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 may be made via Visa and MasterCard using our online Payment Gateway
(PAYGATE PLUS), as well as cash-on-delivery when indicated.
7. Card acquiring and security
Card transactions will be acquired for Burger Fair via PayGate (Pty) Ltd who
are the approved payment gateway for all South African
Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure
Socket Layer 3 (SSL3) and no Card details are stored on the
website. Users may go to www.paygate.co.za to view their security certificate
and security policy.
8. Customer details separate from card details
Customer details will be stored by Burger Fair separately from card details
which are entered by the client on PayGate's secure site. For
more detail on PayGate refer to www.paygate.co.za.
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
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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.
-
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.
-
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
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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.
-
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.
-
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.