TERMS AND CONDITIONS
This website is made available by the proprietor as described on the “Home” / “Landing” page of this website. Any reference to "we", "our" or "us" includes, the employees of the proprietor’s employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers, successors, assigns and suppliers.
1. Understanding these Terms
1.1 These terms and conditions ("Terms"):
(i) describe how you may access, use, refer to, view and/or download the information made available by us on the Website for whatever purpose, the Website, and the content on it;
(iii) describe how you may order the products (“Products”) on the Website, and will become binding on you when you submit an order for Products;
1.2 You agree that you are solely responsible for obtaining and maintaining all facilities, services, products and equipment which may be required by you to use the Website and the Services, including currently updated anti-virus software. You must, at all times, provide your own hardware, software as well as a modem and internet connectivity and telecommunications infrastructure.
1.3 When certain words and phrases are used in the Terms, they have specific meanings (these are known as "defined terms"). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
1.4 When we refer to “users”, "you" or "your" we mean you, the person accessing or using the Website.
2. The Website
2.1 The Website is made available free of charge. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue, update, or change all or any part of the Website and the content without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period. We will not be liable for any damage, loss or liability of whatsoever nature arising from your use of or inability to use the Website or the Services or content provided from and through the Website. Furthermore, we make no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from the Website are free from errors or omissions or that the Services will be 100% error free or be accessible from all browsers or operating systems.
2.3 The Website and the content on it are provided for general information purposes only. They are not intended to amount to advice (medical or otherwise) on which you should rely.
2.4 You may only use the Website for your own domestic, private and non-commercial use.
2.8 You may print a copy of the Terms. If you have any difficulty printing the Terms or need assistance in obtaining a hard copy or electronic copy, you may contact our support team via email.
2.9 We have taken all reasonable and foreseeable steps and precautions to ensure the accuracy of all of the content available on the Website however the content is intended and produced for general information purposes only, and to the extent allowed by law and you should not rely upon it as specific advice of any kind.
2.10 You understand and agree that the information, details and descriptions set out on this Website, including the details regarding the menus, Products, services, and available careers, may change from time to time. This Website may therefore not always contain the correct or most up-to-date information, details and descriptions relating to our Services.
2.11 You acknowledge that any information in respect of nutrition on the Website is not intended to, and does not, constitute professional advice or a replacement or substitute for professional advice of any nature whatsoever.
3. Your account and password
3.1 You will need to register an account with us on all the online ordering platforms in order to access certain services available on the various online platforms ("Account"). If you register an Account, you will be asked to provide your email address and create a password as part of our security procedures. You must treat such information as confidential and you must not disclose it to any third party. It is best practice to create different passwords for each account.
3.2 You must be at least 18 years old to register an account.
3.3 We have the right to disable any Accounts and/or passwords, at any time, if in our reasonable opinion, you have failed to comply with any of the provisions of the Terms.
3.4 If you know or suspect that anyone other than you know your Account login details, you must immediately change your password.
3.4 You are responsible for any unauthorised use of your Account login details.
4. Acceptable use
4.1 You agree not to (i) use the Website in any way that breaches the Terms or any applicable local, national or international law or regulation; (ii) copy, or otherwise reproduce or re-sell any part of the Website unless expressly permitted to do so in the Terms; or (iii) do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Website, the Services or any equipment, network or software used in operating the Website.
4.2 You must not perform any act which may jeopardise or interfere with the functionality or the operation of any part of the Website or our Services.
4.3 You may not use the Website for "spoofing", "hacking", "flaming", "cracking", "phishing" or "spamming" or any other activity designed or aimed at achieving purposes similar to or the same as "spoofing", "hacking", "flaming", "cracking", "phishing" or "spamming".
4.4 You will not intercept any information transmitted to or from us or the Website which is not intended by us to be received by you.
4.5 The Website and the content may only be used by you for lawful purposes and you will not use the source code of the Website or the content.
4.6 You will not: (i) frame, modify, distribute, commercialise, exploit and/or alter the Website or the content; (ii) incorporate any part of the content in any other work or publication; and/or (iii) perform any other act which may not be considered fair use. On notice from us, you agree to stop any activity which we do not consider, in our sole and absolute discretion, to constitute fair use.
4.7 You are permitted to create a hyperlink to the Website so long as the link does not portray us in a false, confusing, misleading, derogatory, or otherwise offensive manner or in any way associate us with any derogatory or otherwise offensive content. You also agree to ensure that any hyperlink to the Website is clearly visible.
4.8 Hyperlinks provided on this Website, are provided "as is" and we do not necessarily agree with, edit or sponsor the content on such websites. No person, business or website may frame this Website or any of the pages on this Website in any way whatsoever.
4.9 The Website and the Services available through the Website may contain links to other third-party websites, including (without limitation) social media platforms ("Third-Party Websites"). If you link to Third-Party Websites, you may be subject to those Third-Party Websites’ terms and conditions and other policies.
4.10 We assume no responsibility for the content of Third-Party Websites linked to from the Website. Such links should not be interpreted as endorsement by us of those Third-Party Websites. We will not be liable for any loss or damage that may arise from your use of them.
4.11 Any restrictions on the use of the Website or the content shall also apply to any part of the Website or the content which may be cached when using the Website or the content.
4.12 You will not, and you will not allow a third party to:
4.12.1 decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats, programming of the software forming part of the Website and/or the content ("the Software") or any files contained in or generated by the Software by any means whatsoever;
4.12.2 remove any product identification, copyright or other notices, from the Software or documentation;
4.12.3 lend to a third party or use any portion of the Software (whether or not modified or incorporated with other software) on or with any machine or system other than your hardware; or
4.12.4 disseminate performance information or analysis of the Software from any source relating to the Software.
4.13 If it is the case that you supply/upload any content to the Website – whether it be pictures, text, sound recordings or whatever – the content you supply ("User Generated Content") must comply with the following rules:
4.13.1 it must not be obscene, abusive, offensive, sexist or racist and it must not promote or propose hatred or physical harm against anyone;
4.13.2 it must not harass or bully another person;
4.13.3 it must be true and honest so far as you know;
4.13.4 it must not be defamatory of anyone;
4.13.5 it must not use the material or content or infringe the rights or privacy of anyone else; for example, you should not use images of well-known characters, footage or music (unless it is your own);
4.13.6 it must not contain someone else’s personal details or confidential information relating to other people; and
4.13.7 it must not promote or condone terrorism, violence or illegal behaviour.
4.14 We reserve the right to refuse to accept or refuse or cease to use any User Generated Content supplied by any person at our sole discretion if we believe it contravenes these rules.
4.15 In addition, we may from time to time provide interactive services on the Website that shall enable you to upload User Generated Content, including, without limitation (i) comment facilities; (ii) chat rooms; and/or (iii) bulletin boards, (together "Interactive Services").
4.16 Where we provide an Interactive Service, we will use reasonable endeavours to provide information to you about the kind of service offered and if it is moderated. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide.
4.17 The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online. Minors who are using any Interactive Service should be made aware of the potential risks to them.
4.18 We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website and we recommend that you use your own virus protection software which is updated with the latest virus signatures.
4.19 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website and the Services will cease immediately.
4.20 We do not permit copyright infringing activities and infringement of intellectual property rights on the Website, and we may, at our sole discretion, remove any infringing content if we are of the view that such content infringes on another's intellectual property rights or our own.
5. Intellectual property
5.1 We are the owner or licensee of all intellectual property rights in the Website and its content, the all names and marks and product names, images and packaging. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
5.2 You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms. You must not use any of the online ordering platforms and/or the Website (or any part of it or its content) for commercial purposes; however, you may download material from the Website solely for non-commercial, personal use by you.
5.3 No part of the Website, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.
5.4 Any communications or materials you send to us through the Website by electronic mail or other means will be treated as non-proprietary and non-confidential (other than communications in respect of your order if you use the Website to buy Products from us). We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our Products. In particular, you grant us a non-exclusive, transferable, perpetual, royalty-free, worldwide licence to copy, use, reproduce, distribute, display, publish, adapt, prepare derivate works of and/or amend any User Generated Content in any format, including in our Services and Products for any purpose including in relation to the promotion of our Services and Products.
6. Our liability
6.1 Nothing in the Terms excludes or limits our liability in terms of the Consumer Protection Act, or where the Consumer Protection Act does not apply, the common law for (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; and (iii) any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
6.2 If we fail to comply with the Terms, except where otherwise provided for in the Consumer Protection Act, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the Website.
6.3 We only supply the Website for domestic and private use. You agree not to use the Website, or any content on the Website, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7. Ordering Online
7.1 You may order Products using this online ordering platform, which will be subject to the Online Terms and Conditions.
7.2 You may also order Products for collection in-store. You will be required to elect whether to pay for such order when you collect your Products from the restaurant or to make use of our online payment platform. Whilst the Online Terms and Conditions do not apply to collection orders made by telephone, clauses 7.17 (Products) and 7.19 (Online Ordering Liability) below will apply (and, for those purposes, “Order” will be read to include a telephone collection order).
7.3 When ordering Products online you should check all of the information that you enter and correct any errors before submitting your Order, as once your Order is submitted we will begin processing it immediately and you may not be able to correct any errors as set out in clauses 7.13 to 7.16 (Cancellation and Refunds).
7.4 Your Order constitutes an offer to us. We will confirm our acceptance of your Order by sending you confirmation. The Online Terms and Conditions will become legally binding on you and us when we send you the Confirmation and each Order shall incorporate the Online Terms and Conditions and shall be a new and separate contract between you and us.
Collection and Delivery
7.5 Please note that all indicative collection times are estimates and the actual collection time may vary from this indicative collection time. Your indicative collection time will be set out during the Order process.
7.6 If you do not collect your Order within three (3) hours of your indicative collection time (provided it is within trading hours), your Products will be disposed of and you will not receive a refund.
7.7 Please note that all delivery times are estimates and the actual delivery time may vary from this estimate. You should also be aware that you cannot change your delivery address after you have submitted your Order.
7.8 If, during delivery of an Order, you or your authorised representative as specified in your Order (as appropriate) fail to take delivery of the Products within twenty (20) minutes of the delivery driver's arrival and offering you delivery of the Order (other than due to our material breach of the Online Terms and Conditions): (i) the delivery shall be aborted; and (ii) you will not receive a refund for your Order.
7.9 You will:
7.9.1 ensure that either you or your authorised representative (as specified in the Order) are present to take delivery of the Products at the delivery place specified in your Order;
7.9.2 provide us with your up-to-date contact details in your Account and/or Order.
7.10 The prices for the Products and (if applicable) for delivery are set out on the Website and are inclusive of VAT. Please note that if your delivery Order is below a minimum value then an additional charge, as set out on the Website during the ordering process, may also apply.
7.11 It is always possible that, despite our best efforts, some of the Products may be incorrectly priced. We will normally check prices before accepting your Order so that, where a Product's correct price at the time of your Order is less than our stated price at that time, we will charge the lower amount. If the Product's correct price at the time of your Order is higher than the price stated to you, we will contact you for your instructions before we accept your Order.
7.12 If your payment is not authorised, your Order will not be sent through to the restaurant or fulfilled or you will be required to make payment upon delivery via credit / debit card.
Cancellation and Refunds
Cancellation/changes to an Order
7.13 You may not request that your Order is cancelled or changed after it has been submitted and preparation has commenced.
7.14 Should you wish to change or cancel your Order (provided that preparation has not commenced) you can do so by phoning our Customer Care Team (see below for the contact details).
7.15 You have legal rights in relation to Products that are not as described, faulty or otherwise not fit for purpose. If you believe that any Products that you have ordered and received do not conform with the Online Terms and Conditions, please contact our Customer Care Team.
7.16 If, due to unforeseen circumstances, we are unable to fulfil your Order or any of the Products in a particular Order, we will refund the value of the ordered Product(s) and any delivery charges or, by agreement, supply an equivalent Product. You may obtain a refund by contacting our Customer Care Team.
Products & allergy disclaimer
7.17 We endeavour to provide information on any allergens that the Products may contain on the Website and make every attempt to identify ingredients that may cause allergic reactions (Milk, Nuts, Soy, Sesame Seed, Soya, Garlic, Gluten and Sulphites). There is, however, always a contamination risk as we use products such as eggs in our kitchen. Although we have cross contamination policies, we cannot guarantee a total absence of these products, therefore any customer with an allergy should be aware of the risk and should ask a member of the team for information on allergen content of our food.
7.17.1 because all Products are cooked to order in the same kitchen we cannot guarantee, and we make no warranty that the Products will not contain any allergens.
7.17.2 the kitchen is a busy working environment and there is a risk of cross-contamination between ingredients;
7.17.3 in respect of collection Orders, Customers with special dietary needs should contact the relevant restaurant (using the telephone number listed on the Website) before they place their order to allow staff to take all reasonable precautions to avoid cross contamination;
7.17.4 in respect of delivery Orders, Customers with special dietary needs should contact our Customer Care Team before they place their order to allow staff to take all reasonable precautions to avoid cross contamination; and
7.17.5 you need to consult our menu terms and conditions for further information regarding allergens in the Products.
7.18 Our Products are freshly prepared and although we try our best to be consistent at times the size of the portions can vary.
Online Ordering Liability
7.19 Nothing in the Online Terms and Conditions excludes or limits our liability under the Consumer Protection Act or where said Act is not applicable, the common law for:
7.19.1 death or personal injury caused by our negligence;
7.19.2 fraud or fraudulent misrepresentation; and
7.19.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
7.20 If we fail to comply with the Online Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Online Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that the contract between you and us for your Order became binding (i.e. when the Confirmation Email for that Order was issued).
7.21 We are under a legal duty to provide you with Products that are in conformity with the terms applying to your Order.
7.22 Notwithstanding clause 7.20, and subject to clause 7.19, our maximum liability to you under the Online Terms and Conditions in respect of any particular Order will be limited to the value of that Order (which includes any delivery charges) as set out in the relevant Confirmation Email.
8. Suspension and Termination
8.1 If you breach any of the Terms, we may immediately do any or all of the following (without limitation):
8.1.1 issue a warning to you;
8.1.2 temporarily or permanently remove any User Generated Content uploaded by you to the Website;
8.1.3 temporarily or permanently withdraw your right to use the Website;
8.1.4 suspend or terminate your Account (and any refunds for outstanding Orders will be in our sole discretion);
8.1.5 issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);
8.1.6 take further legal action against you; and/or
8.1.7 disclose such information to law enforcement authorities as we reasonably feel is necessary to do.
9. Your personal information
10. Changes to the Terms
10.1 We may make changes to the Terms from time to time provided that the Online Terms and Conditions applicable at the time of your Order will apply to that Order. Please check the Terms regularly to ensure that you understand what is applicable at the time that you access and use the Website, Services, and/or online ordering of Products.
11. Other important information
11.1 Each of the clauses of the Terms operate separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
11.2 If we fail to insist that you perform any of your obligations under the Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will
12. Governing law and jurisdiction
12.1 The Terms and the relationship between us shall be governed and construed in accordance with South African law. Any disputes arising in connection with the Terms and our Services shall be subject to the exclusive jurisdiction of the Magistrates Court, South Africa. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision.
12.2 The termination of any contract created by the Terms will be without prejudice to any other rights or remedies that you or we may be entitled to under the contract or at law, and will not affect any of our or your accrued rights or liabilities nor the coming into or continuance in force of any provision of these Terms which is expressly or by implication intended to come into or continue in force on or after such termination.
12.3 If the Terms or any contract governed thereby or the Services provided and/or made available on the Website are regulated by or subject to POPI and/or the Consumer Protection Act 68 of 2008, as may be amended from time to time (the "CPA"), it is not intended that any provision of the Terms contravene any provision of POPI and/or the CPA. Therefore, all provisions of the Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of POPI and/or the CPA are complied with.
13. Promotions & Competitions
13.1 Certain parts of the Website may contain competitions or promotions from us or third parties. The terms and conditions for those competitions and promotions will be specified on the relevant part of the Website from time to time. By entering or participating in a competition or promotion you agree to be bound by the relevant terms and conditions. Notwithstanding any specific terms and conditions, we specifically retain the right, at any time and without notice, to remove, alter or add to competitions or promotions on the Website without any liability to you.
14.1 As far as the law allows, you agree to defend, indemnify us and hold us harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from:
14.1.1 your use of and access to the Website and/or the Services;
14.1.2 your violation of any term of the Terms;
14.1.3 your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; and/or
14.1.4 any claim that your content caused damage to a third party.
14.2 This defence and indemnification obligation will survive termination, modification or expiration of the Terms and your use of the Services and the Website.
15.1 You may not transfer or assign the Terms and any rights and licenses granted hereunder. We may assign such Terms and any rights and licences without restriction. Any assignment or transfer by you shall be null and void.
Successors and Assigns
15.2 These Terms shall inure to the benefit of and be binding upon our and/or your party's successors and assigns as may be applicable. Violation of Terms
15.4 By using the Website and/or the Services, you agree that all contracts, notices, disclosures and other communications sent by you or us satisfy any legal requirements, including but not limited to the requirement that such communications should be "in writing". For the purposes of this clause, a "data message" means data generated, sent, received, or stored by electronic means.
15.5 You agree specifically that:
15.5.1 the contract will be treated as if it was concluded at our physical address on the date on which you first made any use of the Website and/or Services;
15.5.2 an electronic signature is not required by you or us for purposes of agreeing to the Terms;
15.5.3 your use of the Website and/or the Services is sufficient evidence of your agreement to the Terms;
15.5.4 any data message sent by either you or us to the other will be deemed to have been sent from our physical address if neither your usual place of business nor residence is located within South Africa;
15.5.5 subject to the further provisions of the Terms, any communication sent to you by an information system programmed to operate automatically on our behalf will be a data message attributable to, or authorised by us; and
15.5.6 subject to the further provision of the Terms, a data message sent by you to us will only be treated as having been received by us when an acknowledgement of receipt is sent by us personally or a person who has authority to act on our behalf in respect of that data message.
16.1 The vendor sells alcohol under the liquor licence number as set out on the “Home”/ “Landing Page” of this website.
16.2 It is an offence in terms of South African liquor legislation for any person under the age of 18 (eighteen) years of age to purchase or attempt to purchase an alcoholic beverage. Any such purchase shall not be honoured by and we reserve the right to request proper identification on the delivery / collection of any product which is alcoholic in nature.
16.3 The proprietor holds a retail liquor licence and therefore any purchaser of liquor from the website warrants the he/she is not purchasing any alcohol for the purpose of resale or any other similar means of disposing of alcohol.
16.4 We reserve the right to cancel any order of alcohol should the purchase or delivery of such alcohol be deemed illegal or improper by the laws of the Republic of South Africa and cannot be held liable should any user purchase or attempt to purchase alcohol when such a purchase is illegal.
16.5 Our delivery personnel/representative/agent has the right to request an acceptable form of identification be presented by the purchaser on delivery of any alcohol. Should such identification not be presented we reserve the right to cancel the delivery and order of the aforementioned alcohol.
16.6 Should we be forced to cancel an order as a result of the sale of alcohol being to a person below the age of 18 (eighteen) or as a result of such a sale being deemed illegal then in such an instance we reserves the right to contact and report the attempted purchase to any relevant authority and the registered user who had made the purchase shall be liable for the cost of delivery as well as the cost of the return of the alcohol.
17. Contact us
17.1 Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future. You can always contact us using the “contact us” tab.
Eastgate, Germiston, 2008, South Africa