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. 

Access a PDF copy of our terms and conditions.

Availability and Pricing of Products and Services


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.

Use of Services


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
.

Booking Process and Deposits


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
• 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.

Payment Terms  


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. 

Event Cancellation, Refunds and Expenses


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. 

A 100% cancellation / administration / rescheduling fee on the total booking is levied if cancellation is 7 days or less prior to the party.
Cancellations in excess of 7 days 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.

Disclaimer, Warranty Limitation & Indemnification


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.

Exclusive Remedy & Limitation of Liability


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.

Product Delivery


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. 

Order Cancellation


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. 

Privacy


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. 

 

General


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.

 

Changes to the Site (Termination and Variation)


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.

 

 

Last Updated: September 2015

Testimonials - Terms & Conditions - Sitemap