TERMS AND PRIVACY POLICY


TERMS OF SERVICE

These Terms of Service, together with the Dial4Adrink Privacy Policy (the "Privacy Policy") incorporated herein by reference (collectively with the Terms of Service, the “Agreement”) is an agreement between you and Dial4Adrink being the Website Service and Mobile Application for Android and iOS,(collectively, “Dial4Adrink”) that states the terms and conditions under which you may use the Dial4Adrink service, which includes provides a platform for products. Your use of the Dial4Adrink Service, constitutes your agreement to the terms and conditions set forth below. If you do not agree with all of the terms and conditions, please do not use the Website, Mobile Application and Dial4Adrink Service.
 
1. INFORMATION ABOUT Dial4Adrink

We are a company registered in South Africa.
 
2. ACCEPTANCE OF OUR 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 Dial4Adrink, 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 delivery to verify your age.

If you do not agree to these Terms of Service and the Privacy Policy, then you may not use the Website and or Mobile Application. Dial4Adrink reserves the right to modify these Terms of Service at any time without prior notice.

You agree that each visit you make to the Website and or Mobile Application shall be subject to the then-current Terms of Service and Privacy Policy, and continued use of the Dial4Adrink service 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.

You acknowledge and agree that (i) this Agreement is concluded between you and Dial4Adrink only, and not Apple, Playstore, and (ii) Dial4Adrink, Apple and Playstore, is solely responsible for the App, which is sourced through the App Store. Your use of the App must comply with the App Store Terms of Service. You further agree that Apple and Playstore has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
 
3. PROCESSING INFORMATION

  Dial4Adrink provides a market service, and a market service only, for our liquor store and partners, (the “Retailers”) through which all orders and purchases are processed. At time of purchase, you will be presented with a message indicating the type of payments we accept, should the card payment method be indicated that means your credit/debit card will be charged by a third party processing provider who will transfer and deliver funds to our account or liquor store partners. All transactions through our service will be listed as Dial4Adrink Service.

In processing any alcoholic beverage order(s), neither Dial4Adrink nor any director, employee, shareholder or driver (”Delivery Agent”) of Dial4Adrink shall be liable to the user or any third-party for any claims relating to the purchase, sale, delivery and/or consumption of the alcoholic beverage or any consequences which may result thereof.

User shall indemnify and hold harmless Dial4Adrink and its directors, employees, shareholders, affiliates, Delivery Agents , representatives, third-party information providers, or merchants, (collectively, "Dial4Adrink 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 delivery of the alcoholic beverage(s); or (d) consumption of the alcoholic beverage(s), and/or any consequences which result thereof.
 
4. ALCOHOL DELIVERY RULES AND RESTRICTIONS

4.1 Purchase of Alcoholic Beverages using Dial4Adrink.

By completing a purchase through the Mobile Application, the user agrees that an individual 18 years of age or older will be present to accept the delivery 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 delivery.

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

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

If no person at the delivery address is at least 18 years of age and/or cannot provide valid photo identification of his or her age, the Delivery Agent will not render services. All products will be cleared from the order and returned to our warehouse or their local vendor(s), and a R60.00 restocking fee will be charged to the user’s credit/debit card account or on next ordering if mode of payment was cash/card on delivery. The remaining balance of your order (minus the return-delivery fee) will then be reimbursed to your account.

The Delivery 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.

4.2 Delivery of Items.

The Delivery Agent will make every attempt to complete the user’s order in one delivery, but please note large orders may have to be completed in multiple deliveries or one large delivery which requires the use of a Delivery Agent Vehicle which would include a larger delivery fee.

In the case of inclement weather or unforeseen delivery complications, it may be necessary to extend the 60 minute delivery window for the Dial4Adrink Delivery Service. If there will be a significant delay, the Delivery Agent will call you or you’ll receive a push message to let you know the status of your delivery time. The Delivery Agent will deliver your order as quickly as possible when the conditions permit. If your designated delivery location (i.e., street, road, estate, apartment) is inaccessible, incorrect, rendering us unable to make the delivery, the Delivery Agent will contact you to determine the best alternate location.

In an effort to meet the committed delivery time for all our customers, the Delivery Agent is not required to wait for an inspection of the items delivered. Your invoice will be sent to you via email which will list the product ordered and confirm price, you’ll also be able to view your orders in the app. If something is missing from your order, you may call the Delivery Agent who made the delivery, which you will find his number on the App and the Delivery Agent will return with the missing item. If this does not help please call support numbers on the account tab of the app or email order@Dial4Adrink.co.za

Delivery fees are set to FREE for small orders, a large order fee will be placed on all orders requiring a Delivery Agent vehicle. All delivery fees for big deliveries are inclusive of applicable taxes.

4.3 Order Cancellation and Refunds.

You have the right to cancel any Order before you receive the Confirmation push indicating that your order is on the way. We will cancel the delivery and reset your orders, where we’ve charged you we will refund you the total price of your Order including delivery costs (Big Orders) by the method you used for payment.

In the event that you cancel an Order after you receive the Confirmation push indicating that your order is on the way a cancellation fee in an amount equal to R60 for the Driver plus our restocking fee of R30.00 with the Retailer, as compensation for the net costs we will incur as a result of you breaching these terms, will be charged to you and the remaining balance (less the cancellation charge) of your Order will then be reimbursed to your credit or debit card used to make the Order.

Once your Order has been delivered by our Driver you will not be entitled to cancel your order and we will be under no obligation to either collect the products delivered or refund you. You do however have a statutory right to return the products (at your own cost) directly to the Retailer.
 
5. LIABILITY

We do not give any undertaking that the products ordered from any Retailer through our Service will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties and we cannot guarantee that any of the products sold by our Retailer are free of allergens.

We provide you with access to our Service on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Service (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Service, or be otherwise implied or incorporated into these terms, by statute, common law or otherwise).

We will under no circumstances whatever be liable to you, whether in contract, (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Service (including the use, inability to use or the results of use of the Service) for any loss of profits, sales, business, or revenue; loss or corruption of data, information or software; loss of business opportunity; loss of anticipated savings; loss of goodwill; or any indirect or consequential loss.

Nothing in these terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.

The foregoing does not affect your statutory rights against any Retailer.

In the event that we are found to be liable to you our total aggregate liability is limited to the price of your Order.
 
6. EVENTS OUTSIDE OUR CONTROL

For the purposes of events beyond our control including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of a Retailer or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, fire, flood, storm or default of our Retailers or Drivers.

We shall not be liable to you as a result of any delay or failure to perform our obligations under such these terms.

7. WAIVER

Our “Dial4Adrink” failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

8. SEVERABILITY

 If any provision or part-provision of these terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this paragraph shall not affect the validity and enforceability of the rest of these terms.
 
9. OUR ENTIRE AGREEMENT

These terms and any document referred to in them constitute the whole agreement between you and us and supersede all previous correspondence, arrangements, understandings or agreements between us relating to the subject matter.
 
10. CHANGES TO THESE TERMS

We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
 
11. CHANGES TO OUR SERVICE

We may update our Service from time to time, and may change the content on our Service at any time. However, please note that any of the content on our website or mobile application software may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our website or mobile application software, or any content on them, will be free from errors or omissions.
 
12. LIMITED LICENSE TO GENERAL USERS

Provider grants to the User, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.

This Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of Provider. The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another merchant. The User may not frame nor use framing technologies to enclose the Provider Website or the Content nor any part thereof without the express written consent of Provider. Provider and the Owners do not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers in the Website.

Provider and the Owners, their affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Any unauthorized use terminates this license.
 
13. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs ("the Content"). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights ("the Owners"), and is protected by South African and international copyright laws. The Providers reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
 
14. CHOICE OF LAW

This Website is controlled, operated and administered by Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of whose High Court, in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.

End of Terms & Conditions


PRIVACY POLICY

We at Dial4Adrink are committed to protecting and respecting your privacy and understand that it is important to you know how information about you is used.

This policy as well as our terms of service and all other documents confirms that any personal data we collect from you, or that you provide to us, will be processed by us via our servers. Please read the following carefully to confirm you understand our policy regarding your personal data and how we intend to use it. By using our Service you as a user are accepting and consenting to the practices described in this policy. Our App will not allow you to signup without having read the Terms & Privacy statements.
 
1. WHAT INFORMATION WILL WE COLLECT FROM YOU?

We may collect and process the following data about you:

1.1      Information you give us.

You may give us information about you by signing up for our service. This includes information you provide when you register to use our Service, subscribe to our Newsletter, information you share with us on Social Media by using our service. The information you give us may include, but not be limited to, your username, your name, shipping address, e-mail address, phone number, personal description and photograph.

1.2      Information we collect about you.

When using our Service (including visits to our website) we may automatically collect the following information:

1.2.1      Technical information, such as IP Address, your Login Information and type of platform you use and Operating System.

1.2.2      Information about your visit, such as the products searched for, the time spent using the service, the time spent viewing and searching products, the time spent on each page, items you add to Wishlist, items you add to cart, items you purchase and any other activities you do in the app.

1.2.3      Information about your order including your location, products selected, price and quantity on checkout.

1.2.4 We collect your location when you use the app to ensure that when we offer specials etc in a area where our users are, that you not left out. However, you have the option of not permitting us to use your location or you can opt out if previously opted in.
 
2. DO WE USE COOKIES?

2.1      Our website uses cookies to help identify you as an individual from other users of our website. This helps us to provide you with a better user experience when you browse our website and also gives us the opportunity to improve our website. By continuing to browse the website, you are agreeing to the above stated.

2.2      You can block cookies if you wish by activating the setting on your browser that allows you to refuse or block some or all cookies. However, if you use your browser settings to block all cookies (including essential cookies) you unfortunately may not be able to access all or parts of our website.
 
3. WHAT DO WE USE YOUR INFORMATION FOR?

We use information we gathered about you in the following ways:

3.1      To monitor our website/App and for internal operations, including troubleshooting, data analysis as part of our market research, testing, statistical and survey purposes.

3.2      We want to provide the users of our Service with an overall better user experience and ultimately improve our Service to ensure that the content is presented in the most effective way on our apps and website.

3.3      It’s forms part of our internal efforts to keep our Service safe and secure.

3.4      For specific and monitored Advertising material.

3.5 To understand our users and be able to personalise their app experience.
 
4. DISCLOSURE OF YOUR INFORMATION TO OUTSIDE PARTIES

4.1      We may share your personal information with members of our trusted partners. Partners being our Holding Company or subsidiaries.

4.2      We may share non personal information with trusted third parties such as business partners, suppliers and affiliate stores for the performance of any contract we enter into with them. Analytics and search engine providers that may assist us in improving our Apps/Website and Service. Non personal information may be provided to other parties for marketing, advertising or other uses.

4.3.      The personal data we gather from our users through our service is seen as an asset of Dial4Adrink. If Dial4Adrink decides to sell the Business and its assets, the data gathered will be sold with it.

4.4      If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, we shall do so in order to protect Dial4Adrink.
 
5. WHERE DO WE STORE YOUR PERSONAL DATA?

We will store all information gathered from our users using Dial4Adrink on our Servers. While we go at length to protect our data the internet always has threats of hacking, but we will do our best to protect and keep our users information safe, if we are hacked you agree as stated in this policy that we cannot be seen as responsible for this.
 
6. THIRD PARTY LINKS

Our Service, Dial4Adrink may occasionally at our discretion, contain links to and from the websites of third party networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own independent and separate privacy policies that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
 
7. CHANGES TO OUR PRIVACY POLICY

Dial4Adrink may make changes to our privacy policy in the future will be posted on this page and with the date of the last updated post below. Please check back frequently for your benefit to see any updates or changes to our privacy policy.
 
8. CONTACT

Please contact us with any questions, comments and requests regarding this privacy policy at support@Dial4Adrink.co.za