Terms of Use: Website

Version 2: 10 April 2024

1. General

1.1  These Terms and Conditions (“Terms of Use ”)  govern the usage of the website at www.deepsouthdistillery.co.za (“the website”).

1.2  The owner of the website (“the distillery”, “we”, “us” or “our”)  is  Deep South Distillery (Pty) Ltd,  registration  2016/216669/07, with registered address at 52 Heron Park, Wildevoelvlei Rd, Kommetjie, Cape Town, South Africa.

1.3 The terms of use are the general legal terms of the relationship between you, the visitor (“you”) and us, and govern the relationship between you,  and us in respect of your use of the website.

1.4  If you continue to access, browse and use this website you agree to comply with, and be bound by, the terms of use which together with our Privacy Policy and our Terms and Conditions of Salegovern Deep South Distillery’s relationship with you in relation to this website.

2. Your legal capacity 

2.1  You confirm that you are of legal age in your country of residence and have the legal right and capacity to visit the website and to agree to the terms of use.

2.2 The website contains content relating to the manufacture  and sale of alcohol, and you need to be of legal age in order to access this information.  You may not use the website from locations where the content or purchase of the products sold on the website is illegal.

3.3 Further, the legal age for the purchase, sale and consumption of alcohol in South Africa is 18 years old.

3. Your use of the website

3.1 Limited licence to use. We grant you a limited licence to use the website based on the terms of use.  We may cancel that right at any time for any reason. If you breach any of the terms of use we may block you from using the website, claim specific performance or damages against you and take any other steps the law allows, without affecting our rights.

3.2 Legal and permitted use only. You will only use the website legally and for the purpose of communicating with or doing business with us. You may not copy, download, reproduce, republish, frame, broadcast, transmit in any manner whatsoever, any material on the website except as is strictly necessary for your own personal, non-commercial use, unless Deep South Distillery has, in writing, agreed otherwise.

3.3 Restriction on expression. You will not make expressions on the website that are racist, sexist or vulgar or which amount to defamation or to hate speech.

3.4 Promotions and Competitions. Deep South Distillery may, from time to time, run promotions or competitions and, in such cases, the use of the website and the terms of use must be read in conjunction with any additional terms and conditions that may be specified as part such promotions or competitions.

3.5 Online sales. The terms of use include, and must be read in conjunction with, the terms and conditions of our  Terms and Conditions of Sale and you will be deemed to have read and accepted our Terms and Conditions of Sale when purchasing our services and/or products.

4. Privacy

4.1 The terms of use include, and must be read in conjunction with, the terms of our Privacy Policy.

4.2  While we have security measures in place to protect the security, privacy and integrity of our website, we cannot be held responsible for privacy and security breaches occurring on the electronic device your use to browse the website, arising from inadequate virus protection, malware or spyware that may exist on your device.

4.3  You may visit the Website without providing any personal information. However, the website collects technical information to measure  the performance of the web site and the behaviour of visitors, such as number of visits, average time spent on the website, pages viewed and IP addresses. We do not attempt to link this information to your personal information but use it to improve the content and security of the website. We assume no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.

4.4 Where you choose to share personal contact information or financial information with us for the purposes of communicating or transacting with us, we undertake to use it only for the purposes for which it was provided,  to protect and safeguard this information to the best of our ability, and not to use it or disclose it with third parties unless required to do so by law.  In particular, we will not distribute or sell such information to third parties.

5. Copyright and Intellectual Property Rights

5.1 Ownership: All content displayed on and comprising this website, including without limitation, works, images, pictures, videos, documents, fonts, designs, layouts, functions and software (collectively “the content”) is the property of Deep South Distillery or its content suppliers, and is protected by national and international copyright and other intellectual property laws.

5.2 Third party Content:  Where we have licensed content from third parties or use content by agreement, then ownership and  copyright of such intellectual property remains the property of  the third-party.   Deep South Distillery has no control of and accepts no responsibility for any content found within any third party sites that may be linked to this website.

5.3 Fair Usage: You may not access, display, use, download, and/or otherwise copy or distribute content obtained on the website for marketing and other purposes without our written consent. You may refer to, link to, comment on, review, and otherwise reference material from external locations, including personal or business web sites or social media platforms provided that such use is not done by copying content.  You may share, comment on, like, or otherwise interact with the website using features on the website that have been placed for that purpose.  

5.4 Right of Use Where you share or post information not of a personal nature on our website or other online sites and social media such as comments, opinions, reviews, posts, images or videos, you do so freely and without reserve, and you shall have no claim and retain no copyright over such information.   By sharing such information, you further grant us the rights, free of any consideration, to use, delete or distribute such information without notice in any way we choose, save that we may elect, at our discretion, to cite or acknowledge your contribution.

5.5 Indemnity In sharing or posting  such information, you warrant that you are entitled to do so, and that the information does not contravene the rights of any third party.  Further, you indemnify Deep South Distillery against any claims of any third party whose rights have been infringed as a result of your sharing or posting such information.

6. Limitation of liability

6.1  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.

6.2  Neither we nor any third parties provide any warranty or guarantee as to the availability, accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

6.3  We reserve the right to make any changes to the website, its content, or to products and/or services offered through the website at any time and without notice. We retain and reserve all rights in and to the content .

6.4  Neither we nor any of our stakeholders, 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.

6.5  It is your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

6.6  This website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s), which shall be governed by their respective terms and conditions.

7. Governing Law & Jurisdiction

7.1  This website is controlled, operated and administered by us from its offices within the Republic of South Africa. 

7.2  These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the Cape Town High Court in the event of any dispute.

7.3  Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

7.4  Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page on this website shall be prosecuted and civil damages shall be claimed in the event that Deep South Distillery suffers any damage or loss.

7.5  If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.

8. Updating of these Terms and Conditions

8.1  We reserve the right  to change, modify, add or remove from portions or the whole of these Terms and Conditions without  notice.

8.2 Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is your obligation to check these Terms and Conditions at the Website for changes or updates. By continuing to use this Website following the posting of changes or updates you agree to abide by and be bound by these Terms and Conditions, including such changes or updates.

9. Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below.

  • E-mail: admin@deepsouthdistillery.co.za
  • Telephone +27 21 7830129  (Office Hours)

If you believe that any information on this site is incorrect or incomplete, contact us as soon as possible. We will endeavour to correct any information found to be incorrect.