1. Services Offered
Our core function is providing information on wineries to the users of the Cape Wine Farms Mobile App [the “APP”] (available on iOS and Android) and the Cape Wine Farms Website [the “WEBSITE”].
The information provided by the APP and WEBSITE includes, but is not limited to, information on: wineries, wines, events, competitions, wine tours and other winery-related information. You are responsible for providing, at your own expense, all equipment necessary to use the services we provide, including a computer or mobile device and internet access (including payment of all fees associated with such access).
2. User's Acknowledgment and Acceptance of Terms
3. User Privacy
The WEBSITE and APP can be used anonymously but certain features will require you to create an account and password. This can be done by registering directly on the APP or on the WEBSITE. A single profile will be created regardless of where you register. In other words, you can log in on the APP and WEBSITE using the same credentials.
By registering, you agree that all information provided in the REGISTRATION DATA is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
Upon registration your email address will automatically be added to our mailing list. We send out a bulk newsletter once a month. You can subscribe from these bulk e-mails by clicking on “unsubscribe”, located at the bottom of the email.
We also send out “systems emails”. These emails are rare and usually contain crucial technical information regarding your account or the operations of CWF. It is not possible to unsubscribe from these emails. You would have to completely close your account in order to stop receiving these emails. You agree and accept that by using our WEBSITE or APP as a registered user, that you will receive these emails and that they are not SPAM.
4. Badges and Points
By using the APP you agree that any decision made regarding badges and points are entirely at our discretion. Whether it involves how badges are allocated, who won certain badges, how many points were allocated for said badges and even who loses badges and points, the final decision regarding anything relating to these badges or points, will be entirely at the discretion of Cape Wine Farms PTY LTD.
Each registered user will start with a score of zero. This score will increase as the user wins badges. Users of the APP can win badges by checking in at locations through the APP. Each badge is allocated a certain amount of points and will increase the user’s total score by the amount allocated to the badge when the user wins the badge.
There are various conditions under which a check-in at a location can result in the user winning a badge. For example; checking in at a Premium Wine Farm; or on celebrated day like Valentine’s Day; and many others. The conditions under which users can win badges are ever-changing. We can, at our discretion, add new badges or remove old badges or even alter existing badges.
Newly added badges are not automatically allocated to users even if they meet the necessary criteria to win the badge. The badge will only be assigned upon check-in if the user meets the required criteria. For example:
- If you have already checked in at a specific location and a new badge is added where the requirement is checking in at that specific location, then you will only win the badge the NEXT time you check in at that specific location. You will not automatically be awarded with the badge for having checked in at the location in the past.
- If you have checked in at 5 unique locations and a new badge is added where the requirement is checking in at 5 unique locations, then you will only win the badge the NEXT time you check in at a location.
In other words, we only determine which badges you are eligible for, upon your next check-in.
If a badge is removed and it is no longer possible to win that badge, a user who previously won this badge will not be penalized. The badge may or may not be shown publicly anymore, but the user will still keep the points they received when they originally won the badge.
If a badge is altered it will mostly affect the public display of that badge. For example, the description or image might change. It is unlikely that the requirements to win the badge would be altered and even more unlikely for the points allocated to a badge to change. However, in the unlikely event that the allocated points do change, it will be at our discretion whether or not users who previously won the badge will have points added, deducted or not altered at all.
The global scoreboard is a publicly accessible page on both the APP and WEBSITE. The top 100 users with the most points are always shown on this page. Visitors of this page will see user rank, profile picture (if available) and name of each of the top 100 users. By default, all users are displayed on this scoreboard, providing they have a score high enough to fall in the Top 100. By using the APP you agree that we may display your name and image on this page and anywhere else on the APP or WEBSITE where applicable. However, if you do not wish to be shown on this page, you can remove yourself from the list by going to the settings page in the APP and selecting not to be included. This can be done by opening the APP and then going to MY PROFILE, then SETTINGS, then removing the check next to “Include me on scoreboard”.
Points earned when winning a badge can be used to make purchases on the Cape Wine Farms Online Store located at https://www.capewinefarms.co.za/shop [the “SHOP”]. Points inherently have no monetary value whatsoever. They can only be used to apply a discount to products available in the SHOP. These points are not transferrable under ANY circumstances.
For every 100 points earned, you are entitled to a discount of R1.00 (1 South African Rand). If you gain enough points to apply a discount of 100%, you will essentially be able to obtain the product for FREE. Discounts can only be applied to certain products and only a certain number of times. Once a product has been sold a certain number of times, at a discounted rate, that product will only be purchasable using cash. However, that product might be available again on “point purchases” in future.
Using points for discounts will not decrease your score on the scoreboard. It will only decrease the amount of points you have left that can be used for purchases. Therefore, it won’t bump you down the scoreboard.
Abusing the badges and points system by cheating in any way, could result in your account being banned and all of your points being revoked. We reserve the right to cancel any account or revoke any points for any reasons whatsoever. Please read the section entitled “Status Levels” for more information on how abusers of the system are dealt with.
5. Status Levels
“Status Levels” are an anti-fraud mechanism built into the APP. Each user automatically starts at Level 1. Based on various factors, the user might get be flagged as Level 2 or possibly Level 3. Being flagged as Level 2 can happen easily and most users will experience it from time to time. But being flagged as Level 3 is significantly harder.
The levels mean the following:
- Level 1: The user can use the app without any restrictions.
- Level 2: The user cannot check in without also posting an image.
- Level 3: The user is not allowed to check in at all, or make any purchases using the points they have acquired.
The easiest way to get flagged as Level 2 is to avoid posting images when checking in. We recommend posting an image at least once every 5 check-ins. After you check in using photos a few times, you will eventually be flagged as level 1 again.
Level 3 is reserved for users who commit serious offences such as cheating, posting obscene/unacceptable content, or otherwise acting in a way that is against the spirit of the APP and what CWF is all about. If you end up on Level 3, you will most likely receive an email explaining the offence and advice on how to rectify it, if it is possible to rectify it. Level 3 might also come with added penalties such as losing points, badges or both. Failure to remedy your actions can result in a permanent lifetime ban or even a deleted account. We take no responsibility for loss of data or any other loss incurred should your account be banned or deleted for any reason.
6. Online SHOP, Payments and Refunds
The SHOP has a wide range of products available, including wine tastings and pairings, wine tours, meals and even accommodation. Each product or service, unless explicitly specified otherwise, is provided by an external supplier and may come with it’s own guarantees and warranties. It is the purchaser’s responsibility to insure that they are 100% aware of what their purchase entails before making the purchase. Any purchase made with points is non-refundable.
Products and services purchased from the SHOP can be paid for using either a user’s points or their credit card or both. For example, if a product is valued at R250.00 and the user has 20 000 points, then the 20 000 points can be used to obtain a R200.00 discount, resulting in the user being left with a total of R50.00 that can be paid by credit card.
All service purchases on the SHOP are non-refundable unless specifically stated otherwise. Any product purchase on the site are subject to a 14-day money-back guarantee unless the purchase was partially or fully paid with points.
We currently charge a fixed fee of R50.00 (fifty Rand) per shippable item purchased on the shop. This price is likely to change in future. We use various couriers when delivering items and will notify you via e-mail as your delivery progresses.
8. User Content
The APP and WEBSITE allow users to submit ratings, images, comments and other content which in turn is displayed to the public. By using the APP or WEBSITE and submitting content, you agree that we may display this information to other users. You agree that should you no longer want content you created to be displayed on the APP or WEBSITE, that you will either remove the content yourself or submit a support request for us to assist you in removing the content.
9. Check-ins and your GPS
One of the most prominent features of the APP is the ability to check in at wineries. To check in at a winery requires a Android or iOS device that has a GPS. Your device also needs to be physically close to a winery in order to check in at that winery. Currently your device would need to be at least 1 kilometre from the winery in order to check in at that winery, but this value can change. Our anti-fraud system can also alter this value on a per-user basis.
There are many factors involved in determining your GPS coordinates and ultimately allowing you to check in. Standing under a roof, the quality of your GPS or even general interference can all affect the accuracy of your GPS. Furthermore, the actual coordinates for a location can be incorrect due to reasons outside of our control.
Due to the many factors that could influence your GPS location and your check-in, we cannot guarantee that you will always be able to make a successful check-in. If this happens, we urge you to report it to us so we can investigate and attempt to resolve it for future cases, but we will unfortunately not be able to do the check-in on your behalf afterwards or reward you with any points or badges that would potentially have resulted from the check-in.
10. Internet Connection
The APP’s performance can be affected by a slow internet connection. We recommend at least a 3G internet connection when using the APP or it will become significantly more difficult to perform certain functions such as checking in.
If you are unable to check in or perform any other actions on the APP due to a slow internet connection or any other reason whatsoever, we will not be liable for any inconvenience experienced nor will we be able to perform the check-in on your behalf or award you with the relevant badges or points. We can only guarantee that we will do our utmost to attempt to rectify the issue if it can be rectified by us. We suggest reporting any issues to our support team so we can investigate and attempt to rectify any issues found.
11. Conduct on our platforms
CWF works across various platforms on which our users can interact with us. This includes our APP, our WEBSITE and social media (Facebook, Twitter, Instagram etc). By making use of any of these platforms you are subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through our platforms, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- impersonates any person or entity, including any of our employees or representatives.
See "Use of Your Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on our WEBSITE or APP infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas may be available to you or other authorized users. You shall not interfere with anyone else’s use and enjoyment or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our WEBSITE and APP without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
12. Third Party Sites and Information
Our WEBSITE and APP may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
13. Intellectual Property Information
Copyright (c) Cape Wine Farms PTY LTD, All Rights Reserved.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, our WEBSITE or APP will not infringe the rights of third parties. See "User's Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on our WEBSITE or APP infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
14. Unauthorized Use of Materials
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of our WEBSITE and APP believes its copyright, trademark or other property rights have been infringed by a posting on our WEBSITE or APP, you or the user should contact us. To be effective, the notification must include:
- Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).
- Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
- Provide information reasonably sufficient to permit us to contact you (email address is preferred).
- Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
- Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
- Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our WEBSITE and/or APP without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
15. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON OUR WEBSITE AND APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM OUR WEBSITE OR APP, FROM US OR OUR AFFILIATES, WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
OUR WEBSITE OR APP COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES ON OUR WEBSITE OR APP, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES ON OUR WEBSITE OR APP MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH OUR WEBSITE OR APP IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the WEBSITE and/or APP, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH OUR WEBSITE OR APP, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH OUR WEBSITE OR APP FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through our WEBSITE or APP often represents the opinions and judgments of an information provider, a WEBSITE or APP user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Cape Wine Farms PTY LTD spokesperson speaking in his/her official capacity.
You understand and agree that temporary interruptions of the services available through our WEBSITE and/or APP may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of our WEBSITE and/or APP, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on our WEBSITE or APP are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
16. Limitation of Liability
IN NO EVENT SHALL WE, OUR AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR WEBSITE, OUR APP OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS WEBSITE .
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH OUR WEBSITE, OUR APP OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH OUR WEBSITE OR APP, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of our WEBSITE and/or APP. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
18. Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
19. Participation in Promotions
From time to time, we may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on our WEBSITE and/or APP. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
20. E-mail, Messaging, Blogging, and Chat Services
We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as "spam") and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.
21. International Use
Although our WEBSITE and APP may be accessible worldwide, we make no representation that materials on our WEBSITE or APP are appropriate or available for use in locations outside South Africa, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access our WEBSITE and/or APP from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with our WEBSITE or APP is void where prohibited.
22. Termination of Use
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on our WEBSITE or APP immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our WEBSITE or APP. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
23. Governing Law
Our APP and WEBSITE (excluding any linked sites) is controlled by us from our offices within Hermanus, South Africa. The APP and WEBSITE can be accessed from anywhere in the world. As every place has laws that may differ from those of South Africa, by accessing our WEBSITE or using our APP, you agree that the statutes and laws of South Africa, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of our WEBSITE and APP and the purchase of products and services available through each one. You agree and hereby submit to the exclusive personal jurisdiction and venue any court of competent jurisdiction within South Africa with respect to such matters.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at email@example.com, if by email, or at 24 Black Eagle Road, Onrus, Hermanus, 7200, South Africa if by conventional mail. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the WEBSITE or APP to inform you of changes to the WEBSITE, APP or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
25. Entire Agreement
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of our WEBSITE or APP, or use of or access to our WEBSITE or APP.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our WEBSITE or APP arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
27. Additional Information
Cape Wine Farms PTY LTD does not condone or support binge/excessive drinking or driving while under the influence. Cape Wine Farms PTY LTD is not responsible for any activities that are the direct or indirect consequences of drinking alcohol and/or using our WEBSITE or APP or any other service we may provide directly or indirectly. Please drink responsibly!
In South Africa, at the time of writing, the legal limit is a breath alcohol content of 0.24mg per 1,000ml, or a blood alcohol limit of 0.05g per 100ml. One drink is all that it takes to be over the limit. Other countries might have other limits, but it is your responsibility to be aware of the laws of your country. Ignorance is not an excuse in the eyes of the law.
DO NOT DRINK AND DRIVE! If you are stuck and need a lift, we recommend using UBER.
28. Contact Information
Except as explicitly noted on our WEBSITE or APP, the services available through our WEBSITE and APP are offered by Cape Wine Farms PTY LTD located at:
24 Black Eagle Road