INTRODUCTION

These Terms and Conditions (“the Terms and Conditions”) govern you (“the User”) and Marwaal Pty Ltd 2020/433465/07 (trading as CELLARHUT). We are a private company registered in the Republic of South Africa located at the domain www.cellarhut.com (“the Sites”), and the CELLARHUT mobile application (“App”) [together referred to as the “Sites”].

Please note that your use of the CELLARHUT sites is subject to the following terms (“terms of service”). If you do not agree with any of these terms of service, do not access or otherwise use this CELLARHUT sites or any information or materials contained on the sites. Your use of the CELLARHUT sites shall be deemed to be your agreement to abide by each of the terms set forth below. The terms of service may be updated by CELLARHUT from time to time with or without notice to you. Your continued use of the CELLARHUT sites indicates acceptance of any modifications to the terms of use.

USER OBLIGATIONS

You agree not to do any of the following while using the CELLARHUT Sites:

Intentionally or unintentionally violate any applicable law or regulation .Access, tamper with, or use nonpublic areas of the CELLARHUT sites .Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution. Frame or link to the CELLARHUT sites except as permitted in writing by CELLARHUT.

AGE

CELLARHUT will not sell any alcoholic product to any person under the age of 21. We reserve the right to request proof of age (Identity document / passport). Buyer must be 21 to Purchase Alcohol

CELLARHUT does not sell alcohol related beverages to persons under the age of 21. By using this Sites you swear and affirm that you are over the age of 21. CELLARHUT makes every effort to ensure that alcohol related beverages. Are not delivered to anyone who is under the age of 21. By using this sites you are acknowledging that the person receiving a shipment of alcoholic beverages from CELLARHUT is over the age of 21. You also agree that any alcohol purchased from CELLARHUT is intended for personal consumption and not for resale. If you do not agree with these conditions of use please do not use this site. 

TITLE AND OWNERSHIP

Title to, and ownership of all alcohol related beverages. Passes from CELLARHUT to purchaser from our in store locations. By placing an order, buyer authorizes seller to act on buyer’s behalf to arrange for transportation and delivery of the buyer’s products. By arranging for transportation and delivery of the products, CELLARHUT is providing a service to, and acting on behalf of the purchaser. By utilizing this service from CELLARHUT, the purchaser is representing that he/she is acting in compliance with his/her local and state laws regarding the purchase, transportation and delivery of alcohol related products. The purchaser represents that he/she has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of alcohol related products and is legally entitled to take quantities ordered and once again authorizes that he/she is 21 years of age. Seller makes no representation as to the legal rights of anyone to ship or import any alcohol related beverages .The purchaser is solely responsible for the shipment of all alcohol related beverages purchased and for determining the legality and the tax/duty consequences of having the wine and other goods shipped to the applicable destination. Alternatively, purchaser may choose to pick up the alcohol related beverages at seller’s location, or make shipping arrangements independent of CELLARHUT.

THIRD PARTY CONTENT AND MONITORING

Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this CELLARHUT Sites by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of CELLARHUT neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this CELLARHUT Sites by anyone other than authorized CELLARHUT employees acting in their official capacities.

LINKS

The CELLARHUT Sites may contain links to other web sites or resources. You acknowledge and agree that CELLARHUT is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the CELLARHUT Sites does not imply that CELLARHUT endorses the linked site.

PROTECTION OF CONTENT PROVIDED BY CELLARHUT AND ITS LICENSORS

All text, graphics, logos, icons, images, audio clips and software on the CELLARHUT Sites (“Sites Content”) are copyrighted materials owned by or licensed to CELLARHUT. The Sites Content may contain trademarks, service marks and trade names which are owned by CELLARHUT and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties.

Any Events described in the Sites Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by CELLARHUT, its affiliates, or third parties. “CELLARHUT” is a trademark of CELLARHUT. Unless authorized in writing by an officer of CELLARHUT, CELLARHUT’s trademarks may not be used in connection with any product or service that is not CELLARHUT’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CELLARHUT.

You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Sites Content in any way for any public or commercial purpose without prior written consent of CELLARHUT or the rights holder.

You may not use the Sites Content on any other web site or in a networked computer environment for any purpose.

If you violate any of these terms, your permission to use the Sites Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the CELLARHUT Sites. Nothing contained in the CELLARHUT Sites shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights (“IP Rights”) of CELLARHUT, its affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content are expressly reserved to CELLARHUT its affiliates, and/or any third party, as applicable.

BINDING AGREEMENT

These terms and conditions, together with our Privacy Notice and Cookie Notice (all referred to herein as the “User Terms”), which you will be deemed to have read and understood will form a binding and enforceable contract between you and CELLARHUT when you visit, browse, download and/ or use the Sites. Please read these User Terms carefully.

 
These User Terms apply when you visit the Sites for the first time and throughout your use of the Sites. The latest version of these User Terms applies each time you visit this site. If you do not agree to these User Terms, do not download or use the App and/or the Sites. 
 
We may amend these User Terms at any time. The version applicable to your contract is the version that is posted on the Sites at the time you access, browse, view, or use the Sites. Each time you use a Site you should check the User Terms to ensure that you agree to them in their current form. Your continued access to or use of the Sites and the  Services after amendments are made to the User Terms will be deemed to be Your consent to be bound by the User Terms, as amended. If you do not agree to the amended or updated User Terms, you must stop using the Sites.  We may immediately terminate these User Terms or any Services with respect to you, or generally cease offering or deny access to the Sites, at any time for any reason.

Please note that the User Terms stated in this document refer to the use by you of the Sites and are separate from and in addition to any commercial agreement concluded between you and CELLARHUT or any other third party pursuant to the use of the Sites.

CONTENT

While we make every effort to update the information provided on the Sites on a  regular basis, we make no representations or warranties, whether express, implied in law, or residual, as to the accuracy, completeness, or reliability of any Content on the Sites. We reserve the right at any time to change or discontinue without notice, any aspect or feature of the Sites and any Service and/or Content on the Sites.

USE OF THE SITES AND INDEMNIFICATION

By accessing a Site and using the Services, you warrant and represent to us that you are over 18 years of age and legally entitled to do so and have the required legal capacity to conclude legally binding transactions. You warrant that you will not use the Sites, the Service/s, Content, or any information made available/sent to you by us pursuant to your use of a Site for any purpose that is unlawful or prohibited under South African or international law or is in contravention of the User Terms.

You hereby indemnify us against any loss, liability, damage, or expense of whatever nature which we or any third party (including, without limitation, Sellers) may suffer which is caused by or attributable to, whether directly or indirectly, a breach by you of any of the warranties in this clause. 

You understand and agree that we do not review, or purport to review, any submitted content and we reserve the right to remove any content from the Sites that we deem in our sole discretion to be harmful in any way. We reserve the right to suspend or terminate your access to all or parts of the Sites, without any further notice to you.

SECURITY

We will take all reasonable technical and organizational measures to protect any information transmitted over the Sites.  We do not guarantee the security of any information transmitted online to us and you accept the risk of providing information on the Sites. CELLARHUT will be entitled, subject to applicable laws, to take whatever action we may deem necessary and reasonable to preserve the security and reliability of our Site or the Content.  

COPYRIGHT AND INTELLECTUAL PROPERTY

All copyright and other intellectual property rights in all Content on our Sites and in our communications with you, including copyright, trademarks (both names and logos), and registered domain names (altogether, hereinafter referred to as “Intellectual Property”) are either owned by CELLARHUT or other third parties and their affiliated companies or are included with permission or license of the relevant owner and are protected by both South African and international intellectual property laws and we and our licensors retain all rights in and to the Intellectual Property. 

Any unauthorized use, copying, reproduction, distribution, dissemination, sale, publication, broadcast, or other circulation or exploitation of such material or any component thereof will constitute an infringement of such Intellectual Property rights. 

You are permitted to browse our Sites and to reproduce extracts by way of printing, downloading to a hard disk, and by distribution to other people but, in all cases, for non-commercial, informational, and personal purposes only for purposes of using the Services. No license or right is granted in this regard.

THIRD PARTY CONTENT AND EXTERNAL LINKS

Our Site includes products or content, including advertisements from third parties, or external links to other sitess having their own content, or any other third-party content (“Third Party Content”).

You acknowledge that the Third-Party Content – is beyond our control and that any reliance on any representation, statement, or information contained in Third Party Content is at your risk; Is not verified by us and that we do not determine nor guarantee its lawfulness, accuracy, or reasonableness; and may contain representations, statements, or information that does not represent the views, opinions, or beliefs of CELLARHUT, its associates, directors, employees, or affiliates. We are not responsible for and we do not endorse, support, or guarantee the quality, reliability, or suitability of any such Third-Party Content. Any reliance on or use of such Third-Party Content is at your own risk. Third Party Content may be subject to additional terms and conditions. It is your responsibility to read and adhere to such additional terms and conditions, including the terms and conditions of the Site.

FURTHER RESTRICTIONS

You agree that you will not, in respect of the Sites or Services:  

Remove any copyright, trademark, or other proprietary notices from any portion thereof. Reproduce, modify, prepare derivative works based upon, distribute,  license, lease, sell, resell, transfer, publicly display, publicly perform, transmit,  stream, broadcast, or otherwise exploit the Services .Decompile, reverse engineer or disassemble any part thereof except as may be permitted by applicable law. Link to, mirror, or frame any portion of thereof. Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion thereof or unduly burdening or hindering the operation and/or functionality of any aspect thereof. Attempt to gain unauthorized access to or impair any aspect thereof or in respect of related systems or networks. Use any technology to search and /or gain information therefrom. You may not use the Sites to distribute material that is defamatory, offensive, contains or amounts to hate speech, or is otherwise unlawful. You may not in any way display, publish, copy, print, post, or otherwise use the Sites and/or the Content contained. You agree that you will not in any way use any device, software, or other instruments to interfere or attempt to interfere with the proper working of the Sites. In addition, you agree that you will not in any way use any robot, spider, other automatic devices, or manual process to monitor, copy, distribute or modify the Sites or the Content.

NETWORK ACCESS AND DEVICES

You are responsible for obtaining the data network access necessary to use the Sites.  Your mobile network’s data and messaging rates and fees may apply if you access or use the Sites from a wireless-enabled device. You will be responsible for those rates and fees.  We do not guarantee that the Sites or Services will function on all hardware or devices. The Sites and Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications which we cannot take responsibility for.

INTERRUPTION OF SERVICES

We give no warranty that our Sites or Services will be satisfactory to you. 

We will do all we can to maintain access to our Sites, but it may be necessary for us to suspend all or part of our Sites for repairs, maintenance, or other reason.  We may do so without telling you first. You acknowledge that our Sites and/ or services may also be interrupted for reasons beyond our control. You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Sites or Services.

DISCLAIMERS, LIMITATION OF LIABILITY AND INDEMNITY 

You use our Sites and the Services at your own risk and you assume full responsibility for any risk or loss resulting from the use of the Sites and/or the Services or reliance on any information on the Sites. If any such representations or warranties are made by CELLARHUT’s representatives, CELLARHUT shall not be bound thereby. 

While CELLARHUT endeavors to ensure that the information on our Sites is correct, we do not warrant the accuracy and completeness of Content or that Content is free from errors or omissions.

To the extent allowed by Law, CELLARHUT shall not be liable for any damage, loss, or liability of whatsoever nature arising from the use or inability to use the Sites or Services or Content provided from or through the Sites. 

CELLARHUT will not, to the extent permitted by applicable laws, be liable under any circumstances for any indirect, special, consequential, exemplary or punitive damages or for any loss of business, revenues, profits, goodwill, content or data arising out of your use of the 

Any views or statements made or expressed on the Sites are not necessarily the views of CELLARHUT, its directors, employees, and/or agents. And we shall not be bound thereby or liable in any way as a result of reliance thereon. 

In addition to the disclaimers contained elsewhere in these User Terms, CELLARHUT also makes no warranty or representation, whether express or implied, that the information or files available on the Sites are free of viruses, spyware, malware, Trojans, destructive materials, or any other data or code which is able to corrupt, destroy, compromise,  disrupt, disable, harm, jeopardize or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way.  You accept all risk associated with the existence of such viruses, destructive materials, or any other data or code which is able to corrupt, compromise, jeopardize, disrupt, disable, harm, or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or willful misconduct of CELLARHUT, its employees, agents or authorized representatives. CELLARHUT thus disclaims all liability for any damage, loss, or liability of any nature whatsoever arising out of or in connection with your access to or use of the Sites. 

CELLARHUT does not guarantee the suitability of the Services for your requirements. 

We do not warrant the availability of the Sites at all times, including in cases where there is a connection interruption on the Sites that is undergoing maintenance or upgrades. 

The Sites may contain documents created by and information from third parties. The third parties are independent parties and do not have any partnership, joint venture, or agency relationship with CELLARHUT.  

Information provided by other users or third parties on the Sites may contain links to third-party sites that are not owned or controlled by us. We are not liable for any loss, damage, or other liability arising from your use of any third-party sites or for the content, privacy policies, or practices of any third-party sites.

LIMITATION OF LIABILITY

To the maximum extent permitted by law, we will not be liable in any way for any loss, damage or other liability of whatsoever nature resulting from: 

Your use of the Sites and Services;  

Your inability to use the Sites or Services; 

The unauthorized use or disclosure of your personal information by a third party where you have given us permission to share it with them;  

Any breach of security over the Sites unless it is due to our gross negligence; or 

Any termination of communications with you.  

Without limiting the generality of the foregoing, CELLARHUT shall not be liable to you or any third party for any loss or damage of whatsoever nature in the event that you request that an order is stopped or cancelled.

SEVERANCE

If any clause in these User Terms is invalid or illegal or cannot be enforced, those causes will be severed and the remaining clauses will continue to be valid.

COMPLIANCE WITH LEGISLATION

CELLARHUT will not tolerate anyone using the Sites (including the registration process) in contravention of any law, whether in common law or statute, and reserves the right to take action against anyone doing so, including laying a criminal charge, where applicable .

NOTICES

CELLARHUT will give you any necessary notices by posting them on the CELLARHUT sites. You authorize CELLARHUT to send notices via electronic mail as well if CELLARHUT decides, in its sole discretion, to do so. You agree to check the CELLARHUT Sites for notices, and that you will be considered to have received a notice when it is made available to you by posting on the CELLARHUT Sites.

DISCLAIMER OF WARRANTIES

Although CELLARHUT endeavors to provide current, accurate and reliable information on the CELLARHUT sites, it does not warrant or make any representations regarding the events or the accuracy, reliability or any use of information on the CELLARHUT sites. CELLARHUT does not warrant that your use of the CELLARHUT sites, or the operation or function of the CELLARHUT sites, any component thereof, or any products, software or services offered in connection therewith, will be uninterrupted or error free; or that defects therewith will be corrected; or that this site or its server is free of viruses or other harmful elements.

Your use of the CELLARHUT sites is at your own risk and you assume full responsibility for all costs associated with all necessary servicing or repair of any equipment you use in connection with your use of the sites. CELLARHUT and its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the CELLARHUT sites. the CELLARHUT site content provided “as is” and “as available” without any express, implied or statutory warranty of any kind including warranties of merchantability, title, non-infringement of third party rights, or fitness for any particular purpose.

LIMITATION OF LIABILITY

In no event shall CELLARHUT and/or its suppliers be liable for any indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the CELLARHUT sites, the use or performance of the CELLARHUT sites, the delay or inability to use the CELLARHUT sites, the provision of or failure to provide services, or for any events, information, software, products, services and related graphics obtained through the CELLARHUT sites, or otherwise arising out of the use of the CELLARHUT site, whether based on contract, tort, negligence, strict liability or otherwise, even if CELLARHUT or any of its suppliers has been advised of the possibility of damages.

If you are dissatisfied with any portion of the CELLARHUT sites, or with any of these terms of service, your sole and exclusive remedy is to discontinue using the CELLARHUT sites. This sole and exclusive remedy is separate and independent of any other provision that limits CELLARHUT’s liability or your remedies.

NO RESPONSIBILITY TO SELL MISPRICED PRODUCTS OR SERVICES

While CELLARHUT makes reasonable efforts to ensure all information on the sites are accurate, mistakes may happen. CELLARHUT shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. CELLARHUT shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, CELLARHUT shall immediately issue a credit to your credit card account in the amount of the charge.

MODIFICATIONS TO PRICES OR BILLING TERMS

CELLARHUT reserves the right, at any time, to change its prices and billing methods for products or services sold, effective immediately upon posting on the site or by e-mail delivery to you.

APPLICABLE LAW

By using any CELLARHUT service, you agree that the applicable laws of the Republic of South Africa, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and CELLARHUT

CELLARHUT
7 Market house,
Cape Town
8001