DEFINITION OF TERMS USED IN THIS AGREEMENT
In this agreement, the following definitions shall apply:
- "Appetite means Appetite Digital (Pty) Ltd;
- "Customer" means the individual, company or other legal entity that is accepting this agreement, and any entity which directly or indirectly controls, is controlled by, or is under common control with the Customer.
- "Intellectual Property Rights" or "Intellectual Property" means patents, copyrights, trademarks, trade secrets, and other proprietary rights including the right of publicity and privacy rights, however such rights arise and under whatever law;
- "Personal Information" means information as contemplated in clause 7 of this agreement;
- "Services" means the services specified in a Statement of Work;
- "User" means someone that has registered as a subscriber on the Appetite technology platform as a client.
DETAILED DESCRIPTION OF SERVICES
- This agreement sets out the terms and conditions on which you may access and use the Services, specifically any Service provided on, through or by the site.
- Appetite reserves the right to modify the terms of this agreement at any time by placing the revised terms on this website. In the event of material changes you will be notified by email to the email address of record in your account. Your continued use of the Services following the posting of the revised terms on this website, or the passage of fifteen (15) business days from the time of such posting, shall be deemed to constitute your acceptance of such modification.
CONDITIONS AND RESTRICTIONS OF USE
- User Eligibility
You may not set up an account on the site if you have been banned, suspended or had an account removed from the network by Appetite for any reason. You may not sell or otherwise transfer your account to another party.
- Registration and User Information
In order to use or access the Services, you are required to set up your account by completing the registration process which requires you to provide your Personal Information. In providing such Personal Information, you represent and warrant that:
- the information about yourself is true, current, and complete;
- you will maintain and promptly update your Personal Information to keep it true, current and complete; and
- you will maintain the security of your password and identification.
- Licence to the Services
Subject to the terms and conditions of this agreement, Appetite hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sub-licensable, worldwide right to use the Services solely for the purposes described in this agreement. All rights not expressly granted to you are reserved by Appetite and its licensors. Except as expressly permitted by Appetite, you shall not:
Upon termination, suspension or expiration of this licence, you shall no longer have the right to use the Services. This licence shall terminate automatically upon termination or expiration of this Agreement.
- licence, sub-licence, sell, resell, rent, transfer or assign the Services in any way;
- reverse engineer, decompile, modify, translate, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Services;
- use any data mining, robots or similar data gathering or extraction methods; or
- use any of the Services other than for its intended purpose.
You acknowledge that Appetite does not screen or review content to determine whether, amongst other things, it contains false, defamatory, offensive, indecent, or objectionable material or contains errors and/or omissions. However, Appetite reserves the right, and has absolute discretion, to monitor, screen, edit or remove any content posted on the site or accessed through the Services at any time. Under no circumstances will Appetite be liable in any way for any User or other third-party content, including, but not limited to, for any defamation, falsehoods, errors or omissions in any such content, or for any loss or damage of any kind (whether in contract or delict and regardless of the nature of the conduct giving rise to such liability) including but not limited to consequential loss, loss of production, loss of or corruption to software or data, loss of profits or contracts, loss of business or of revenues, loss of operation of time, loss of goodwill or reputation, whether caused directly or indirectly whatsoever, incurred as a result of the use or publication of any such content posted, emailed or otherwise transmitted via the Services or the failure to access such Services.
Subject to availability and receipt of payment, requests will be processed immediately and meals will be collected by the User, or delivered by the restaurant as per the order placed via the application. Delivery fees as per the amount quoted via the application may be chargeable in addition to the cost of the meals.
RETURN AND REFUNDS POLICY
The provision of services represented by Appetite is subject to availability. In cases of unavailability, Appetite will refund the User in full within thirty (30) days. Due to the nature of the business, orders cannot be cancelled once accepted by the restaurant.
PAYMENT OPTIONS ACCEPTED
Payment may be made via the app by debit card or via Visa, MasterCard, Diners or American Express credit cards.
CREDIT CARD ACQUIRING AND SECURITY
Credit card transactions will be acquired for Appetite via PayGate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
CUSTOMER DETAILS SEPARATE FROM CARD DETAILS
Customer details will be stored by Appetite separately from card details which are entered by the User on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
MERCHANT OUTLET COUNTRY AND TRANSACTION CURRENCY
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. The Transaction Currency is South African Rand (ZAR). The offering on this site is available to South African Users only.
Appetite, takes responsibility for all aspects relating to the card transaction including sale of the Services sold on the site, customer service and support and dispute resolution.
TERM AND TERMINATION
- This agreement commences when accepted by you and has an initial term of twelve (12) months. Upon expiration of the initial term and each subsequent term, this agreement will automatically renew for successive renewal terms in equal duration to the initial term unless you terminate by providing written notice to Appetite at least thirty (30) days prior to the end of the previous term, or as otherwise stated below.
- Appetite may terminate your account and/or suspend your access to the Services should you fail to comply with the terms and conditions contained in this agreement or any other guidelines and rules published by Appetite. Appetite further reserves the right to terminate or suspend any Subscriber’s account with or without cause in Appetite’s sole discretion without prior notice.
Each party retains any and all pre-existing right, title and interest in and to its intellectual property and all components thereof. This agreement shall not be construed in any manner as transferring any rights of ownership of or licence to the foregoing, and/or to the features or information therein, except as expressly set out in this agreement. Under no circumstances will this agreement be construed as granting, by implication, estoppel or otherwise, a licence to any intellectual or other property or components thereof other than as specifically granted in this agreement.
YOU AGREE TO INDEMNIFY AND HOLD APPETITE AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS AND EMPLOYEES HARMLESS FROM ANY CLAIM, DAMAGES, LOSS OR LIABILITIES (INCLUDING REASONABLE LEGAL COSTS) MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF THE PERSONAL INFORMATION YOU SUBMIT, POST, TRANSMIT OR OTHERWISE MAKE AVAILABLE THROUGH THE SERVICES.
DISCLAIMER OF WARRANTIES
APPETITE WARRANTS THAT IT WILL PROVIDE THE SERVICES USING REASONABLE CARE AND SKILL. HOWEVER, APART FROM THIS WARRANTY, NEITHER APPETITE NOR ANY OF ITS AFFILIATED COMPANIES MAKE ANY REPRESENTATION OR WARRANTY OR GIVE ANY UNDERTAKING IN RELATION TO ITS SERVICES, SOFTWARE OR ANY CONTENT SUBMITTED, TRANSMITTED OR DISPLAYED BY THE SERVICES, INCLUDING ANY REPRESENTATION, WARRANTY OR UNDERTAKING THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, FREE FROM VIRUSES OR THAT THE SERVICES WILL BE OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR PURPOSE OR NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. ALL OF THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
LIMITATION OF LIABILITY
- You expressly understand and agree that under no circumstances shall Appetite or its licensors be liable to anyone on account of use or misuse of and reliance on the site or the Service. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages (even if Appetite or its licensors have been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Service or from inability to use the Service, or from the interruption, suspension, or termination of the Service (including damages incurred by third parties).
- Under no circumstances shall Appetite or its licensors be held liable for any delay or failure in performance of any Statement of Work resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment, technology or, electrical power failures, non performance of third parties or governmental actions or any acts of God.
- In no event shall the aggregate liability of Appetite, whether in contract, warranty, delict (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the site or the Services exceed the compensation you pay, if any, to Appetite for access to or use of the site or the Services in the twelve months preceding the circumstances that gave rise to the claim.
CHANGE OF CONTROL
In the event of a change of control of Appetite, this agreement shall be binding upon and inure to the benefit of the parties hereto and Appetite’s heirs, successors and assigns.
GOVERNING LAW AND DISPUTE RESOLUTION
This agreement, site and any dispute or claim arising out of or in connection with these terms shall be governed by the law of the Republic of South Africa and all legal proceedings arising out or in connection with this agreement shall be brought in the South Gauteng High Court, Johannesburg.
COUNTRY OF DOMICILE
Appetite chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 60 Saturn Crescent, Linbro Park, Johannesburg, or PO Box 1344, Johannesburg, 2000.
Appetite may, in its sole discretion, change this agreement or any part thereof at any time without notice.
This site is run by Appetite Digital (Pty) Ltd, a private company based in South Africa trading as Appetite and with company registration number 2007/028710/07.
APPETITE CONTACT DETAILS
Support: +27 86 182 6003