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Terms of Use

Terms and Conditions
Last modified: 18 October 2021
Please take a moment to read these terms and conditions (“Terms &
Conditions”) to understand how they apply to your online purchase of
any products or services. If you have any questions regarding our
Services, the Terms & Conditions, products or services, please
contact us: jerry@ebutler.africa
Introduction
1.1. Thank you for using eButler. These Terms of Service (“Terms”)
govern your use of eButler services, including our website and
mobile applications (the “Services”), and are entered into by you
and The Connected Retail Group, Pty LTD. (d/b/a eButler). 1.2.
Online Registration You are required to register with us before
placing your first order online. Please click on Register to
complete the registration form. Registration and/or use of our
online shopping services constitutes your acceptance and agreement
to be bound by these terms of our Services. To register you will be
required to provide certain personal information including personal
and payment card details, as well as an email address, phone number
and password. Please keep your personal information secure. We
accept no liability for any damages suffered or losses incurred from
the unauthorised use of your personal information. You will be
required to enter your email address and password each time you
visit our online shopping site. To amend any of your details, please
go to “Settings”.
In these terms:
2.1. a reference to "law" means any law of general application and
includes the common law and any statutory provision, constitution,
decree, treaty, regulation, directive, ordinance, by-law, order or
any other enactment of legislative measure of government (including
local and provincial government) statutory or regulatory body which
has the force of law; 2.2. references to a statutory provision
include any subordinate legislation made from time to time under
that provision and include that provision as modified or re-enacted
from time to time; 2.3. a reference to "writing" means legible
writing and in English and includes printing, typewriting,
lithography or any other mechanical process, as well as any
electronic communication, as contemplated in the Electronic
Communications and Transactions Act 25 of 2002, in a manner and a
form such that it can conveniently be printed by the recipient
within a reasonable time and at a reasonable cost; 2.4. words
importing the masculine gender include the feminine and neuter
genders and vice versa, the singular includes the plural and vice
versa, and natural persons include artificial persons and vice
versa; 2.5. references to a "person" include a natural person,
company, close corporation or any other juristic person or other
corporate entity, a charity, trust, partnership, joint venture,
syndicate, or any other association of persons; 2.6. if a definition
imposes substantive rights and obligations on a Party, such rights
and obligations shall be given effect to and shall be enforceable,
notwithstanding that they are contained in a definition; 2.7. any
definition, wherever it appears in this Agreement, shall bear the
same meaning and apply throughout this Agreement unless otherwise
stated or inconsistent with the context in which it appears; 2.8. if
there is any conflict between any definitions in this Agreement
then, for purposes of interpreting any clause of the Agreement, the
definition appearing in that clause or paragraph shall prevail over
any other conflicting definition appearing elsewhere in the
Agreement; 2.9. references to "days" shall be construed as calendar
days unless qualified by the word "business"; 2.10 any provision in
this Agreement which is or may become illegal, invalid or
unenforceable in any jurisdiction affected by this Agreement shall,
as to such jurisdiction, be ineffective to the extent of such
prohibition or unenforceability and shall be treated as having not
been written (i.e. pro non scripto) and severed from the balance of
this Agreement, without invalidating the remaining provisions of
this Agreement or affecting the validity or enforceability of such
provision in any other jurisdiction;
Product Sales and Availability
4.1. All products displayed on our website, mobi-site and apps are
subject to availability and will be delivered only within the
Republic of South Africa to areas where we deliver. All prices shown
on our website, mobi-site or apps are quoted in South African Rands
and are valid and effective only in the Republic of South Africa. We
reserve the right to discontinue or change the specifications of our
products and services from time to time without notice. We will
inform you as soon as possible if any products or services ordered
by you are not available.

Content Errors
4.3. We regret that no order will be accepted if we identify a
material error in the description of any of our goods or services or
their prices on our website, mobi-site and/or apps. Packaging may
vary from that shown on our website, mobi-site and apps.
Payment
4.4. When you place your order, funds equal to the total value of
your order will be reserved against the card you are paying with
during the checkout process, and payment will be effected
immediately. By submitting your order, identity number and payment
card details you warrant that you are authorised to make payment
with the payment card and that there are sufficient funds available
to pay for the order.
Stock Availability
4.5.1 We cannot always guarantee stock availability and will deliver
a substitute product, if possible, where you have authorised us to
do so. If we are unable to supply certain items or quantities
ordered, you nevertheless agree to accept delivery and make payment
for the items delivered.
4.5.2. Same day delivery in certain areas is subject to the above
clause. You will be notified if any or all the items you have
purchased for same day delivery are available or not. In the case
that 40% of your order items are out of stock, standard 1 - 3 days
delivery will apply unless you opt. to cancel your order.
Deliveries
5.1.1 Deliveries are made Monday to Friday, 10 a.m. - 7 p.m.;
Saturday from 10 a.m. till 5 p.m., and Sunday from 10 a.m. till 1
p.m. Public Holidays are subject to special delivery times, please
chat to our live Customer Experience Agents for details. Wine
deliveries may not be legally permitted on Sundays in certain
provinces. In the Western Cape, wine may only be delivered after 11
a.m. on Sundays. In general, all items are available for next-day
delivery. On delivery, you will receive our delivery note showing a
summary of the items delivered. You will receive by email a detailed
tax invoice showing the product price details, the delivery fees,
Value-Added Tax and the amount debited from your payment card. You
or your authorised representative will be asked to sign a duplicate
copy of the delivery note to confirm receipt. For verification
purposes, the person accepting delivery at the delivery address may
be required to produce a form of identification. Any person other
than yourself who receives the products at the delivery address is
presumed to be authorised to accept delivery on your behalf. Should
no-one be in attendance at the time of delivery, the driver will
keep the products and leave a notice. The driver will try to contact
you to make new arrangements for delivery. We reserve the right to
charge an additional delivery fee should it be required. Our
liability for any delay in delivery is limited to re-delivery at a
later agreed time at no additional charge. We have outsourced all
delivery arrangements to third party service providers. Accordingly,
we cannot, to the extent permitted by law, be liable for any loss or
damage caused by them.
Returns & Refunds
5.2.1 If you are for any reason dissatisfied with any item purchased
online, you may contact us for collection within 14 days of purchase
for a full refund, replacement or exchange, provided you have the
original tax invoice, and it is in a saleable condition. Should you
not have an invoice, we will be happy to exchange your purchase at
the current system price.
Cancellation
5.3.1 If for any reason you would like to cancel an order this may
be done by contacting our Customer Experience Centre on
jerry@ebutler.africa or use the Live chat. You will only be able to
cancel orders until midnight on the day prior to the date of
delivery. We may debit your payment card for the delivery fees in
respect of any late cancellations. If you cancel your payment for
any reason or if your payment card should cease to be valid for
whatever reason, you will remain liable for the full purchase price,
including all related costs. We reserve the right to cancel any sale
and/or your registration in the event of a breach of any of these or
the General Terms.
Risk and Ownership
5.4.1 Risk in the products shall pass to you or your authorised
representative on delivery. We will retain ownership of the products
until payment is received in full.
Your use of the Services
6.1. eButler grants you a limited, non-exclusive, non-transferable,
and revocable license to use the Services for their intended
purposes subject to your compliance with these Terms and our
policies. 6.2. You may not copy, modify, distribute, sell, or lease
any part of the Services. Unless such restriction is prohibited by
law or you have our written permission, you may not reverse engineer
or attempt to extract the source code of the Services. You may only
access the Services through the interfaces that we provide for that
purpose (for example, you may not “scrape” the Services through
automated means or “frame” any part of our Services), and you may
not interfere or attempt to disrupt our Services. 6.3. Some parts of
our Services may allow you to upload or submit content (such as
text, images, video, recipes, lists, links, and other materials).
6.4. You retain all rights in any content that you upload or submit,
and are solely responsible for that content. You grant eButler a
non-exclusive, royalty-free, worldwide, transferable, sub-licensable
license to use, store, publicly display, publicly perform,
reproduce, modify, create derivative works from, and distribute any
such content for the purposes of operating, providing, and improving
the Services. 6.5. eButler may, in its sole discretion, remove or
take down any content that you upload or submit to the Services for
any reason, including violation of these Terms or any other
policies. 6.6. You may have the option of accessing the Services
through downloadable software and this software may update itself
automatically on your device. Some software, or portions of
software, in our Services may be governed by open source licenses.
In that case, we will make such licenses available to you and, in
the case of conflict between such a license and these Terms, the
open source license will control but only with respect to the
software, or portion of the software, to which it applies. 6.7. If
you are using eButler on behalf of a business or other entity, you
represent and warrant that you have the necessary authority to bind
that business or entity to these Terms and that you are agreeing to
these Terms on behalf of that business or entity. 6.8. In order to
use the Services, you may need to create a user account. 6.9. You
agree that you are responsible for all conduct and transactions that
take place on or using your account and that you will take
precautions to keep your password and other account information
secure. 6.10 eButler reserves the right to decline orders, refuse
partial or full delivery, terminate accounts, and/or cancel orders
at any time in its sole discretion. 6.11 You also acknowledge and
agree that, except as expressly provided for otherwise in these
Terms or a separate agreement between you and eButler, eButler does
not form any employment or agency relationship with you and does not
hold title to any goods that you order through the Services.
Acceptable use
7.1. You must not use this website in any way that causes, or may
cause, damage to the website or impairment of the availability or
accessibility of the website; or in any way which is unlawful,
illegal, fraudulent or harmful, or in connection with any unlawful,
illegal, fraudulent or harmful purpose or activity.
Improvements and modification
8.1. We’re constantly modifying and improving our products. We may
introduce new features, change existing features, or remove features
from the Services at any time and without notice. If you provide us
with any feedback on or comments regarding the Services, you grant
eButler the right to use such feedback or comments for any purpose
without restriction or payment to you.
eButler Deals
9.1. eButler “Deals” are manufacturer’s coupons that are
automatically applied to qualifying products upon purchase to help
users save money on the products they love. Deals are available for
a limited time only and may be subject to change, cancellation or
expiration at any time. If you do not purchase the qualifying items
added to your cart while the Deal is still in effect, the discount
will not apply. 9.2. Deals apply only to qualifying items displaying
the offer and may not be combined with other promotional offers.
eButler is not a retailer or seller. Deals are issued and paid by
the manufacturer of the advertised product. 9.3. Deals may not be
sold, copied, modified, or transferred. A Deal has no cash value.
Offers good while supplies last. Void where restricted or prohibited
by law.
Taxes
10.1. The user is required to pay any applicable sales tax related
to use of the Deal. When Deals are redeemed, sales tax may be
charged on the undiscounted original price of the product.
Transactions involving Alcohol
11.1. You may have the option to order delivery of alcohol products
in some locations and from certain retailers. You agree that you
will comply with all applicable laws and not cause eButler, your
Personal Butler, or any retailer to contravene any applicable laws.
11.2. If you receive your delivery in the Republic of South Africa,
you agree that you are 18 years of age or older if you order alcohol
products. If you order alcohol products, you understand and
acknowledge that neither eButler nor Personal Butler can accept your
order of alcohol products, and the order will only be delivered if
the retailer accepts your order. 11.3. You agree that, upon delivery
of alcohol products, the recipient will provide valid
government-issued identification proving their age to the Personal
Butler delivering the alcohol products and that the recipient will
not be intoxicated when receiving delivery of such products. 11.4.
You agree that if any applicable legal requirements for the delivery
of alcohol are not met, eButler reserves the right to cancel the
alcohol-related portion of your order.
Third-party Products and Content
12.1. You agree that eButler does not assume responsibility for any
products, content, services, websites, advertisements, offers, or
information that is provided by third parties and made available
through our Services. If you purchase, use or access any such
products, content, services, advertisements, offers, or information
through the Services, you agree that you do so at your own risk and
that eButler will have no liability based on such purchase, use or
access.
Service provided “as is” and release of claims
13.1. The services are “as is “and “as available”. To the maximum
extent permitted by applicable by law, eButler disclaims all
representations and warranties, express, implied, or statutory,
including the implied warranties of merchantability, fitness for a
particular purpose and non-infringement. 13.2. In addition, eButler
makes no representation, warranty or guarantee regarding the
reliability, timeliness, quality, suitability or availability of
other services, any services provided by Personal Butlers or third
party providers, or goods requested through the use of services from
retailers, or that services will be uninterrupted or error free.
eButler does not guarantee the quality, suitability, safety or
ability of Personal Butlers, third party providers, or retailers.
You agree that the entire risk arising out of your use of any
services, provided by Personal Butlers or third party providers or
any products requested by you or delivered to you, remains solely
with you. 13.3. You agree that neither eButler nor its affiliates,
brand partners, licensors, or suppliers is responsible for the
conduct or any conduct of any Personal Butler or third party
providers. Neither eButler nor its affiliates, brand partners,
licensors, or suppliers will be liable for any claim, injury or any
damage arising in connection with the acts or omissions of any
Personal Butler third party providers. 13.4. If you have a dispute
with one or more Personal Butlers or Third Party Providers, you
agree to release eButler (including our affiliates, and each of our
respective officers, directors, employees, agents, shareholders,
brand partners, licensors, and suppliers) from any claims, demands
and damages of every kind and nature, known and unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any
way connected to such disputes. 13.5. Furthermore, you expressly
waive any rights you may have under the consumer Protection Act.
13.6. In no event shall eButler (Including our affiliates and our
respective officers, directors, employees, agents, shareholders,
retail partners, licensors and suppliers) be liable for any
incidental, special, punitive, consequential, or indirect damages
(including but not limited to, damages for deletion, corruption,
loss of data, loss of programs, failure to store any information or
other content maintained or transmitted by the services, service
interruptions, or for the cost of procurement of substitute
services) arising out of or in connection with the services, or
these terms, however arising including negligence, even if we our
agents or representatives know or have been advised of the
possibility of such damages. 13.7. eButler (Including our affiliates
and our respective officers, directors, employees, agents,
shareholders, retail partners, licensors and suppliers) will not be
liable for any indirect, special, punitive, incidental, special,
punitive, consequential damages in Law (Including but not limited to
physical damages, bodily injury, death and / or emotional distress
and discomfort) arising out of any use of the services, any services
provided by Personal Butlers or third party, providers, or any
products requested by you or any products requested by you or
delivered to you, even if we or our agents or representatives know
or have been advised of the possibility of such damages. 13.8.This
provision applies to the maximum extent permitted by law.
14.1. You agree to defend, indemnify and hold harmless eButler and
its officers, directors, employees, agents and affiliates (each, an
"Indemnified Party") from and against any losses, claims, actions,
costs, damages, penalties, fines and expenses, including without
limitation attorneys' and experts’ fees and expenses, that may be
incurred by an Indemnified Party arising out of, relating to or
resulting from your unauthorised use of the Services or from any
br/each by you of these Terms, including without limitation any
actual or alleged violation of any law, rule or regulation.
Disputes & Arbitration
15.1. If you have a dispute with eButler arising out of your use of
the Services, this Section 8 applies. You agree to contact us first
and attempt to work out any such dispute amicably. 15.2. For
residents of the South Africa, you agree to the following mandatory
arbitration provisions. 15.3. If we’re unable to work out a solution
amicably, both you and eButler agree to resolve any disputes arising
out of your use of the Services or these Terms through binding
arbitration or small claims court. 15.4.The user reserves the right
to lodge a claim with the national consumer commission.
Class action waiver:
16.1. To the extent permissible by law, all claims must be br/ought
in the party’s individual capacity and not as a plaintiff or class
member in any purported class, collective action”). 16.2. The
arbitrator may not consolidate more than one person’s claims or
engage in any class arbitration. 16.3. You agree that by entering
into these terms, you are waiving the right to participate in a
class action. 16.4. Opt-out of Mandatory Arbitration: You can
decline this mandatory arbitration provision within 30 days of
accepting these Terms by emailing us at info@ebutler.co.za with your
first and last name and stating your intent to opt-out of the
arbitration provision. Note that opting out of this arbitration
provision does not affect any other part of these Terms, including
the provisions regarding controlling law or in which courts any
disputes must be brought.
Termination
17.1. You can stop using the Services at any time and without notice
to us. Similarly, we may terminate access to the Services to you or
any other users or stop offering the Service at any time without
notice. In the event of Termination, Section 1 and Sections 4-15
survive and continue to apply to you.
Controlling Law
18.1. These Terms will be governed, interpreted and implemented in
accordance with the laws of South Africa.
Entire Agreement & Severability
19.1. These Terms, subject to any amendments, modifications, or
additional agreements you enter into with eButler, shall constitute
the entire agreement between you and eButler with respect to the
Services and any use of the Services. If any provision of these
Terms is found to be invalid by a court competent jurisdiction, that
provision only will be limited to the minimum extent necessary and
the remaining provisions will remain in full force and effect.
No Waiver
20.1. eButler’s failure to monitor or enforce a provision of these
Terms does not constitute a waiver of its right to do so in the
future with respect to that provision, any other provision, or these
Terms as a whole.
Returns & Refunds
21.1. If you are for any reason dissatisfied with any item
purchased, you may contact eButler within 24 hours of purchase for a
full refund, replacement or exchange, provided you have the original
tax invoice, and it is in a saleable condition. Please note that
items purchased on our sale are subject to a separate returns
policy. Please email customer service at jerry@ebutler.africa
Assignment
22.1. You may not assign any of your rights, licenses, or
obligations under these Terms. Any such attempt at assignment by you
shall be void. eButler may assign its rights, licenses, and
obligations under these Terms without limitation.
Changes to the Terms
23.1. We may make changes to these Terms from time to time. When we
do so, we will post the most current version of the Terms on our
website and, if a revision to the Terms is material, we will notify
you of the new Terms (for example, by email or a notification on our
Services). Changes to these terms will not apply retroactively. If
you do not agree to the modified terms, you should discontinue your
use of the Services.
Copyright Policy
24.1. eButler respects the intellectual property rights of others
and has implemented a copyright policy in accordance with the
Copyright Act 98 of 1978 and other relevant laws. eButler will
respond to valid notices of copyright infringement and reserves the
right to terminate any users, at our sole discretion and without
notice, who repeatedly infringe copyrights or other intellectual
property rights of others. 24.2. If you believe any content posted
or made available on the eButler Services constitutes infringement
of your copyright rights, you may send a written notice of
infringement to eButler’s designated Copyright Agent using the
contact information listed below. In your notice, please specify the
nature of the copyright infringement and include the following
information: 24.2.1. an electronic or physical signature of the
owner of the copyright in question or a person authorized to act on
behalf of the owner of the copyright; 24.2.2. a description of the
claimed infringing material as well as identification of the claimed
infringing material, including the location of such material on the
eButler Services (e.g., the URL of the claimed infringing material
if applicable or other means by which we may locate the material);
24.2.3. complete contact information, including the name of the
owner of the copyright and your name, title, address, telephone
number, and email address; 24.2.4. a statement that you have a good
faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law; and 24.2.5. a statement,
made under penalty of perjury, that the information provided in your
notice is accurate and that you are the copyright owner or
authorised to act on behalf of the owner.
General Promotional Terms & Conditions
The following specific terms and conditions (our "General
Promotional Terms & Conditions") govern Your participation in
Promotional Offers in respect of the Service and form part of Your
Agreement as set out in the Terms. To the extent there is any
inconsistency between the Terms and any of these General Promotional
Terms & Conditions, then the Terms shall prevail. Ensure to check
Campaigns specific Terms & Conditions before participating in an
promotions.
1. By participating in promotions, participants agree to
be bound by these and promotional specific Terms and Conditions
which are in conjunction with eButler.co.za normal full rules, Terms
and Conditions.
2. We may at our absolute discretion restrict who
may enter into promotions for any reason.
3. Employees of the promoter, any advertising agency or web company connected  with the promoter or any such person's subsidiary or associated companies, agents or members of their families or households, are not eligible
to participate in promotions. The promoter reserves the right to
verify the eligibility of all participants.
4. Unless otherwise indicated in the Promotion Communication, participation in each Promotion is open to consumers from any of Our Partner br/ands
platforms but is limited to one per person, family, household,
address or organisation to whom We send the Promotion Communication.
We reserve the right to restrict participation in certain Promotions
to players who fulfil specific selection criteria. Where a
Promotion Communication permits multiple participants, We reserve
the right, in Our sole discretion, to limit the number of
participants.
5. Unless otherwise indicated in the Promotion Communication, it is intended for the addressed recipient or category of recipient only and cannot be transferred. If You are not the intended recipient or within the intended category of recipient
then the offer is null and void.
6. Any participant found to be operating multiple accounts in promotions will be in br/each of these and general account terms and the promoter will determine at its sole discretion by whatever means it deems necessary to establish if different entries or accounts are connected to the same
person. Bonus offers are limited to one bonus per person, household
and/or computer, and/or payment method unless otherwise stated.
7. Participants, whether individually or acting in a group, will be
found to be in br/each of these and promotional specific terms if
the promoter at its sole discretion has reason to believe that a
promotion has been abused, manipulated, or that irregular,
fraudulent, collusive or illegal activity has occurred.
8. By participating in promotions, participants consent to the use of
their name, screen-name, image, photographs, winning sums, given
social media name and geographical location for advertising,
promotional and news purposes without additional compensation,
except where prohibited by law.
9. In respect of promotions requiring no physical participant attendance, the promoter and any its legal representatives, affiliates, subsidiaries, agencies and
their respective officers, directors, employees and agents, shall be
held harmless and be indemnified for any loss or disappointment
suffered by any participant taking part in promotions.
10. In respect of promotions requiring participant attendance (for example
a holiday, trip, or venue entry), the promoter and any of its legal
representatives, affiliates, subsidiaries, agencies and their
respective officers, directors, employees and agents shall be held
harmless and be indemnified for any damage, loss, injury or
disappointment caused to or by any participant taking part in
promotions or a winner when taking a prize. Nothing in these Terms
and Conditions shall operate to exclude liability for death or
personal injury resulting from the promoter's negligence.
11. In the event of any br/each of these or promotional specific terms and
conditions or a participant being ineligible to participate in a
promotion, the promoter reserves the right to take such action as it
deems appropriate and in its absolute discretion, including but not
limited to account, disqualification from the promotion, reclamation
of prizes or deals granted, refusing entry into all future
promotions, and withholding associated winnings.
12. The decision of the promoter in all promotional matters is final and no
correspondence will be entered into. The promoter reserves the right
to withhold promotional benefits until resolution of any dispute.
13. Events may occur that result in the promoter extending,
refusing, reclaiming, cancelling, terminating, modifying or
suspending a promotion, these terms and/or the awarding of prize(s)
at any point and for any reason. These may be due to a third party's
illegal activity, technical difficulties and/or any other reasons
beyond the control of the promoter and accordingly the entrant
agrees that the promoter shall have no liability as a result
thereof.
14. The promoter disclaims any liability for inaccurate information, whether caused by the website, user's equipment used in a promotion, or by human or technical errors related to the submission of entries. The promoter and its agents accept no responsibility for the failure of any third parties to fulfil their
contractual obligations in relation to a promotion.
15. The promoter and its agents accept no responsibility for the failure of any third
parties to fulfil their contractual obligations in relation to a promotion.