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Terms & Conditions

#ONLINE TERMS AND CONDITIONS OF USE

#PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Distell Limited ("Distell") and its associated companies in the Distell Group provide this website, subject to the terms and conditions below. By using this website, you signify your assent to these terms of use. If you do not agree to these terms of use, you may not use this website in any manner whatsoever.

These terms make reference to sections of the Electronic Communications and Transactions Act, 25 of 2002 (hereinafter “the ECT Act”), a copy of which may be obtained at http://www.internet.org.za/ect_act.html.

#TERMS OF USE

Your use of this website shall at all times be subject to these terms of use, as may be amended from time to time. It is your responsibility to continually stay abreast of changes to these terms.

#LIMITATIONS

The use this website is at your own risk. Whilst we endeavour to ensure that the information on this site is accurate and complete, we make no warranties about the accuracy, reliability, completeness or timeliness of information published on this website. The information on this website is intended for general information purposes only and is not intended to serve as financial, legal or other advice. To the maximum extent possible under applicable law, we disclaim liability for any claim, loss, injury or damage arising out of or in connection with the use of information and/or goods and/or services available from or trough this website, whether direct or indirect including, without limitation, any liability relating to any loss of use, interruption of business, lost profits or lost data, or incidental, special or consequential damages of any kind.

#GOVERNING LAW AND JURISDICTION

Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland, Wales and the Republic of Ireland.

#SALE OF LIQUOR

To the extent that this website may market, promote or advertise the sale of liquor, it is not intended for persons under the age of 18 years and you are advised that liquor may not by law be sold or supplied to persons under the age of 18 years.

#SECURITY

In terms of section 86 of the ECT Act you are notified that it is a criminal offence to gain unauthorised access to any restricted areas of this website or to otherwise interfere with the proper functioning thereof.

#LICENCE

The proprietary information on this website may be downloaded or printed for your own non-commercial use only, provided you do not delete or change any copyright, trademark, or other proprietary notices, or distort or otherwise modify the proprietary information in a manner that may be prejudicial to us. All rights not expressly granted in terms of these terms of use are reserved. Any use of our proprietary information, otherwise than expressly authorised in terms hereof, may violate copyright laws, trademark laws and other regulations and statutes and create liability for criminal prosecution and/or civil liability.

#CONTENT

This Site and all the Content on it is owned by Distell Limited (or its licensors and content providers). All rights in the Content are reserved to their respective owners, unless expressly stated otherwise.

Any Contribution you send or post to this Site remains your property, but Distell Limited may use your Contribution as described under "Your Contributions" below. You may not use any Content on this Site unless it is expressly stated that you may do so. Where we state that it is permitted to do so, you may download and use Content, but only for the purposes of raising awareness about the campaign efforts.

#You may not

  • Use any Content on this Site for personal gain, for any commercial purpose, to advertise or sell any products or services, or to promote a business;
  • Copy, transmit, store or distribute any part of this Site, unless we have expressly indicated that you may do so. You may not alter, modify, adapt, reverse engineer, disassemble or create derivative works of any software which is accessible through this Site; or
  • Collect or use any personal details from this Site.

#Your Contributions

If you send or post any Contributions to this Site or to Distell Limited, you confirm that you are granting Distell Limited a perpetual (and irrevocable), royalty-free, worldwide, non-exclusive licence to use the material in your Contribution for any purpose in any media in any part of the world. This includes the right for Distell to copy, edit, publish, grant sub-licences, and exercise all other copyright and publicity rights over the material. You also waive all ‘moral rights’ in the materials (‘moral rights’ are described in the Copyright, Designs and Patents Act 1988).

Photographs may be personal data under EU data protection legislation. Please see our privacy policy for more information on how Distell Limited handles your personal data.

If you do not wish to grant us these rights, please do not send or post your Contribution to this Site or to Distell Limited.

You must not post or send any Contributions to this Site or to Distell Limited that you do not have permission to publish or share in this way, for example clips of music videos or TV shows. By sending or posting a Contribution to this Site or Distell Limited you warrant that:

  • Your Contribution does not infringe any person’s intellectual property rights, which include any copyright, moral rights or trade mark rights;
  • You have all the necessary rights to post or submit the Contribution and to grant us the rights described in the these terms of use; and
  • You have necessary permission from everyone in a picture or video. For children and young people the permission must be from their parent or legal guardian.

You should always give careful consideration before making public any personal information about yourself or anyone else (for example telephone number, home address or email address), especially anything that could identify a child or young person.

Distell Limited does not endorse any Contribution or any opinion, statement, or advice expressed by users of this Site wherever it may appear. To the fullest extent permitted by law, Distell Limited expressly disclaims all liability in connection with any Contributions made by users of this Site wherever it may appear.

#UNLAWFUL USE

You may only use this Site for lawful purposes and you agree to comply with all applicable laws, regulations and codes of conduct and to be solely responsible for all things arising from your use of this Site. You may not submit, publish, post, distribute or transmit any defamatory, offensive, infringing, obscene, indecent or unlawful or objectionable Contributions. You may not interfere with anyone’s use or enjoyment of this Site, for example by threatening, bullying or sending junk mail.

If Distell Limited in its sole discretion considers that any Contribution, conduct or use of this Site breaches these terms of use or is unlawful or inappropriate in any way, we reserve the right to do any or all of the following actions (without prior notice): (a) warn you via email and require you to discontinue such conduct or use; (b) delete any Contribution you have posted to this Site or which features in any personal area; (c) discontinue your registration with this Site or any service being provided; and/or (d) take other measures, including terminating, suspending or restricting use of this Site, and/or passing details to relevant third parties, including email providers, the police or other authorities. Any action that we take is without prejudice to any of our accrued rights.

#PHOTOS TAKEN AT ANY OF THE DISTELL EVENTS

Please note that photographs, audio, digital or video images may be taken during this event, which may be used by Distell for promotional purposes, in publications, and on our websites and social media platforms. By attending this event you acknowledge and give consent to such use. If your image is featured on any of our platforms and you are not completely satisfied with this, please contact us and we will ensure that it is removed.

#LIMITATION OF LIABILITY (PLEASE READ CAREFULLY)

Distell Limited (and its group companies, officers, trustees, employees and agents) shall not be liable or responsible for any claim, loss, damage, costs and expenses of any nature (including without limitation for any direct, indirect, incidental, special, punitive, or consequential damages whether resulting from breach of contract, negligence or any other cause of action) arising in connection with this Site or your use of it (including, without limitation, for any Contributions to this Site by users, for any viruses, bugs, trojan horses or other contamination resulting from use of this Site, for any interruption or delays to the use of this Site, or for any errors, omissions or inaccuracies in any Content on this Site). Nothing in these terms of use shall exclude or limit any liability for death or personal injury arising from negligence, or for any other liability which cannot be excluded or limited by law.

You agree that you are solely responsible for your use of this site, and that to the fullest extent permitted at law, Distell Limited, its officers, trustees, employees and agents do not make any representations and do not give any warranties, express or implied, concerning this Site and the Content. In particular, Distell Limited does not warrant or represent that this Site or the Content is virus free.

All software provided by third parties (for example Acrobat Reader and RealPlayer) is the sole responsibility of that third party.

#INDEMNITY

You agree to indemnify Distell Limited (and its group companies, officers, trustees, employees and agents) from all claims, loss, damages, costs and expenses arising in connection with your use of this Site, or your breach of any of these terms of use, or any Contribution made by you (or through your account) on this Site. This obligation shall survive the end of these terms of use and your use of this Site.

#THIRD PARTY WEBSITES

This Site may contain links to websites operated by parties other than Distell Limited. Such links are provided for your convenience only and you access these links at your own risk. Distell is not responsible for the content of any third party websites linked to or from this Site.

#GENERAL PROVISIONS

If any provision of these terms of use is deemed to be invalid by a court of competent jurisdiction, this shall not affect the validity of the remaining provisions, which shall remain in full force and effect. Any failure or delay by Distell Limited in asserting any of its rights or of any provision of these terms of use shall not constitute a waiver of such right or provision. Distell Limited reserves the right at its sole discretion to discontinue or amend any aspect of this Site at any time.

#PRIVACY OF PERSONALLY IDENTIFIABLE INFORMATION

We will not disclose any personally identifiable or payment-related information (collectively “personal information”) to third parties without obtaining your prior consent. We shall however not be prohibited from making personal information available within our group of companies or to our marketing agents for marketing purposes, subject thereto that such parties agree to observe the above provision.

#LINKING AND FRAMING

You may not establish a link to this website from a third party site, unless the link does not imply any association, endorsement or sponsorship by us of such website, or any products or services offered on such site; or unless the linked pages from the website are displayed without alteration of any kind. You may in particular not cause a user's web browser to display a "framed" version of this web site in response to activating a link.

#AUTOMATED ACCESS

Other than bona fide public search engines, you may not access any pages in this website using any automated process or technology, including, without limitation, any web spiders, crawlers, or similar technologies.

#ELECTRONIC COMMUNICATIONS

Any communication or material you transmit to us by electronic mail or otherwise, including, but not limited to any data, questions or answers, comments, suggestions, or the like, will be treated as nonconfidential and non-proprietary by us, unless expressly agreed otherwise in writing. Electronic communications shall only be deemed to have been received if and when responded to in a manner, other than by way of an automated response. Information contained in electronic communications must be regarded as confidential and intended solely for the use of the intended recipient. Any unauthorised disclosure, copying, distribution or action in reliance upon the contents of this electronic communication is strictly prohibited and unlawful. Whilst we employ virus filtering, we provide no guarantees or warranties that electronic communication will be virus-free. You are accordingly advised to employ your own virus scanning tools. The views expressed in any electronic communications transmitted are those of the individual sender, unless the context clearly provides otherwise.

#ENFORCEABILITY

Each provision of these terms of use shall be severable from the other provisions. Should any provision be found by a Court of competent jurisdiction to be invalid or unenforceable for any reason, the remaining provisions of these terms of use shall nevertheless remain binding and continue with full force and effect.

#PRIVACY POLICY

#Statement Of Intent

When you supply any personal information to Distell Limited, we have legal obligations under the Data Protection Act 1998 in the way we deal with that information. In particular, we must:

  • Collect the information fairly
  • Let you know how we will use it
  • Keep the information secure

We are committed to protecting and respecting your privacy. Whenever you provide personal information we will treat your information in accordance with this privacy policy, and in accordance with the Data Protection Act 1998.

## Information We May Collect From You

When you donate, register online, contact us, or interact with us in any other way, Distell Limited may sometimes receive personal information about you, such as your:

  • Name
  • Email address
  • Postal address
  • Telephone number
  • Debit or credit card details

When you visit our site, we also sometimes use cookies, and collect information about your visit. For more details, please see the ‘Cookies’ and ‘How we use your information’ sections below.

#How We Use Your Information

We use your information in a number of ways, such as:

  • Sending you information about Distell Limited, our supporters and beneficiaries for marketing purposes, including via Facebook
  • Processing a donation that you have made
  • Processing an order from our online shop
  • Dealing with entries into competitions
  • Processing a grant or job application
  • Responding to correspondence you have sent to us

We will not contact you for marketing purposes unless you have given your express consent. If you have consented to receive marketing, you may opt out at any time. Please see the ‘Unsubscribe’ section below for more information.

If you have consented to receive marketing, we may occasionally contact you to ask if you would be prepared to help us with our market research, although participation is purely voluntary.

When you visit our site, we sometimes collect information that enables us to identify you and provide you with a more personalised service. We also aggregate statistics about our supporters to enable us to operate more effectively, but these statistics do not include information which can identify individuals.

#Disclosure of your information

We will keep your personal information confidential, and will not supply it to any third party without your consent, unless we are obliged or permitted by law to do so. Where we work with partner organisations, we may need to refer your questions to them in order to respond fully. We sometimes use third parties to process your information on our behalf (for example, to process donations, send out mailings, or analyse data). However, we require them to keep your information secure and not to use it for their own business purposes.

Some of our service providers may be located outside Europe, such as the U.S. or Canada, and by providing personal information to us, you consent to your information being processed on our behalf in these countries.

By providing personal information to us, you consent that we may transfer your information within Distell Limited group of companies, and that your personal information may be transferred to a third party in the event of a reorganisation or merger of Distell Limited.

#Unsubscribe

You can opt-out of receiving direct marketing from us at any time. Simply follow the ‘unsubscribe’ links on our emails, or you can email or write to us at the following address with your request:

Nederburg Team, Wonderworks Communications Ltd, 33 Percy Street, London, W1T 2DF Email: nederburg@wearewonderworks.com Phone: 020 7637 5337

#Cookies

Cookies are small pieces of information (in the form of text files) which are sent from our website to your computer or mobile phone and which are stored on your device's hard drive. They help you use our site more effectively, and help us assess how our site is used.

Most internet browsers (such as Internet Explorer, Mozilla Firefox or Google Chrome) give users options about cookies through their browser settings. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to and use our site.

You can find out more about cookies and how to remove them from your browser at aboutcookies.org.uk.

Please note that if you remove some of our cookies, you may not be able to use our site as effectively.

During your visits to our site you may notice some cookies that are not related to Distell Limited. You should check the third party websites for more information about these.

Here are a list of the main cookies that we use on this site, and what they do. By using this site, you agree that we can place these cookies on your device:

We use a service called Google Analytics which collects information about how visitors use our site. We use the information to promote our campaigns online (including via search and display advertising and using a feature called “remarketing” (displaying relevant ads to people who have visited our site whilst they browse other sites), as well as to compile reports and to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from, and the pages they visited.

Google Analytics also provides high level visitor demographics and interests data taken from the Google Ads Display Network. This additional information helps us better understand our audience and improve the services we offer.

For more information about these cookies, please visit this link If you wish to opt out from Google Analytics, you can download an opt-out tool from Google here.

Any changes we make to this privacy policy will be posted on this page, so please check back from time to time.

#DONATIONS

You can donate to the DOYOURPART fundraiser, as part of the Bicycles Change Lives campaign run by Qhubeka (http://qhubeka.org/). All funds donated are held by Qhubeka, and processed through the GivenGain payment gateway.

#GivenGain Page terms of use

In addition to our website Terms of Use, you must follow these rules when you use GivenGain donation pages:

  • You may only use the DOYOURPART GivenGain pages to fundraise for Qhubeka.
  • You must not advertise, sell anything or promote a business other than for fundraising.
  • You must not use inappropriate usernames, passwords or page names.
  • Anything you post must be civil, polite, tasteful and appropriate.
  • Anything you post must not be unlawful, inappropriate or objectionable - this includes anything obscene (e.g. violent or sexually explicit), defamatory, or that someone else might find offensive, upsetting, abusive or threatening.
  • You must not behave disruptively, offensively or abusively – this includes threatening, bullying, harassing or revealing personal details about someone else without their permission.
  • Please make sure you have permission from everybody appearing in pictures that you post. Do not post any content featuring persons under 18 years of age.
  • Please do not post anything which is copyrighted, such as music videos or TV shows, and which you don’t have permission to use.

The views expressed on the GivenGainPages and the Fundraiser Showcase pages are those of members of the public, and not necessarily those of Distell Limited.

#Fundraising dos and don'ts

If you are fundraising for Qhubeka, please make sure you stay legal – and take a moment to read the following guidelines and information before you start:

Your fundraising materials must not suggest that you represent the charity, only that you are fundraising in support of us.

If you are raising money in the course of a business, deducting any amount to cover costs, or splitting the money raised between Distell Limited and another charity, then you’ll need a Fundraising Agreement.

We don’t advise you to collect money in a public place or door to door. If you do choose to do so, you’ll need your own licence from your local authority (you should find details about this on your local authority’s website).

Persons under the age of 18 must not fundraise in any way.

If you are planning any type of lottery (such as a raffle, tombola or sweepstake), please be aware that there are strict rules about what you can do. For England, Wales and Scotland, the Gambling Commission publishes useful guidance on lotteries at gamblingcommission.gov.uk. In Northern Ireland, the Northern Ireland Council for Voluntary Action publishes a good practice guide at nicva.org.

You should always consider whether you need appropriate insurance cover for your fundraising activity. If necessary, carry out a risk assessment and make sure participants are fully briefed about the activity.

For more information on fundraising please see the Institute of Fundraising website, how2fundraise.org.

#Disclaimer – please read!

Please be safe! Whilst we really appreciate your support, Distell Limited is not responsible for organising, supervising or hosting your fundraising activity. All activities, and participation in them, are at the organisers’ and participants’ own risk. Your activity should not pose a danger to you or any onlookers.

Distell Limited does not accept responsibility or liability for any loss or damage, or for any death or personal injury, arising out of any fundraising activity including liability as a result of negligence (except death or personal injury caused by Distell Limited’s negligence).

If you wish to donate to Qhubeka or sponsor anyone for DOYOURPART, please note that your donation or sponsorship payment is non-refundable. If you sponsor someone your sponsorship is not conditional on the activity being completed.

#AMENDMENTS

We reserve the right to revise these terms of use at any time, with the revised terms taking effect as of the date of its posting. A certificate signed by the administrator of this website shall be prima facie proof of the date of publication and contents of any version of these terms that may be applicable to a dispute or otherwise.

#INFORMATION DISCLOSURE

The following information of Distell Limited is disclosed in terms of section 43 of the ECT Act and section 51 of the Companies Act, 61 of 1973:-

Full name and legal status: Distell Limited

Registration number: 1963/001333/06

Names of directors: MJ Botha, W Bührmann, PF Carolin, VC de Vries, DJ Gallow, C Gous, DM Hegland, SW Klopper, MG Lambrechts, NT Moodley, K Pillay, RM Rushton (Managing Director), CLC Snyman, JJ Venter

Place of registration: Republic of South Africa

Physical address: Aan-de-Wagen Road, Stellenbosch, RSA

Telephone number: +27 (0)21 809 7000

Website address: www.distell.co.za

E-mail address: info@distell.co.za