This privacy policy describes how and why we obtain, store and process data which can identify you. We may update this policy from time to time and shall indicate on the website when any changes have been made.

The Information we collect
Information is collected from you when you register with us, or when you contribute to or use some of the advanced features on the site. The information we collect is clearly set out on the web page where we collect it. See for example our contact us page. In addition, we may collect your IP address and use cookies unless you configure your web browser not to accept them.

Why we collect it
We collect information about you so that we can personalise your use of the site, assist your use of the site and improve the site generally. Depending upon your selections for our data protection questions, we may arrange for you to be sent information about related products and services from us and carefully selected third parties. You may update the answers to your data protection questions at any time.

Who we disclose it to
We will only pass on information about you as an individual (as opposed to aggregate information) to third parties to enable us to perform services requested by you or with your prior consent.

If you give your consent, we will pass your contact details to third parties who may then occasionally send communications to you to provide information, offers and services that may be of interest to you.

In certain circumstances, we may need to disclose information about you, if you breach this privacy policy or if you breach the Terms and Conditions. We may also disclose or access your account if required to do so by law or by any Governmental body.

Data Protection
The preamble to the Protection of Personal Information Bill, 2009 (“POPI”) states that it will regulate, in harmony with international standards, the processing of personal information by public and private bodies in a manner that gives effect to the right to privacy subject to justifiable limitations that are aimed at protecting other rights and important interests.

Users of the By Word of Mouth website acknowledge that By Word Of Mouth takes the protection of personal information seriously, and in particular the compliance with data privacy laws such as POPI.

Security
Keeping information about you secure is very important to us and certain sections of the site may encrypt data using SSL or a comparable standard. However, no data transmission over the Internet can be guaranteed to be totally secure. As a result, whilst we strive to protect your personal information, we cannot ensure or warrant the security of any information which you send to us, and you do so at your own risk.

Accessing and updating your personal information
We will always let you have a copy of personal information we have about you, should you request it, and you may correct it if you wish. Instructions about how to do this are available from the By Word of Mouth website.

Questions
If you have any questions or complaints relating to this Privacy Policy or how we use the personal information we have about you, please contact us on the By Word of Mouth website. We will endeavour to respond to you promptly.

1. Quotation
All quotations (“the quotation”) by It’s a Matter of Taste CC, CK Registration Number: CK1994/022600/23 t/a By Word of Mouth (“the Supplier”) as requested by any client whereby the Supplier renders its services at any function (“the function”) shall be strictly valid for a period of 7 (seven) days from date of the quotation. For the purposes of this agreement “services” shall mean the provision of the following: catering, hiring and décor, floral design, venue hire, beverages, entertainment, staff, sports suite management and event management.

2. Confirmation and payment

2.1 The onus shall be on the client to book and confirm the services of the Supplier by signing the quotation referred to in 1 and:
2.1.1 delivering to the Supplier the quotation which shall incorporate these terms and conditions;
2.1.2 simultaneously upon delivery of the signed quotation in terms of 2.1.1, the Supplier shall furnish the client with a deposit invoice which shall be payable as per 2.2 below. The balance of the amount quoted shall be invoiced 30 days prior to the function date and shall be payable as per 2.2 below.
2.1.3 in the event of either of the invoice payments in terms of 2.1.2 and 2.2 not being paid timeously by the client, the Supplier shall have the right to terminate the services to be rendered to the client for the function, and the client, by signing the quotation, agrees that it shall have no claim against the Supplier irrespective of the nature thereof and howsoever arising.

2.2 Invoices shall be due and payable upon presentation to the client and payment may be made by means of automated electronic transfer directly into the quoted bank account of the Supplier initially being:
Account Name: It’s a Matter of Taste
Bank: Standard Bank of SA Limited
Branch: Jan Smuts Avenue
Branch Code: 004205
Account Number: 001879138
2.2.1 In the event that the client cancels a function or the Supplier cancels in terms of 2.1.3 above, for which a signed quotation has been received by the Supplier, all payments received by the Supplier from the client, shall not be refundable to the client and shall be forfeited rouwkoop and the client waives any claim and right thereto. In addition, the client agrees it shall be liable for a cancellation fee over and above the deposit invoice, which will be equal to the difference between 50% of the quoted amount for the function and any deposit invoices for which payment has been received. The client agreeing that any such monies shall be deemed to be pre-estimated liquidated damages arising from the cancellation of the services of the Supplier by the client.

3. Quantum of persons and dietary requirements
3.1 The client shall, in writing, inform the Supplier by no later than 7 (seven) days prior to the day of the function of:
3.1.1 the total number of persons who shall attend the function; and
3.1.2 any special dietary requirements for persons attending the function.

3.2 In the event that:
3.2.1 the number of persons increase within the 7 (seven) day period prior to the date of the function, then in such an event, such additional persons shall be charged for at a rate of 150% (one hundred and fifty per centum) per person of the quoted menu price in terms of the quotation; or
3.2.2 the number of persons decrease within the 7 (seven) day period prior to the date of the function, then and in such an event, the client shall remain liable for the original amount of persons which the Supplier have been requested to cater for at the function.

4. Amendment of Quotation
4.1 Menu prices are prepared and quoted on the basis of the specific number of persons as provided by the client to the Supplier, which menu price shall be subject to alteration depending on the final number of persons attending the function as confirmed by the client.
4.2 The contents of all menus, decoration of the venue or any other items that the Supplier shall supply are subject to market availability and the client shall be notified of the non availability of same and shall notify the client of any alternative arrangements which may be made.
4.3 The client shall, to the extent that it wishes to vary the quotation, inform the Supplier in writing by no less than 7 (seven) days prior to the date of the function. The Supplier shall use its reasonable endeavours to comply with any such requests for variation of services, which shall be subject to the sole and exclusive discretion of the Supplier.
4.4 the Supplier shall, in its sole and exclusive discretion, remove any food which it deems to be unsafe for human consumption due to the time lapsed from preparation to the date of the function and shall not be held responsible for the safety of any food supplied to it by the client or any other third party for the function.

5. Limitation of liability
The Supplier:
5.1 Shall not be liable for damage or loss of goods which have been supplied by the client to the Supplier and accordingly, the client indemnifies the Supplier against all and any claims in respect thereof.
5.2 Shall not be liable for any damage or injury caused during the provision of the services by whatsoever nature and howsoever arising and/or suffered by the client or any person attending a function, and the client indemnifies and holds the Supplier harmless against any such damage and/or injury that may be suffered by the client, any person attending the function.
5.3 Shall not be liable for any damage caused to any vehicles belonging to the client and/or other third parties except insofar as the damage is caused intentionally or the Supplier is grossly negligent in causing such damage.
5.4 Accepts no liability for any loss, damage or consequential loss caused by the Supplier’s failure to perform its obligations, whether the failure is due to negligence on the part of the Supplier, its officers, its employees or sub contractors or due to any other causes). Neither the Supplier, its members, officers, employees or sub-contractors shall in any way, manner or form be liable under any circumstances for any loss or damage of any nature, including loss of profits, loss of business, or for any indirect, special, incidental or consequential damages of any kind in respect of these terms and conditions or otherwise, even in the event that the Supplier has been advised of the possibility of damages.
5.5 Shall not be liable for any losses arising out of a result of the interruption of utilities, (water, electricity, sanitary) before, during or after the provision of the services.

6. Loss and damage of equipment at the function
The client shall be liable for any loss or damaged caused to any item of equipment supplied in terms of the signed quotation. The client is required to check and sign for any equipment delivered in terms of the quotation and is responsible for the safekeeping of the equipment until the equipment is collected by the Supplier after the function.

7. Force majeure
The delay or failure to comply with or breach any of the terms and conditions contained herein if occasioned by or resulting from an act of God or public enemy, fire, explosion, earthquake or the perils of the sea, flood, storm or other adverse weather conditions, war declared or undeclared, civil war, revolution, civil commotion or other civil strife, riot, strikes, lockouts, blockage, embargo, sanctions, epidemics, act of any Government or other authority, compliance with Government orders, demands or regulations, or any circumstances of the like or different nature beyond the reasonable control of the party so failing, will not be deemed to be a breach of these terms and conditions nor will it subject either party to any liability to the other. Should either party be prevented from carrying out its contractual obligations by force majeure, by no later than 7 (seven) days prior to the function, the parties shall consult with each other regarding the future implementation of these terms and conditions. If no mutually acceptable arrangement is arrived at within a period of 7 (seven) days thereafter, either party shall be entitled to terminate the agreement forthwith on written notice and both parties shall waive any and all claims, if any, against each other.

8. Cession
The Supplier shall be entitled to cede, assign, transfer, encumber or delegate any of its rights or obligations in terms of these terms and conditions without the prior written consent of the client having been obtained.

9. Breach
Should any party commit an irremediable material breach or a remediable breach of any material provision of this agreement and fail to remedy such breach within 7 (seven) days after receiving written notice from any other party requiring it to do so, then the party aggrieved by such breach shall be entitled, without prejudice to its other rights in law, to cancel the services of the defaulting party or to claim specific performance of all the defaulting party’s obligations whether or not such obligation would otherwise then have fallen due for performance, in either event without prejudice to the aggrieved party’s right to claim damages insofar as the terms and conditions herein allow for same.

10. New laws and inability to perform
10.1 If any law comes into operation subsequent to the signature by the client of these terms and conditions, which law affects any aspect or matter or issue contained in these terms and conditions, both the Supplier and the client undertake to enter into negotiations in good faith regarding a variation of these terms and conditions in order to ensure that neither these terms and conditions nor the implementation thereof constitutes a contravention of such a law.
10.2 If the Supplier or the client is prevented from performing any of its obligations in terms of these terms and conditions as a result of any existing or new law or as a result of any event beyond its reasonable control, whether or not foreseeable, including general power failures, breakdown of telecommunication, networks or computers, political intervention, sanctions or insurrection, it shall not be liable for any failure to perform its obligations under these terms and conditions while such event persists.

11. Good faith
Each party hereby undertakes to exercise utmost good faith in its dealings with the other party in all matters concerning the execution of these terms and conditions.

12. Governing law
The validity and interpretation of these terms and conditions will be governed by the laws of the Republic of South Africa.

13. General
13.1 These terms and conditions constitute the sole record of the agreement between the parties.
13.2 No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.
13.3 No addition to, variation, or agreed cancellation of these terms and conditions shall be of any force or effect unless in writing and signed by or on behalf of the parties.
13.4 No indulgence which any party may grant to another shall constitute a waiver of any of the rights of the grantor, who shall not thereby be precluded from exercising any rights against the grantee which may have arisen in the past or which might arise in the future.

14. Variation
No addition to or variation, consensual cancellation or novation of these terms and conditions and no waiver of any right arising from these terms and conditions or its breach or termination shall be of any force or effect unless reduced to writing and signed by all the parties or their duly authorised representatives.

15. Relaxation
No latitude, extension of time or other indulgence which may be given or allowed by any party to the other party in respect of the performance of any obligation hereunder, and no delay or leniency in the enforcement of any right of any party arising from these terms and conditions, and no single or partial exercise of any right by any party under these terms and conditions, shall in any circumstances be construed to be an implied consent or election by such party or operate as a waiver or a novation of or otherwise affect any of the party’s rights in terms of or arising from these terms and conditions or estop or preclude any such party from enforcing at any time and without notice, strict and punctual compliance with each and every provision or term hereof.