1.2 We and our licensors own this Website and all its contents, including any and all of its modules, the arrangement and compilation of content, all trademarks and logos, information, text, graphics, button icons, audio and video clips, digital downloads, data compilations, software displayed on or used in connection with this web site (collectively the Content). You acknowledge and agree that you have no right, title or interest (including without limitation all copyright, trademarks and all other intellectual property rights) in any of the Content and will not challenge our ownership or right to use the Content on this Website.
1.3 The Application is licensed, not sold, to you. All rights, title and interest (including, without limitation, all copyrights, trademarks and other intellectual property rights) in and to this Application belong to us or our licensors.
1.4 Subject to your compliance with these Terms and Conditions, we grant you a non-transferable, non-assignable, revocable, limited license to download and install one copy of this Application on a computer device that you personally own or control and to use that copy of this Application on that computer device solely for your own personal use.
1.5 You may not install or use a copy of the Application on a device you do not own or control. You may not distribute or make the Application available over a network where it could be used by multiple devices at the same time.
1.6 You may not sell, rent, lend, lease, redistribute, or sublicense the Application or circumvent any technical limitations in the Application or otherwise interfere in any manner with the operation of the Application, or the hardware or network used to operate the Application.
1.7 If you violate these Terms, your license to use this Application automatically terminates and you must immediately cease using the Application and destroy all copies, full or partial, of the Application.
2. USE OF WEBSITE
2.1 You shall not, except as permitted under applicable law, modify, adapt, translate, decompile, alter, disassemble, reverse engineer or create derivative works from any Content or copy, reproduce, republish, upload, post, transmit, distribute or otherwise communicate or caused to be displayed to the public any Content without our prior written permission. However, you may download, display and print the materials displayed on this Website for your personal, non-commercial use.
2.2 You shall not use this Website and/or any Content to violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices.
2.3 You shall not employ misleading e-mail addresses or falsify information in the header, footer, return path, or any part of any communication, including short message services (SMS) and/or electronic mails (e-mails), transmitted through this Website.
2.4 You shall not use any robot, spider, crawler or other automated device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this web site, in any case without our prior written permission.
2.5 You shall not take any action or otherwise use any device, software or routine to interfere or attempt to interfere with the proper working of this Website.
2.6 You shall not take any action that imposes a burden or load on our infrastructure that we deem in our sole discretion to be unreasonable or disproportionate to the benefits that we obtain from your use of this Website.
3. YOUR PRIVACY
3.2 By providing your telephone number or e-mail address, you have consented or requested to receive marketing communications from us. You may from time to time receive marketing communications by way of SMS and/or e-mail relating to table reservations, special offers, news and/or our dining recommendations. You may unsubscribe from our mailing list at any time by following the directions provided in the electronic communications.
3.3 When you visit or use this Website on a mobile device, we may collect information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location based services and information, as well as to produce aggregate statistical data for the improvement of services offered by this Website. Most mobile devices allow you to turn off location services. For more information about how to do this, please contact your mobile service carrier or your device manufacturer.
3.5 If you believe that your personal information has been provided to us without your consent, please contact us at [email protected] to have your information removed from our database or to unsubscribe from any marketing communications. Please allow some time for your request to be processed. You acknowledge that your sole remedy and our sole responsibility is for us to cease use of your personal information as soon as practicable upon receiving written notice from you to do so.
3.7 If you browse this Website or download materials from this Website, we do not capture data that allows us to identify you individually. If you send us an e-mail or any other form of communication in which you provide us with personally identifiable data, it means that you consent to receiving communications from us for marketing and promotional purposes. We will not share your personal data with third parties without your prior express written consent, except to our contractors for specific support services, maintenance services or any other services.
3.8 We reserve the right to access and disclose your personal information where we believe this is permissible or necessary to comply with applicable laws and lawful government requests, to operate its systems properly or to protect ourselves.
3.9 No transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under our control to intercept or access transmissions or private communications unlawfully. While we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to use. Any such transmission is done at your own risk.
4. ELECTRONIC COMMUNICATIONS
4.1 If you choose to register a user account with us, submit your details, order or make any purchase of goods and services or send us e-mail or otherwise communicate with us through this Website, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures and other communications that we provide you electronically shall satisfy any legal requirements that such communications be in writing.
5. THIRD PARTY LINKS
5.1 This Website may contain links to Websites maintained by third parties. We do not control such Websites and accept no responsibility for them or for the third parties, goods or services. Your use of any third party Websites, goods and services is strictly at your own risk. We take no responsibility and assume no liability for the information, content or materials which you have provided to the third party vendors.
5.2 Third party Websites may also link to this Website. Such links do not necessarily mean that we are associated or affiliated with or approve of the third party vendors or its goods and services. Please check with us before relying on third party statements of association or affiliation with us.
6. THIRD PARTY VENDORS
6.1 We may use the services of third party vendors to enable our customers to make orders, reservations, delivery arrangements and payment online. You may be directed to the Website(s) of our third party vendors in order to complete a transaction. These online services are provided for your convenience. We take no responsibility and assume no liability for the services of any third party.
6.2 You are solely responsible for verifying directly with the applicable third party vendors any information on which you wish to rely. The purchase and use of a third party vendor’s goods and services may also be subject to the vendor’s specific terms and conditions, including without limitation terms and conditions in relation to refunds, cancellations and changes. You are solely responsible for verifying these specific terms and conditions directly with the third party vendor before purchasing or using its goods or services. In the event of any inconsistency between the specific terms and conditions for goods and services of third party vendors and these Website Terms and Conditions or any other Content, the specific terms and conditions shall prevail in relation to those goods or services. In no event shall we be responsible for any payments due to third parties in connection with your purchase or use of their services.
7. PRICES, PAYMENT, REFUNDS, RETURN & EXCHANGE POLICY
7.1 All prices displayed for goods and services are subject to change, and such prices are not final until full payment for the product and service concerned is made. Our goods and services can change at any time without notice. Other special conditions may apply.
7.2 Sales are final and refunds, returns and exchanges are generally not allowed but could be approved on a strict case by case basis. For any enquiry around your purchase you may reach out to us over email.
8. VOUCHERS & REFUNDS
8.1 Vouchers which are made available on this Website may be printed and redeemed at vendors. These vouchers may not be altered, changed or modified in any way. Your use of vouchers may be subject to additional terms and conditions stated on the coupons or the coupon web page.
8.2 All electronic vouchers listed on our Website are owned by Verified Pay (Pty) Ltd. until we have confirmed your purchase and received your payment. You acknowledge and accept that we supply electronic vouchers of third parties. Additional terms and conditions of such third parties will apply to your voucher purchase(s). Please read these additional terms and conditions carefully as listed on our and the third party’s Website(s).
8.3 For the purposes of these Terms and Conditions, “Ownership” means to have rightfully acquired and purchased the electronic voucher through a legitimate source with the freedom to exercise rights over it.
8.4 For avoidance of doubt, no refunds or returns shall be provided by us except with respect to any statutory warranties or guarantees that cannot be excluded or limited by law. However, in the event of any valid complaint and/or dispute raised by an individual user (not a corporate user), we shall, at our absolute discretion, consider whether to provide no refund, a partial or full refund.
9. YOUR RESPONSIBILITIES AS THE APPLICATION USER
9.1 Use of the Application requires third party services and equipment such as a compatible computer device, internet access and a telecommunications carrier.
9.2 Obtaining and maintaining the equipment and services necessary to use the Application is your responsibility. We are not responsible for equipment defects, lack of service, or other issues arising from third party services or equipment.
9.3 You agree not to use the Application to communicate in an offensive or obscene manner, or to spam, threaten, defame or harass other users.
9.4 We are not in any way responsible for any such use by you or by any person using your device, nor for any harassing, threatening, defamatory, offensive, or illegal messages or transmissions that you may receive as a result of using the Application.
9.5 We reserve the right, but do not assume the obligation, to not publish or to terminate any communication, or posting it if we determine that it would be objectionable in our sole discretion.
9.6 Use of the Application is void where prohibited.
9.7 You shall not use the Application to falsely state or otherwise misrepresent yourself or your affiliation with any person or entity; or to intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, U.S. regulations pertaining to the export of software from the U.S. to embargoed countries.
9.8 You will ensure that the information you provide to us through the Application is accurate and complete.
9.9 We reserve the right to immediately terminate your use of the Application should you fail to comply with any of the foregoing.
10. COPYRIGHT INFRINGEMENT – DMCA NOTICE
10.1 The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that content or material on this Application infringes a copyright owned by you, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.
10.2 Pursuant to Clause 9.1, this request should be sent to: [email protected]. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
10.3 If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Application should be sent to the address above.
THIS WEBSITE, ALL GOODS OR SERVICES DESCRIBED OR MADE AVAILABLE BY MEANS OF THIS WEBSITE AND ALL CONTENT ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS ONLY AND YOU USE THEM AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES IN RELATION TO ANY OF THE FOREGOING, WHETHER EXPRESS, IMPLIED OR ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR ANY PURPOSE, NON-INFRINGEMENT, ANY WARRANTIES AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE CONTENT (INCLUDING USER CONTENT) OR THE SECURITY, AUTHENTICITY, INTEGRITY OR CONFIDENTIALITY OF ANY TRANSACTIONS AND OTHER COMMUNICATIONS MADE THROUGH THIS WEBSITE, AND ANY WARRANTIES THAT THIS WEBSITE, ITS CONTENT, ITS SERVERS OR ANY E-MAIL SENT FROM US ARE FREE OF VIRUSES, TRACKERS, BUGS, WORMS, TIME BOMBS, TROJAN HORSES, TRAP DOORS OR OTHER CODES DESIGNED TO PERMIT UNAUTHORISED ACCESS, TO DISABLE, MODIFY, ERASE, DAMAGE, STEAL OR USURP DATA OR OTHERWISE HARM ANY DATA OR COMPUTER SYSTEM OR THAT THE USE OF THIS WEBSITE OR THE CONTENT WILL NOT HARM ANY DATA OR COMPUTING SYSTEM. SOME TERRITORIES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO TO THAT EXTENT THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS DISCLAIMER SHALL NOT IN ANY WAY EXCLUDE OR LIMIT LIABILITY FOR PERSONAL INJURY OR DEATH ARISING FROM NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD.
12. LIMITATION OF LIABILITY
12.1 TO THE EXTENT PERMITTED BY LAW, WE SHALL IN NO EVENT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR FOR ANY LOST PROFITS OR LOST SAVINGS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, STRICT LIABILITY, STATUTE OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
12.2 TO THE EXTENT PERMITTED BY LAW, OUR CUMULATIVE LIABILITY TO YOU AND PERSONS CLAIMING THROUGH YOU SHALL IN NO EVENT EXCEED THE VALUE OF THE GOODS AND SERVICES PURCHASED BY YOU BY MEANS OF THIS WEBSITE IN THE SIX (6) MONTHS PRECEDING THE DATE OF YOUR CLAIM AGAINST US. FURTHER, OUR LIABILITY TO YOU IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, UNDER STATUTE OR OTHERWISE WILL BE REDUCED TO THE EXTENT, IF ANY, TO WHICH YOU CONTRIBUTED TO THE LOSS OR DAMAGE. IN ITS SOLE DISCRETION, IN ADDITION TO ANY OTHER RIGHTS OR REMEDIES AVAILABLE TO US WITHOUT ANY LIABILITY WHATSOEVER, WE MAY, AT ANY TIME AND WITHOUT NOTICE, TERMINATE OR RESTRICT YOUR ACCESS TO AND/OR OF ANY COMPONENT OF THIS WEBSITE.
You shall indemnify, defend and hold harmless us and our affiliates, subsidiaries and licensors, and our respective officers, directors, employees and agents from and against any and all losses, damages and expenses of any kind (including reasonable legal and accounting fees and costs) related to such claims, actions or demands arising out of and in connection your breach of these Website Terms and Conditions.
14. INJUNCTIVE RELIEF
You acknowledge that a violation or attempted violation of any of these Website Terms and Conditions will cause us irreparable damage, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that we shall be entitled as a matter of right to an injunction (including a temporary injunction) issued by any court of competent jurisdiction, restraining such violation or attempted violation of these Website Terms and Conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by us in obtaining such an injunction, including, without limitation, all legal fees and expenses.
15.1 We may at any time modify these Website Terms and Conditions at our sole discretion without prior notice. Your continued use of this Website signifies your acceptance of these Website Terms and Conditions in force at the time of your use.
15.2 We may also, at our sole discretion without prior notice, modify any part of this Website, including the Content and any goods and services made available by means of this Website, and limit, suspend, revise, withdraw or terminate this Website or any of its functionalities, or any offers relating to goods or services made on this Website.
16. GOVERNING LAW & JURISDICTION
These Website Terms and Conditions and all disputes arising out of or in connection with these Website Terms and Conditions shall be governed by the laws of South Africa without regard to conflicts of law provisions. You hereby consent and submit to the non- exclusive jurisdiction of the courts of South Africa.
17. GENERAL PROVISIONS
17.1 These Website Terms and Conditions constitute the entire agreement between you and us and supersede any prior agreements.
17.2 This agreement is for the benefit of and binds you and us and our respective successors and assigns. You shall not assign your rights or transfer your obligations and duties under this agreement to any third party without our prior written consent. We may freely assign our rights or transfer our obligations and duties under this agreement.
17.3 No amendment of this agreement by you shall be binding unless it was made in writing and signed by you and us.
17.4 Any waiver of rights shall be in writing and shall not prevent you or us from exercising the same or any other right in future.
17.5 The invalidity, illegality or unenforceability of any part of this agreement shall not affect the validity, legality and enforceability of the other parts of this agreement.
17.6 Nothing in this agreement creates a joint venture, partnership, relationship of employment or agency between you and us. You do not have authority to contract on behalf of or bind us.
17.7 The rights and remedies under this agreement are cumulative and not exclusive of any other right or remedy provided by law or equity.
17.8 No third party shall have any right to enforce any of these provisions under the Contracts (Right of Third Party) Act (Cap.53B) or any other theory of law.
17.9 The headings used in these Website Terms and Conditions are included for convenience only and will not limit or otherwise affect the provisions herein.
17.10 Should you have any queries or require any further information on these Terms and Conditions, please send us an e-mail: [email protected]