Effective 1 January 2018

PLEASE READ THE FOLLOWING TERMS OF SERVICE AND DISCLAIMER CAREFULLY BEFORE USING OUR WEB SITE, OUR ANDROID OR OUR IOS APPLICATION (collectively, our “Site”).

These Terms of Service, together with the Tap That SA Privacy Policy (the “Privacy Policy”) incorporated herein by reference (collectively with the Terms of Service, the “Agreement”) is an agreement between you and Tap That SA  (“Tap That SA”) that states the terms and conditions under which you may use the Site and receive Tap That SA service, which includes providing a marketing and technology platform for product orders (the “Tap That SA Service”). Your use of the Tap That SA Service and the Site constitutes your agreement to the terms and conditions set forth below. If you do not agree with all of the terms and conditions, do not use the Site or the Tap That SA Service.

  1. Applicability & Acceptance of These Terms of Service

By viewing, using, accessing, browsing, or submitting any content or material on the Site, you agree to these Terms of Service and the Privacy Policy as a binding legal agreement between you and Tap That SA, without limitation or qualification. The term “you” or “user” shall refer to any person or entity who views, uses, accesses, browses or submits any content or material to the Site. You further confirm that you are at least 18 years of age and that you will provide photo identification upon  to verify your age.

If you do not agree to these Terms of Service and the Privacy Policy, then you may not use the Site. Tap That SA reserves the right to modify these Terms of Service at any time without prior notice.

You agree that each visit you make to the Site shall be subject to the then-current Terms of Service and Privacy Policy, and continued use of the Site now or following modifications in these Terms of Service and Privacy Policy confirms that you have read, accepted, and agreed to be bound by such modifications.

  1. Processing Information

Tap That SA provides a market service, and a market service only, for our liquor store partners (each, a ” Agent”), through which all orders and purchases are processed. At time of purchase, your credit card will be charged by a third party credit card processing provider who will transfer and deliver funds to the  Agent. All credit card transactions will be listed as TAP THAT SA.

In processing any alcoholic beverage order(s), neither Tap That SA nor any officer, director, employee, shareholder or agent of Tap That SA shall be liable to the User or any third-party for any claims relating to the purchase, sale,  and/or consumption of the alcoholic beverage or any consequences which may result thereof.

User shall indemnify and hold harmless Tap That SA and its directors, officers, employees, shareholders, affiliates, agents, representatives, third-party information providers,  agents, merchants, or licensors (collectively, “Tap That SA Parties”) from and against, for and in respect of, any and all claims, demands, losses, costs and expenses (including the cost of any investigation and reasonable attorneys’ fees), damages, obligations, deficiencies, and liabilities, which arise or result from or are related to User’s improper or illegal: (a) processing of the alcoholic beverage order; (b) purchase of the alcoholic beverage(s); (c) receipt of  of the alcoholic beverage(s); or (d) consumption of the alcoholic beverage(s), and/or any consequences which result thereof.

III. Alcohol  Rules and Restrictions

PURCHASE OF ALCOHOLIC BEVERAGES.

By completing a purchase through the Site, the User agrees that an individual 18 years of age or older will be present to accept the  of alcoholic beverages.

All deliveries of alcoholic beverages MUST be signed for by an individual capable of proving he or she is 18 years of age or older. The order signee must provide a valid form of photo identification at time of .

Alcoholic beverage  can be accepted by a building attendant (doorman). Building attendants accepting  in this way must be at least 18 years of age and must sign for and take charge of the  contents immediately.

Alcoholic beverages cannot be dropped off or left unattended for any reason. If a building attendant has signed for alcoholic beverages, the  Agent must leave those beverages with the building attendant.

The  Agent reserves the right to refuse to deliver alcoholic beverages for any reason. This reservation includes, but is not limited to, refusing service to individuals who are visibly inebriated, and refusing service to specific buildings for access or safety reasons.

 OF PRODUCTS.

The  Agent will make every attempt to complete the User’s order in one , but please note large orders may have to be completed in multiple deliveries.

BARTENDER CANCELLATION

Cancelled bartender orders may be subject to an R100.00 cancellation fee if the cancellation is within 24-hours of the scheduled event.

In the case of inclement weather or unforeseen  complications, it may be necessary to extend the sixty minute window for the Tap That SA Service. If there will be a significant delay, a customer service representative may call or email you to let you know the status of your  time. The  Agent will deliver your order as quickly as possible when the conditions permit. If your designated  location (i.e., street, avenue) is inaccessible, rendering us unable to make the , we will contact you to determine the best alternate location.

In an effort to meet the committed  time for all our customers, the  Agent is not required to wait for an inspection of the items delivered. Your order will arrive with an invoice that will list all of the items you have received and were billed for and you can always find a copy in the Account Info section of the Site. If something is missing from your order, please call 072 051 9980

fees may vary based on  address. All  fees are inclusive of applicable taxes.

ORDER CANCELLATION AND REFUNDS.

If an order needs to be canceled, please call our customer service team at 072 051 9980 immediately. Please note: orders are processed for  as soon as . Due to these circumstances, neither Tap That SA nor the  Agent can guarantee the availability of changes or cancellation to any order once it has been placed. Neither Tap That SA nor the  Agent, will make any refunds or exchanges for orders that were delivered and signed for.

  1. Government Warning

ACCORDING TO THE SURGEON GENERAL, WOMEN SHOULD NOT DRINK ALCOHOLIC BEVERAGES DURING PREGNANCY BECAUSE OF THE RISK OF BIRTH DEFECTS.

WARNING: No person shall sell or give away any alcoholic beverages to: any person under the age of eighteen years; or any visibly intoxicated person.

IT IS A VIOLATION PUNISHABLE UNDER LAW FOR ANY PERSON UNDER THE AGE OF EIGHTEEN TO PRESENT ANY WRITTEN EVIDENCE OF AGE WHICH IS FALSE, FRAUDULENT OR NOT ACTUALLY HIS OR HER OWN FOR THE PURPOSE OF ATTEMPTING TO PURCHASE ANY ALCOHOLIC BEVERAGE.

  1. User License

SCOPE. Tap That SA grants you permission (which may be revoked at any time for any reason or no reason) to access the Site and to download, email, share via social networking or print individual pages from the Site in accordance with this Agreement and solely for the purpose of placing an order with Tap That SA and for your personal and non-commercial use of the Tap That SA Service, provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not misuse the Tap That SA Service. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from the Site, except as specifically noted above. Except as specifically authorized by Tap That SA, you may not deep-link to the Site for any purpose or access the Site manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Site or any information, content, or material on the Site. You may not link or frame to any pages of the Site or any content contained therein, whether in whole or in part, without prior written consent from Tap That SA. You may like or follow Tap That SA or share links to the Site via social networking technology referenced on the Site. The licenses granted by Tap That SA terminate if you do not comply with this Agreement. Tap That SA reserves all of its statutory and common law rights against any person or entity who violates this paragraph.

USER CONDUCT. You agree that your use of the Site and/or services on the Site is subject to all applicable local, state and federal laws and regulations. You also agree:

  • to comply with South African law and local laws or rules regarding online conduct and acceptable material;
  • not to use the Site to purchase alcohol unless you and the alcohol recipient are 18 or older and present a valid photo identification(s) verifying your age at the time of alcohol ;
  • by using this site, the User swears and affirms that he or she is over the age of 18. Tap That SA reserves the right to prosecute to the fullest extent of the law: any attempt by the User to misconstrue his or her age, either directly or indirectly; or any attempt to use Tap That SA to provide alcohol to a person under the age of 18. Tap That SA makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 18.
  • not to access the Site or services using a third-party’s account/registration without the express consent of the account holder;
  • not to use the Site for illegal purposes;
  • not to commit any acts of infringement on the Site or with respect to content on the Site;
  • not to use the Site to engage in commercial activities apart from sanctioned use of Tap That SA services;
  • not to copy any content, including, but not limited to store menu content and third-party reviews, for republication in print or online;
  • not to create distributor reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Site;
  • not to copy, publish, advertise or redistribute any coupon or discount code or act in bad faith in an attempt to manipulate or gain an unintended commercial benefit from incentive offers. We retain the right to deactivate or invalidate any promo code at any time in our discretion;
  • not to attempt to gain unauthorized access to other computer systems from or through the Site;
  • not to interfere with another person’s use and enjoyment of the Site or another entity’s use and enjoyment of the Site;
  • not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or
  • not to disrupt, interfere with, or otherwise harm or violate the security of the Site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Site or affiliated or linked sites (including those of our partner stores).

HARM FROM COMMERCIAL USE. You agree that the consequences of commercial use or re-publication of content or information from the Site may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that Tap That SA will be entitled to temporary and permanent injunctive relief to prohibit such use.

PROPRIETARY RIGHTS. You acknowledge and agree that the Site contains proprietary information and content that is protected by intellectual property and other laws, and may not be used except as provided in these Terms of Service without advance, written permission of Tap That SA. All Site content, design, text, graphics, interfaces, and images (and the selection and arrangements thereof), and software, hypertext markup language (“HTML”), scripts, active server pages, and other content and software used in the Site are the property of, or duly licensed to, Tap That SA.

VII. Termination and Modifications to the Site

Tap That SA reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Site and/or services offered on or through the Site (or any part thereof), including but not limited to the Site’ features, look and feel, and functional elements and related services.

VIII. Access to the Tap That SA Service

You acknowledge that from time to time the Tap That SA Service or this Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs with Tap That SA may undertake from time to time; or (iii) causes beyond the control of Tap That SA or which are not reasonably foreseeable by Tap That SA.

  1. Warranty Disclaimer; Limitation of Liability; Indemnification

THE TAP THAT SA SERVICE, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TAP THAT SA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE WITH RESPECT TO THE TAP THAT SA SERVICE, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE TAP THAT SA SERVICE.

TAP THAT SA DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. TAP THAT SA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE SITE OR THE TAP THAT SA SERVICES. TAP THAT SA DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS, TAP THAT SA AND ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS,  AGENTS, MERCHANTS, OR LICENSORS (COLLECTIVELY, “TAP THAT SA PARTIES”) (I) SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SITE, THE TAP THAT SA SERVICE, OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITE, THE TAP THAT SA SERVICE, OR THE CONTENT SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE SITE OR THE TAP THAT SA SERVICE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.

TAP THAT SA RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

The material in the Site is provided for lawful purposes only. Tap That SA operates this Site for use in specific jurisdictions where it provides its Services, and makes no representation that these materials are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice and may vary geographically.

You agree to defend, indemnify, and hold Tap That SA Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney’s fees and costs, arising in connection with a violation of this Agreement by you or through use of your account.

  1. Links

As a courtesy to you, the Site may offer links to other websites to permit you to order and receive products, information and services from businesses that are not owned or operated by Tap That SA. Tap That SA has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. The purchase, payment, warranty, guarantee, , maintenance, and all other matters concerning the products, information or services ordered or received from such businesses are covered by their customer agreement and policies and solely between you and such businesses. Tap That SA makes no representations or warranties of any kind, express or implied, regarding such products, information or services received from such third-party websites. References to products or services within any such third-party website pages do not constitute or imply an endorsement by Tap That SA.

XII. Trademarks

“Tap That SA”, all Tap That SA logos, and all titles, characters, names, graphics and button icons are service marks, trademarks and/or trade dress of Tap That SA or otherwise proprietary to Tap That SA and may not be used by you for any reason other than as expressly permitted by these Terms of Service. All other trademarks not owned by Tap That SA (or its affiliates) that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Tap That SA or its affiliates and you do not acquire any ownership rights in such marks, logos or names by using this Site of the Tap That SA Service.

XIII. Consideration

You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Site and receipt or use of data, content, products and/or services through the Site, the possibility of our review, use or display of your Submission(s), and the possibility of publicity and promotion from our review, use or display of your user-generated content.

XIV. Jurisdiction, Applicable Law, and Limitations

This Site is created and controlled by Tap That SA in the South Africa. You agree that this Agreement will be governed by and construed in accordance with the laws of the South Africa of America and the State of New York, without regard to its conflicts of law provisions. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement. Tap That SA makes no claims or assurances that the Site is appropriate or may be downloaded outside of the South Africa.

  1. General

ENTIRE AGREEMENT. Except as expressly provided in a particular “Legal & Privacy” posting or other notice on particular pages of the Site, these Terms of Service and our Privacy Policy constitute the entire agreement between you and Tap That SA, superseding all prior agreements regarding the Site.

NO WAIVER. The failure of Tap That SA to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Agreement or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.

HEADINGS & CONSTRUCTION. The section titles in the Agreement are for your convenience only and carry no contractual or legal effect whatsoever. The language in this Agreement shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.

CONTACT TAP THAT SA. For purposes of providing notice of cancellation or termination of an account, contact us at: 072 051 9980