1. Introduction and Legal Terms
By accessing or using our website (https://bartracker.co.za) or our application (BARTRACKER) or any related platform or application (collectively, “the Platform”), or any of our Services, you agree that you have read, understood, and agree to be bound to the terms and conditions contained herein (“Terms”). All rights in and to the Platform always remain expressly reserved by Bartracker Proprietary Limited (“Bartracker”).
These Terms explain the conditions applicable to how you will use the Platform. Please read these Terms carefully before using the Platform or our Services. We will assume you have read and understood these Terms if you continue to access or make use of our Platform.
Please pay specific attention to the BOLD paragraphs of these Terms. These paragraphs limit the risk or liability of Bartracker, constitute an assumption of risk or liability by you, impose an obligation on you to indemnify Bartracker or is an acknowledgement of any fact by you.
The terms "user", “you" and “your” are used interchangeably in these Terms and accordingly refer to anyone accessing the Platform for any reason whatsoever. Similarly, the terms “us”, “our” or “we” refers to Bartracker or its possession.
2.Our Services
Our services include the BARTRACKER application which allows users to, amongst others, scan liquor bottles from an extensive library (to which users can manually add additional items not already listed), record the current weight of the bottle and manage liquor inventory and the remaining number of shots per bottle (“Services”).
3. Registering an Account with Us
Creating an Account: To use the Platform you must register with us and create a profile. You must provide us with all the requested information during the onboarding process which includes any relevant information that might be necessary to successfully establish your Bartracker account.
WhatsApp Communication: When you sign up to our Platform, you consent to us communicating with you via WhatsApp to engage with you for any feedback, questions and concerns you may have.
Accurate Information: When signing up you agree to provide true, accurate, current, and complete information and to update this information as and when it changes. To protect your privacy and security, we take reasonable steps to verify your identity by requiring your password together with your email address to grant you access to your account and information. Please update your information yourself through your profile or contact us to view or change your personal information provided.
Consent: By sharing your personal data with us, you warrant that the person using the Platform has the legal authority to represent your legal entity. You are responsible for the account and all the actions taken with it. We reserve the right to carry out verification checks on all accounts and suspend and/or terminate any accounts which we reasonably believe to be fraudulent.
Warranty: By sharing your personal information with us, you warrant that the person using the Platform is you or you have the authority to act on behalf of the juristic entity. You are responsible for the information you provide, and all the actions taken on the Platform. Please see our Privacy Policy for more details on how we use and process personal information.
Unlawful Access: Please let us know if you have reason to believe that your profile is no longer secure (for example, in the event of a loss, theft or unauthorised disclosure or use of your username, password, or any payment card information) to avoid possible liability for any unauthorised charges to your account.
Privacy Policy: Please see our Privacy Policy for more details on how we use and process your personal data.
4. Payment Terms and Subscriptions
Downloading: Our application may be downloaded free of charge to a compatible device from partners approved by us only. To purchase a subscription to use the Services on our application, you must use the relevant links and prompts in the appropriate Platform and pay the subscription price listed.
VAT: All advertised subscription prices are inclusive of Value Added Tax (“VAT”) and any other applicable taxes/fees, unless otherwise stated and/or required by law. Any such additional charges and VAT which will apply to a transaction, will be clearly indicated to you.
Secure Payments: We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology as operated by our authenticated payment service provider. In this regard, the terms and policies of the payment service provider will apply to you when you use their services.
Limitation: Your right to use our Platform is subject to any limits we or your credit card issuer or payment method service provider may establish. If payment cannot be charged to your payment card or payment method or a charge is returned for any reason, including chargeback, we reserve the right to either suspend or terminate an order or subscription placed and your access to the Platform and our Services. All approved payment methods are indicated on the Platform.
Promotional Offers: We may, from time to time, provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar Services or the option of receiving complimentary products or services with your order. You agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of our Services or the fee/s applicable to you.
Referral Codes: Referral discount codes may, in our discretion, be provided to existing customers for the purpose of referring new customers to our Services. A referral discount code is non-transferable and may only be used by the individual to whom it was issued. Referral discount codes cannot be combined with any other promotional offers or discounts unless explicitly stated. Referral discounts are applicable only to eligible subscriptions made on our Platform and are subject to verification by Bartracker. Referral discounts cannot be redeemed for cash. We reserve the right to modify, suspend, or terminate any referral discount program, including referral discount codes, at any time without prior notice. Abuse of referral discount codes, including but not limited to creating multiple accounts to obtain discounts, may result in the cancellation of referral discounts and termination of your account.
Demo: To understand if our Platform is the best fit for your business, we offer an opportunity to receive a free on-line demo which can be booked at a timeslot that best suits your schedule.
Free Trial: If you are happy with the demo but not entirely sold on a subscription, you can trial our Services using our free 7 (seven) calendar day trial (“Free Trial”). You will not be required to input any billing information to access the Free Trial. Once the trial period concludes we will suspend your account following the activation of a subscription package. You may only use the Free Trial once.
Subscription: When joining our Platform and signing up for our Services, we may offer you the option to subscribe for a subscription package of either 1 (one) or 12 (twelve) calendar month(s) from the date of subscription. The package is billed upfront on the day you first subscribe and will renew automatically for successive periods of 1 (one) or 12 (twelve) calendar months (as the case may be) upon the expiry of each previous period until cancelled. In our discretion, we may offer 12 (twelve) month subscription packages at a subscription price that equates to a lower monthly cost than the monthly package. You can cancel your subscription at any time if you wish to end your subscription. You will retain access until the expiry of your current subscription period paid for. Upon any such expiry of any subscription period, your account will be locked and you will not be able to use our Services until you purchase a new subscription package.
Billing: The package is billed upfront on the day you first subscribe and renews automatically. Each renewed subscription period will be billed to your chosen payment method on the date of renewal. You can cancel your subscription at any time if you wish to end your subscription.
Fees: Our subscription fee is available on the Platform and is subject to change at any time in our reasonable discretion. You will be given 30 (thirty) calendar days prior notice where there is a change in the subscription fee charged to your package. For the avoidance of doubt, such change shall be prospective and shall not affect and subscription package or period already paid for.
Invoices: You will receive an invoice for any payments made which are also available in your account.
Refunds: Unless otherwise required by applicable laws, Bartracker does not refund any fee which has been paid for any subscription package. This also means that we will not return any fee already paid where you terminate your use of the Platform or Services before the paid subscription period has lapsed entirely or where your account has been terminated for violating these Terms. Without limiting the foregoing in any way, in the event that during the first 7 (seven) days of your subscription you notify us in writing and with sufficient detail of any specific issues or problems encountered with our Platform or Services, Bartracker may (in its sole and absolute discretion), refund the whole or any portion of any subscription fees paid if, in our view, we are not able to address the issue(s)/problem(s) raised.
5. Responsibilities and Warranties
By using the Platform and/or the Services, you warrant that:
Failing which, such action will automatically and immediately be deemed to be a material breach of these Terms, allowing Bartracker to manifest all of its rights in the case of breach, including but not limited to denying you access to the Platform and Services, reporting your actions to an applicable authority, or instituting legal proceedings against you.
Connected Devices: The Platform is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any connectivity necessary to use the Platform. We do not guarantee that the Platform, or any portion thereof, will function on any particular hardware or device.
Breach of Terms: Without prejudice to any of our other rights (whether at law or otherwise), we reserve the right to deny you access to the Platform where we believe (in our reasonable discretion) that you are in breach of any of these Terms.
6. Messages and Advertising
Data Messages between You and Bartracker
Data messages, including email and WhatsApp messages, you send to us will be considered as received only when we acknowledge or respond to these messages.
Data messages we send to you will be regarded as received when the data message enters your inbox or message chat and is capable of being retrieved and processed by you.
We reserve the right not to respond to any email or other data message that contains obscene, threatening, defamatory or otherwise illegal, unlawful, or inappropriate content, and to take appropriate action against the sender of such email or data message if necessary.
Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost, or corrupted. We are therefore not responsible for the accuracy or safety of any message sent by email or over the internet.
Hyperlinks, Deep Links, Framing
The Platform may include links to other websites ("other sites"). Bartracker does not own or endorse these other sites and is not responsible for the information, material, products, or services contained on or accessible through these other sites. Any hyperlinks do not imply any endorsement, agreement on or support of the content or products of these other sites.
Your access and use of the other sites remain solely at your own risk and on the terms set by the operator of any other site.
7. Intellectual Property
Platform IP: All Platform website/application layout, website/application content, material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, user interface design and layout, trade names, logos, trademarks, designs, copyright and/or service marks, together with the underlying software code, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by Bartracker, its shareholders, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
User submitted IP: All rights to any intellectual property provided by you to the Platform will remain with you, but for which you have provided Bartracker with a non-exclusive, non-transferable license to use such intellectual property as is necessary to provide you with our Services, for as long as you remain registered with the Platform.
No Modification of IP: Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Platform are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell, or transfer any intellectual property, editorial content, graphics or other material or the underlying software code whether in whole or in part, without our prior written consent, which consent may be refused at our discretion. No modification of any intellectual property or graphics is permitted. Should you breach these provisions, Bartracker and/or the rightful intellectual property rights owner may launch legal proceedings against you for a breach of contract, resulting in a claim of damages against you.
Updates: We reserve the right to make improvements or changes to the intellectual property, information, videos, graphics, and other materials on the Platform, or to suspend or terminate the Platform, at any time without notice; provided that any transactions already concluded, will not be affected by such suspension or termination (as the case may be) or will be appropriately refunded on a pro rata basis.
Third Party IP: Where any intellectual property has been licensed to us or belongs to any third party all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time, and you agree to comply with such third-party terms and conditions.
User License: Subject to adherence to the Terms, we grant to you a single, personal, revocable, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained in our application on any compatible machine (one device at a time) which you are the user of. However, nothing contained on the Platform or in these Terms should be construed as granting any licence or right to use any intellectual property without our prior written consent.
8. Indemnities, Disclaimers, And Warranties
Disclaimers
The Platform and Services, including intellectual property appearing therein, are provided "as is" and "as available". We make no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness, or suitability of either the Platform or the Services.
All content, information, and/or opinions of users made available on the Platform in relation to any of the Services are those of the authors and not Bartracker. While we make every reasonable effort to present such information accurately and reliably on the Platform we do not endorse, approve, or certify such information, nor guarantee the accuracy or completeness of such information on the Platform.
Bartracker, its shareholders, directors, employees, and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential, or arising from information made available on (or by means of) the Platform and/or transactions or actions resulting therefrom or from the Services offered.
Bartracker, its shareholders, directors, employees, partners, and affiliates, accept no liability whatsoever for any costs, expenses, fines, or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of the Services, and access to, or use of, the Platform in any manner.
We take reasonable security measures to ensure the safety and integrity of the Platform and to exclude viruses, unlawful monitoring and/or access from the Platform offline. However, we do not warrant or represent that your access to the Platform will be uninterrupted or error-free or that any information, data, content, software, or other material accessible through the Platform will be free of bugs, viruses, worms, trojan horses or other harmful components.
Your access to and use of the Platform remains solely at your own risk, and you should take your own precautions accordingly.
Whilst we endeavour to ensure that the library of liquor or other products in our application database is extensive, we cannot guarantee that any particular product will be contained in the library.
We will use reasonable efforts consistent with prevailing industry standards to maintain Services in a manner which minimises errors and interruptions in Services. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by us or by third-party providers, or because of other causes beyond our reasonable control, but we will use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled Service disruption. However, we do not warrant that Services or Platform access will be uninterrupted or error-free; nor do we make any warranty as to the results that may be obtained from the use of Services. Services are provided "as is" and we disclaim all warranties, express or implied.
Indemnities
You indemnify and hold harmless Bartracker, its shareholders, directors, employees, and partners from any demand, action or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party, and arising out of or in connection with your use of the Platform and/or Services offered or any transaction concluded through the Platform in any way.
You agree to indemnify, defend, and hold Bartracker, its shareholders, directors, employees, and partners harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to your breach of these Terms.
This clause will survive termination of these Terms.
9. Dispute Resolution
Negotiation: Should any dispute, disagreement or claim arise between you and Bartracker concerning the use of the Platform or the Services, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
Mediation: Should these parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties may approach an independent industry expert who will mediate the discussions between them to find a mutually beneficial solution.
Arbitration: If the dispute is still not resolved after such mediation, the parties may commence and be party to binding and confidential arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa (“AFSA”), with an arbitrator selected by Bartracker.
Jurisdiction: Notwithstanding the above, both parties' consent to the jurisdiction of an appropriate South African court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.
No publication: The parties both agree that in no circumstance will either party publicise the dispute on any social media or other public platforms. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.
10. Termination of Use
IN ADDITION TO OUR OTHER RIGHTS HEREIN, WE RESERVE THE RIGHT TO RESTRICT AND/OR TERMINATE YOUR USE OF OUR SERVICES/PLATFORM IF YOU BREACH ANY OF THESE TERMS, OR FOR ANY OTHER REASON IN OUR SOLE DISCRETION PROVIDED THAT WE GIVE REASONABLE NOTICE TO YOU.
If you wish to terminate your agreement with us and these Terms, you may do so by ending your use of the Services and our Platform and cancelling your subscription on the Platform. Such termination will however not have any effect on the continued and comprehensive functioning or legitimacy of any lawful rights which we may have at the time of said termination.
11. Notices and Service Address
Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:
Each of the parties will be entitled from time to time, by written notice to the other to vary its service address to any other address which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) calendar days after service of the notice in question.
Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
12. Company Information
Site owner: Bartracker Proprietary Limited
Legal status: Private Company
Registration number: 2023/736015/07
Description of business: Application for liquor inventory management
Telephone number: (+27) 79 282 4608
Email address: info@bartracker.co.za
Platform address: https://bartracker.co.za
Physical address: 22, Ibiswood, Dana Street, Summerstrand, Gqeberha, 6001, Eastern Cape, RSA
Postal address: 22, Ibiswood, Dana Street, Summerstrand, Gqeberha, 6001, Eastern Cape, RSA
13. General
Relationship Between the Parties: The relationship of the parties, inter se, shall be governed by these Terms and nothing contained herein shall be deemed to constitute a partnership, joint venture, employer/employee agreement, agency agreement, or the like between them. No party shall by the reasons of the actions of the other party incur any personal liability as co-partner to any third party.
Force Majeure: If either party is prevented, whether in whole or in part, or delayed from performing any of its duties, functions or obligations under these Terms, whether timeously or at all, due to an event out of their control (which for the purposes hereof shall mean war, political riots, civil commotions, electrical load-shedding or surges, legal prohibitions or restrictions, epidemics, pandemics, governmental lockdowns, fire, floods or other similar natural disasters), then such failure shall not constitute a breach under these Terms, and the obligation to perform shall be suspended to the extent and during the continuance of such prevention provided that the parties shall use their reasonable commercial endeavours to minimise any delay occasioned.
Change Without Notice: The Platform and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective once we upload the amended Terms to the Platform. Your continued access or use of the Platform constitutes your acceptance to be bound by these Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.
No Indulgence: No indulgence, leniency or extension of time granted by Bartracker shall constitute a waiver of any of Bartracker’s rights under these Terms and, accordingly, Bartracker shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the client which may have arisen in the past or which might arise in the future.
Headings as Reference: The headings to the paragraphs in these Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
Governing Law: Your access and/or use of the Platform and/or the Services and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the Republic of South Africa.
Failure to Pay: In the event of a client failing to pay any amount timeously or breaching these Terms, the client shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by Bartracker in relation to the payment failure or breach.
Severability: Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if for any reason any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
Prohibited Provision: No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto ("Prohibited Provision"). Any breach of any such Prohibited Provision shall be governed by the provisions severability above.
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.