TERMS & CONDITIONS

  Agreement:

  1. By making use of the Socialite website (www.socialite.capetown) you (“the user”) agree to the following Terms and Conditions. Should you not agree to these terms and conditions do not make use of the Socialite website.
  2. Definitions:
    • “Socialite ” – website owned and operated by Socialite Loyalty (Pty) Ltd;
    • “user” or “you” – is a legal person who makes use of the Socialite website and services;
    • “Merchant” – Seller of the goods/services;
    • “Microsite” – auxiliary website which is supplementary to our main website.
  3. General:
    • Socialite provides its users with online access to purchase a membership to Socialite which will allows for discounts at a selection of Merchants.
    • The right to use the Socialite Membership is personal to you and is not transferable to any other person or entity.
    • You are responsible for any equipment required for the use of the Socialite website. Any telephone, computer hardware and other equipment needed and any/all charges related to this shall lie solely with you. Socialite shall not be liable for any/all damages to equipment resulting from making use of Socialite website.
    • Access to the Socialite service is made available to you on a single user basis.
    • The Terms and Conditions can be amended at any time by Socialite without prior notice to you. You can access the terms and condition on the Socialite website at any time.
  4. R500 Meal Voucher

    • The winner is randomly selected from the subscriber data-base on the last work day of every month.
    • The winner will be announced on the monthly newsletter on the first work day of every month and contacted via the winning email address selected.
    • The meal voucher must be used at one of the merchant partners listed on the Socialite website (socialite.capetown)
    • The meal voucher will only be honoured if a reservation is made by Socialite on the winner’s behalf.
    • The reservation must be made through Socialite using the number provided – 021 551 1945
    • The meal voucher must be used within the validity period printed on the voucher (1 calendar month) Failure to claim a meal voucher within this time will result in forfeiture.
    • Prizes are non–transferable and there is no cash alternative
    • The voucher may not be used in conjunction with a Socialite Membership
    • The voucher will only be valid upon presentation of the printed voucher.
    • Reservation cancelations must be made 24hours in advance.
  5. Registration of your details:
    • In order to make purchases on the Socialite website you will have to register with Socialite. Once you have completed the registration process you will have a username and password. You agree that any and all information provided by you to Socialite is true, accurate, current and complete information. If you provide any information that is untrue, inaccurate, not current or incomplete or Socialite has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete then Socialite reserves the right in its sole discretion to terminate your account.
  6. Commencement of membership:
    • Upon acceptance of your registration by Socialite, The socialite service can be used once you receive your membership card (should you not receive your membership card within 30 days you must inform us; if you do not inform us we will assume you have received your membership card).
  7. Lost or Stolen Membership Cards
    • If you report your membership card as lost you will be liable to pay for a replacement membership card for which an administration cost of R100.00 will be charged.
  8. Ownership of products:
    • All membership cards, remain the property of Socialite at all times. Socialite Membership may not be ceded to another person unless done in accordance with applicable law, you are further prohibited from duplicating or selling your socialite membership unless done in accordance with applicable law;
  1. Participating Merchants and use of your Socialite Card:
    • On presentation of your Socialite Card, participating restaurant Merchants will offer 25% (Monday to Thursday) off your total bill and 20% (Friday to Sunday) off your total bill and all other participating Merchants will offer 25% off your total bill throughout their trading hours, the relevant Merchant may have additional terms and conditions regarding the offer (e.g. only valid for entrance) – please check the desired Merchant page on the Socialite site for these additional terms and conditions.
    • One Socialite card is redeemable per table/visit for up to 4 people.
    • Not valid for special events or theme nights
    • The Socialite Card has a one use limit per month per merchant and excludes, takeaways, corkage fees or B.Y.O
    • Your Socialite Card is not valid on public holidays, Valentine’s Day, Mother’s Day & Father’s Day  
    • Your Socialite Card is not valid between 15 December and 10 January.
    • Offers advertised on our site are only available to members who present a Socialite Card. Such offers are not available in conjunction with any other promotions, offers, discounts, loyalty programs, employee reward programs or special menu offerings.
    • The expiry date of each Socialite Card will vary and will always be checked at each restaurant. Expired Socialite cards are not accepted by participating Merchants.
    • We will use reasonable endeavours to update our site to show the particulars of participating Merchants and any additional terms. Participating merchants may, however, be entitled to withdraw from Socialite or to change the terms and conditions of their offer after you have become a member and we shall have no liability for any such withdrawals or changes in terms and conditions or availability.
    • Socialite members will have the benefit of any additional Merchants which join Socialite at a later date and any increase in availability of participating Merchants.
  2. Conduct:
    • When using the Socialite you shall not post or send to or from Socialite any material:
      • for which you have not obtained all necessary consents;
      • that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to any local laws;
      • which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
      • which is aimed at soliciting users of Socialite to become users of other on-or offline services which are directly or potentially competitive with Socialite.
  1. Copyright and Trademarks:
    • All content of the Socialite website is the exclusive property or has been used with the expressed permission of the copyright/trademark owner.
    • You are prohibited from copying, adapting, editing, changing, transmitting, posting, linking, transforming, publishing, republishing, distributing, redistributing, broadcasting, rebroadcasting or showing or playing in public this website or the material on this website (in any form or media) without prior written permission from the copyright/trademark owner. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject the User to civil and / or criminal penalties.
    • By submitting material to any public area of this Website, you warrants that the owner of such material has expressly granted Socialite the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material.
    • your rights will be subject to the copyright/trademark policy of the owner of the copyright/trademark which has been licensed to Socialite.
  2. Limitation of Liability
    • Socialite will not be held liable for dealings user’s have with businesses which have advertisements on the Socialite website.
    • Save for Socialite being liable to you –
    • under the Consumer Protection Act 68 of 2008 (“CPA“) in relation to the Services it provides to you via the Website and, in those rare instances where Socialite is indicated as being the Coupon merchant, the Products so marketed and supplied to you by it; and
    • under sections 43(5) and 43(6) of the ECT Act in relation to Socialite payment systems not being sufficiently secure,
    • Socialite and it s representatives will not be liable to you or any third party for any indirect, consequential, incidental or punitive damages, including lost profits or lost data, injury, honour, dignity, goodwill, resulting from the use of the Socialite site content which you or any other person access through Socialite site.
    • Socialite will not be held liable for any non-performance caused by acts of God, war, internet or electrical power disruptions, acts or omissions of the other party, acts or omissions of any 3rd party or other acts or events of the Force Majeure under applicable Law.
    • Further you accept that:
      • You use you the Socialite service your own risk. The service which is provided by Socialite is done so on a “as is” basis and “as available” basis Socialite and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
      • Socialite and its subsidiaries, affiliates, officers, employees, agents,  partners and licensors make no warranty that:
      • The service will be uninterrupted, timely, secure or error-free;
      • The service will meet your requirements;
      • The results that may be obtained from the use of the service will be accurate or reliable
    • Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
    • Socialite and it’s subsidiaries , affiliates, officers, employees, agents, partners and licensors will not be held liable for any loss of profits, goodwill, use, data or other intangible loss even if Socialite has been notified of such possibility in the following instances:
      • The user’s inability to use the service;
      • Unauthorized access to your account resulting in the loss or damage as stated above. Socialite will not be held liable for users not being able to view their account due to reasons beyond Socialite control.
  1. Privacy:
    • Socialite has a requirement to collect and use certain personal information in order to operate. As permitted by the ECT Act, this website may use personal information collected to compile profiles for statistical purposes and trade in these profiles. No information contained in the profiles or statistics will be able to be linked to any specific user.
    • Except for the instance mentioned above any information which you have provided to Socialite which is considered non-public will be treated as confidential and will only be divulged in the following instances:
      • If you have given us written permission to disclose such non-public information.
      • Such information will be disclosed in order to comply with a court order or government agency.
      • Non-public information may be shared with credit bureaus in order to determine credit history and in order to verify information on your account.
      • Any suspicious behaviour on account.
    • We maintain physical, electronic, and procedural safeguards to help prevent unauthorised access to your personal information. We update and test our technology frequently to improve these protections and to ensure the integrity of your personal information.
    • Socialite has policies and procedures that limit employee access to your personal information to those with a business reason to have such information.
  2. Indemnification:
    • Socialite will not be held liable for any claim or demand including reasonable attorneys fee’s made by you or any third party due to or arising from violation of rights of another, your use of service, your connection to service, your violation of terms and conditions.
  3. Termination:
    • Socialite will terminate your account in the following instances:
      • If such termination is requested by you, in an instance such as this you will have to give written consent to close account
      • If it is so ordered by a Law enforcement or government agency;
      • If there has been fraudulent or illegal activity on such account;
      • If the terms and conditions have not been adhered to;
      • Deleting your password and any relevant information on your account;
      • You accept that any account which Socialite deems necessary to terminate will be at Socialite discretion and Socialite will not be held liable by any other party due to account being terminated.
  1. Jurisdiction:
    • This terms and conditions will be Governed and construed in accordance with the applicable laws governing the Republic of South Africa.
    • The user agrees that any legal action to arise out of this agreement will be the jurisdiction of the magistrate’s court as determined by the Magistrates Court act 32 of 1944, however, Socialite reserves the right at its sole discretion to institute legal action against the sender in any competent court which may have jurisdiction entertain such action.
  2. Severability:
    • All provisions and the various clauses of this Agreement are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision or clause of this Agreement which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions and clauses of this Agreement shall remain of full force and effect. The Parties declare that it is their intention that this Agreement would be executed without such unenforceable provision if they were aware of such unenforceability at the time of execution hereof.
  3. Assignment:
    • Neither this Agreement nor any part, share or interest herein nor any rights or obligations hereunder may be ceded, delegated or assigned by you without the prior written consent of Socialite, save as otherwise provided herein.
  4. Whole Agreement
    • This Agreement constitutes the whole of the agreement between the Parties relating to the matters dealt with herein.