Terms & Conditions
The new Consumer Protection Act (CPA) 68 of 2008 came into operation on the 1 April 2011. The immediate impact of the CPA is that it has consolidated the various consumer rights that previously existed in our law as well as introduced new rights and obligations. The CPA has
codified eight fundamental consumer rights which businesses must ensure they uphold. It's a Date fully prescribes and supports these and endeavors to uphold them in all
instances.
These rights are:
1. the right of equality in the market place;
2. the consumer’s right to privacy;
3. the consumers right to choose;
4. the right to disclosure and information;
5. the right to fair and responsible marketing,
6. the right to fair and honest dealing;
7. the right to fair, just and reasonable terms and conditions; and
8. the right to fair value, good quality and safety
These Terms and Conditions (“the Terms and
Conditions”) govern your (“the User”) use of the It’s a Date Event
Planning cc trading as
It’s a Date (“Provider”) website located at
the domain name www.itsadate.co.za (“the Website”). By accessing and
using the Website, the
User agrees to be bound by the Terms and Conditions
set out in this legal notice. The User may not access, display, use,
download, and/or otherwise copy or distribute content obtained on the
website for marketing and other purposes without the consent of the
Provider.
NOTE: BY USING OR ACCESSING THE IT’S A DATE
WEBSITE; YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS
AGREEMENT.
All of the Providers Services, Packages and/or Products are subject to availability and are
incredibly popular, so please book as
far in advance as possible
to avoid disappointment. No booking is considered final and
confirmed until such time as we
receive your completed and signed Booking Form and proof of
payment of your deposit.
Display of a product or package does not necessarily guarantee
availability. We will endeavour to keep our website updated on
stock changes; however, out-of-stock items may delay your delivery
or fully booked. We will keep you fully informed of any such occurrences.
We strive to advertise all prices and illustrations correctly
at all times, however, we cannot be held responsible for any
omissions or errors which may occur. All pricing is quoted and
transacted in South African Rands. It’s a Date makes no
representation, warranty or guarantee that the content will be
satisfactory to your needs, meet your expectations, or be
uninterrupted, timely, accurate, secure or free from errors.
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The User agrees to be bound by any
terms & conditions stipulated by the Providers Service
Partners, Vendors or Suppliers that
are agreed and signed to on their
behalf by the Provider when booking such items/services.
The User furthermore agrees to abide by the age restrictions,
limitations and all other instructions as made clear to them in
their booking confirmation and other correspondence/notifications with
the Provider and their Suppliers/Vendors. This is for the safety and wellbeing of
the User, the Provider, its Suppliers as well as other Users of the service.
Should the User act in deliberate violation of any of these terms
and conditions, the service may be cancelled without
notification. Any additional expenses incurred as a result of such
action(s) will
become immediately due and payable by the client.
You may only use the Services for lawful purposes and you
warrant that you shall not, other than for your personal and
non-commercial
use, store on your computer, or print copies of
extracts from this website, and you may not, other than for your
personal and non-commercial use, "mirror" or cache
information provided via this website on your own server, or copy,
adapt, modify or re-use the text
or graphics from this website
without prior written permission from the Provider.
The use of any product or service bought from this Website and/or
the Provider is at the User’s risk. The Purchaser/User
indemnifies and holds the Provider harmless against any
loss, injury or damages which may be sustained as a result of
using
or purchasing the service and/or products on the Website.
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When booking a package/service,
the User will be issued with a Booking Form, which must be completed,
signed and returned
by fax or email to
the Provider.
Upon receipt of the Booking Form, The Provider will issue the User with an invoice that contains
a reference number and
banking details based on the
service(s) and product(s) booked and detailed in the Booking Form(s).
No invoice will be issued without receipt of a completed
Booking Form.
The User will be required to make payment of a 50% deposit by
no later than 48 hours (2 working days)
after signing
and returning the Booking Form. The User must
send the proof of payment to the Provider via either the email or
fax number
provided.
Upon receipt of the proof of payment, the Provider will issue
the User with a full Booking Confirmation.
Final guest
numbers/changes to events must be confirmed in writing by the User
by no later than 7 working days before the
event. At this time, the Provider will amend the invoice as
necessary to reflect any changes (provided that the changes
stay
within any specified minimum / maximum requirements).
Full payment is required no later than 1 week
(5 working days) prior to the event and
additional security / breakages deposits
may be required depending on packages and products chosen.
No additional changes may be made to the booking in terms of
increasing or decreasing numbers within 5 working days from
the
event, unless agreed in writing with the Provider.
Important Notes:
• All deposits by the User are non-refundable unless
otherwise agreed in writing by the Provider and their
Vendors/Suppliers.
• No package is deemed as booked and confirmed until the deposit
has been paid, proof received and email confirmation sent by
a offical representative of the Provider.
•
Failure by the User to pay the booking deposit or final payment within the
specified time will result in the client being in direct violation
and default of the contract, at this time, the agreed booking(s)
will be cancelled by the Provider and the User will be liable
for any
cancellation fees incurred. The Provider will advise
the User of this cancellation via the email address provided on
the booking form.
Once this action has been taken, the Provider cannot guarantee
availability of vendors. Where possible, exceptions may be made
however; this needs to be requested in writing and can only be waived once.
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The Provider does not accept any cheque payments, only EFT
Payments and Cash Deposits however; if a cash deposit is made, the
User will be liable for the service fees charged by the banks
for “OTC (over the counter)” transactions which is 1% of the
deposited amount.
Upon signing the agreement between
the User and the Provider, the User agrees to pay a deposit
of 50% of the proposed total
cost within 48 hours of signing the
agreement. Should this payment proof not be received within this
time, the booking will
be forfeited. The proof of payment of
said deposit must to faxed or emailed to the Provider, who will
confirm receipt with a
full booking confirmation sheet.
The balance is payable to the Provider no less than 5 working
days (1 week) before the event/function date. The Provider does
not charge the User a commission/service fee as we have set commission agreements with
our vendors/suppliers. Should payment not be received in
accordance with the agreement in the quotation, then the Provider
reserves the right to stop or cancel all services until
payment is received which may result in a "out of stock" or fully
booked situation as all packages are booked and confirmed
according
to availablity at the time of booking and payment.
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Cancellation by the User must be received in
writing by the Provider.
Should the User cancel the Providers services for whatever
reason after signing the agreement and making payment of the
deposit, the
50% deposit is
non-refundable in its entirety. The balance of funds will be
credited to you once penalties with Vendors / Suppliers have been
paid and a fair handling/administration fee calculated as per the
Consumer Protection Act.
Cancellations with 72 hours or less notice will carry a 100% cancellation / administration charge / rescheduling fee.
Cancellations in excess of 72 hours notice will carry a 50% cancellation / administration / rescheduling
fee.
The User shall reimburse the Provider for any
breakages, unexpected out
of pocket expenses, including additional mileage incurred by the
Provider not stipulated in the agreement.
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The Provider does not guarantee the availability of
the Services and Products offered on this website ("the Services") or the accuracy of
the information and/or images on this website. We make no representations or warranties, whether express or implied, and assume no liability or responsibility for the proper performance of this website and/or the Services and/or the information and/or images contained on this website, and the Services are thus used at your own risk. In particular we make no warrantee that the Services will meet your requirements, be uninterrupted, timely, and secure or error free.The
Provider shall not be liable to the User or anyone claiming by, through, or under
User for any error of judgment or mistake of law or
for any loss, except a loss resulting from wilful bad faith or gross negligence on the part of
the Provider. The Provider shall not be liable to the User for failure of any vendor to perform.
The Provider makes no additional warranties with respect to the products/services offered hereunder.
You, the User, accordingly indemnify and hold us harmless against all and any loss, liability, actions, suites, proceedings, costs,
demands and damages of all and every kind, (including direct, indirect, special or consequential damages), and whether in an action
based on contract, negligence or any other action, arising out of or in connection with the failure or delay in the performance of the
Products and Services offered on this website, or the use of the information and/or images available on this website.
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The Provider and our Partners & Suppliers cannot be held liable for the cancellation or postponement of any experience due
to reasons beyond their control, such as unsuitable weather, acts of God, mechanical failure,
delays due to traffic, etc.
The Users sole and exclusive remedy for breach of any warranty hereunder shall be the repair or replacement of any defective goods or services, at
the Providers expense. The Provider shall have no liability under the foregoing warranty unless
User, at its expense, has provided the Provider a clear written statement describing the alleged defect, its consequences and, if applicable, returned the allegedly defective product to
the Provider.
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.
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The Provider takes no responsibility for goods being lost or delayed in the Post, Freight
Company and or any other person transporting the goods. Once the goods leave our
premises, the risk is transferred to the User. We can insure the goods at the
request of the User and the cost will be added to the invoice.
Please note that should we be supplied with incorrect or incomplete delivery details,
the Provider reserves the right to charge a redirection/redelivery fee should our courier/delivery
person be unable to deliver. Please make sure that we are supplied with as many contact numbers for the recipient as possible, to ensure a speedy
delivery. Unless
otherwise specified, all goods will be dispatched via standard postal
services, which should take between 3 - 5 working days.
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The Provider reserves the right to cancel any order for what any reason they deem fit. In this event,
the Provider will refund the purchaser in full.
In the event of the purchaser wishing to cancel confirmed, but not yet dispatched order,
the Provider shall refund the purchaser less a
R100 administration fee.
In the event the purchaser wishing to cancel a confirmed and dispatched, but not yet delivered order,
the Provider shall refund the User
less a minimum R250 administration fee, to cover the courier costs as well as
the Provider for their time and effort.
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Whilst your name and particulars which are supplied to us when registering for some of the Services will not automatically be made available to anyone, we nevertheless reserve the right to make information available to the authorities if required by law.
We will not sell or rent any personally identifiable information about you to any third party. However monitoring or recording of your registration details may take place for business purposes to the extent permitted by law, such as for example quality control and training for the purposes of improving our Services. However, in these situations, we will not disclose information that could be used to personally identify you.
We will adhere to our privacy policy the salient terms of which are available for you to link to and read from the home page of this website.
You must notify us immediately should any of your information change.
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These terms and conditions will be governed by and construed in accordance with the laws of South Africa.
These terms and conditions are severable, in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction, then such provision shall be deemed to have been deleted without affecting the remaining provisions of the terms and conditions.
Our failure to exercise any particular rights or provision of these terms and conditions shall not constitute a waiver of such right or
provision, unless acknowledged and agreed to by us in writing.
These terms and conditions, as varied by us from time to time, constitute the sole agreement between yourself and ourselves.
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We reserve the right to terminate the Services to you in particular, or to the public in general, without notice or reason, or to revise these terms and conditions at any time. Such changes will be posted on this website and be deemed to have been accepted by you if you continue using the Services. The obligation therefore is on you to review these terms and conditions at regular intervals.
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