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PLEASE NOTE: By using this Website you are indicating your acceptance to be bound by the terms and conditions set out herein, and as may be amended from time to time.
Introduction
Welcome to the NIBBLE Esports’ website (“the Website”). The Website is provided and maintained by NIBBLE Esports and its affiliated companies (“NIBBLE Esports”) for public use and information. Use of this Website and any sale and/or purchase of NIBBLE Esports products shall at all times be subject to these terms and conditions of use. By accessing and using this Website, and placing orders through this Website, you consent to these terms and conditions of use. These terms and conditions of use may be changed in the future without further notice. Your continued use of this Website constitutes your acceptance of any such amended and/or new terms and conditions.
The Website incorporates the NIBBLE Esports online shopping website or platform. Unless the context indicates otherwise, references to the Website are deemed to include the NIBBLE Esports online shopping Website. Purchases made from the Website are subject to these terms and conditions, to the exclusion of all other terms. By shopping or browsing on this Website, you acknowledge that you have read, understood and agreed to be bound by these terms and conditions, and the other policies displayed on this Website.
Privacy
NIBBLE Esports is committed to protecting your rights of privacy and will not use or disclose any legally privileged personal information to third parties other than as set out in NIBBLE Esports’ Online and Electronic Privacy Statement (“the Policy”). You are referred to the Policy for the detail of NIBBLE Esports’ policy in this regard. Please note that NIBBLE Esports may use your email address submitted in connection with your messages or communications and other contact information which was submitted by you in order to communicate with you, for executing transactions and for billing purposes. We may send you information, special offers and advertising by email. If you do not wish to receive such information, you may unsubscribe from this service.
You do not have to provide us with your personal information to access and use this Website. The online shopping facility provided through this Website however will require registration and the provision of certain personal information.
Any communication or material transmitted to the Website by electronic mail will be treated as non-confidential and non-proprietary by NIBBLE Esports. Any communication sent by NIBBLE Esports through means provided by this Website must be treated as confidential and intended solely for use by the recipient.
Terms and Conditions of Use
Proprietary Rights and Information
Trade marks, brands and logos displayed on this Website are the property of NIBBLE Esports or are licensed to NIBBLE Esports and may not be used without the prior written consent of NIBBLE Esports or another entity which may own such trade marks, brands or logos.
The content of this Website, which may include images, photographs, text and video clips, is subject to copyright law. Any unauthorised reproduction thereof or any part thereof is prohibited. You may download or print the content of this Website or any part thereof for your own private and non-commercial use, provided that you do not remove or change any trade mark, copyright or other proprietary work, or distort, mutilate or change the proprietary rights and information in a manner detrimental to NIBBLE Esports.
Registration and Online Shopping
Purchases made from the Website require registration by completing the registration section.
To register on the Website, you will be required to provide certain information including personal details, credit/payment card details and your delivery address, which address must be located within a delivery area as specified by NIBBLE Esports from time to time. When registering, you will be required to choose a user name password. Your user name and password must be entered each time you wish to make an online purchase. Please keep your user name and password secret. NIBBLE Esports accepts no liability for any damages suffered or losses incurred from the use or misuse of your password.
Prices, Product Sales and Availability
All products displayed on this Website are subject to availability and will be delivered only within the Republic of South Africa in areas designated by NIBBLE Esports.
In the event of a particular product not being available, we will contact you to suggest an alternative product. You are then entitled to accept the alternative(s) or such items as can be correctly delivered, or cancel your order. Prices quoted are per bottle or per case, as indicated.
NIBBLE Esports reserves the right to change prices and to add or discontinue products offered on this Website without prior notice.
Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations.
Confirmation of Orders
Orders placed on the Website constitute your offer to purchase subject to these terms and conditions.
An order shall be complete on confirmation of receipt of payment by NIBBLE Esports when:
On completion of your order, NIBBLE Esports shall indicate our acceptance of such order by confirmation email, at which point an agreement of sale is concluded between you and NIBBLE Esports.
NIBBLE Esports reserves the right to:
In either event, NIBBLE Esports shall not be liable for any losses or damages suffered by the customer as a result of such refusal or cancellation and shall only be liable to refund monies already paid by the customer.
NIBBLE Esports shall take all reasonable efforts to maintain correct prices on the Website. However, should errors occur and items are offered at incorrect prices, we will not be obliged to sell goods at such incorrect prices and any liability on our part shall be limited to a refund of monies already paid by the customer.
Returns
Your satisfaction is our main priority. If, for any reason, you are dissatisfied with the quality of our products, please contact us and return the products at your cost within 7 (seven) days of delivery of your order.
If the products were indeed faulty in any respect when delivered to you, we will issue a replacement, or refund you the price of the products, as well as the cost of delivery to return the ] products to NIBBLE Esports, within 30 (thirty) days from receipt of returned products.
You will be deemed to have accepted the order should you not return the products within the 7 (seven) day period referred to above.
Unfortunately, we cannot replace or refund you for any case where the products do not meet personal preference.
You are more than welcome to contact us for any advice on selection prior to purchase.
Cancellation
Without prejudice to any other rights or remedies in law, NIBBLE Esports shall be entitled to cancel forthwith any sale and/or your registration should you breach any of these terms and conditions.
You may only cancel your order within 24 (twenty four) hours of placing the order.
An order is cancelled once you have notified NIBBLE Esports and have received our confirmation of receipt of your cancellation notice.
If you have already paid for your order and have also received an e-mail notifying you that your order has already been shipped, NIBBLE Esports reserve the right to charge a deduction rate equal to 10% of the purchase retail price for administration expenses.
Records of Transactions
Customers may access a full record of their transaction/purchase history via logging into their account on our Website. Records shall be maintained for a period of 12 (twelve) months on our Website.
Risk and Ownership
Risk in the products shall pass to you upon delivery at the nominate delivery address or to the person accepting delivery on your behalf. Until payment is received in full for any products, ownership in the products shall remain with NIBBLE Esports and such products shall be returned and/or surrendered to NIBBLE Esports following receipt of a default notice from NIBBLE Esports.
Security
NIBBLE Esports will endeavour to ensure that your user name, password, personal information and Card details are protected. Please bear in mind that transactions through the internet are not secure. NIBBLE Esports does not guarantee the security of any information transmitted to it or which NIBBLE Esports transmits to you. You indemnify NIBBLE Esports and hold NIBBLE Esports harmless against any loss or damage suffered or liability incurred arising from your failure to keep your account details (including user names and passwords) secure.
Disclaimer
The information on this Website is intended for general information purposes only. While NIBBLE Esports endeavours to ensure that the information provided is accurate and complete it does not guarantee the accuracy, reliability or completeness of any information published on this Website.
Your use of the Website is at your own risk. NIBBLE Esports shall not be held responsible for any claim, loss, injury or damage, whether direct or indirect, arising out of the use of this Website and/or goods and/or services available from or through this Website. NIBBLE Esports does not warrant that this Website or the server that makes this Website available is free of viruses or other harmful components.
NIBBLE Esports shall not be liable for any negligent act or omission of any of its officers, employees or agents arising from the use of this Website.
To the extent permissible pursuant to applicable law, NIBBLE Esports disclaim all warranties of any kind, either express or implied, including but not limited to fitness of our products for a particular purpose. No oral or written information provided by us shall create a warranty, nor shall you rely on any such information or advice.
Links
Our Website may provide links to other Websites operated by third parties. The inclusion of any link to such websites does not imply endorsement by NIBBLE Esports of the websites, their content or accuracy, or of the goods or services offered on such websites. Your linking to any such other websites occurs at your own risk.
You may not establish a link to this Website from a third party website, without prior written consent of NIBBLE Esports.
Enforceability
Each provision of these terms and conditions shall be severable from the other terms and conditions. Should any provision be found invalid or unenforceable, the remaining provisions of these terms and conditions shall nonetheless remain binding and continue to apply.
Jurisdiction
These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of South Africa in respect of any dispute arising in connection with your use of this Website, or these terms and conditions or any matter related to or in connection therewith.
Variation
NIBBLE Esports may, in its sole discretion, change these terms and conditions or any part thereof at any time without notice. However, the terms and conditions published here at the time when a specific order is placed will govern that specific order and all matters incidental to the specific order, notwithstanding any amendments which NIBBLE Esports may subsequently make to these terms and conditions.
Information Disclosure
The following in information is disclosed in terms of section 43 of the Electronic Communications and Transactions Act (ECTA), 25 of 2002:
Competitions
1. These are the standard terms and conditions for competitions conducted or promoted by or in association with the NIBBLE Esports (“NIBBLE”). Competition specific rules may apply in addition to these standard terms and conditions to supplement these standard terms and conditions. In the event of a conflict between these standard terms and conditions and any competition specific rules, the competition specific rules will apply.
2. Your entry into the competition and/or your acceptance of a prize (in the event that you win a prize) constitutes your binding acceptance of the terms and conditions on behalf of yourself and any person with whom you may share a prize (in the event that you win a prize which is for you and one or more additional persons (“your partner”).
3. The competition is not open to:
3.1. directors, members, partners, agents, employees or consultants of the NIBBLE of companies or any supplier of goods or services in connection with a competition; and
3.2. the spouse, life partner, business partner or associate, or the natural or adopted parent, child, or sibling, of any of the persons specified in above.
4. You may not participate in or win a competition if you have won a competition promoted by us within the past three months, unless:
4.1. The price is a ticket to attend an event, in which case the waiting period will be one month; or
4.2. The competition specific rules state otherwise.
5. If you use a mobile phone for entry into the competition, the telephone calls / text messages you make will be charged at the prevailing rates, which may vary from time to time. “Free” minutes under a cell-phone contract do not apply.
6. It is your responsibility to ensure that your entry is received by us prior to the closure of the competition. Any entries which are not received by us prior to the closure of the competition will not be eligible to participate, regardless of the reason for the late entry. We and our affiliates are not responsible for any entries which are not received by us, whether timeously or at all, regardless of the cause thereof. Without limitation, we and our affiliates are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer hardware or software failure or malfunction, traffic congestion (whether physical, or on the Internet, telephone lines or at any service provider, web site or other device or medium), or any combination thereof, or any other technical or other problems.
7. We and our affiliates are not responsible for any injury or damage to your or any other person’s computer, mobile telephone or other device used by you to enter into, or obtain any materials related to, the competition.
8. It is your responsibility to ensure that any information which you provide to us is accurate, complete and up to date. Should any of the data provided by yourself in connection with this Competition, or any of NIBBLE’s other Promotional Competitions, prove to be invalid, inaccurate, false or misleading, your entry shall be disregarded and you shall be prohibited from entering any further NIBBLE Promotional Competitions for a set period to be determined by NIBBLE.
9. Any costs or expenses which you may incur other than in respect of those items specifically included in a prize are for your own account. NIBBLE will not be responsible for any costs or expenses which you, or your partner (if applicable), incur during and for purposes of your entry into the competition and your acceptance and/or use of a prize.
10. We do not make any representations or give any warranties, whether expressly or implicitly, as to a prize, and in particular, but without limitation, make no representations and give no warranty that –
10.1. your entry or participation in the competition will necessarily result in you winning a prize;
10.2. a prize, or any aspect thereof, will meet your, or, if applicable, your partner’s, requirements, preferences, standards or expectations; or
10.3. a prize, or any aspect thereof, will be satisfactory, punctual, free from defects, safe or reliable.
11. We and our affiliates will not be responsible for any harm, damage, loss or claim relating to the provision of any element of a prize or any changes to a prize that may be made at any time.
12. Prizes are not transferable and may not be deferred, changed or exchanged for cash or any other item.
13. You may not win a prize if it is unlawful for us to supply such a prize to you. If you do win such a prize, you will forfeit it.
14. You must possess whatever documents and permissions that may be required in order to accept and use a prize, including, as regards international travel, a valid passport and all necessary visa and travel documentation, which documents and permissions it is your responsibility to obtain at your own cost, and which documents and permissions must remain valid in such minimum form and for such minimum period after the prize date as may be required by the relevant authorities. Your passport should have a validity of a minimum of six months following your return and have at least three blank pages.
15. The winners will be notified by means of the contact details provided to us. If we are, or a third party supplier is, unable to contact a winner within 30 days or if the winner is unable to collect the prize within 60 days, the winner will forfeit the prize and NIBBLE reserves the right to re-draw a new winner under the same conditions.
16. We may invite you to be present when the prize winners are determined or announced, to participate in any of our marketing activities, to appear in person in the electronic media and/or the print media, and/or to endorse, promote or advertise any of our goods or services, for which no fee, royalty or other compensation will be payable. You may decline such an invitation.
17. We may require you to provide us with such additional information and documentation as we may reasonably require in order to process, confirm and facilitate your acceptance and/or use of a prize. If you refuse to provide us with the requested information or documentation, you will forfeit the prize.
18. In the event that you win a prize provided by a third party supplier, the supplier will contact you to arrange the collection thereof. In this regard, you must collect the prize at the time and date arranged with the supplier of the prize. All correspondence regarding the prize must be directed at the supplier of the prize. NIBBLE will not be responsible for any further correspondence, harm, damage, loss or claim relating to the provision of any element of the prize.
19. We and our third party suppliers, as the case may be, reserve the right to vary, postpone, suspend, or cancel the competition and any prizes, or any aspect thereof, without notice at any time, for any reason which we deem necessary. In the event of such variation, postponement, suspension or cancellation, you agree to waive any rights, interests and expectations that you may have in terms of this competition and acknowledge that you will have no recourse against us, our affiliates and third party suppliers.
20. You agree that your participation in the competition, and your acceptance and/or use of a prize, or any aspect thereof, is at your own risk.
21. We and our affiliates will not be responsible, and disclaim all liability, for any loss, liability, injury, expense or damage (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, which is suffered by your participation in the competition or the acceptance and/or use by you, or your partner (if applicable), of any prize, or by any action taken by us or any of our affiliates in accordance with the terms and conditions.
22. You, and in the event of your death, your family, dependants, heirs, assignees or any other beneficiaries of your estate, indemnify and hold us and our affiliates harmless against any claim by you, or your partner (if applicable), (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any injury, loss, liability, expense and/or damage which you may suffer, howsoever arising, in relation to your entry into this competition and/or acceptance and/or use by you of a prize.
23. You acknowledge that the acceptance and use of a prize is subject to the proviso that –
23.1. all of the terms and conditions will apply to both you and your partner (if applicable), and you will ensure that your partner agrees to be bound and complies, and will continue to comply, therewith;
23.2. you will take full responsibility for your partner;
23.3. you indemnify and hold us and our affiliates harmless against any claim by your partner or any third party in the event that your partner suffers any loss or damage pursuant to your partner’s acceptance and/or use of a prize;
23.4. any minor will be accompanied by a parent or legal guardian.
24. If you fail or, if your partner (if applicable) fails, to comply with any of the terms and conditions, then without prejudice to any other remedy which we may have, –
24.1. you will be automatically disqualified and you will forfeit the prize/s (in the event that you have already won a prize);
24.2. you will pay us for any loss or damage incurred by us directly or indirectly as a result of your (or, if applicable, your partner’s) non-compliance, including all of our legal costs (including attorney and own client costs) which we may incur in taking any steps pursuant to your (or your partner’s) non-compliance; and
24.3. you indemnify and hold us and our affiliates harmless against any claim by any person, (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any death, injury, loss and/or damage which may be suffered howsoever arising in relation to your failure (or that of your partner, if applicable) to comply therewith.
25. For purposes hereof, “affiliate” means our partners, co promoters and sponsors of this competition, our subsidiaries, our and their subsidiaries and respective holding companies, the subsidiaries of their holding companies, and our and their directors, officers, employees, agents and representatives.
26. These terms and conditions will be construed, interpreted and enforced in accordance with the laws of contract and dispute resolution in the Republic of South Africa
27. NIBBLE and the judges’ decision on any matter concerning the competition and/or arising out of these terms and conditions is final and binding on you, and no correspondence will be entered into.
28. Data Privacy
NIBBLE and the competition sponsor(s) will be considered co-responsible parties (co-controllers) in terms of POPIA. Personal Information will not be shared with any third party and will only be used to fulfil requirements of the competition and marketing by both parties, subject to your data subject rights as set out in our Privacy Notice.
Information will only be kept as stated in the Privacy Notice (for NIBBLE), visit the sponsor’s website for more information regarding their information practices.
To opt-out from additional information, use the webform available on the Privacy Notice.
