Pass Holder (Pty) Ltd. (PASS Holder/ Winelands PASS) has established the Winelands PASS Scheme to promote businesses within the Cape Winelands district.
Winelands PASS has established terms with businesses in the Cape Winelands district in which they become partners (Partners) in the Winelands PASS Scheme.
The Winelands PASS Scheme permits its Partners to offer discounts on the goods and services which they provide (Offers) by means of Offer voucher passes (PASSES) issued by Winelands PASS. Persons who are in possession of a valid PASS are referred to as PASS-Holders.
Each PASS issued by Winelands PASS is valid for a period of one day (Day PASS) or one week (Week PASS) or one month (Month PASS) or one year (Year PASS) and the website contains details of all discounts being offered by Winelands PASS Scheme Partners for the period of validity of the PASS.
Acceptance of Offers by PASS-Holders and provision of goods and/or services by Partners:
Each Offer may be accepted by any PASS-Holder by presenting to the Partner who is responsible for the Offer a valid PASS (either by presentation of an electronic copy held on a device or by means of presentation of a printed copy). On the acceptance by any PASS-Holder of any Offer that Offer will constitute a binding and legally enforceable contract between the Partner and the PASS-Holder. Following acceptance of the Offer the Partner will be legally obliged to supply to the PASS-Holder the goods and/or services which are the subject of the Offer.
Winelands PASS shall not be responsible for the provision to any PASS-Holder of any goods or services which are the subject of any Offer. Each Offer is an Offer which is made by the relevant Partner to all persons who are PASS-Holders in relation to the Winelands PASS Scheme during the period in which the Offer is in force. Winelands PASS is acting as the agent of its PASS-Holders for the sole purpose of communicating to them the terms of the Offers. Winelands PASS does not have any liability in relation to any act or omission by any Partner in relation to any PASS-Holder.
The sole obligation of Winelands PASS to the PASS-Holder shall be the notification to the PASS-holder of any Offer which is notified to Winelands PASS in accordance with the provisions of its Winelands PASS Scheme Partner Terms and Conditions. These Terms and Conditions permit Scheme Partners to amend or withdraw Offers from the Winelands PASS Scheme upon submitting to Winelands PASS an Offer Amendment/Withdrawal form. Although every effort will be made by Winelands PASS to process all Offer Amendment/Withdrawal forms received by it from Scheme Partners Winelands PASS shall not have any liability to the PASS-Holder in the event of any delay or inadvertent failure on the part of Winelands PASS to process the terms of any Offer Amendment / Withdrawal form.
Winelands PASS shall not have any liability to the PASS-Holder in relation to any loss or damage caused by any act or omission of any of the Winelands PASS Scheme Partner.
The PASS-Holder acknowledges and confirms that it has read and understood the Winelands PASS Scheme FAQs at https://winelandspass.co.za/faq/ and undertakes that the PASS-Holder will perform and abide by all obligations and procedures required to be performed and observed by the PASS-Holders which are set out in the FAQs.
General provisions:
These Terms and Conditions contain the entire agreement between the parties and supersede all prior arrangements and understandings. The Partner acknowledges that no representations have been made to it by Winelands PASS or any of its directors, officers, employees or agents.
These Terms and Conditions shall not be deemed to constitute a partnership or joint venture between the parties and may be amended or varied at any time by Winelands PASS each such amendment or variation to take effect upon the date these Terms and Conditions are amended or varied.
These Terms and Conditions shall be governed and construed in accordance with the laws of South Africa the courts of which shall be courts of competent jurisdiction.
Winelands PASS Partners:
Pass Holder (Pty) Ltd. (PASS Holder/ Winelands PASS) has established the Winelands PASS Scheme in with the sole purpose to promote businesses within the Cape Winelands.
Winelands PASS offers businesses within the Cape Winelands district the opportunity of becoming a Partner (Partner) in the Winelands PASS Scheme upon the following terms and conditions.
Membership of the Scheme:
Membership of the Winelands PASS Scheme does not cost its Partners anything. Partners in the Winelands PASS Scheme are able to offer discounts on the goods and services which they provide (Offers) by means of Offer voucher passes (PASSES) issued by Winelands PASS.
Each Partner is free to decide upon the terms of any discount which it offers. Partners can specify the dates and times of availability of their Offers. Partners can limit the scope of any Offer to specific goods or services. Partners can specify a minimum expenditure requirement in relation to any Offer in order to trigger a discount entitlement. Winelands PASS Scheme Partners are entitled to issue more than one Offer at any time.
Each Pass issued by Winelands PASS is valid for a period of one day (Day PASS) or one week (Week PASS) or one month (Month PASS) or one year (Year PASS) and will contain the URL to details of all discounts being offered by Winelands PASS Scheme Partners for the period of validity of the PASS. Persons who are in possession of a valid PASS are referred to as PASS-Holders.
Notification to Winelands PASS of Partner Offers and amendment/withdrawal of Offers:
Partners may notify Winelands PASS of Offers by completing the Partner sign up form. This will be processed by Winelands PASS within 48 hours of receipt at which point the Offer will be available to all PASS-Holders.
Partners wishing to withdraw or amend any Offer may do so by giving Winelands PASS notice in the form of the attached Offer Amendment/Withdrawal form. This will be processed by Winelands PASS within 48 hours of receipt. The amendment of any Offer will take place 48 hours from receipt. The withdrawal of any Offer will not take effect until 30 days after the date the Offer Amendment/Withdrawal form is processed.
Right to use name logo photographs likenesses:
Each Partner agrees that Winelands PASS shall have the right to use the name and logo of the Partner in connection with the promotion of the Winelands PASS Scheme in printed material and electronic material. Winelands PASS shall also have the right to use in any medium by any means in connection with the promotion of the Winelands PASS Scheme any marketing material provided by the Partner to Winelands PASS including without limitation all photographs and the names and likenesses of all persons appearing in any such marketing material or photographs without infringing any right of copyright or right of privacy or right of publicity or any other right whatsoever.
Responsibility for and acceptance of the Offer:
Winelands PASS shall not be responsible for the provision to any PASS-Holder of any goods or services which are the subject of any Offer. Each Offer is an Offer which is made by the Partner to all persons who are PASS-Holders in relation to the Winelands PASS Scheme during the period in which the Offer is in force. Winelands PASS is acting as the agent of its PASS-Holders for the sole purpose of communicating to them the terms of the Offers. Winelands PASS does not have any liability in relation to any act or omission by any PASS-Holder in relation to the Partner or the Partner’s business.
Each Offer is capable of being accepted by any PASS-Holder by presenting a valid PASS (either by presentation of an electronic copy held on a device or by means of presentation of a printed copy). On the acceptance by any PASS-Holder of any Offer that Offer will constitute a binding and legally enforceable contract between the Partner and the PASS-Holder. Following acceptance of the Offer the Partner will be legally obliged to supply to the PASS-Holder the goods and/or services which are the subject of the Offer.
The Partner acknowledges and confirms that it has read and understood the Winelands PASS Scheme FAQs at the URL https://winelandspass.co.za/faq and undertakes that the Partner will perform and abide by all obligations and procedures set out in the FAQs.
The sole obligation of Winelands PASS to the Partner shall be the inclusion in the Winelands PASS Scheme of any Offer which is notified to Winelands PASS in accordance with the provisions of these Terms and Conditions. Winelands PASS shall not have any liability to the Partner in the event of any delay or inadvertent failure on the part of Winelands PASS to comply with the provisions of this paragraph 12.
Winelands PASS shall not have any liability to the Partner in relation to any loss or damage to its business or personnel or the withdrawal by Winelands PASS of any Offer from the Winelands PASS Scheme.
Winelands PASS shall have the right to withdraw the Offer at any time from the Winelands PASS Scheme and shall not be obliged to notify the Partner of any specific reason for such withdrawal.
General provisions:
The Partner undertakes to indemnify Winelands PASS and to keep Winelands PASS at all times fully indemnified from and against all actions proceedings claims demands costs (including without prejudice to the generality of this provision the legal costs of Winelands PASS on a solicitor and own client basis) awards and damages however arising directly or indirectly as a result of any breach or non-performance by the Partner of any of the Partner’s undertakings warranties or obligations under these terms and conditions.
These Terms and Conditions contain the entire agreement between the parties and supersede all prior arrangements and understandings. The Partner acknowledges that no representations have been made to it by Winelands PASS or any of its directors, officers, employees or agents.
These Terms and Conditions shall not be deemed to constitute a partnership or joint venture between the parties and may be amended or varied at any time by Winelands PASS each such amendment or variation to take effect upon the date these Terms and Conditions are amended or varied.
These Terms and Conditions shall be governed and construed in accordance with the laws of South Africa the courts of which shall be courts of competent jurisdiction.
TERMS AND CONDITIONS
Detailed description of goods and/or services
Winelands PASS is a business in the Tourism and Hospitality industry that is a voucher-based platform.
Delivery policy:
Subject to availability and receipt of payment, requests will be processed within 1 day and delivery confirmed by way electronic mail.
Return and Refunds policy:
The provision of goods and services by Winelands PASS is subject to availability. In cases of unavailability, Winelands PASS will refund the client in full within 30 days.
Customer Privacy policy:
Winelands PASS shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from:
http://www.lawsofsouthafrica.up.ac.za/index.php/current-legislation.
Payment options accepted:
Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the Winelands PASS bank account, the details of which will be provided on request.
Card acquiring and security:
Card transactions will be acquired for Winelands PASS via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
Customer details separate from card details:
Customer details will be stored by Winelands PASS separately from card details which are entered by the client on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za.
Merchant Outlet country and transaction currency:
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
Responsibility:
Winelands PASS takes responsibility for all aspects relating to the transaction including sale of goods and services sold, customer service and support, dispute resolution and delivery of goods.
Country of domicile:
This website is governed by the laws of South Africa and Winelands PASS chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature (20 Dirkie Uys Street Franschhoek 7690).
Variation:
Winelands PASS may, in its sole discretion, change this agreement or any part thereof at any time without notice.
Company information:
This website is run by PASS Holder (Pty) based in South Africa trading as Winelands PASS and with registration number 2021 / 745079 / 07 and OOSTHUIZEN, IZAK JOHANNES as Director.
Winelands PASS contact details:
Company Physical Address: 20 Dirkie Uys Street Franschhoek 7690
Email: info@winelandspass.co.za Telephone: +27 21 300 2128
