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TERMS OF USE

(Version effective as of 1 November 2011)

Welcome to the home of Leopard’s Leap, a web site currently located at www.leopardsleap.co.za

Important Notice

  1. Please read our terms of use carefully. Your use of this web site and any of the services offered on this web site will be subject to the then current version of our terms available on this web site at the time of your use. If you do not accept our terms of use, you may not access our web site or use any of the services available via our web site.
  2. Our terms contain specific provisions to limit our liability. These terms have been set out in capital letters. You should pay particular attention to these terms since they limit your ability to recover losses that you may incur in connection with your use of our web site.
  3. If you are not yet 18, you must obtain your parents’ or legal guardians’ advance authorisation, permission and consent to be bound by our terms of use prior to you accessing our web site, using any of the services on our web site or participating in any of the activities offered. If you are under 18 and fail to obtain such consent you may not access our web site, use the services or participate in the activities available via our web site.
  4. We may change our terms of use from time to time. Such changes will take effect as and when published. Therefore, you should keep up-to-date with their content and read these terms of use at all times prior to using this web site since the then current version of the terms will apply to your use.

Should you have any questions regarding this site’s terms of use, please contact our Customer Care Centre at info@leopardsleap.co.za or Tel: +27 (0)21 876 8002

Part A: General Information and Terms

1 General Information

For your convenience, we have listed below some general information about ourselves:

  • “We” are Leopard’s Leap Wines (Proprietary) Limited, and “us” and “our” have a corresponding meaning herein.
  • We are a private company incorporated in accordance with the laws of the Republic of South Africa with registration number 2003/028646/07
  • Our chief executive officer is Hein Koegelenberg and the Board of Directors of Leopard’s Leap Wines (Proprietary) Limited is available on request.
  • Our postal address is PO Box 1, La Motte, 7691
  • Our address of establishment is R45 Main Road Franschhoek, South Africa and we will accept service of all legal documents there;
  • Our telephone and facscimile numbers are Tel: +27 (0)21 876 8002, Fax: +27 (0)21 876 4156
  • Our e-mail address is info@leopardsleap.co.za
  • Our VAT number is 4130217294

2 Definitions

In these terms of use:

  • Products means any goods or other products that are made available by us via this website;
  • We, us and our means Leopard’s Leap Wines (Proprietary) Limited (and, unless the context indicates otherwise, its owners, employees, suppliers, internet service providers, agents and affiliates);
  • You mean the user of this website;
  • Hyperlinks, which are not operational, will not in any way detract from the validity and interpretation of the terms;

3 General Conditions of Use for this Web Site

    1. You are solely responsible for any and all telephone usage and rental fees and/or internet access service fees that may apply to your use of this web site and the services offered on it.
    2. You may not access this site for any purpose other than for utilizing the services offered on it in the normal manner. You may not access our site for the purposes of redistributing or otherwise using any of our content for your own business purposes unless you are expressly licensed thereto by us in writing. You may not use your access to this site in a manner that would bring us, our business and/or any of our affiliates into disrepute. Furthermore, you may not access this site for unlawful purposes or use it in a manner which infringes our rights or the rights of any other person or restricts or inhibits the use of or enjoyment of this site by any other person. In this regard, you must comply with the laws, regulations and codes of conduct applicable to your use of this site. You may not to post or transfer any material to our web site that is unlawful or violates any third party’s rights or which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties’ computer system. We may remove any content you have submitted to this site and/or suspend your access to any part of this site at any time without notice.
    3. We do not usually monitor, edit, control or filter the content submitted to this site by our users. Such content, including as may be found in blogs, forums, chat groups, comment sections and bulletin boards, do not represent our views and we have not authorized or endorsed such content. Such content should also not be viewed as professional advice of any kind, be it medical, legal, financial or otherwise. Please notify our Customer Care Centre if you have a complaint about the activities of or content submitted by a user of this site.
    4. We do not distribute or endorse any products, services or events posted, promoted and/or listed on our site other than the products and services we supply ourselves and our display of such products, services or events should not be construed as any form of endorsement thereof. All arrangements regarding such products, services and events are to be made directly with the supplier thereof.
    5. Notwithstanding that this site may contain links to third party web sites and that some third party web sites may contain links to this site we do not control, endorse or approve the activities or content of any such third party web sites. Please contact the relevant web site proprietor if you have a complaint about the activities or contents of a third party web site.
    6. Proprietary rights (including without limitation, the trade marks, copyright and patent rights) in the components of this site belong to us and our licensors, including in the compilations, collective works and derivative works created incorporating the content of our users. The individual content you may submit will remain your property, but you grant us an irrevocable, perpetual, worldwide, transferable, sub-licensable and royalty-free license to use such content free from any restriction and on the basis as if we were the owners thereof, including by modifying, reproducing, compiling, publishing, publicly performing, distributing, broadcasting and promoting it.
    7. The downloading and use of data contained on this web site is done at your sole discretion. You should independently verify the completeness and reliability of information provided on or via this site. Also be aware that viruses or code which may have a harmful effect on your computer system could be transmitted to you. You are responsible for implementing suitable protection mechanisms to prevent such harm from occurring.
    8. ACCESS TO OUR WEB SITE SERVICES IS PROVIDED TO YOU FREE OF CHARGE. RELIANCE ON AND USE OF OUR WEB SITE, CONTENT AND SERVICES ARE THEREFORE AT YOUR OWN RISK. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND IN CONTRACT, DELICT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE ARISING IN CONNECTION WITH YOUR RELIANCE ON OR USE OF THIS SITE OR THE CONTENT OR SERVICES PROVIDED, SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY APPLICABLE LAW OR THE CONTRARY IS EXPRESSLY STATED.
    9. We also reserve the right, without notice and in our sole and absolute discretion, to make changes to any parts of the site inclusive of changes to these terms of use including those relating to our ordering service. It is your responsibility to review our terms of use on each occasion prior to making use of this site and our ordering service. If you continue to use this site after our amended terms of use has been posted on the web site, it will constitute a deemed acceptance of such amended terms of use. We specifically reserve the right at any time to change or discontinue without notice, any aspect and/or feature of this web site.
    10. You will be required to choose a user name and a password when registering with us or using some of our services. You are responsible for keeping your user name and password secret. You will be required to enter your username and password every time you want to use one of our subscription services. You accept that you will be personally liable for all transactions concluded on your account.
    11. We are committed to protecting your privacy. We will collate the information which you give to us to provide you with services and personalize your use and visits of this site. We may also use such information to inform you, the user, about changes in the services we offer and/or about features we think you would find of interest. We may also permit the affiliated entities in our company group to inform you about products or services they offer that might interest you. By giving us this information, you consent to our use of it for these purposes and for the purposes outlined in our Client Information Processing Policy, including for the purpose of processing your orders and instructions. For further information regarding our treatment of your personal information, you are referred to our Client Information Processing Policy.
    12. We have to protect our business and secure our systems. Consequently, you should note that we may monitor and keep records of any communication that you may send to or receive via our web site and we may use, publish and disclose such communications for any lawful purpose. This may include our filtering of incoming and outgoing electronic data messages to identify, limit and/or prevent the transmission of unlawful or otherwise undesirable material or content.

Part B: Competitions

    1. Unless expressly stated otherwise these terms will apply to all competitions offered on this web site. In the event of conflict between these terms and the rules applicable to any specific competition, the specific competition’s rules will prevail. Specific competition rules will be made available on this web site. The competition offer will set out at least the following:
  • The prizes on offer
  • The steps required to participate
  • The basis for determining the winners
  • The closing date
  • How the winners will be made known
  • Where, when and from whom prizes are to be claimed
  • The address of the web pages where the competition rules and these terms can be obtained
    1. All competitions offered on this web site will be open to residents of South Africa only unless expressly stated otherwise. We may also stipulate additional entry criteria for entrants to a competition (e.g. a minimum age) and any entrant failing to comply with such criteria may be refused entry.
    2. Anyone working for us or any entity in our group or for the supplier of the prizes for the relevant competition (including any director, employee, contractor, agent or consultant) and any person with more than 5% shareholding in any of our group entities, or for any of our advertising, media or public relations agencies, as well as any family members of any of the aforesaid are prohibited from entering any competitions offered on this web site.
    3. The closing date for any competition will be as stated. The judges cannot accept responsibility for late entries.
    4. We will be entitled to all right, title and interest in all entries submitted, including all intellectual property rights. Entrants must do all things necessary, including the execution of any requisite documentation to transfer such rights to us, as and when requested.
    5. Any entrant may be required to submit proof of age. If you are not yet 18, you will be required to obtain your parents’ or legal guardians’ advance authorisation, permission and consent to participating in a competition or any of the related activities. If you fail to obtain such consent you may not participate in the competition or the related activities.
    6. The judges decision will be final. We will not enter into correspondence.
    7. All entrants’ information will be used only in accordance with our Client Information Processing Policy [insert link].
    8. Where entry by SMS is applicable, SMSs are charged. Standard rates apply. Free rates do not apply.
    9. Any deviation from the rules and/or attempt to manipulate the outcome of the prize will result in disqualification.
    10. We reserve the right not to award a prize in any situation where it would be unlawful to do so.
    11. Multiple winners may be subject to tie-break to decide an outright winner.
    12. We may re-allot prizes if we are unable to contact selected winners. Please ensure that you provide the correct contact details.
    13. Your name and place of residence may be published when winners are announced.
    14. Winners may be requested to be photographed for publicity purposes or to participate in a radio or television broadcast or other marketing activity. No fees will be payable in this regard. Participation in any such marketing activity is voluntary and may be declined.
    15. No cash alternative is available to any prize unless expressly stated otherwise.
    16. Prizes are non-transferable in whole or in part, must be taken as stated and may not be sold to a third party. You must confirm acceptance of the prize as stated, failing which you will no longer be eligible for a prize, and that prize will be re-allotted.
    17. If any prize offered becomes unavailable for reasons outside of our control, we reserve the right to select an alternative prize of equivalent type and value.
    18. Where prizes involve travelling abroad, winners must be in possession of a valid passport, required visas and the relevant health certificates.
    19. We accept no responsibility for any incorrect or incomplete registration details that you may supply as part of your registration. No responsibility will be accepted for undelivered, lost or delayed entries. Proof of sending is not proof of receipt. Errors in entries may, in the judges’ discretion, void entries.
    20. YOU ENTER OUR COMPETITIONS AT YOUR OWN DISCRETION AND RISK. WE, OUR AFFILIATES, COMPETITION PARTNER/S AND THEIR RESPECTIVE SHAREHOLDERS, EMPLOYEES, OFFICERS AND REPRESENTATIVES SHALL NOT BE LIABLE IN ANY WAY WHATSOEVER FOR ANY LOSS, DAMAGE, INJURY OR COSTS, HOWSOEVER ARISING, SUFFERED AS A RESULT OF YOUR PARTICIPATION IN A COMPETITION, SAVE TO THE EXTENT THAT SUCH LIABILITY MAY NOT BE ECLUDED UNDER APPLICABLE LAW.

Part C: Complaints and General

    1. We aim to provide you with a quality service. If, however, you feel that you have cause to complain, you can submit a form online www.la-motte.comor via email info@leopardsleap.co.za to our Customer Care Centre. We will try to do our best to resolve any problems that arise. We require that provide us with the following as part of your complaint:
  • Your full names, physical address, telephone number and email address
  • The location and description of the service feature or transaction which is the cause of your complaint
  • The problem with the service or transaction or rights that you allege to be infringed by such feature or component
  • The actions you would like us to take to remedy the problem
  • A statement confirming that you are making the complaint in good faith
  • A statement confirming that the information you are providing to us is to the best of your knowledge true and correct
  • Please incorporate your signature into the complaint
    1. Use of this web site is subject to the laws of the Republic of South Africa, and the exclusive jurisdiction of the Western Cape High Court, Cape Town provided that if any South African Magistrate’s Court has competent jurisdiction over your person to adjudicate on any dispute arising from or in connection with these terms of use, such Magistrate’s Court will also have jurisdiction to adjudicate the dispute notwithstanding that the amount in dispute may exceed such court’s jurisdiction. You agree to accept service of legal process at the addresses you may provide to us when you use or subscribe to our web site services.
    2. These terms of use and the terms incorporated herein by reference and the relevant terms implied herein by applicable law constitute the entire agreement between you and us with respect to this site, the services offered here and any products and services acquired through this site. These terms of use shall override any contrary terms or conditions incorporated by you in your communications with us and any such conflicting terms or conditions will not form part of the agreement concluded between us.
    3. Our failure to enforce any provision of this agreement strictly will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable or invalid by any competent authority, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in force and effect to the fullest extent permitted by the law.
    4. You may not subcontract, cede, delegate, transfer or assign any of your rights, obligations or duties hereunder to any other person without our prior written consent. We may cede, delegate, transfer and assign our rights, obligations and duties hereunder to any other person.
    5. We will be excused from a failure to perform or delay in performance of our obligations hereunder if and to the extent that circumstances outside our reasonable control prevent or delay such performance.

DELIVERY POLICY

Please note that the online wine sales from this store is only for South African customers. For online purchases in Europe, please visit our partner store EU Shop, or view other options on the Rest of the worldpage.

Vintages for wines is subject to change without prior notice.

Delivery cost is calculated per order, regardless of the number of bottles ordered. We recommend ordering in multiples of 6, as this reduces the risk of breakages.

Delivery costs and restrictions:

Door-to-door Country wide: R100.00 per order

Collection at Leopard’s Leap Family Vineyards in Franschhoek: Free

Shipping and delivery dates is estimated based on availability of your items and receipt of payment. Orders are confirmed by email, and delivery takes approximately 5 working days.

DELIVERY POLICY

We strongly suggest that you request shipping your order to a business address.

By law we may only deliver packages containing wine to an adult (at least 18 years of age). Shipments will not be delivered if the recipient is not 18 years of age, or does not have an acceptable form of identification such as an identity document, driver’s license, passport or birth certificate.

If no one is available at your requested delivery address when we deliver the products you ordered, our courier will retain the products and we will tell you about the attempted delivery. If the courier returns the products to us, you must pay for any further delivery.

We are not liable for any loss occasioned by any delay in the delivery of any order.

By law we may only deliver products to physical addresses and may not deliver products to Post Office boxes.

Shipping and delivery is estimated based on availability of the products you ordered and receipt of your payment. Orders are confirmed by email. Delivery takes about 10 working days.

REFUND POLICY

You may return unopened items within 30 days of delivery for a full refund if the return is a result of our error (you received an incorrect or defective item, etc.), or you received damaged goods.

You should expect to receive your refund within four weeks of giving your package to the return shipper, however, in many cases you will receive a refund more quickly. This time period includes the transit time for us to receive your return from the shipper (5 to 10 business days), the time it takes us to process your return once we receive it (3 to 5 business days), and the time it takes your bank to process our refund request (5 to 10 business days).

If you need to return an item, simply notify us via e-mail of your refund.

Please note that the online wine sales from this store is only for South African delivery. For online purchases in Europe, please visit our partner store EU Shop, or view other options on the Rest of the worldpage.

RETURN POLICY

We guarantee the quality of the wines we produce, and we want you to be completely satisfied with your purchase. If, for any reason, you are not satisfied with your order, send an email to info@leopardsleap.co.za with order details.

We will notify you by email of your refund once we’ve received and processed the return product.

You may return unopened products within 30 days of delivery for a full refund if the return is a result of our error (eg you received an incorrect or defective product), or you received damaged goods.

You should expect to receive your refund within four weeks of giving your package to the return shipper. This time period includes the transit time for us to receive your return from the courier (five to ten working days), the time it takes us to process your return once we receive it (three to five working days), and the time it takes your bank to process our refund request (five to ten working days). But in many cases you will receive a refund sooner.

REFUND POLICY

Where you have paid by credit card, we will process any refund to the credit card used for the purchase. In any other case, we will refund you by cheque or electronic funds transfer.

Terms and Conditions for Leopard’s Leap Wines (Pty) Limited COOKING CLASSES

IN the EVENT THAT THE CONSUMER PROTECTION ACT, ACT NO 68 OF 2008 (“CPA”)

IS APPLICABLE TO THIS AGREEMENT THE following NOTICE APPLIES:

CONSUMER PROTECTION ACT NOTICE

In complying with the CPA, certain portions of the Agreement have been printed in bold. The reason for this is to draw the Participant’s attention to these clauses specifically as they either:

  • limit in some way the risk or liability of Leopard’s Leap Family VineyardsWines Proprietary Limited (hereinafter “Leopard’s Leap”) or any other person;
  • constitute an assumption of risk or liability by the Participant;
  • impose an obligation on the Participant to indemnify Leopard’s Leap or any other person for some cause; or
  • are an acknowledgement of a fact by the Participant.

Kindly ensure that before the signing of this Agreement that you as the Participant have had adequate opportunity to understand these terms. If you do not understand these terms or if you do not appreciate their effect, please ask for an explanation and do not sign the Agreement until the terms have been explained to your satisfaction.

By making a booking at Leopard’s Leap it is understood that these Terms and Conditions are understood and accepted by all participants, and that the booking agent or organiser of the group has explained these terms and conditions to all participants.

Nothing in this policy will affect the customer’s statutory entitlements under sale of goods and supply of services legislation, including the CPA.

1. General

We welcome suggestions for classes, and we are also able to tailor-make classes to suit clients’ individual needs (at an additional cost). [Note: INSERT ANY OTHER GENERAL INFORMATION]

2. Class schedules

Leopard’s Leap reserves the right, under unavoidable circumstances, to alter the timing or content of any class or of the curriculum and to substitute any teacher or instructor or to cancel a course at any time.

Leopard’s Leap does not guarantee the availability of any of the classes wheresoever advertised or promoted.

We reserve the right to cancel or postpone classes with full reimbursement if the class does not meet the minimum enrollment size.

Classes will always take place as scheduled unless prevented by delays caused by force majeure (howsoever defined).

If a class is prevented from taking place on the day scheduled by any of the above reasons an alternative class will be offered, a credit to a future class, or the payment refunded in full.

3. Provisional bookings

Provisional bookings can be made for any Food and Wine Pairing, the booking will be held for 24 hours on a provisional basis before the places are released if not confirmed and paid for.

We regret that we are unable to take provisional bookings for a class fewer than 10 days before the scheduled commencement of a class or course.

4. Cancellation policy

The Participant acknowledges that the cooking classes and/or course provided in terms of this Agreement constitutes special order goods for the purposes of the CPA and as such are not subject to the provisions of Section 17 of the CPA.

Cancellations of confirmed bookings prior to a scheduled class:

  • more than 7 days – subject to a R100 administration fee;
  • between 3-7 days – 50% cancellation fee will be charged;
  • 3 days or fewer hours and no-shows – full amount paid will be forfeited.

This cancellation policy stands for all bookings being cancelled, even if transferring to another date.

If you are unable to attend at the last minute due to illness or other unforeseen circumstances, your place can be transferred to another person of your choice, but not to another date.

No refunds will be given after the scheduled start of a class or first class where the first class is part of a series of classes.

There are no make up classes for missed classes.

However, all recipes will be available for all fully paid bookings.

5. Rates and Payments

Prices are as published on our website and will be confirmed to you at the time of payment in full for a booking .We reserve the right to change prices at any time prior to full payment of a booking.

When renting the entire kitchen a R5 000 deposit will be required as security for Leopard’s Leap equipment being lost or damaged. It is Leopard’s Leap’s sole right to determine the amount of any damage or losses.

Separate drink accounts need to be settled at the end of the class.

6. Times

For general information: Please see our website for exact scheduled times, as times are subject to change.

Class times shown on our web site are subject to change. Specific class times are as stated in the confirmation of your booking. Classes generally run for approximately 3-3½ hours, including eating the prepared meal at the end of the class.

Hands-on cooking classes have to be finished by 22h00 with the last guest departing by 23h00. Every hour after that will be charged at R2 000 per hour, which needs to be settled upon departure.

We offer corporate and special events classes at times convenient for our clients.

7. Dietary requirements and allergies

Where possible, our chefs will accommodate dietary requests if they are given a minimum notice of 7 days prior to the scheduled class date. Leopard’s Leap does not otherwise cater for individual dietary requirements, whether for health or religious reasons or otherwise, beyond what is denoted on the class schedule, and is unable to provide alternatives or substitute ingredients for participants with special dietary needs. Leopard’s Leap does not hold any religious food or preparation certifications other than those related to normal health and safety.

We are unable to guarantee that our classes, classrooms, dining rooms, tasting areas or kitchens are suitable for food allergy sufferers. Food prepared both on and off site may contain traces of nuts.

Allergies are the responsibility of the individual customer and not of Leopard’s Leap.

Leopard’s Leap is not liable for any allergies, illness or reactions including leading to death from any food served at any time in our premises or any allergic reaction suffered.

8. Alcohol policy – we ask you to respect our staff when enforcing this policy and all legal requirements

Alcohol for consumption on-site must be consumed only in the designated areas. Alcohol can only be consumed on the premises and in such areas in our grounds as are designated to be available for the consumption of alcohol.

If you appear under 21, we will ask for relevant photo ID before serving wine. We advise anyone 21 or younger to bring appropriate ID on the first day of the class.

Wine will only be served to individuals aged 18 or older. It is an offence for anyone to provide alcohol to any person aged under 18 or for an adult to secure alcohol on such under aged person’s behalf.

The consumption of alcoholic beverages is not permitted before or during practical cooking classes.

Alcohol is only to be consumed as part of the sit-down meal at the conclusion of cooking. Wine should not be taken from the dining room to the kitchen.

Cooking classes includes tasting portions (as determined by Leopard’s Leap) of wine with each course. Please note that this offer is not for unlimited amounts of wine, but for tasting portions.

All wine will be removed from the table at the end of each class.

We allow a 30-minute “drinking up time” from the end of the classtime period for t=wine to be consumed from the end of the class.

Leopard’s Leap takes no responsibility in any event for any person attending a class becoming intoxicated, driving a vehicle over the statutory limits, or for loss of a driver’s licence.

For the safety of the individual and others, persons deemed by our staff (in their sole discretion) to be intoxicated will not be allowed to participate in a class or asked to leave a class, or refused alcohol.

All cooking participants are asked to refrain from consuming alcohol prior to the class, or bringing drinks in to our premises from other establishments.

We offer water and tea and coffee. Special requests for other drinks can be arranged for private bookings.

Any participants disregarding these stipulations relating to alcohol will be asked to terminate their participation in the class immediately, and be removed from the complex if necessary.

No compensation will be made to anyone being asked to terminate their participation in a class or where such person(s) is/are removed from Leopard Leap’s premises.

9. Ingredients, Notes, and Food Consumption

We supply all ingredients, extensive notes and the use of aprons.

At the end of the class, clients are invited to sit down and enjoy the food they have prepared, an ideal way of interacting with each other.

10. Minors

We recommend our general hands-on classes for minors 16 years of age and older.

Guests aged under 18 must be accompanied by a responsible adult, or we will be unable to provide tuition.

Due to the nature of cooking classes and the hazards associated with cooking, such as counter top heights, sharp knives and gas, we are unfortunately unable to accommodate children under 16 years of age, unless prior written arrangements have been made with Leopard’s Leap and a responsible adult accompanies them and assumes full responsibility for the children under their supervision.

We offer classes in the demonstration area for children between the ages of 7 and 16. We do not admit children younger than 7 years of age.

Please also note that we do not have baby-sitting facilities.

Minors can only be accepted at Leopard’s Leap once a child enrolment form has been completed and signed by a parent or guardian and sent to us.

11. Social enjoyment

The object of the cooking classes is to learn cooking skills in a fun environment, and the emphasis is on handson food preparation and cooking, having fun and socialising.

To ensure that our instructors have control, we are unable to accommodate individuals who are rowdy and unruly as this inevitably leads to a breakdown of the class creating an unpleasant environment for the rest of the group. We will look to the organiser of the group to make this clear to all participants and to control the group.

We reserve the right to terminate the class prematurely should the group or any member of the group become unruly and we will not consider any refunds or pay any compensation. The booking agent or organiser of the group will be held liable for costs arising from damages caused to property and equipment due to negligence on the part of unruly individuals.

If any student is considered by Leopard’s Leap to be unsuitable for any reason, the student may be required to leave, either immediately or within a specified time.

12. Personal Property

Although every precaution has been taken to ensure the safety of participants and their respective belongings and vehicles, Leopard’s Leap and its staff cannot be held responsible for any injuries or other mishaps that may occur while on the premises, or for losses or damages to persons and/or property of any nature and howsoever caused.

Leopard’s Leap accepts no responsibility for lost property whatsoever. If any property has been left behind and found by a member of our staff, we advise you to organise a suitable courier to collect your goods at a convenient time. Any lost property which has not been claimed in 7 days will be given to charity.

Every participant undertakes to sign the standard form of Leopard’s Leap indemnity form.

13. Dress Code

At hands-on classes, we suggest that participants come comfortably dressed, preferably with flat closed gym shoes, as leather soles are inclined to slip.

Students are required to tie back loose or long hair.

As a matter of health and safety, we require that all participants wear closed shoes, preferably leather (excluding leather soled shoes), and no loose articles of clothing. Individuals wearing shorts, thongs, open-toed shoes, sandals or high heals will not be allowed to participate in a class.

14. Emergencies

In the case of an emergency, where it is impracticable to communicate with a person authorised to give medical instructions, the staff are authorised to arrange for a participant/child/ward to receive such medical or surgical treatment as may be deemed necessary.

The participant undertakes to pay or reimburse all costs, charges, fees and expenses which are or may be incurred for medical attention, ambulance transport and medication while the participant or his/her child/ward is enrolled with the programme.

15. Third party services

The suppliers providing transportation, sightseeing arrangements, tours and/or arrangements for attendance at Leopard’s Leap (“Suppliers”) are independent contractors and are not agents, affiliates, representatives or employees of Leopard’s Leap, or any of its subsidiaries, related companies or parents (“Affiliates”). Leopard’s Leap has no ownership interest in any Supplier. Any use of the Leopard’s Leap name by any Supplier is for identification purposes only and does not constitute ownership, agency, supervision or control by Leopard’s Leap.

All documentation, receipts and tickets are issued subject to the terms and conditions specified by the Supplier(s).

By utilising the services of Suppliers, you agree that neither Leopard’s Leap nor its Affiliates shall be liable for (i) any accident, loss, injury or damage to you or to those traveling with you, including, but not limited to, defects in vehicles, equipment malfunction, strikes, theft, delays, weather conditions, cancellation or changes in itineraries or schedules, or (ii) loss or damage to property or injury to persons caused by reason of any act or omission, intentional, negligent or otherwise by such Suppliers.

Leopard’s Leap makes no implied or express warranties in any offering described in Supplier materials.

I/We hereby agree to the above Terms and Conditions:

NAME:

IDENTITY NUMBER:

MOBILE:

HOME/BUSINESS ADDRESS:

DATE:

SIGNATURE

SIGNATURE: SIGNATURE OF LEGAL GUARDIAN (if applicable):

VOLUNTARY ASSUMPTION OF RISK AND INDEMNITY

NOTICE:

There are risks of harm when participating in kitchen activities or being present in a kitchen. Please read this document carefully as it contains provisions that limit the liability and responsibility of Leopard’s Leap Family Vineyards (Proprietary) Limited. Please also consult your legal advisor prior to signing this document.

I, the undersigned, hereby confirm that I and any person under my control or guardianship fully understand the risks and dangers involved in participating in the cooking and food preparation classes and demonstrations, as well as the culinary experience of food presented and conducted by Leopard’s Leap Wines Proprietary Limited (“Leopard’s Leap”) at its cooking school conducted from premises situated at R45, Main Road, Franschhoek (“School”), including without limitation, the sustaining of burns, allergic reactions, cuts and other injuries and afflictions of any nature whatsoever and whether at or near such premises whether foreseen or unforeseen, resulting from participation in cooking classes at the School and/or the personal preparation and cooking of meals for my/our consumption and/or from any other activities similar or incidental thereto. I furthermore confirm that, after duly considering the implications of the aforementioned and other potential risks and dangers, I have made an informed decision to accept and assent to such potential risks and dangers, all of which I fully understand.

I hereby irrevocably agree that the School and all its employees, sub-contractors, agents or helpers and other associated parties thereof (collectively, “Representatives”) shall not be liable to me, my estate or dependants for any loss or damage of any nature whatsoever sustained as a result of my death, injury or illness or for any loss or damage to any property occurring within or arising from my visit to the School and/or participation in any cooking and/or related activity in the School, however caused, and/or arising from the use of any liquid, foodstuff or facilities supplied or from any defect in any equipment, products or services supplied or made available or arising in any other manner and from any other cause whatsoever and to the extent that such death, injury, illness, loss or damage to any property is not attributed to School’s willful or grossly negligent conduct.

I hereby indemnify and hold blameless, and undertake to save Leopard’s Leap, the School and its Representatives harmless and any person acting for, through or on its or their behalf from any and all of the aforementioned claims and any damages, expenses, losses and/or costs whatsoever in respect thereof to the maximum extent, limited only as stated in applicable legislation.

I confirm that by signing this document I am waiving and/or restricting my right to claim any compensation and/or any damages from Leopard’s Leap, the School and the Representatives to the maximum extent permitted by law or applicable legislation. I also confirm that I have had time to review this document and been offered time to obtain legal advice prior to signing this document.

This agreement shall be governed by the laws of the Republic of South Africa and subject to the exclusive jurisdiction of the High Court of the Republic of South Africa, Western Cape Division.

NAME:

IDENTITY NUMBER:

MOBILE:

HOME ADDRESS:

DATE:

SIGNATURE:

SIGNATURE OF LEGAL GUARDIAN (if applicable):

TERMS AND CONDITIONS FOR LEOPARD’S LEAP WINES (PTY) LIMITED FOOD AND WINE PAIRING

IN THE EVENT THAT THE CONSUMER PROTECTION ACT, ACT NO 68 OF 2008 (“CPA”) IS APPLICABLE TO THIS AGREEMENT THE FOLLOWING NOTICE APPLIES:

Consumer Protection Act Notice

In complying with the CPA, certain portions of the Agreement have been printed in bold. The reason for this is to draw the Participant’s attention to these clauses specifically as they either:

  • limit in some way the risk or liability of Leopard’s Leap Wines Proprietary Limited (hereinafter “Leopard’s Leap”) or any other person;
  • constitute an assumption of risk or liability by the Participant;
  • impose an obligation on the Participant to indemnify Leopard’s Leap or any other person for some cause; or are an acknowledgement of a fact by the Participant.

Kindly ensure that before the signing of this Agreement that you as the Participant have had adequate opportunity to understand these terms. If you do not understand these terms or if you do not appreciate their effect, please ask for an explanation and do not sign the Agreement until the terms have been explained to your satisfaction.

By making a booking at Leopard’s Leap it is understood that these Terms and Conditions are understood and accepted by all participants, and that the booking agent or organiser of the group has explained these terms and conditions to all participants.

Nothing in this policy will affect the customer’s statutory entitlements under sale of goods and supply of services legislation, including the CPA.

1. Food and Wine Pairing schedules

Leopard’s Leap reserves the right, under unavoidable circumstances, to alter the timing or content of the Food and Wine Pairing and to substitute any teacher or instructor or to cancel a course at any time.

Leopard’s Leap does not guarantee the availability of any of the Food and Wine Pairing wheresoever advertised or promoted.

We reserve the right to cancel or postpone Food and Wine Pairing with full reimbursement if the Food and Wine Pairing does not meet the minimum enrollment size.

Food and Wine Pairing will always take place as scheduled unless prevented by delays caused by force majeure (howsoever defined).

If a Food and Wine Pairing is prevented from taking place on the day scheduled by any of the above reasons an alternative Food and Wine Pairing will be offered, a credit to a future Food and Wine Pairing, or the payment refunded in full.

2. Provisional bookings

Provisional bookings can be made for any Food and Wine Pairing, the booking will be held for 24 hours on a provisional basis before the places are released if not confirmed and paid for.

3. Cancellation policy

The Participant acknowledges that the Food and Wine Pairing provided in terms of this Agreement constitutes special order goods for the purposes of the CPA and as such are not subject to the provisions of Section 17 of the CPA.

Cancellations of confirmed bookings prior to a scheduled Food and Wine Pairing:

  • more than 7 days – no cancellation fee;
  • between 3-7 days – 50% cancellation fee will be charged;
  • 3 days or fewer hours and no-shows – full amount paid will be forfeited.

This cancellation policy stands for all bookings being cancelled, even if transferring to another date.

If you are unable to attend at the last minute due to illness or other unforeseen circumstances, your place can be transferred to another person of your choice, but not to another date. No refunds will be given after the scheduled start of a Food and Wine Pairing.

4. Rates and Payments

Prices are as published on our website and will be confirmed to you at the time of payment in full for a booking .We reserve the right to change prices at any time prior to full payment of a booking.

5. Times

For general information: Please see our website for exact scheduled times, as times are subject to change. Food and Wine Pairing times shown on our web site are subject to change.

Specific Food and Wine Pairing times are as stated in the confirmation of your booking. Food and Wine Pairing generally run for approximately 2 hours.

6. Dietary requirements and allergies

Where possible, our chefs will accommodate dietary requests if they are given a minimum notice of 2 days prior to the scheduled Food and Wine Pairing date. Leopard’s Leap does not otherwise cater for individual dietary requirements, whether for health or religious reasons or otherwise. Leopard’s Leap does not hold any religious food or preparation certifications other than those related to normal health and safety.

Allergies are the responsibility of the individual customer and not of Leopard’s Leap.

Leopard’s Leap is not liable for any allergies, illness or reactions including leading to death from any food served at any time in our premises or any allergic reaction suffered.

7. Alcohol policy – we ask you to respect our staff when enforcing this policy and all legal requirements

Alcohol for consumption on-site must be consumed only in the designated areas. Alcohol can only be consumed on the premises and in such areas in our grounds as are designated to be available for the consumption of alcohol.

If you appear under 21, we will ask for relevant photo ID before serving wine. We advise anyone 21 or younger to bring appropriate ID on the first day of the Food and Wine Pairing.

Wine will only be served to individuals aged 18 or older. It is an offence for anyone to provide alcohol to any person aged under 18 or for an adult to secure alcohol on such under aged person’s behalf.

Please note that this offer is not for unlimited amounts of wine, but for tasting portions.

All wine will be removed from the table at the end of each Food and Wine Pairing. Leopard’s Leap takes no responsibility in any event for any person attending a Food and Wine Pairing becoming intoxicated, driving a vehicle over the statutory limits, or for loss of a driver’s licence.

For the safety of the individual and others, persons deemed by our staff (in their sole discretion) to be intoxicated will not be allowed to participate in a Food and Wine Pairing or asked to leave a Food and Wine Pairing, or refused alcohol.

Any participants disregarding these stipulations relating to alcohol will be asked to terminate their participation in the Food and Wine Pairing immediately, and be removed from the complex if necessary.

No compensation will be made to anyone being asked to terminate their participation in a Food and Wine Pairing or where such person(s) is/are removed from Leopard Leap’s premises.

8. Social enjoyment

The object of the Food and Wine Pairing is to learn the fundamental concepts and harmonisation of food and wine.

We reserve the right to terminate the Food and Wine Pairing prematurely should the group or any member of the group become unruly and we will not consider any refunds or pay any compensation. The booking agent or organiser of the group will be held liable for costs arising from damages caused to property and equipment due to negligence on the part of unruly individuals.

If any participant is considered by Leopard’s Leap to be unsuitable for any reason, the student may be required to leave, either immediately or within a specified time.

9. Personal Property

Although every precaution has been taken to ensure the safety of participants and their respective belongings and vehicles, Leopard’s Leap and its staff cannot be held responsible for any injuries or other mishaps that may occur while on the premises, or for losses or damages to persons and/or property of any nature and howsoever caused.

Leopard’s Leap accepts no responsibility for lost property whatsoever. If any property has been left behind and found by a member of our staff, we advise you to organise a suitable courier to collect your goods at a convenient time. Any lost property which has not been claimed in 7 days will be given to charity.

10. Emergencies

In the case of an emergency, where it is impracticable to communicate with a person authorised to give medical instructions, the staff are authorised to arrange for a participant/child/ward to receive such medical or surgical treatment as may be deemed necessary.

The participant undertakes to pay or reimburse all costs, charges, fees and expenses which are or may be incurred for medical attention, ambulance transport and medication while the participant or his/her child/ward is enrolled with the programme.

11. Third party services

The suppliers providing transportation, sightseeing arrangements, tours and/or arrangements for attendance at Leopard’s Leap (“Suppliers”) are independent contractors and are not agents, affiliates, representatives or employees of Leopard’s Leap, or any of its subsidiaries, related companies or parents (“Affiliates”). Leopard’s Leap has no ownership interest in any Supplier. Any use of the Leopard’s Leap name by any Supplier is for identification purposes only and does not constitute ownership, agency, supervision or control by Leopard’s Leap.

All documentation, receipts and tickets are issued subject to the terms and conditions specified by the Supplier(s).

By utilising the services of Suppliers, you agree that neither Leopard’s Leap nor its Affiliates shall be liable for (i) any accident, loss, injury or damage to you or to those traveling with you, including, but not limited to, defects in vehicles, equipment malfunction, strikes, theft, delays, weather conditions, cancellation or changes in itineraries or schedules, or (ii) loss or damage to property or injury to persons caused by reason of any act or omission, intentional, negligent or otherwise by such Suppliers.

Leopard’s Leap makes no implied or express warranties in any offering described in Supplier materials.

I/We hereby agree to the above Terms and Conditions:

NAME:

IDENTITY NUMBER:

MOBILE:

HOME/BUSINESS ADDRESS:

DATE:

SIGNATURE: SIGNATURE OF LEGAL GUARDIAN (if applicable):

VOLUNTARY ASSUMPTION OF RISK AND INDEMNITY

NOTICE:

There are risks of harm when participating in kitchen activities or being present in a kitchen. Please read this document carefully as it contains provisions that limit the liability and responsibility of Leopard’s Leap Family Vineyards (Proprietary) Limited. Please also consult your legal advisor prior to signing this document.

I, the undersigned, hereby confirm that I and any person under my control or guardianship fully understand the risks and dangers involved in participating in the cooking and food preparation classes and demonstrations, as well as the culinary experience of food presented and conducted by Leopard’s Leap Wines Proprietary Limited (“Leopard’s Leap”) at its cooking school conducted from premises situated at R45, Main Road, Franschhoek (“School”), including without limitation, the sustaining of burns, allergic reactions, cuts and other injuries and afflictions of any nature whatsoever and whether at or near such premises whether foreseen or unforeseen, resulting from participation in cooking classes at the School and/or the personal preparation and cooking of meals for my/our consumption and/or from any other activities similar or incidental thereto. I furthermore confirm that, after duly considering the implications of the aforementioned and other potential risks and dangers, I have made an informed decision to accept and assent to such potential risks and dangers, all of which I fully understand.

I hereby irrevocably agree that the School and all its employees, sub-contractors, agents or helpers and other associated parties thereof (collectively, “Representatives”) shall not be liable to me, my estate or dependants for any loss or damage of any nature whatsoever sustained as a result of my death, injury or illness or for any loss or damage to any property occurring within or arising from my visit to the School and/or participation in any cooking and/or related activity in the School, however caused, and/or arising from the use of any liquid, foodstuff or facilities supplied or from any defect in any equipment, products or services supplied or made available or arising in any other manner and from any other cause whatsoever and to the extent that such death, injury, illness, loss or damage to any property is not attributed to School’s willful or grossly negligent conduct.

I hereby indemnify and hold blameless, and undertake to save Leopard’s Leap, the School and its Representatives harmless and any person acting for, through or on its or their behalf from any and all of the aforementioned claims and any damages, expenses, losses and/or costs whatsoever in respect thereof to the maximum extent, limited only as stated in applicable legislation.

I confirm that by signing this document I am waiving and/or restricting my right to claim any compensation and/or any damages from Leopard’s Leap, the School and the Representatives to the maximum extent permitted by law or applicable legislation. I also confirm that I have had time to review this document and been offered time to obtain legal advice prior to signing this document.

This agreement shall be governed by the laws of the Republic of South Africa and subject to the exclusive jurisdiction of the High Court of the Republic of South Africa, Western Cape Division.

NAME:

IDENTITY NUMBER:

MOBILE:

HOME ADDRESS:

DATE:

SIGNATURE:

SIGNATURE OF LEGAL GUARDIAN (if applicable):

CAPE LEOPARD TRUST FUNDRAISER COMPETITION

  1. The competition is open to all residents of South Africa, Western Cape, who are aged 18 years or older.
  2. The Promoter is Leopard’s Leap Wines (Pty) Ltd, herein after referred to as “the Promoter”.
  3. Excluded from entering this competition are employees, directors, members, consultants and partners of the advertising agency or agents of the Promoter, and their spouses, life partners, immediate family, business partners or associates.
  4. There is one prize. The prize comprises four tickets to the Cape Leopard Trust Fundraiser to the Zip Zap Circys on 3 June 2017.
  5. The competition runs until Wednesday, 24 May 2017.
  6. To enter participants must: sign up to the Leopard’s Leap Newsletter.
  7. Users may only sign-up once.
  8. However, if a user has previously won a Leopard’s Leap Wines (Pty) Ltd promotion between 31 July 2015 and 30 April 2017 they will not be eligible to win this competition.
  9. The prize cannot be transferred or exchanged for its cash value.
  10. Every valid entry will be entered into a lucky draw to win the prize.
  11. One winner will be randomly selected on Friday 26 May 2017 and notified telephonically on that day.
  12. The winners will need to provide proof of identity and date of birth in order to redeem the prize.
  13. The winners will be announced on the Leopard’s Leap website and Facebook page.
  14. The Promoter will make every reasonable attempt to contact the winner. Should we be unable to contact the winner we reserve the right to draw a new winner/s.
  15. By entering the competition and/or accepting the prize the winner hereby indemnify, release and hold harmless Leopard’s Leap and the Promoter and other, from and against any actions, claims, liability for injury, loss, damage of any kind resulting from the competition and/or prize.
  16. The Promoter’s decision is final and no correspondence will be entered into.
  17. By entering this competition, you agree to give the Promoter and its group of companies permission to keep all material and information submitted as part of your entry, on electronic or hard copy databases and filing systems for the purpose of the above mentioned competition and by entering this competition, you agree to the Promoter transferring your data to our promotional partners to enable the awarding of the winning prize.
  18. The Promoter will obtain written consent from the winners should the Promoter wish to use the names, photographs, and entries submitted by the relevant competition winners, for the purposes of unpaid publicity relating to the promotion, by the Promoter.
  19. Entry instructions are deemed to form part of the Terms and Conditions and by entering this competition all participants will be deemed to have accepted and be bound by the Terms and Conditions. Please retain a copy for your information.
  20. PROMOTER: Leopard’s Leap Wines (Pty) Ltd.