Terms of service


Please read the following Terms of Service (“Terms”) carefully before proceeding to use the Coffee Capsules Direct (“We, Us, Our, Ourselves”) e-commerce platform (“Platform) which is hosted on Our Website (https://coffeecapsulesdirect.co.za/). By proceeding to use Our Platform You (“the User”) warrant that You have read and understood these Terms and agree to be bound by these Terms. Our Privacy Policy, available on Our Website, is incorporated by reference into these Terms and is subject to these Terms. We may amend these Terms at any time without notice. All amended Terms shall be effective automatically and immediately upon the posting of the revised Terms and any subsequent activity in relation to the Platform shall be governed by such amended Terms of Service. We encourage You to regularly visit Our Website to stay up to date with any updates to these Terms. 


If You do not agree with any of these Terms, please do not use Our Platform, alternatively contact info@coffeecapsulesdirect.com 

These Terms were last revised on 28/03/2022.  

1. DEFINITIONS

The following definitions apply to these Terms: 

1.1 “Applicable Data Protection Laws” shall mean all legislation, regulations or guidance notes in the Republic of South Africa protecting the fundamental rights and freedoms of individuals in respect of their right to privacy with respect to the Processing of Personal Data. This includes the Promotion of Access to Information Act, 2000 (“PAIA”) and the Protection of Personal Information Act, 2013 (“POPIA”).

1.2 “Blogs” shall mean information and content produced by Us or Third Parties and hosted on the Website under the Blog tab. These Blogs are for general information purposes only.

1.3 “Customers” shall mean Users who have visited the Website and transacted through the Platform for the purpose of purchasing Goods from Coffee Capsules Direct. 

1.4 “Consent” shall mean any voluntary, specific and informed expression of will in terms of which permission is given for the Processing of Personal Information.

1.5 “Chatbot” shall mean the automated chat service available on the Website for Users and Customers to obtain answers to frequently asked questions. 

1.6 “Data Subject” shall mean the person to whom Personal Information relates. 

1.7 “Electronic Signatures” shall mean data in electronic form which is attached to or logically associated with other data in electronic form and which is used by the signatory to sign, as defined in the Electronic Communications and Transactions Act, 2002.

1.8 “Goods” shall mean any products listed for sale on Our Website.

1.9 “Gift Vouchers” shall mean pre-purchased vouchers which may be purchased and redeemed at a later date by the holder of the voucher and in the amount for which the voucher was originally purchased and only in exchange for any Goods listed on the Platform. 

1.10 “Intellectual Property” shall mean copyrights, all rights conferred under statute, common law or equity in relation to all inventions (including patents), registered and unregistered trademarks, registered and unregistered designs, circuit layouts, trade secrets, and confidential information, and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields, including all rights to apply for any of the above.

1.11 "Main Delivery Centres" shall mean the cities within the Republic of South Africa which Our courier service providers can facilitate delivery at an express rate and timeframe. The cities are listed in Clause 9.4.3.

1.12 “Operator” shall mean a person who Processes Personal Information for a Responsible Party in terms of a contract or mandate, without coming under the direct authority of that party.

1.13 “Personal Information” shall mean information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to—

(a) information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;

(b) information relating to the education or the medical, financial, criminal or employment history of the person;

(c) any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;

(d) the biometric information of the person;

(e) the personal opinions, views or preferences of the person;

(f) correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;

(g) the views or opinions of another individual about the person; and

(h) the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.

1.14 “Platform” shall mean the e-commerce platform accessible on the Coffee Capsules Direct Website and through which Customers in South Africa may purchase the Goods.

1.15 “Process/Processing” shall mean any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use; dissemination by means of transmission, distribution or making available in any other form; or merging, linking, as well as restriction, degradation, erasure or destruction of information.

1.16 “Responsible Party” shall mean a public or private body or any other person which, alone or in conjunction with others, determines the purpose of and means for processing personal information. For the purposes of these Terms, Coffee Capsules Direct is the Responsible Party in respect of the Personal Information under its control.

1.17 “Terms” shall mean these Terms of Service relevant to the Platform.

1.18 “Third-Party/ies” shall mean a natural or legal person, public authority, agency or body other than the Data Subject, Controller, Processor and persons who, under the direct authority of the Controller or Processor, are authorized to Process Personal Data.

1.19 “User” shall mean You, the visitor to the Website.

1.20 “Website” shall mean the Coffee Capsules Direct Website which is available at https://coffeecapsulesdirect.co.za/ and owned and operated by Coffee Capsules Direct.  The Website Is host to various articles, news and Information as well as an e-commerce Platform. 

2. INTRODUCTION

2.1 Coffee Capsules Direct designs, develops, markets and sells coffee machine cleaning capsules and associated products. In additions We sell a variety of coffee related products including but not limited to, coffee capsules, coffee beans, ground coffee, tea capsules and syrups, collectively the Goods. 

2.2 Our Goods are marketed to South African citizens and are shipped locally within the borders of the Republic of South Africa. NONE OF OUR GOODS ADVERTISED ON THE WEBSITE ARE AVAILABLE FOR PURCHASE AND DELIVERY OUTSIDE THE BORDERS OF THE REPUBLIC OF SOUTH AFRICA.  

2.3 Our Goods are purchasable directly from Us through our e-commerce Platform which is integrated with Our Website located at https://coffeecapsulesdirect.co.za/

3. THE WEBSITE 

3.1 The Website is owned by Coffee Capsules Direct and is used by Us to keep You informed of Our Goods and provide further general information articles around Coffee Capsules Direct and related Goods. Our Website also has an e-commerce, competitions and chatbot functionality. Refer to the sections below for more information in this respect.

3.2 The Website is divided into the following Tabs:

3.2.1 Home Page:

The home page is the landing page You will see when first visiting the Website. From the home page You can navigate to other tabs to view Our product, where to purchase Our Goods etc.

3.2.2 Shop:

The Shop tab provides You with information concerning the Coffee Capsules Direct product line and Goods available for purchase on the Website. The shop tab allows Customers to add Goods to their cart which seamlessly integrates with the e-commerce Platform allowing Customers to complete their transaction and purchase the Goods. 

3.2.3 Blog Page:

The Blog tab features Blogs concerning Coffee Capsules Direct and Coffee Capsules Direct-related Goods that We believe will be of interest to You. Information contained in this tab does not constitute professional advice and is provided for general information purposes only.

3.2.4 About Us:

This page will introduce You to Our team and provides Our client testimonials.

3.2.5 Competitions:

This page allows Users to subscribe and enter monthly competitions. Our competitions are subject to their own terms relevant to a specific competition. Before subscribing to a competition, please read the applicable terms carefully. 

3.2.6 Contact Us:

The Contact Us tab provides You with information on how to contact Our offices as well as providing You with Our physical address.

3.3 Our Website provides information on competitions run by Coffee Capsules Direct.  The competition/promotion will be dealt with in accordance with Our Competition Terms, and South African legislation as it may apply. The competition terms are included in the description of each competition. We encourage You to read any competition terms thoroughly before participating In any competition. 

3.4 The Website is provided “as is” and is used at Your own risk. We cannot provide any express or implied warranty or condition of any kind in relation thereto. We also disclaim any warranties of merchantability, fitness for a particular purpose or non-infringement. Although We have the necessary security safeguards in place, We will have no responsibility, by Your use of the Website, for any harm suffered by Your computer system, loss or corruption of data, or other harm that results from Your access to or use of the Website, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any loss or damage of any kind, however arising and whether caused by negligence, breach of contract or otherwise, even if foreseeable.

4. USE OF THE WEBSITE

4.1 Your usage of the Website constitutes Your acceptance of these Terms and Your resultant obligations towards Coffee Capsules Direct, the owner of the Website. If You do not agree to these Terms, You are not authorized to use either the Website. You are encouraged to submit any questions regarding these Terms to info@coffecapsulescdirect.com. We encourage open communication with You in all respects concerning Your Personal Information or Your use of Our Website.

4.2 To the best of Our knowledge, We do not Process Personal Information of children and this Website is not intended for use by children. Therefore, by accessing these Terms and using either the Website, You warrant that You are over the age of 18 and have the legal capacity to accept these Terms Yourself or on behalf of any party You represent in connection with Your use of the Website. If You are under the age of 18 or if You are not legally permitted to enter into a binding agreement, then You may use the Website only with the involvement and supervision of Your parent or legal guardian. If Your parent or legal guardian supervises You and gives his/her Consent, then such person agrees to be bound to these Terms and to be liable and responsible for You and all Your obligations under these Terms. 

4.3 By accessing these Terms and using the Website, You warrant that You are the person to Whom the Personal Information relates, which information is collected through Your use of this Website.

4.4 By accessing and using the Website, You warrant that You have read, understood and accepted the terms in Our Privacy Policy, available on Our Website, and that You Consent to Our Processing Your Personal Information as per Our Privacy Policy.

4.5 You may not use the Website for any purpose that is unlawful or prohibited by these Terms, any applicable amended Terms, or any other conditions or notices that are made available on the Website. Unauthorized use of this Website may result in Coffee Capsules Direct instituting a claim for damages against You and/or You may be found guilty of a statutory and/or criminal offence.

4.6 You may terminate Your obligations under these Terms by ceasing use of the Website if You do not agree to the Terms or any alteration thereto. Your continued use of the Website after amended Terms are effective is evidence of the fact that You have read, understood, and agreed to those amended Terms.

4.7 Coffee Capsules Direct reserves the right to withdraw or amend the Website without notice.

4.8 Every effort is made to ensure that the Website is operational. However, We take no responsibility for, and will not be liable for, the Website being temporarily unavailable due to technical issues beyond Our control.

4.9 We make no warranty that access to the Website will be uninterrupted. We may carry out maintenance or introduce new facilities and functions from time to time. You agree and accept that as a result, specific interruptions, and unavailability of the Website and/or services may occur.

5. ELECTRONIC SIGNATURES

5.1 You agree to be bound by any affirmation, assent, communication or agreement that You transmit through the Website, including but not limited to any Consents You provide to Us:

5.1.1 In order to use the Website and/or Platform or any part thereof;

5.1.2 In order to purchase any Goods through the Platform;

5.1.3 In respect of any additional Website and/or Platform Terms; and/or

5.1.4 In order to receive communications from Us solely through electronic transmission. 

5.2 You have the right to withdraw Consent in respect of Our Processing Your Personal Information at any time. In order to action this right, please contact Us at info@coffeecapsulescdirect.com. You agree that, when in the future You click on “I agree,” “I Consent,” “Submit,” or other similarly worded “button” or entry field with Your mouse, keystroke or other computer device, Your agreement or Consent will be legally binding and enforceable and the legal equivalent of Your handwritten signature.

6. IMPERMISSIBLE USES

6.1 When using the Website, Users agree not to do any of the following:

6.1.1 Use the Website in any way, or to any effect, that is fraudulent or that breaches any law or regulation. See section 16 below for more information on accessing the Website from countries other than South Africa;

6.1.2 Use or transfer content on the Website that You do not have the right to use or transfer under Intellectual Property, confidentiality, privacy or other Applicable Data Protection Laws;

6.1.3 Use or transfer content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Website or servers or networks connected to the Website, or that infringes any requirements, procedures, policies or regulations of networks connected to the Website or breaches any Personal Information held by Us on the Website or breaches or interferes with any Personal Information of other Users, Customers or third-parties;

6.1.4 Use or attempt to use another’s Personal Information in any way that You are not authorized to under the Applicable Data Protection Laws, and/or without obtaining that other person’s Consent for such use;

6.1.5 To gain or attempt to gain unauthorized access to any part of the Website. This includes the use of any malicious or damaging software (such as viruses, trojans and worms) in order to gain or attempt to gain unauthorized access to any part of the Website;

6.1.6 Use any means to bypass any information security or other measures We use to restrict access or use of the Website for the purposes of ensuring the integrity and confidentiality if the Personal Information under Our control;

6.1.7 The POPIA requires Us to obtain Consent to Process Personal Information directly from the Data Subject to whom the Personal Information relates. You therefore, warrant that You will not impersonate another person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity. Should You use the Personal Information of another person, You warrant that You have obtained that person’s Consent to do so or that You are otherwise authorized to use the Personal Information by visiting and/or submitting such Personal Information through the Website;

6.1.8 Remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the Website;

6.1.9 Attempt to gain unauthorized access to the Website, computer systems or networks connected to the Website, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Website or any activities conducted through the Website;

6.1.10 Interfere with any other person’s use and enjoyment of the Website;

6.1.11 Use, remove or attempt to use or remove any copyright, trademark or any other Intellectual Property, whether registered or not, on the Website.

6.2 If You breach these Terms, Your permission to use the Website terminates immediately.

7. CHATBOT

7.1 By accessing and using the Website, You also have access to Our Chatbot, being a service application that enables You to interact with the Website via the Chatbot/assistant bot. Our Chatbot services are facilitated by Shopify and use of this Chatbot is exclusively designated for business use.

7.2 Our Chatbot contains various frequently asked questions together with automated predetermined replies. Should You continue to interact with the Chatbot functionality You may be directed to a Coffee Capsules Direct employee or representative. 

7.3 You are notified whether You are conversing with Our automated Chatbot or with a Coffee Capsules Direct employee or representative. Automated replies are marked as such under the reply whereas Coffee Capsules Direct employees or representatives will identify themselves as such. 

7.4 You warrant that You understand that the chatbot is a chat functionality and has certain limitations. Any recommendations or replies provided on the Chatbot is for general informational purposes and We expressly exclude any liability for any action taken by Yourself based on such recommendations or information. We make no promise that recommendations or information shared with You will result in unique or Your desired outcomes and We are not responsible for any decisions made by You or others with reference to direct or indirect impact from this Chatbot. The Chatbot is not a representative of any professional and/or Certified Advisor and/or Legal Practitioner.

8. LOGIN AND REGISTRATION FOR THE PLATFORM

8.1 Our e-commerce Platform is built on Shopify Inc, a trusted third-party e-commerce platform developer.  In order purchase any Goods from Us You are required to register as a new Customer or to sign in if You have previously registered as a Customer on the Platform. 

8.2 To register as a Customer, You confirm that you are a natural person over the age of 18. If You are under the age of 18 or if You are not legally permitted to enter into a binding agreement, then You may use the Platform only with the involvement and supervision of Your parent or legal guardian. If Your parent or legal guardian supervises You and gives his/her Consent, then such person agrees to be bound to these Terms and to be liable and responsible for You and all Your obligations under these Terms. 

8.3 We are entitled to but not compelled to request that you to provide documentary evidence, and/or any other information reasonably required to confirm your legal standing.

8.4 Registration and creation of an account requires completion of an application form including the submission of a valid email address.  We shall utilise the valid email address provided by You to confirm Your registration and communicate with You in respect of Your registration and orders placed. 

8.5 You are responsible for providing information in the application form that is true, accurate, up to date and complete at all times. Information found to be false and misleading may result in the suspension or termination of the account and a refusal for all current and future use of the Platform. 

8.6 By registering on the Platform, You agree to the following:

8.6.1 that you will not select or use a name or e-mail address of another person with the intent to impersonate that person; 

8.6.2 use a user name or e-mail address subject to the rights of any person without authorization; 

8.6.3 use a name in violation of the intellectual property rights of any person; or 

8.6.4 use a name that We, in Our sole discretion, deem inappropriate or offensive. 

8.7 You undertake not to disclose Your login credentials to any third party so as to ensure the security of the account. Security of the account is solely Your responsibility and Coffee Capsules Direct disclaims all liability with regard thereto. You are responsible for all activities (whether by You or by others) that occur under the account. 

8.8 We may require you to change the login credentials at various times and You agree that You will comply with such requests. 

8.9 You will notify Us immediately of any unauthorized use of the account or any other breach of security. We assume no liability for any loss or damage arising from any unauthorised use of Your password or account by a third party. 

8.10 In the event of the security of an account being compromised, We reserve the right to suspend the Processing of any Personal Information and may deactivate compromised login credentials. Any Customer accounts so deactivated shall be prevented from purchasing any Goods through the Website. We shall notify the owners of any such deactivated Customer accounts and the process for creating a new or updating and existing Customer account.   

8.11 You agree that you shall refrain from registering and creating accounts using “bots” or other automated means. 

9. TERMS FOR PURCHASING GOODS ON THE PLATFORM

9.1 The Platform facilitates online purchases of all Goods listed on the Platform.

9.2 Conclusion of a sale:

9.2.1 Registered Customers may order Goods on the Platform.  Our acceptance of such order is conditional upon receipt of Your payment for the Goods.  We do not accept any order for Goods before receipt of payment for the Goods in business bank account. 

9.2.2 Prior to delivery or Your collection of the Goods, You may cancel an order at any time provided such cancellation is requested before You receive a delivery notice from Our courier service provider.  Once the Goods are either under the control of Our courier service provider or have been successfully delivered to You, You may not cancel the order but may request a refund subject to the terms of Our Refund Policy

9.2.3 Placing Goods in either a wishlist or cart without completing the purchase and processing payment for the Goods does not constitute an order for such Goods.  The availability and price of any Goods left in the either the wishlist or cart may change without notice to You. We are not liable for any changes to the availability or price of Goods left in either the wishlist or cart. 

9.2.4 We endeavor to ensure all Goods listed on Our Platform are available for purchase at the price indicated on the Platform.  However, the availability and price of Goods is subject to the determinations of Our suppliers and manufacturers.  All Goods listed on Our Platform are subject to availability and price fluctuations which may occur without notice to You. 

9.2.5 Orders that have not been paid for within 5 days of placing the order will be cancelled automatically by our system.

 9.3 Payment Terms:

9.3.1 Our Platform is made available using Shopify Inc and payments are facilitated through secure online transactions with the use of third party payment gateways and other trusted intermediaries. We do not process any payments Ourselves

9.3.2 We provide for the following means of payment on the Platform:

(a) Payfast, a third-party payment gateway which provides for the secure payment from both VISA and Master Card debit and credit cards, instant EFT and Mobi-cred.  Any transaction processed through Payfast is conducted through the Payfast platform and is not processed by Us or Our Platform; 

(b) Zapper, a third-party payment gateway which requires the installation and use of the Zapper application; 

(c) Payflex, a third party payment gateway which provides for payment on installments;

(d) Pay on collection, which is available for local pick up of orders. Orders that were marked as "pay on collection" cannot be changed to delivery. Payment has to be settled in full on premises via card machine before collection of order can take place;

(e) Snapscan, a third-party payment gateway which requires the installation and use of the Snapscan application;

(f) A Gift Voucher, payment may be made through the redeeming of a valid, not expired, Coffee Capsules Direct Gift Voucher.  A Gift Voucher may only be redeemed for the value listed on the voucher.  Any excess amount owed is subject to payment through other means listed above. 

9.3.3 Once You have selected Your payment method through any of Our third party payment gateways, You will be directed to an external page from where payment may be securely made. 

 9.4 Delivery of Goods:

9.4.1 We offer two methods of delivery of Goods to you. You may elect delivery via:

(a) courier to any physical address within the Republic of South Africa; or

(b) self-collection at Our offices located at Unit 4, 15 Dawn Road, Montague Gardens, Cape Town,

9.4.2 Delivery fees are calculated according to a Main Delivery Centers locations and subject to a R700.00 threshold: 

9.4.2.1 Orders for Goods exceeding R700.00 and whose address is located wholly within a Main Delivery Centre is subject to free delivery;

9.4.2.2 Orders for Goods whose value does not exceed R700.00 and whose address is located wholly within a Main Delivery Centre is subject to a flat fee of R99.00 per delivery;

9.4.2.3 Deliveries to addresses not located wholly within a Main Delivery Center might be subject to additional fees.  These fees are only communicated to at completion of placing Your order and are subject to the charges by Our courier service provider.  We apologise for any inconvenience caused. 

9.4.3 The following South African cities are regarded as Main Delivery Centers - Cape Town, Johannesburg, Pretoria, Durban, Klerksdorp, Witbank, Rustenburg, Nelspruit, Polokwane, Bloemfontein, Pietermaritzburg, East London, Port Elizabeth, Stellenbosch, Paarl, George.

9.4.4 We deliver the Goods to You as soon as reasonably possible but cannot guarantee and make no warranty that We will meet any specific delivery date or time. Deliveries are only made on business days. Notwithstanding the aforementioned, deliveries - 

9.4.4.1 To Main Delivery Centers typically occurs within three business days from the date of purchase; 

9.4.4.2 To addresses outside the Main Delivery Centers typically occurs between five and seven business days from the date of purchase. 

9.4.5 Any collections of Goods from Our premises may only occur on business days and between the hours of 08:00 am and 16:30 pm.

9.4.6 Any failure to affect delivery or accept delivery outside Our control or that of Our courier service provider shall be returned to Our care.  Delivery of such Goods may be reattempted subject to an additional delivery fee payable by You.  Such causes of failure to affect delivery include, but are not limited to:

9.4.6.1 You providing us with an incorrect delivery address; 

9.4.6.2 Any security considerations at Your address which hinders or prevents delivery, including refusing to admit the delivery vehicle to the premises; or

9.4.6.3 You being unable to accept the goods from Our courier service provider.  

 9.5 Errors:

9.5.1 We take all reasonable precautions to ensure that the description, availability and price of Goods listed on Our Platform is correct and free from any errors.  However, We do not warrant that any information pertaining to any specific Goods are error free.  Goods purchased by You subject to any error in description or price are subject to a refund which will be processed at the price paid by You. 

9.5.2 We advise You that the availability all Goods on Our Platform is subject to the availability with third party suppliers and manufactures.  Whilst We endeavor to ensure Goods are available, You understand and accept that such availability is subject to change at any time.  As such We offer no recourse for Goods purchased subject to an error in displaying the availability of such Goods. 

9.5.2.1 Any Goods subject to such delay will be delivered at a later date.

9.5.2.2 Goods which cannot be delivered in excess of 30 calendar days from of time of purchase due to circumstances beyond Our control are subject to a refund in the full amount paid by You. 

9.5.3 We shall not be bound by any incorrect information regarding our Goods displayed on any third-party websites.

 9.6 Gift Vouchers:

9.6.1 We offer electronic Gift Vouchers which are purchasable at R50.00, R100.00, R200.00, R300.00 or R500.00 increments, or We may from time to time issue Gift Vouchers as part of promotional campaigns.

9.6.2 All Gift Vouchers are emailed to the recipient email address together with a single use coupon code, which may be redeemed at check-out on the Platform for the value of the Gift Voucher. 

9.6.3 Gift Vouchers are valid for the duration stated on the voucher itself which runs from the date of purchase.  

9.7 Refunds and Returns:

9.7.1 Please consult Our Refunds Policy for more information on how We process refunds and returns. 

10. PRIVACY AND THIRD-PARTY ACCESS

10.1 We are entrusted with responsibly and lawfully handling, storing and Processing the Personal Information and data that We collect through the Website and We agree to use Your Personal Information in accordance with Our Privacy Policy and the Terms set out herein. By using the Website, You warrant that You have read and understood Our Privacy Policy and that You Consent to such use, storage and Processing of Your Personal Information. Our Privacy Policy is accessible on Our Website.

10.2 In the event that You elect to submit Personal Information through the Website, such Personal Information will be handled in accordance with Applicable Data Protection Laws. 

10.3 If We are required to provide a Third-Party with Your Personal Information (whether by subpoena or otherwise), We will use reasonable means to notify You promptly of that event (on condition that We have collected and retained an email address for You) unless such notification is prohibited by law, or We are otherwise advised not to notify You by legal counsel.

10.4 We will not disclose Your Personal Information to any Third Parties other than Our Operators who are authorized to Process Your Personal Information on Our behalf in accordance with Our Privacy Policy. You can access Our Privacy Policy on Our Website.  Any other disclosure of Your Personal Information will only occur in accordance with Applicable Data Protection Laws. 

10.5 In order to provide Our Website and services to You, You acknowledge and agree that We have a dependency on Third Party services providers, being Our Operators, including but not limited to those assisting Us with Our Website functionality and analytics, payment services and delivery services. You agree that We shall not be liable for any failures to render the services attributable to such Third Parties.

11. THIRD PARTY WEBSITES 

11.1 This Website may include links to other websites. These links are provided for Your convenience for the purposes of providing further information to You or linking You to Our nominated social media accounts. Such links do not signify that Coffee Capsules Direct endorses the website(s) linked to this Website. You agree that We shall have no responsibility or bear no liability in relation to the content of the linked website(s). Content hosted on Third-Party websites is the responsibility of those websites, and not of Coffee Capsules Direct.

11.2 By accessing Third Party links, You agree that those Third-Party websites have their own methods of collecting and Processing Your Personal Information. You are encouraged to read the Privacy Policies of Third-Party websites, prior to submitting Personal Information on such websites.

11.3 You may not create a link to this Website from another website or document without prior written consent from Us. We reserve the right to withdraw linking permission without notice. The Website from which the link originates must comply with the content standards set out in ‘Impermissible Use’ above.

12. INTELLECTUAL PROPERTY 

12.1 All rights in and to the Website and the content on the Website including copyright, design rights, database rights, trademarks, patents, inventions, knowhow, source codes and any other Intellectual Property rights in any of the foregoing are reserved for Coffee Capsules Direct and/or Our content and technology providers. 

12.2 Coffee Capsules Direct’s logo displayed is subject to copyright and trademark protection. The text, images, graphics, and their arrangement on the Website are all subject to copyright and other Intellectual Property protection. These objects may not be copied for commercial use or distribution (unless otherwise indicated), nor may these objects be modified or reposted to other websites without written consent. 

12.3 The Website contains further text, images, graphics, that are subject to the copyright of Third Parties, and You agree not to use such materials in a manner that violates the rights of such Third Parties.

12.4 You may not (and may not authorize another party to): frame or otherwise co-brand the Website (for example, by displaying a name, logo, trademark or other means of attribution) in a manner that is reasonably likely to give a user the impression that You or a Third-Party has the right to display, publish or distribute the Website.

12.5 No license to Coffee Capsules Direct’s Intellectual Property or the Intellectual Property of Third Parties has been granted to You unless otherwise indicated. 

12.6 You may view, download and print content from the Website for information purposes only.

12.7 You may not modify the paper or digital copies of any materials You have printed or downloaded from the Website.

12.8 You may not use any part of materials on this Website for commercial purposes without obtaining a license from Coffee Capsules Direct or Our licensors to do so.

13. DISCLAIMER

13.1 With the exception of the Goods and Contact Us tabs, the content on this Website is provided for general information purposes. You understand that Coffee Capsules Direct does not provide financial, legal, or technical advice on or via the Website and that We make no representations about the reliability, and accuracy of the information or other content contained on the Website.

13.2 As required by consumer protection law, We warrant that all information concerning Our Goods is an accurate representation of the Goods.  

13.3 Coffee Capsules Direct designs, manufactures, markets and sells coffee machine cleaning capsules, coffee capsules, beans and other products which may be used in a wide range of existing third-party coffee machines, including: Nespresso®, Caffitaly®, K-fee®, Starbucks®, Verismo®, Tchibo® Cafissimo®, Expressi® Aldi®.  Coffee Capsules Direct is an independent entity and is in no way affiliated, partnered or subsidiary to any of the above listed entities.  Any Intellectual Property rights arising from or associated with the entities listed above is the sole and exclusive property of the respective entity. 

13.4 The listing of any brand names, trademarks or their logos is not intended to imply any endorsement or direct affiliation with Coffee Capsules Direct and are used for information purposes only illustrating the coffee machines in which Coffee Capsules Direct's Goods operate. 

13.5 We, hereby, disclaim any association, affiliation direct or indirect, or representation in any form, of any such brand, product or service.  Similarly, Coffee Capsules Direct has not received any endorsement from any third-party coffee machine manufacturer. 

13.6 You acknowledge that Your use of this Website is at Your sole risk.

14. LIMITED LIABILITY OF COFFEE CAPSULES DIRECT

14.1 YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT USAGE OF THE WEBSITE AND RELIANCE ON THE GOODS IS ENTIRELY AT YOUR DISCRETION AND RISK. WE, IN OUR DISCRETION, RESERVE THE RIGHT AT ANY TIME TO CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO: CONTENT, HOURS OF AVAILABILITY. WE WILL ATTEMPT TO MAINTAIN THE AVAILABILITY AND ACCESSIBILITY OF THE WEBSITE; HOWEVER, WE TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR, THE WEBSITE BEING TEMPORARILY UNAVAILABLE OR INACCESSIBLE FOR REASONS BEYOND OUR CONTROL.

14.2 YOU AGREE TO INDEMNIFY AND HOLD US, OUR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS, AND SUPPLIERS HARMLESS FROM AND AGAINST ANY CLAIMS, DAMAGES, ACTIONS, LOSSES AND LIABILITIES INCLUDING WITHOUT LIMITATION: LOSS OF PROFITS; DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES; AND ANY REASONABLE LEGAL AND/OR ACCOUNTING FEES, RESULTING FROM: 

14.2.1 THE ACCESS TO, USE OF, OR PERUSING OF THE WEBSITE, 

14.2.2 VIRUSES, BUGS, SOFTWARE OR PROGRAM MALFUNCTIONS, ERRORS, FAILURES, DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS.

14.2.3 ANY BREACH TO THE SECURITY OF YOU’RE ACCOUNT WHERE SUCH BREACH IS THE RESULT OF YOUR NEGLIGENCE IN ENSURING THE SECURITY OF YOUR ACCOUNT AND IT’S ASSOCIATED LOGIN CREDENTIALS.

14.2.4 ACTIONS OR OMMISSIONS UNDERTAKEN OR NOT UNDERTAKEN BY YOU IN RESPONSE TO ANY INFORMATION GAINED FROM THE WEBSITE, INCLUDING FROM OUR BLOGS OR CHATBOT.

14.2.5 ANY HARM WHICH OCCURS TO YOUR COFFEE MACHINE THROUGH YOUR USE OF ANY GOODS SOLD THROUGH THE WEBSITE. YOU BARE THE ULTIMATE RESPONSIBILTIY OF ENSURING GOODS PURCHASED ARE COMPATIBLE WITH YOUR MACHINE. 

14.3 Your sole and exclusive remedy should You be dissatisfied with the Website is to discontinue Your use of the Website.

14.4 We will not be liable for any errors, inaccuracies, or omissions in regard to the information and materials provided on the Website.

15. WARRANTIES

15.1 Every effort is made to keep the Website up and running smoothly. However, Coffee Capsules Direct takes no responsibility for, does not warrant, and will not be liable for the Website being temporarily unavailable due to technical issues beyond its control.

15.2 With the exception of the Goods tab and the respective descriptions of all Goods marketed on the Website and the Contact Us tab, all information contained on the Website is provided by Coffee Capsules Direct and/or its partners, agents or representatives, without warranty of any kind, expressed or implied, including (but not limited to) any implied warranties that the functions or content contained on the Website will be uninterrupted or error-free, that errors will be corrected, or that Coffee Capsules Direct’s servers are free of viruses or other harmful components. Coffee Capsules Direct does not warrant or make any representation regarding the use or the result of use of the content in terms of accuracy, reliability or otherwise. For more information on Our security measures, refer to Our Privacy Policy, available on Our Website.

15.3 We do warrant that the descriptions of Our Goods are accurate and allow You to make an informed decision regarding the Goods. 

16. INDEMNITIES

16.1 You agree to, indemnify and hold Coffee Capsules Direct, its officers, directors, employees, agents and/or representatives, harmless from and against any claims, actions or demands, liabilities and settlements including (and without limitation to) reasonable legal fees, resulting from, or alleged to result from, Your use or misuse of the Website. Coffee Capsules Direct shall not be responsible or liable whatsoever in any manner for any content posted on the Website, excluding Goods information, (including claims of infringement relating to content posted on the Website for Your use, or for the conduct of Third Parties whether on the Website or otherwise relating to the Website).

17. JURISDICTION

17.1 These Terms and any dispute relating to these Terms will be construed and interpreted in accordance with the laws of the Republic of South Africa and You hereby Consent to the exclusive jurisdiction of the South African courts.

17.2 The Website is controlled and offered by Coffee Capsules Direct through a Third-Party service provider. If You are accessing or using this Website from other countries or jurisdictions, You do so at Your own risk and You are responsible for compliance with local law. Kindly refer to Our Privacy Policy for more information on the Cross-border Processing of Personal Data.

18. WAIVER

18.1 Any failure by Coffee Capsules Direct to exercise or enforce any part of this Agreement shall not be construed as a waiver of such right to exercise or enforce any part of this Agreement.

19. SEVERABILITY 

19.1 If any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect.

20. AMENDMENTS TO THESE TERMS

20.1 Coffee Capsules Direct may change these Terms at any time by posting the amended Terms on the Website. All amended Terms are immediately and automatically effective after they are posted onto the Website. Use of the Website shall be governed by such amended Terms.  You are advised to regularly check these Terms for any amendments. 

20.2 Amended Terms shall apply to any disputes that arise after the posting of such terms on the Website. 

20.3 You can easily view when these Terms were last revised by checking the date as set out above.

21. PARTICULARS OF COFFEE CAPSULES DIRECT


Full Name

Coffee Capsules Direct

Legal Status

Proprietary Limited

Registration Details 

2013/083136/07

Place of Registration

South Africa

Director/Founder

Rowan I.

Physical Address

Unit 4, 15 Dawn Road, Montague Gardens, Cape Town 7441.

Postal Address

Unit 4, 15 Dawn Road,

Montague Gardens

Cape Town, 7441.

Physical Address for receipt of legal documents

Unit 4, 15 Dawn Road,

Montague Gardens

Cape Town, 7441.

Telephone Number

078 296 0389

E-mail address

info@coffeecapsulesdirect.com

Website Address

https://coffeecapsulesdirect.co.za/pages/contact-us.

Membership to self-regulatory and/or accreditation bodies

N/A

Description of services and services offered

Coffee Capsules Direct a manufacturing and e-commerce company specializing in the manufacturing and distribution of coffee system cleaning capsules and related products.  

Codes of Conduct applicable to Coffee Capsules Direct

N/A

Terms of Service Agreement

Can be accessed from the Website. 

Privacy Policy

Can be accessed from the Website.