Terms & Conditions

ON TAP TERMS & CONDITIONS

At On Tap, we pride ourselves on being Fast, Friendly and Efficient. This means we only partner with brands and team members who have met with our exceptional quality standards in our service and product deliveries.

INTRODUCTION

The On Tap E-commerce Platform

On Tap Franchise Holdings (Proprietary) Ltd (hereinafter referred to as “On Tap”, “our,” “we” or “us”) provides its users in South Africa and neighboring SADC countries with a website and e-commerce platform (hereinafter referred to as “On Tap E-commerce platform”) that facilitates online selection and ordering of, payment for, and delivery/collection of merchandise from third party providers (hereinafter called the “Franchisees”).

Consumer Protection

These Terms & Conditions of Use are subject to the Consumer Protection Act, 68 of 2008 ("the CPA"). Provisions hereof which appear in both bold and italics text (other than Headings) are important and should be carefully read and understood by you as they:

may limit the risk or liability of On Tap or a third party,
may require you to indemnify On Tap; and/or
may serve as an acknowledgement of a fact, by you.

Entering into this Agreement:

You ("the User") agree to On Tap’s Terms & Conditions of Service (“Terms”) by installing and/or accessing the On Tap E-commerce platform, its features, components, software or website (collectively, “Structure”). If you do not agree to all these Terms, do not install, access, or use the On Tap E-commerce platform or the Structure.

Age Restriction

If you are under the age of 18 years, you may only use the On Tap E-commerce platform under supervision of a parent or guardian.

Licence

You are granted a licence by the On Tap to use the On Tap E-commerce platform and the structure, as more specifically detailed below.

On Tap is your Agent

It is important that you understand that, on each occasion you make use of the On Tap E-commerce platform or avail yourself of its Structure and, more specifically, in facilitating the selection and ordering of, payment for, and delivery/collection of the merchandise of the Franchisees:

You appoint On Tap to act as agent and proxy,
You acknowledge that, notwithstanding that merchandise may be ordered and paid for via the On Tap E-commerce platform, you place such order and contract with the relevant Franchisee,
The sale of merchandise (concluded on acceptance of an order) is solely between you, as User, and the relevant Franchisee,
On Tap only provides the platform that facilitates transactions between Franchisees and Users in relation to the former’s merchandise,
On Tap is neither the buyer, the seller, the retailer, nor the wholesaler of subject merchandise; and
any claims a User may have in respect of merchandise shall lie directly with the relevant Franchisee.

Remuneration

On Tap's remuneration for your use of the On Tap E-commerce platform and/or the Structure and for acting as your agent and proxy is incorporated in the prices listed on the On Tap E-commerce platform for the Franchisees' merchandise, as listed.

Placing an Order

You place an order with a Franchisee using the On Tap E-commerce platform only after you have clicked on the "Place the Order" tab in the Checkout Process.

The Order

Your order is an offer to purchase the merchandise selected from a Franchisee, at the price and on such other terms as displayed by them on the On Tap E-commerce platform, which order and/or offer is conveyed to the Franchisee by On Tap, on your behalf.

Availability of Merchandise

All Franchisees’ merchandise listed through the On Tap E-commerce platform is subject to availability. If merchandise ordered by you is not immediately available or not available at all, you are entitled to a reasonable credit on the On Tap E-commerce platform.

The Prices

The Franchisees’ listed prices on the On Tap E-commerce platform are in South African Rands and are only valid and effective in South Africa and the neighbouring SADC countries. You accept the prices so listed when you have clicked on the "Place the order" tab. These prices include our remuneration from you for acting as your agent and proxy.

The Payment

Your payment for the merchandise to a Franchisee is facilitated by On Tap, on your behalf, through a secure, encrypted payment platform. Users can affect payment by use of VISA, MasterCard, American Express, Debit or Cheque Cards, as the case may be. The payment platforms are fully compliant with the International Payment Card Industry Data Security Standards (PCI DSS) using Extended Validation SSL with 256-bit encryption, the highest level of encryption currently available, and all of your cardholder information is stored in a PCI (Payment Card Industry) certified vault in accordance with the PCI guidelines and security standards. On Tap, itself, does not collect or store any information relating to your credit/debit cards used in transactions.

Consent

You consent to the use of the facilities of our payment platforms in order to process your Credit, Debit or Cheque Card transaction payments to Franchisees and acknowledge that doing so necessitates the disclosure of your Credit, American express, Debit or Cheque Card information to the payment platforms when you make a purchase.

Collection/Delivery

The Franchisees will deliver the merchandise purchased by Users to their designated address or users can opt to collect the merchandise at the registered store:

User Collection
Merchandise can be collected by Users at the store they are registered at on the date and within the collection hours as specified in the “ready to collect” email that is sent to the email address provided by you at checkout,
or
Door-to-Door Delivery:
If available to your location, for an additional, ad hoc charge (details of which are specified in the On Tap E-commerce platform), Franchisees can facilitate conveyance directly to the address provided by you at checkout.

Door-to-Door Delivery Conditions

There are costs involved in the Door-to-Door Delivery, which will be displayed as a separate charge on the Checkout page before the User confirms an order,

Any Door-to-Door Delivery charge added to a User order will be dependent upon, inter alia, the date and time of conveyance and the conveyance address and delivery charges may vary from week to week,

On Tap’s facilitation of Door-to-Door Delivery is aimed at conveyance of your merchandise within the conveyance window as indicated on the On Tap E-commerce platform, but On Tap incurs no liability if the merchandise is conveyed to a User outside of this window or if all or any of the goods ordered are not so conveyed (in the latter event, an appropriate credit will be processed in favour of the User).

Users are responsible for making suitable arrangements to receive ordered merchandise utilising Door-to-Door Delivery and for providing appropriate instructions on the order confirmation page of the On Tap E-commerce platform. In the event that merchandise is stolen from a User’s doorstep or damaged once delivered, On Tap does not accept liability. On Tap reserves the right to refuse or decline Door-to-Door Delivery requests by any User and considerations of On Tap is unable to convey the merchandise to a User, or has to deliver late, for reasons beyond On Tap’s control, for example adverse weather conditions, strike actions, vehicle breakdown, traffic congestion, On Tap cannot accept liability for any inconvenience or loss that this causes.

No fees or purchase obligation

There are no fees for registering with On Tap the On Tap E-commerce platform. There are also no purchase obligations – a User orders whatever merchandise a User requires from the listed Franchisees, entirely at a User’s own discretion.

User Profile

When you register with the On Tap, you will have to enter an Email Address and Password. You will be asked for your Email address and Password every time that you utilise the On Tap E-commerce platform. It is your responsibility to keep your Password ("Profile") private and safe. On Tap accepts no liability for any damages that you may suffer or any losses you may incur from the unauthorised use of your Profile by a third party on the On Tap E-commerce platform. You acknowledge that On Tap is not responsible for third party access to your account that results from theft or misappropriation of your account or Profile.

Account Set-up

All Users are required to first set up a On Tap account by completing the registration process and accepting these Terms of Use. Completing the registration process requires you to provide your Personal Information. In providing such Personal Information, you represent and warrant that:

the information about yourself is true, current, and complete,
you will maintain and promptly update your Personal Information to keep it true, current and complete; and
you will maintain the security of your Profile.

Terms binding:

These Terms are valid, binding, and enforceable in terms of Section 11 of the Electronic Communications and Transactions Act No. 25 of 2002 ("the Act") and the common law, in respect of all persons that access or use the On Tap E-commerce platform, its Structure or any part thereof.

User Rights

Access to and/or use of the On Tap E-commerce platform and/or its Structure may be classified as “electronic transactions” as defined in terms of the Act and therefore Users have the rights detailed in Chapter 7 of the Act, save as qualified hereunder.

Warranty

All products sold by On Tap are covered either by a supplier guarantee or warrantee. For more information regarding the conditions of these, please view the supplier letters attached to each product addressing their terms and conditions.

Complaints

On Tap would, however, like to know if you are displeased with any merchandise you receive from Franchisees listed on the On Tap E-commerce platform so we can procure improvement to the customer service rendered by the Franchisees. Please contact On Tap if your merchandise proves less than satisfactory. User satisfaction is On Tap’s primary goal. On Tap reviews each complaint individually. Furthermore, you may contact On Tap if you have any questions about these Terms or if your experience with the On Tap E-commerce platform has been less than satisfactory so that On Tap may endeavour to resolve your complaint or query. Users must ensure that they inspect the merchandise they have purchased as soon as possible after receipt and notify On Tap promptly if they find any defects, by mailing On Tap at ecommerce@ontap.co.za.

AGREEMENT IN TERMS OF SECTION 21 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT NO. 25 OF 2002 ("the Act")

The User and On Tap agree that:

The User shall be bound to these Terms (which specifically include the provisions of the above: Introduction) and such agreement is concluded at Pietermaritzburg (South Africa) at the time the User installs or accesses the On Tap E-commerce platform for the first time,

The User agrees and warrants that data messages (e.g. sms and email) that are sent to On Tap from a computer, IP address or mobile device normally used by or owned by the User, were sent and/or authorised by the User personally,

Electronic signatures, encryption and/or authentication are not required for valid electronic communications between the User and On Tap,

When the User sends a data message through the On Tap E-commerce platform to On Tap, it is deemed to have been received when On Tap replies to the data message. An auto response from a Website is not regarded as a reply,

When On Tap sends a data message to the User, it is deemed to have been received by the User when the User is capable of downloading the data message.

LICENSE, PERMISSIONS AND USE

On Tap grants Users a limited, revocable, non-exclusive and non-transferable license to access and make personal use of the On Tap E-commerce platform and/or the Structure exclusively for private, and/or non-commercial purposes,

This license may be terminated or cancelled by On Tap, in its sole discretion, at any time and without prior notice or reason,

Users are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of On Tap so long as the link does not portray On Tap, the Features, the Franchisees, or their merchandise and products in a false, misleading, derogatory, or otherwise offensive manner. Users shall not use any On Tap logo or other proprietary graphic or trademark as part of the link without prior written permission.

Hyperlinks to the On Tap E-commerce platform from any other source shall be directed to the home page of On Tap. Links beyond the On Tap home page may only be used with On Tap’s prior written consent.

This license does not include:

any resale or commercial use of the On Tap E-commerce platform and/or the Structure or its contents,
any downloading or copying of account information for the benefit of another merchant or agent,
any collection, collation, listing, comparison and/or use of any merchandise or product listings, descriptions, or prices,
downloading (other than page caching) or modifying or reverse engineering of the On Tap E-commerce platform and/or the Structure, or any portion of same, save with the prior written consent of On Tap,
any use of data mining, robots, or similar data gathering and extraction tools or use technology or Web applications (including web crawlers, robots or web spiders) to search, collect or copy content from the On Tap E-commerce platform or On Tap website for any purpose whatsoever, save and except through the use of bona fide search engine operators and use of the search facility provided on the On Tap E-commerce platform,
any derivative use of this On Tap E-commerce platform, its contents and/or the Structure.
The On Tap E-commerce platform and/or the Structure or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior written consent of On Tap.
A User may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of On Tap and/or the Structure and/or the listed Franchisee's and/or their prices and merchandise, without prior written consent of On Tap and/or the Franchisees concerned.
A User may not use any meta tags or any other "hidden text" utilizing the name of On Tap or its trademarks without the prior written consent of On Tap.
Any unauthorized use terminates all the permissions and/or licenses granted by On Tap to a User, forthwith and without notice.
Users shall not, through the use of the On Tap E-commerce platform and/or the Structure, publish, share or disclose material that may be offensive, defamatory, regulated, copyrighted, incorrect, untrue, prohibited, infringing or damaging to any person and/or use the On Tap E-commerce platform and/or the Structure for any other unlawful or harmful reason and/or for the creation, storage and transmission of unsolicited commercial communications.
In the event that a User contravenes these Terms or commits any act constituting cybercrime:
- On Tap reserves the right to claim civil damages from and/or institute criminal proceedings against the User.
- On Tap shall not be liable, in any manner whatsoever, for any damage, loss or liability resulting from such contravention by the User or any third party who obtained any content from the User.
No permission is given or should be implied that information on the On Tap E-commerce platform may be used to communicate unsolicited communications to On Tap or the listed Franchisee's and all rights detailed in section 45 of the Act are reserved.
Names, telephone, mobile or fax numbers and email addresses published on the On Tap E-commerce platform may not be incorporated into any database used for electronic marketing or similar purposes.
The caching of this On Tap E-commerce platform shall only be allowed if:
- The purpose of the caching is to make the onward transmission of the content from this On Tap E-commerce platform more efficient,
- The cached content is not modified in any manner whatsoever,
- The cached content is updated at least every 12 (twelve) hours; and
- The cached content is removed or updated when so required by On Tap.
This license and agreement commence when accepted by the User and has an initial term of twelve (12) months. Upon expiration of the initial term and each subsequent term, this agreement will automatically renew for successive renewal terms in equal duration to the initial term unless the User terminates by providing written notice to On Tap at least thirty (30) days prior to the end of the previous term, or as stipulated hereunder.
Users may not cede, assign or transfer the license or these Terms, by operation of law or otherwise, without On Tap’s prior written consent. Any attempt by Users to cede, assign or transfer these Terms or the license, without such consent, will be null and void and of no force or effect. On Tap may cede, assign or transfer these Terms or the license, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
On Tap may terminate your account and/or suspend your access to the Structure should you fail to comply with the Terms contained in this agreement, as amended from time to time, or any other guidelines and rules published by On Tap. On Tap further reserves the right to terminate or suspend any User's account with or without cause and in On Tap’s sole discretion without prior notice.

DISCLOSURES REQUIRED BY SECTION 43 OF THE ACT

Full name and legal status
On tap Franchise Holdings (Pty) Ltd;
Registration number
2010/007726/07
Physical address
Block F
Stokes House
Hilltops office Park
73 Villiers Drive
Clarendon
Pietermaritzburg
3201
Postal address
Block F
Stokes House
Hilltops office Park
73 Villiers Drive
Clarendon
Pietermaritzburg
3201
Telephone number
033 345 1647
Website address:
www.ontap.co.za
E-mail address
ecommerce@ontap.co.za
Membership of self-regulatory bodies
IOPSA
FASA
Code of conduct
See Code of Conduct
Physical address for receipt of legal service
Block F
Stokes House
Hilltops office Park
73 Villiers Drive
Clarendon
Pietermaritzburg
3201
Directors
- Johannes Jacobus van Wyk
- Grant Erskine Markham
- John Carl Becker
- Ivan Merrick John Senar
Alternative Dispute Resolution
Subject to urgent and/or interim relief, all disputes regarding:
- access and use of the On Tap E-commerce platform,
- the inability to access the On Tap E-commerce platform,
- the Structure and content available from this On Tap E-commerce platform; or
- these Terms,
  shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Pietermaritzburg in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client.
Access to information
To request records in terms of the Promotion of Access to Information Act, No. 2 of 2000, the following procedures must be followed:
- The prescribed form must be used to make the request for access to a record. The form can be downloaded from the Department of Justice website at www.doj.gov.za
- A request must be made to the address, fax number or electronic mail address as set out above,
- Sufficient detail of the request made must be provided on the request form to enable On Tap to clearly identify the record as well as the requester’s specific identity, and positive documentary proof of identification must be provided by the requester.
- A requester must indicate which form of access they require.
- A requester must indicate if they wish to be informed in any other manner and if so, they must state the necessary particulars required to be so informed.
- A requester must identify the right that they are seeking to protect or that they wish to exercise, and they must provide an explanation as to why the requested record is required for the protection or exercise of that right.
- If a requester is making the request on behalf of another person, they must submit proof, to the satisfaction of On Tap, of their authority to make such a request, by means of a legally binding Power of Attorney in their favour. Failure to do so will result in the request being rejected.
- The prescribed fee of R50.00 (if any) must be paid as set out below.
- Once a request is made, On Tap will send notice to the requester to pay the prescribed fee which must be paid before a request will be processed.
- On Tap will then make a decision in respect of your request and will notify you of its decision.
- Should a request be refused, the requester may lodge an application at court against the tender or payment of the requested fee as will be advised in the Notice to them.
- If a request is granted then the requester will have to pay a further access fee for the search, reproduction and preparation of the record as well as for any time, which has exceeded the prescribed hours, to search and in order prepare the record for disclosure to them,
- The fees schedule can be downloaded from the Department of Justice website at www.doj.gov.za

DISCLAIMER AND LIMITATION OF LIABILITY

It is the responsibility of the User to satisfy itself that the content available from and through the On Tap E-commerce platform meets the User's individual requirements and is compatible with the User's computer or mobile hardware and/or software.
The On Tap E-commerce platform has not been compiled to meet the User's individual requirements and On Tap makes no warranty as to the use, availability or performance thereof.
On Tap shall take all reasonable steps to ensure the quality and accuracy of content available to the User from or through the On Tap E-commerce platform. However, On Tap does not warrant or represent that the contents of and/or Structure available on or through the On Tap E-commerce platform are in all cases true or correct or free of any errors.
On Tap makes no warranty or representation as to the availability and functionality, at all times, of the On Tap E-commerce platform. Users acknowledge that the On Tap E-commerce platform may be unavailable or non-functional due to updates or other causes beyond the reasonable control of On Tap, including, without limitation, virus infection, unauthorised access (hacking), power failure or other “acts of God.”
To the full extent permissible by applicable law, On Tap (including its Directors, employees, service providers and agents) shall not be liable for any damage, loss or liability of any nature incurred by the User resulting from access to or inability to access the On Tap E-commerce platform or the Structure or the content available on or through the On Tap E-commerce platform or for any other reason other than as a consequence of the gross negligence of On Tap.
On Tap cannot give any undertaking that the merchandise you purchase from Franchisees through the On Tap E-commerce platform will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by On Tap absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against a Franchisee. Where you order merchandise through the On Tap E-commerce platform, On Tap will disclose your customer information related to that transaction to the relevant Franchisee.
Users are urged to obtain professional advice before taking any course of action related to the information, ideas or opinions expressed on the On Tap E-commerce platform all of which should not be regarded as professional advice or the official opinion of On Tap.
On Tap shall not be liable for costs incurred by Users to obtain professional advice relating to these Terms generally.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property pertaining to the On Tap E-commerce platform and/or the Structure, including but not limited to content, trademarks (or any confusingly similar trademarks), trade names, logos, pictures, video, downloads, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of On Tap or its content suppliers (including Franchisees) or licensed to On Tap and as such, are protected from infringement by domestic and international legislation and treaties.
The compilation of all content on the On Tap E-commerce platform is the exclusive property of On Tap, with copyright authorship for this collation vesting solely and exclusively with On Tap and is accordingly protected by international copyright laws.
Subject to the rights licensed to the User above, all other rights to intellectual property pertaining to the On Tap E-commerce platform and the Structure are expressly reserved.
No person shall amend, copy, use, decompile and/or reverse engineer the source code of the On Tap E-commerce platform, copyright in respect of which vests with On Tap.
No person may use logos, icons, photos, pictures, graphics or trademarks and the like from this On Tap E-commerce platform as hyperlinks or for other purposes without the prior written consent of On Tap.

CHANGES AND AMENDMENT

Amendments to these Terms take effect 24 hours after the relevant amendment is published on the On Tap E-commerce platform, and your continued use of the On Tap E-commerce platform is deemed as your acceptance of these Terms as amended.

PRIVACY & PERSONAL INFORMATION

On Tap shall take all reasonable steps as required by the Protection of Personal Information Act No. 4 of 2013, the Promotion of Access to Information Act, No. 2 of 2000 and any other prevailing statutory obligation, to protect the Personal Information of Users collated through their use of the On Tap E-commerce platform.
Personal Information is provided voluntarily by the User or is collected electronically by using cookies. A cookie is a small file that is placed on a User's hard drive in order to keep a record of the User's interaction with the On Tap E-commerce platform and to facilitate User convenience.
Users may choose to accept or decline cookie use independently through their browser settings. Declining cookies, however, may prevent Users from taking full advantage of the On Tap E-commerce platform.
This standard technology (cookie use) is not able to identify individual users but simply allows On Tap to collect statistics. A cookie in no way gives On Tap access to the User’s mobile, computer or device and/or any Personal Information about the User, other than the data the User chooses to share with On Tap.
Cookies allow Mobile or Web Applications to respond to the User as an individual. The Mobile or Web Application can tailor its operations to the User’s needs, likes and dislikes by gathering and remembering information about the User’s preferences.
On Tap uses cookies:
- to keep track of Users' browsing habits (temporary or session cookies),
- to compile de-identified statistics relating to use of the Structure offered or to provide On Tap with feedback on the performance of the On Tap E-commerce platform (traffic log cookies),
- to communicate User requested information to the Users,
- to provide the Structure to the User as requested by the User,
- to authenticate the User,
- to communicate the availability of merchandise or the features of the Structure to the User,
- to allow third parties/Franchisees to market merchandise and products to the User who specifically consents to the same,
The following classes of information may be collected in respect of Users who have enabled cookies:
- the browser software used,
- IP address,
- date and time of activities while using the On Tap E-commerce platform; and
- URLs of internal pages visited,
By using the On Tap E-commerce platform, the User consents to the collection by On Tap of Personal Information when the User completes any online form.
A User warrants that the mobile number and/or email address provided to On Tap is lawfully that of the User or that the User has permission to use such mobile number and/or email address (including that in respect of a third party's mobile number and/or email address) specifically on the On Tap E-commerce platform.
Personal Information collected from Users may be collected, maintained, saved, compiled, modified, destroyed, de-identified, shared and disclosed, subject to the following:
- the User consenting thereto, alternatively without the User’s consent only where lawfully compelled to do so,
- for On Tap’s lawful purposes,
- for as long as statutory law requires On Tap to do so; and
- for statistical and research purposes and without publishing same in identified form.
All rights of ownership in and to de-identified statistical information collected and compiled by On Tap are reserved to On Tap.

SECURITY

On Tap will exercise all reasonable technical and organisational measures as required by applicable statutory laws to protect the Personal Information of Users submitted to or collected by the On Tap E-commerce platform and to secure the content of the On Tap E-commerce platform from loss, misuse, unauthorized disclosure, alteration or destruction and On Tap requires its service providers to do likewise.
Notwithstanding criminal prosecution, any person shall be liable to On Tap and its service providers for all and any damages, liability and losses of whatsoever nature that On Tap and its service providers may suffer pursuant to:
- delivery or attempts to deliver any damaging code to the On Tap E-commerce platform and or the Structure or the server and computer network that support the On Tap E-commerce platform, whether negligently or with intent,
- development, distribution or use of any device or program designed to breach or overcome the security measures, products and/or the Structure of, on or available through the On Tap E-commerce platform; and
- the commission of any of the offences detailed in Sections 85 to 88 of the Act.
Users are encouraged to report and provide proof of defamatory, untrue, inaccurate, unlawful and/or harmful content ("undesirable content") on or through the On Tap E-commerce platform to On Tap, which undertakes to correct and/or remove such content as is reasonably proven to constitute undesirable content.
On Tap may provide hyperlinks to websites not controlled by On Tap (“target sites”) and such hyperlinks do not imply any endorsement, agreement on or support of the content, products and/or features of such target sites.
On Tap does not editorially control the content, products and/or features of target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access, use and inability to use content, products and/or features available on or through target sites.
Subject to the provisions of the Regulation of Interception of Communications Act 70 of 2002 ("the RIC Act"), the User agrees to On Tap’s right to intercept, block, filter, read, delete, disclose and use all communications (including all “data messages” as defined in the Act) sent or posted by the User to the On Tap E-commerce platform or the On Tap website.
The User agrees and acknowledges that the consent provided by the User in the above clause satisfies the “in writing” requirement as detailed in the Act and the RIC Act.

GENERAL

These Terms constitute the entire agreement between On Tap and the User and shall take precedence over any disclaimers and/or legal notices attached to any communications and/or postings received by On Tap from the User.
Any failure by On Tap to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining content. The remaining content shall endure as enforceable and applicable.
The On Tap E-commerce platform is hosted, controlled and operated from the Republic of South Africa and therefore, subject to the Alternative Dispute Resolution provisions of clauses above, this agreement shall be governed by and interpreted according to the laws of the Republic of South Africa.
On Tap disclaims all liability for any loss, damage or expense however caused, arising from the use of or reliance upon the information provided through the On Tap E-commerce platform and/or the Structure and does not guarantee the completeness or accuracy of the information.
On Tap’s failure at any time to insist upon strict compliance with any of a User’s obligations under these Terms, or a failure by On Tap to exercise any of the rights or remedies afforded to On Tap, shall not constitute a waiver of such rights or remedies and shall not relieve a User from compliance with such obligations. A waiver by On Tap of any default shall not constitute a waiver of any subsequent default. No waiver by On Tap of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to a User in writing.
The User acknowledges that its use of the On Tap E-commerce platform, the Structures and its content is at the User’s own risk. Save for liability which On Tap cannot by law restrict or exclude, On Tap shall bear no liability to Users or any third party for any direct, indirect or consequential damages (including loss of profits), or any other any damages of any kind whether based on warranty, contract, delict (including negligence) or otherwise.