TERMS OF SERVICE

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING OUR WEBSITE OR OUR MOBILE APPLICATIONS.

This Customer Agreement (the "Agreement") is an agreement between you and Ultra Liquors, or its affiliates that states the terms and conditions under which you may use our website (the "Site"), our mobile applications (each an "App") (the Site and Apps are collectively, "Platform") and receive our service, which includes processing and delivery (or arranging for delivery) of product orders (the "Ultra Liquors Service"). Your use of the Ultra Liquors Service and the Platform constitutes your agreement to the terms and conditions set forth below. If you do not agree with all of the terms and conditions, do not use the Platform or the Ultra Liquors Service.

Ultra Liquors Satisfaction Guarantee

All of our products and services are backed by a 100% customer satisfaction guarantee. If you are dissatisfied for any reason, contact us via e-mail. For grocery or perishable products, you have up to seven (7) days after delivery, or until the expiration date printed on the product — whichever is earlier — to contact us about the products. For frozen products, you have up to twenty-one (21) days after delivery to contact us about the products. We may require the return of the product with which you are dissatisfied before we substitute an acceptable item or issue a credit voucher.

1. Our Service - Managing Your Orders

1.1. Ordering through the Platform.

Orders must be received before posted cut off times for a given delivery (see delivery of products below for details). Available delivery date and time windows and associated delivery fees and promotions will be shown during the ordering process. Delivery timeslots are available on a first-come first-served basis. Note that modified orders are subject to price changes and a change of a delivery date may not guarantee the availability of your desired items.

1.2. Price, Availability and Substitutions.

If we have an item that's very similar to the item you ordered, we reserve the right to make item substitutions. If we are unable to fulfil your entire order with the items you order or appropriate substitutions, we will use reasonable efforts to contact you prior to delivery (which may include notice in your confirmation email). Once you complete checkout, your price, or price per kilogram (when applicable), is guaranteed unless you placed an order for an item where we have inadvertently listed an incorrect price. In those circumstances, we reserve the right to cancel undelivered orders for such incorrectly priced products; we will contact you immediately in such circumstances, and, of course, your payment method will not be charged. Please note: we reserve the right to limit your order or the quantity of a particular product that you may order.

1.3. Delivery Fee.

A delivery fee may be added to your order. Any such fee is not a gratuity for the delivery personnel who delivers or is otherwise involved with the delivery of your order and will not be given to any such delivery personnel as a gratuity.

1.4. Tip.

It is not compulsory to tip the driver of your order but you may choose to do so at your own discretion.

1.5. Variable Weight Orders.

Because many perishable items are individually prepared for you, the per-item price you see in your shopping cart for variable weight items is based on an estimated weight. The final price of these variable weight items will be based on the same price per kilogram indicated at time of checkout, but the actual price charged is determined once we have prepared and weighed your order, and that actual price will appear on the invoice issued to you on the day of your delivery.

1.6. Minimum Purchase.

Your order may be subject to minimum purchase order total, not including taxes, delivery fees, and surcharges.

1.7. Cancellations.

We do not accept any cancellations of orders.

2. Our Service - Payment

2.1. Credit/Debit Card Payment.

We may execute an amount for authorization or temporary charge on your card to verify the validity of your account and that the information you provided to us is correct. This authorization does not cost you anything and under most circumstances will expire in a few days (debit card authorizations typically expire in 1 to 2 days depending on your bank's rules). If you experienced trouble enrolling, you may see multiple authorizations. These multiple charges will expire in a few days.

2.2. Card Authorization and Estimated Costs.

Your card will be charged for your order on the day your order is delivered. Since certain perishables are priced by variable weight and the actual price is not known until we have prepared and weighed your order, we require a Card authorization for up to 125% of the estimated cost of perishables, but only charge you the actual cost that is determined after preparing and weighing your actual items. In addition, we will authorize your Card for an amount equal to 100% of the total of the non-perishable items in your order. We will not process an order that attempts to use an incorrect, expired, or over-the-credit limit Card. We will make reasonable efforts to contact you if this occurs. However, in the event such an order is processed, we reserve the right to collect funds for any uncollected transaction charges or fees owed to it. We may charge a fee per order should a payment made via Card be declined resulting in the need for alternate payment or exception processing. If you fail to pay any fees or charges when due, including but not limited to returned checks, rejected electronic payments, redelivery fees or restocking fees, Ultra Liquors may charge such amount directly to the Card identified in your Customer Account and we may suspend or terminate your access to the Ultra Liquors Service. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that we may incur in its efforts to collect any unpaid balances from you. Your right to use the Ultra Liquors Service is subject to limits established by Ultra Liquors and/or by your Card issuer.

2.3. Checking Account Payment.

To be eligible to pay for your order from a checking account: (1) you must have received, paid for, and settled at least one prior order; (2) there must be a valid Card identified in your Customer Account; and (3) your customer account must be in good standing. We do not accept paper checks.

2.4. Your checking account payment.

Will be processed after your order has been prepared and weighed. We will not process orders that use an incorrect or overdrawn checking account. We will use reasonable efforts to contact you if this occurs. However, in the event such an order is processed, we reserve the right to collect funds for any uncollected transactions owed to it. We will automatically attempt to process checking account payments twice. If the first request is declined, we may charge a fee per order to cover the cost of exception processing. If the second request is declined, we will charge a bounced check fee. Additionally, in the event that sufficient funds are not available in your checking account, we will charge the full amount of the order to your Card identified in your Customer Account Information.

2.5. Payment failure.

If you fail to pay any fees or charges when due or if a redelivery fee or restocking fee is imposed, we may charge such amount directly to the Card identified in your Customer Account and may suspend or terminate your access to the Ultra Liquors Service. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that we may incur in its efforts to collect any unpaid balances from you. Your right to use the Ultra Liquors Service is subject to limits established by us and/or by your bank. We reserves the right to remove the online check payment option from any account for any reason at any time.

2.6. Electronic benefits.

We have limited capability to accept electronic benefits. We do not accept paper checks or third party or manufacturer's coupons (electronic or paper) through the Platform; however, certain discounts may be available on the Platform from time to time.

2.7. Payment options accepted.

Payment may be made via Visa and MasterCard.

2.8. Card acquiring and security.

Card transactions will be acquired for Ultra Liquors via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. 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 Paygate's website to view their security certificate and security policy.

2.9. Customer details separate from card details.

Customer details will be stored by Ultra Liquors separately from card details which are entered by the client on PayGate's secure site.

2.10. 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).

2.11. Responsibility.

Ultra Liquors takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

2.12. Country of domicile.

This website is governed by the laws of South Africa and Ultra Liquors 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.

2.13. Variation.

Ultra Liquors may, in its sole discretion, change this agreement or any part thereof at any time without notice.

2.14. Ultra Liquors Contact Details

Company Physical Address: 67 Roscommon Road, Cnr Dundalk Road, Parkview, Johannesburg
Email: headoffice@ultraliquors.co.za
Telephone: 0800 00 44 14

3.Our Service - Delivery

3.1. Delivery of Products

To maintain the integrity of products after delivery, we recommend that you immediately refrigerate or freeze perishable items. Frozen items must immediately be placed in a freezer. In an effort to meet the committed delivery times for all of our customers, our delivery personnel cannot wait for an inspection of the items delivered.

3.2. Delivery Requirements

To receive delivery, you must live in a residential apartment or home and you or an authorized representative must be present to receive your order from our delivery personnel during your selected delivery window. The authorized representative can accept your goods when you are not present at the time you had selected for delivery and shall accept the goods under all of the same terms and conditions that would apply had you accepted the delivery yourself. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. If you, your doorman, and your authorized representative are not present during your selected delivery window, we will use commercially reasonable efforts to contact you and reschedule delivery (a R49 redelivery fee may apply) for the same day. In such case, if we are unable to redeliver the order to you for any reason, the order will be cancelled and you will be charged a cancellation fee as described above.

3.3. Unattended Delivery

In certain areas, we may offer unattended delivery. If available in your area, this option is contained in the "Delivery" section of "Your Account" on our Platform. If you select the unattended delivery option, you, and not Ultra Liquors, are solely responsible for products that are left at your delivery location.

3.4. Limits and Adjustments to Delivery

We deliver case sizes of a variety of different goods, including but not limited to laundry detergents and beverages. Given the heavy weight of some of these products, and our concern for the health and safety of our personnel, we have purchase limits on a variety of these items on our Platform. Additionally, in the interest of the health and safety of our personnel, in non-elevator buildings, the highest floor we can deliver to is the 5th floor and with orders containing 3 cases or more of beverages or other heavy items, we cannot deliver above the 4th floor. In the event of a non-functioning elevator, the preceding delivery restrictions apply. Our technology cannot and does not enforce these limits. We ask you to abide by these service limitations, as we the reserve the right to limit a delivery when an order exceeds these limitations.

3.5. Invoices

You will receive an email invoice the day of your delivery. All of your order invoices are available in the "Your Account" section of our Platform. If something is missing from your order, please contact our Customer Service department via our Customer Inquiry e-mail form.

3.6. Inclement Weather and Unforeseen Delivery Complications

In the case of inclement weather or unforeseen delivery complications, it may be necessary to make adjustments to our delivery schedule which will cause us to suspend chosen delivery dates and times. If there will be a significant delay in delivering your order, a customer service representative may call or e-mail you to let you know the status of your delivery time. We will attempt to deliver your order as quickly as possible when the conditions permit. We will never deliver an order past 12:30 AM without your consent. If your designated delivery location (e.g. street closure) or day is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location and/or date to make the delivery.

3.7. Tips

Drivers are allowed to accept tips. Customers are under no obligation to tip drivers but have the option of doing so if exceptional service is provided by the driver.

4. Purchase of Alcoholic Beverages

4.1. You may not legally order any alcoholic beverages unless you are at least eighteen (18) years of age. Furthermore, you may not purchase alcoholic beverages for anyone who is under the age of eighteen (18). The person receiving delivery must present identification and proof of age at the time of delivery, and is required to sign an acknowledgment to release the order to receive alcoholic beverages. We reserve the right to refuse service, terminate accounts, remove alcoholic beverages, or cancel orders in its sole discretion. Alcoholic beverages may be removed from your cart during the checkout process if your service area is not eligible for delivery of alcoholic beverages. We reserve the right not to deliver alcoholic beverages to certain buildings.

4.2. Third-Party Information Providers and Merchants. The Ultra Liquors Service may permit you to order and receive products, information, and services from businesses that are not owned or operated by us. In such instances, we act only as the link between you and such businesses. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services, or information ordered or received from such businesses are covered by their customer agreement and policies and solely between you and such businesses. We make no representations or warranties of any kind, express or implied, regarding the merchandise, services, or information received from such third parties and the fact that we make such products, information, and services available should not be construed as an endorsement of the businesses or the products, services, and information they provide.

5. Access to the Ultra Liquors Service

5.1. Email address and Passwords.

Access to the Platform is accomplished by creating an account through the use of an email address and a password that you choose upon registration. You are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your email address and password and all use or charges incurred from use of the Ultra Liquors Service with your password. You agree to notify us promptly of any unauthorized use of your password and you will remain liable for any use of the Platform or the Ultra Liquors Service until you notify us.

5.2. Your Account.

You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your account to access the Ultra Liquors Service. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, e-mail address, and authorized representative for your order. You can update your information in the "Your Account" area on our Platform or contact our Customer Service department. Please do not send Card or other payment information via email. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to us, and accept responsibility for all activities that occur under your account or password. You will comply with all laws applicable to your activities on the Platform and with this Agreement.

5.3. Corrections.

If you would like to update or correct information previously provided to us, please send an e-mail with your new information, or you can update your account information yourself by going to "Your Account" on the Platform. Please do not send credit card or other payment information via email.

5.4. Privacy Policy.

Please review our Privacy Policy, which also governs your visit to the Platform and use of the Ultra Liquors Service, to understand our practices.

6. Warranty Disclaimer; Limitation of Liability; Indemnification

6.1. You expressly agree that use of the Ultra Liquors service, the platform, and the internet is entirely at your own risk. The Ultra Liquors service, the platform, and its contents are provided on an "as is," "as available" basis. To the extent permitted by applicable law, Ultra Liquors disclaims all representations and warranties of any kind, whether express or implied, including, without limitation, the warranties of merchantability or fitness for a particular purpose, with respect to the Ultra Liquors service, the platform, or its contents or with respect to any information, services, and products provided through or in connection with the Ultra Liquors service; we do not adopt any representation or warranty of any manufacturer or merchant of any such information, service, or products. Ultra Liquors makes no representations or warranties of any kind as to the availability, reliability, correctness, accuracy, content, or otherwise of any information, services, or products obtained through the platform or the Ultra Liquors services. Ultra Liquors does not warrant that the functions provided by the platform will be uninterrupted or error free, that defects will be corrected, or that this platform or the server that makes it available is free from viruses or other harmful components.

6.2. Neither Ultra Liquors nor any of its directors, employees, shareholders, affiliates, agents, representatives, joint venture parties, independent contractors, third-party information providers, merchants, or licensors (collectively, " Ultra Liquors parties") shall be liable, in contract or in tort, for any damages of any kind, including, without limitation, compensatory, direct, indirect, special, incidental, consequential, or punitive damages; loss of data, income, or profit; or loss or damage to property, arising out of or in connection with the use of, or the inability to use, the platform, the Ultra Liquors service, or the internet. Ultra Liquors’ liability shall be limited to providing you with a refund for any product that is returned. Your sole and exclusive remedy hereunder shall be for you to discontinue your use of the Ultra Liquors service and to terminate this agreement. Ultra Liquors reserves the right to limit your order or the quantity of a specific product you may order. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential, incidental, special or special damages or of implied warranties, in such states and jurisdictions liability is limited to the greatest extent permitted by law.

6.3. The material in the Platform is provided for lawful purposes only. Ultra Liquors operates this Platform for use in specific jurisdictions where it provides its Services, and makes no representation that these materials are appropriate or available for use in other locations. If you use the Platform from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice and may vary geographically.

6.4. You agree to defend, indemnify, and hold Ultra Liquors Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, settlements and expenses, including attorney's fees, accounting fees, and costs, arising in connection with, resulting from, or alleged to result from, your use of the Platform or Contents, or violation of this Agreement by you or through use of your account.

7. Mandatory, Bilateral Arbitration.

7.1. Please read this carefully. It affects your rights. You and Ultra Liquors agree that any dispute, controversy or claim arising out of, or relating to, this agreement, the platform, or the Ultra Liquors service shall be resolved only by final and binding, bilateral arbitration or small claims court. However, just as a court would, the arbitrator must honour the terms and limitations in the agreement and can award damages and relief, including any attorneys' fees authorized by law. The arbitrator's decision and award is final and binding and judgment on the award may be entered in any court with jurisdiction. You agree that, by entering into this agreement, you and Ultra Liquors are each waiving the right to a trial by jury and the right to participate in a class action.

7.2. This agreement does not allow class arbitrations even if the procedures do. Rather, you and we are only entitled to pursue arbitration on an individual basis. Further, and unless you and Ultra Liquors agree otherwise in writing, the arbitrator may not consolidate more than one individual party's claims with any other party's claims, and may not otherwise preside over any form of a representative or collective proceeding.

7.3. Notwithstanding the foregoing, either party may bring an individual action in a small claims court for disputes or claims within the scope of such court's jurisdiction. This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

8. General Terms

8.1. Termination.

This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. We may suspend or terminate this Agreement or the Ultra Liquors Service or remove or disable access to any portion of the Ultra Liquors Service at any time for any reason with or without notice to you. You may terminate this Agreement and your Ultra Liquors Service at any time for any reason by delivering notice in the manner provided below, which termination will be effective the day notice is received or such later date specified in the notice. Ultra Liquors reserves the right to collect fees and charges incurred before you cancel your Ultra Liquors Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.

8.2. Notices.

Ultra Liquors may give notice to you of any change or any other communication related to this Agreement through a general posting on the Platform, by electronic mail, or by conventional mail to your address contained in the "Your Account" section of the Platform.

8.3. Entire Agreement.

This customer agreement, the platform terms of use, and the privacy policy referred to herein represent your entire agreement with Ultra Liquors regarding the use of the service and the platform. You agree that this agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, Ultra Liquors, and Ultra Liquors parties. If any portion of this agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. This agreement shall be governed by the laws of South Africa without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Ultra Liquors or relating in any way to your use of the service or the platform resides in the federal and state courts of South Africa and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in South Africa in connection with any such dispute, including any claim involving Ultra Liquors parties. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or it shall be barred.

8.4. Third-Party Beneficiaries.

The provisions of this Agreement are for the benefit of Ultra Liquors Parties, and each shall have the right to assert and enforce the provisions directly on their own behalf. This Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of this Agreement and your Ultra Liquors Service.

8.5. Amendment.

Ultra Liquors may amend this agreement at any time by posting the amended terms on our platform. All amended terms shall automatically be effective for orders placed after posting and seven days after they are initially posted on our platform for orders already placed. By using this platform after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current agreement to which you are bound. Additional terms for Ultra Liquors corporate services customers only this section applies to Ultra Liquors corporate services customers only; if any terms in this section are inconsistent with any terms above, the terms of this section shall apply with respect or corporate services customers. All other terms of the customer agreement, above, apply to corporate services customers.

9. Ultra Liquors Service

9.1. Ordering through the Platform.

Delivery is available on most non-holiday weekdays; check the Delivery Info page for exact delivery dates. Orders must be received before the posted cut off time for a given delivery. Available delivery date and time windows and associated delivery fees and promotions will be shown during the ordering process.

9.2. Delivery Requirements.

To receive delivery, your requested delivery destination must be in a residential/commercial building where Ultra Liquors is permitted to make deliveries and you or an authorized representative must be present to receive your order from drivers during your selected delivery window. Ultra Liquors reserves the right to limit deliveries to the lobby or main entrance of your residential/commercial building. The authorized representative can accept your goods when you are not present at the time you had selected for delivery and shall accept the goods under all of the same terms and conditions that would apply had you accepted the delivery yourself. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. If you and the authorized representative are not present during your selected delivery window, we will use commercially reasonable efforts to contact you and reschedule delivery for that day. In such case, if we are unable to redeliver the order to you for any reason, the order will be cancelled and you will be charged a restocking fee as described above.

10. Access to the Ultra Liquors Service

Access to the Ultra Liquors service is accomplished through the use of an email address and a password that will be issued to you upon registration. If you are a corporate services customer, before your registration is complete, Ultra Liquors may require verification of your address for delivery. You are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and all use or charges incurred from use of the Ultra Liquors service with your password. You agree to notify Ultra Liquors promptly of any unauthorized use of your password and you will remain liable for any use of the platform or ultra liquors service until you notify ultra liquors of the unauthorized use of your password.