  7. We shall return any payment received from you in terms within 15 business days after receiving notice of the rescission, if no goods have been delivered or receiving any goods back from you and will not attempt to collect any payment in terms of the transaction.
  8. In order to receive a full refund goods must be returned in the original unopened packaging

Payment

  1. The following payment methods are available in our online store:
  2. Credit card: Your credit card will be charged when completing the purchase.

 Discount codes

  1. We may from time to time make discount codes available for redemption against products or services offered for sale on our website (“Discount Codes”).
  2. Discount Codes are governed by these Terms.
  3. We may with reasonable notice change and/or discontinue the availability of such offer.
  4. No more than one Discount Code per person may be used and each Discount Code may only be redeemed once.
  5. Only one Discount Code may be used per purchase.
  6. Discount Codes are not transferable.
  7. Unless otherwise stated, a Discount Code may not be used in conjunction with any other special offer or promotion.
  8. Discount Codes cannot be redeemed against previous purchases.
  9. Your use of a Discount Code may be subject to additional criteria.
  10. Discount Codes cannot be exchanged for cash and no change will be given for Discount Codes.
  11. Discount Codes may only be redeemed for the specific product or services to which it relates.
  12. Discount Codes are only valid for a limited period, which we will communicate to you.
  13. We will not re-issue damaged, lost or stolen Discount Codes.

Minors

  1. The alcohol-based goods we offer are exclusively for persons over the age of 18 years. We shall therefore only sell and deliver alcohol-based goods to legally competent persons over the age of 18 and may request appropriate proof of age. The necessary order details – such as name, address, date of birth – must be complete and truthful.

Communications

  1. You agree that Somm on call or its affiliates may from time to time send you communications regarding new services or products launched or special offers or discounts which Somm on call may negotiate for and offer to its users or subscribers. All communications will abide by our Privacy Policy and applicable law. You will always be entitled to notify us in writing that you do not wish to receive or continue to receive such communications.

How to resolve a dispute with us

  1. We offer the following process to help you resolve a complaint or dispute you may have with us.

Contact us

  1. Any queries or complaints in relation to our Platforms or Services can be submitted to us by contacting us at www.sommoncall.co.za or any of the numbers found on our Platforms. 
  2. Send us a notice of a legal dispute Without prejudice to your rights in law, you are required to first approach us with any complaint or dispute and afford us an opportunity to resolve a compliant before you approach any relevant authority, court or other dispute resolution body, or refer the matter to arbitration as contemplated below. Please direct all legal disputes to www.sommoncall.co.za

Arbitration 

  1. You may approach any other relevant authority or dispute resolution body or refer the matter to Arbitration as set out below, for resolution of the dispute, should you not be satisfied with the proposed resolution of the dispute by Somm on call.
  2. You agree that any dispute between us shall be referred to arbitration and finally resolved in accordance with the rules of the Arbitration Foundation of Southern Africa. Such arbitration shall be held either in Cape Town or Johannesburg, and conducted in the English language before one arbitrator appointed in accordance with the said rules. Any award will be final and not subject to appeal. This agreement to arbitrate shall be enforceable in and judgement upon any award may be entered in any court of any country having appropriate jurisdiction. A dispute shall be deemed to have arisen when either party notifies the other party in writing to that effect.
  3. The arbitrator shall have the power to give default judgement if any party fails to make submissions on due date and/or fails to appear at the arbitration.
  4. The provisions set out above shall not prevent either party from approaching any court of competent jurisdiction to obtain interim or other relief in cases of urgency.
  5. You must send any notice or legal process relating to the Terms to the following address: Somm on call, 11 Tecoma way, Pinelands 7405.
  6. Any payment default by you arising from, or in connection with, your use of our Platforms or Services, will be excluded from the provisions of this clause and Somm on call will be entitled to proceed to institute legal action against you.

Third party goods, software and services

  1. We may offer services or products of third parties, or our Products or Services in conjunction with that of third parties.
  2. We provide such services or products subject to the terms, conditions and limitations imposed by those third parties.
  3. If those third parties change, suspend or stop providing such services or products, we may similarly change, suspend or stop providing it to you. We may nevertheless endeavour to provide such a service in another way or by using another supplier or service provider.
  4. When you acquire services or products from a third party through any of our Platforms or Services, you understand and agree that
  5. we are not a party to the contract between you and the third party;
  6. we are under no obligation to monitor the third party service used by you;
  7. the third party will be responsible for all obligations under the contract including (without limitation) warranties or guarantees;
  8. you will evaluate the product or service and the applicable terms and conditions before acquiring the product or service.

Availability

  1. While we endeavour to ensure that our Platforms and Services are normally available 24 hours a day, we shall not be liable if, for any reason, our Platforms or Services are unavailable at any time or for any period.
  2. Access to our Platforms or Services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

Security and privacy

We will be entitled to take whatever action we may deem necessary and reasonable to preserve the security and reliability of our Platforms and/or Services.

  1. You may not use our Platforms or Services in any manner which may compromise the security of our network or any other network connected to our network.
  2. We take reasonable steps to secure your payment information. We use a payment system that is in our reasonable opinion sufficiently secure with reference to accepted technological standards and the type of the transaction concerned.
  3. Somm on call will deal with your personal information in accordance with the provisions of our Privacy Policy.

Disclaimer and limited liability

  1. You use our Platforms and Services at your own risk.
  2. While we endeavour to ensure that the information on our Platforms is correct, we do not warrant the accuracy and completeness of Content on our Platforms or that the Content and technology available from our Platforms, Products or Services are free from defects, errors or omissions.
  3. We may make changes to the Content on our Platforms or Services at any time without notice. The Content on our Platforms or Services may be out of date, and in this regard, we make no commitment to update such Content.
  4. To the extent allowed by law, we shall not be liable for any damage, loss or liability of whatsoever nature arising from your use or inability to use our Platforms, Products, Services or Content.
  5. Our Platforms, Products and Services are supplied on an “as is” basis and have not been compiled or supplied to meet any user’s individual requirements. It is your sole responsibility to satisfy yourself prior to entering into this agreement with us that the Products and Services available on or through our Platforms will meet your individual requirements.
  6. Information, ideas and opinions expressed on our Platforms should not be regarded as professional advice or our official opinion and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on our Platforms.
  7. Submissions of Content (like contribution to blogs, comments on articles posted), postings of any kind to our Platforms and e-mails sent to our Platforms are not editorially controlled by us and therefore we cannot be held liable for illegal or unconstitutional content (including, but not limited to, defamatory or harmful content).

General terms

  1. These Terms are the sole record of the agreement between you and us, with neither party being bound by any express, tacit or implied representation or warranty not recorded in these Terms.
  2. No agreement shall be concluded or amendment to these Terms effected merely by you sending a data message to our Platforms.
  3. Somm on call may transfer its rights and obligations under the Terms to a third party without your consent.
  4. You may not transfer your rights and obligations under the Terms to a third party without the consent of Somm on call, which consent will not be unreasonably withheld.
  5. If any provision of the Terms is or becomes unenforceable for any reason, then such provision will be treated as if it had not been included in the Terms to the extent that it remains unenforceable and shall not affect the validity of the remaining provisions of the 

Terms

  1. All provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the CPA are complied with.
  2. The Terms are governed by and interpreted in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law, with you consenting to the exclusive jurisdiction of the courts of the Republic of South Africa.

More about us

  1. Somm on call Proprietary Limited (registration number(2020/673303/07) is a company registered in the Republic of South Africa. Our contact details are:
  2. Our telephone number is: +27 83 432 5400
  3. Our email address is: tinashe@sommoncall.co.za
  4. Our website address is www.sommoncall.co.za
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