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By registering you agree that Burger Fair may use your information for ordering.
See our Privacy Policy.
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TERMS AND CONDITIONS
This page is accessible from outside as:
feedme.burgerfair.co.za/ideal/burgerfairtermsandconditions.php
1. Detailed description of goods and services.
Burger Fair (via Realtime Mall eCommerce application) is a business in the eCommerce of FOOD, and in FOOD DELIVERY sector.
2. Delivery Policy.
Subject to availability and receipt of payment, requests will be processed
within business hours, and your food order delivery confirmed by way of tracking
feedback on our site, based on your order number and availability of delivery
drivers. A minimum fee of R20 is applied for deliveries within 20km radius of
our Restaurant.
3. Export Restriction.
The offering on this website is available to South African clients only.
(Currently servicing Bellville and surrounding areas only).
4. Return-and-Refund policy.
Please see our Return-and-Refund policy (seperate pages). Use TOP LEFT
pull-down menu to look at Return policy section.
5. Customer Privacy Policy
See the seperate Privacy policy document on our left-side pull-down menu.
6. Payment options accepted
Payment is collected in-person at delivery using our portable card machine
(tap/insert/swipe), or by EFT/cash when indicated. Burger Fair does not use an
online card payment gateway checkout flow.
7. Card acquiring and security
Card transactions performed at the customer location are processed on the
bank-approved portable card machine and are protected by the acquiring bank and
terminal provider security controls. No card details are stored on this website.
8. Customer details separate from card details
Customer details will be stored by Burger Fair separately from card details
which are entered directly on the portable card terminal at delivery.
Burger Fair website systems do not capture or store customer card details.
9. Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the
cardholder is South Africa. Transaction currency is South African Rand (ZAR).
10. Responsibility
Burger Fair takes responsibility for all aspects relating to the transaction
including sale of goods and services sold on this website,
customer service and support, dispute resolution and delivery of goods.
11. Country of domicile
This website is governed by the laws of South Africa and Burger Fair
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.
12. Variation
Burger Fair may, exclusively, change any of these Terms and Conditions at any
time. It is your responsibility to regularly check these Terms and Conditions
and ensure you are satisfied with these change before utilising this website.
Use of the website once amendments have been made, on usage, you will have
deemed to have accepted such changes.
13. Company information
This website is run by Burger Fair (private company) via RealTime Mall, and Burger Fair is
based in South Africa trading as Burger Fair.
- For the purposes of the Electronic Communications and Transactions Act 2002,
Realtime Mall's information is as follows, which should be read in
conjunction with its product descriptions and other terms and conditions
contained on the Website:
- Full name: Realtime Mall (Pty) Ltd, a private company registered in South
Africa with registration number 2020/010585/07.
- Main business: e-commerce
- Physical address for receipt of legal service (also postal and street
address):
U3VpdGUgMjExLCA1MyBDcm93bndvb2QgUm9hZCwgT3Jtb25kZSwgSm9oYW5uZXNidXJnLCAyMDkx
(marked for attention: CEO and Legal), with a copy to
aW5mb0BzYW1sYXcuY28uemEs
a copy must be given in order for notice to be deemed valid.
- Office bearers:
RmF0aW1hIFNhbW5ha2F5
UGhvbmUgbnVtYmVyOiArMjcgODYgNjAwIDEwNDQ=
T2ZmaWNpYWwgZW1haWwgYWRkcmVzczogaW5mb0ByZWFsbWFpbGJveC5jby56YQ==
- PAIA: The manual published in terms of section 51 of the Promotion of Access
to Information Act 2000 may be downloaded from here. Restaurants'
information is available in the relevant Product listing.
14. Electronic Communications
When you use the website or send emails, you consent to receive communication
from us, our affiliates or partners electronically in accordance with our
Privacy Policy.
15. Ownership and Copyright
The contents of the Website, including any material, information, data,
software, icons, text, graphics, layouts, images, sound clips,
advertisements, trade names, logos, trade-marks, designs and service marks
which are displayed on or incorporated on the website. ("Web Content") are
protected by law, including but not limited to copyright and trade mark law.
The Website Content is the property of Burger Fair via Realtime Mall, its advertisers and/or
sponsors, and is licensed to Realtime Mall.
- You will not acquire any right, title or interest in the website or the
Website Content.
- Any use, distribution or reproduction of the Website Content is strictly
prohibited or otherwise provided for by law.
16. Disclaimer
All images displayed are just for illustrative purposes.
The use of the Website is entirely at your own risk and you undertake full
responsibility for any risk or loss resulting from usage or reliance of any
information on the website.
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Whilst Burger Fair via Realtime Mall takes necessary precautions to ensure that the content of
the website is accurate and complete, Realtime makes no representations or
warranties, whether express or implied, as to the functionality,
availability,integrity,quality,operation or timeliness of the website,
or accuracy, completeness or reliability of any information on the
website. If any such representations or warranties are made by Realtime
Mall representatives, Realtime Mall shall not be bound thereby.
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Burger Fair via Realtime Mall disclaims liability for all damage, loss or expense, whether
direct, indirect or consequential in nature, arising out of or in connection
with your access to or use of the website and/or any content therein, unless
otherwise provided by law.
- Any views or statements made or expressed on the website are not necessarily
those of Burger Fair via Realtime Mall, its directors, employees and/or agents.
- Access to the Burger Fair via Realtime Mall Site may be suspended temporarily or without
notice in the case of maintenance, repairs, system failure or for reasons beyond
our clients control. Burger Fair via Realtime Mall disclaims all liability for any malfunction,
suspension or interruption of the website and not allowing website access
due to network problems. We make reasonable efforts to ensure that the
Website, our server and systems are virus-free but cannot guarantee that
this is the case. We strongly recommend that you use virus protection
software.
17. Limitation of liability
- Burger Fair and Realtime Mall shall not be held liable for any direct, indirect, incidental,
special or consequential loss or damages incurred, which might arise
from your usage of, reliance upon, the website or the content contained,
inability to use the website, and/or unlawful activity on the website.
Should it be found that Realtime Mall is liable to you, such liability
shall be limited to the value relating to your specific order.
- Realtime Mall cannot be held liable for any inaccurate information published
on the amendments /or any incorrect prices displayed on the website or
communicated, unless where such liability arises from the gross negligence or
wilful misconduct of Realtime Mall, its employees, agents or authorised
representatives. You are encouraged email
UmVhbHRpbWUgbWFsbCBhdCBpbmZvQHJlYWxtYWlsYm94LmNvLnph
to report any possible issues.
18. Availability and termination
- Access to the Burger Fair via Realtime Mall Site may be suspended temporarily or without
notice in the case of maintenance, repairs, system failure or for reasons beyond
our control. Burger Fair via Realtime Mall disclaims all liability for any malfunction,
suspension or interruption of the website and not allowing website access
due to network problems. We make reasonable efforts to ensure that the
Website, our server and systems are operational, but cannot guarantee that
this is the case.
- Burger Fair via Realtime Mall may in its sole discretion terminate, suspend and modify the
Website, with or without notice. Burger Fair via Realtime Mall does not accept liability in the
event that it chooses to suspend ,modify or terminate the website ,other than
for processing any orders made prior to time of website changes.
- If you fail to comply with your obligations under these Terms and
Conditions, including any incident involving payment for an order, this may (in
our sole discretion, with or without notice) lead to a
suspension and/or termination of your access to the website, without any
prejudice to any claims for damages or otherwise that we may have against
you.
- Burger Fair via Realtime Mall is entitled, for purposes of preventing suspected fraud,
website abuse and/or creation of multiple user profiles, for the purpose
of taking advantage of a promotion or coupon intended by Burger Fair via Realtime Mall
to be used on a once-off basis, to blacklist you on its database
(including suspending or terminating website access), refuse to accept,
process payment and/or to cancel any order concluded between you and
Burger Fair via Realtime Mall, in whole or in part. Burger Fair via Realtime Mall accepts no liability
which may arise as a result of such blacklisting and/or refusal to
process any order.
- You may at any point choose to stop utilising this website with or without
notice to Real Time Mall.
19. Force majeure events
- As agreed between Burger Fair via Realtime Mall and you, you and any Courier, or any
affiliates, no party will be liable to any other party for any delay or failure
in performing its obligations (excluding payment obligations) in terms of these
Terms and Conditions due to an event beyond its control.
20. Governing law and jurisdiction
(Also see point 11. Country of domicile further above)
The Web Order Terms, and any disputes arising
from the Web Order Terms, shall be governed by
South African law. You agree to submit to the
exclusive jurisdiction of the courts of South Africa
regarding any such dispute.
21. Notices
- Burger Fair via Realtime Mall hereby selects Suite 211, 53 Crownwood
Road, Ormonde, Johannesburg, 2091(with a copy to
info@samlaw.co.za, which copy must be given in order
for notice to be validly given) as its address for the
service of all formal notices and legal processes in
connection with these Terms and Conditions ("legal
address"). Realtime Mall may change this address from
time to time by updating these Terms and Conditions.
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You hereby select the email address and any delivery
address specified with your orders as your legal
address, but you may change it by giving Burger Fair via Realtime
Mall not less than 7 days’ notice in writing.
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Notices must be sent either by hand, prepaid registered post or email
and must be in English. All notices sent -
- by hand will be deemed to have been received on the date of delivery;
- by prepaid registered post, will be deemed to have been received 10 days
after the date of posting; and
- by email before 16h00 on a business day will be deemed to have been
received, on the date of successful transmission of the email. All
emails sent after 16h00 or on a day which is not a business day will be
deemed to have been received on the following business day, unless the
contrary is proved.
22. General
Burger Fair via Realtime Mall may, in its sole discretion, at any time, for any reason and
without prior written notice, suspend or terminate the operation of the website,
or the user’s right to use the website, or any of its contents, subject
to us processing any orders already made by you.
- You may not cede, assign or otherwise transfer your rights and obligations
in terms of these Terms and Conditions to any third party.
- Any failure on the part of you or Burger Fair via Realtime Mall to enforce any right in
terms hereof shall not constitute a waiver of that right.
- If any term or condition contained herein is declared invalid, the remaining
terms and conditions will remain in full force and effect.
- No variation, addition, deletion, or agreed cancellation of the Terms and
Conditions will be of any force or effect unless in writing and accepted by or
on behalf of the parties hereto.
- No indulgence, extension of time, relaxation or latitude which either you or
Burger Fair and Realtime Mall (the "grantor") may show, grant or allow to the other of them (the
"grantee") shall constitute a waiver by the grantor of any of the grantor's
rights and the grantor shall not thereby be prejudiced or stopped from
exercising any of its rights against the grantee which may have arisen in the
past or which might arise in the future.
- These Terms and Conditions contain the whole agreement between you and
Burger Fair and Realtime Mall and no other warranty or undertaking is valid, unless contained in
this document.
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PRIVACY POLICY
Introduction
In our mission to make commerce better for everyone at Realtime Mall, we collect and use information about you.
This Privacy Policy will help you better understand how we collect, use, and share your personal information.
Our values
Trust is the foundation of the Burger Fair via RealTime Mall platform. Three main values guide us as we develop our products and services. These values should help you better understand how we think about your
information and privacy.
Your information belongs to you!
We carefully analyse what types of information we need to provide our services, and we try to limit the information we collect to only what we really need. In all of this work our guiding principle is that your
information belongs to you, and we aim to only use your information to your benefit.
We protect your information from others!
If a third party requests your personal information, we will refuse to share it unless you give us permission or we are legally required. When we are legally required to share your personal information, we will tell
you in advance, unless we are legally forbidden.
The extent of Our Values are explained in length below.
Content
We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
1. Should you decide to register as a user via the website, we may require you to provide us with personal information which identifies you. This includes but is not limited to :
- your name and surname;
- your email address; to communicate with you during order process
- your physical address; to deliver to you (if you did not choose will-collect)
- your mobile number; (to contact you regarding your order)
- (optional) your date of birth; and
- your gender, (implied from your title)
Your personal information will not be utilized for any purpose other than as set out below:
- - In relation to the ordering, sale and delivery to contact you regarding current or new items or services offered via the website (unless you have opted out from receiving marketing material from us) - To inform
you of new features, special offers and promotional competitions offered by us or any of our clients,affiliates, partners(unless you have opted out from receiving marketing material from
us).
- - To improve our product selection and your experience of our website by, for example, monitoring your browsing habits, or tracking your sales on the website; or o disclose your personal information to any third
party other than as set out below:
- - To our employees, third party service providers, clients,affiliates and partners, who assist us to interact with you via our Website, email or any other method, for placement of orders or delivery (i.e. Courier
Delivery or Self-collection), and thus need to know your personal information in order to assist us to communicate with you properly and efficiently.
- - To our employees, third party service providers, clients,affiliates and partners in order for them to interact directly with you via email or any other method for purposes of sending you marketing material
regarding any current or new products or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us).
- - to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or
financial loss, to report suspected illegal activity, or to investigate violations of these Terms and Conditions.
- - to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service
providers may only use your information in connection with the services they perform for us and not for their own benefit; and
- - third party service providers in order for them to liaise directly with you in the event of you submitting a complaint or claim regarding any order you have placed which requires
their involvement.
- - We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to
protect and defend our rights or property. Realtime Mall undertakes never to sell or make your personal information available to any third party other than as provided for in this Privacy Policy, unless we are compelled
to do so by law. In particular, in the event of a fraudulent online payment, Realtime Mall is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal
obligation for disclosure of the personal information which may be required of it.
- - We will ensure all of our employees, third party service providers, clients,affiliates and partners (including their employees and third party service providers) having access to your personal information are
bound by appropriate and legally binding confidentiality obligations in relation to such information.
- 2. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person, entity or falsely state
or otherwise misrepresent your affiliation with anyone or anything.
- 3. We assure you that we will:
- treat your personal information as strictly confidential, save where we are entitled to share it as set out in this Privacy Policy;
- take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected
against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
- provide you with access to your personal information to view and/or update personal details;
- promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
- provide you with reasonable evidence of our compliance with our obligations under this Privacy Policy on reasonable notice and request; and
- upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for
that which we are legally obliged to retain.
4. We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so or you consent to us retaining such information for a longer
period.
5. Whilst we will do all things reasonably necessary to Protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information,
whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
6. If you disclose your personal information to a third party, Such as an entity which operates a website linked or anyone other than Realtime Mall, Realtime Mall shall not be liable for any loss or damage, howsoever
arising, suffered by you as a result of the disclosure of such information to the third party. This is because we do not regulate or control how that third party uses your personal information. You should always ensure
that you read the privacy policy of any third arty.
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