BIN RASHIED MOBILE APP TERMS AND CONDITIONS
Last updated 4 September 2020
AGREEMENT TO TERMS
These Terms and Conditions (the “Terms”) constitute a legally binding agreement made between you and The Bin Rashied Group, which is made up of The Bin Rashied CC, The Amir Fast Food CC, and Bin Rashied Diep River Pty (Ltd) (“we,” “us” or “our”), concerning your access to and use of our mobile application (the “App”). You agree that by accessing the App, you have read, understood, and agree to be bound by all of these Terms and Conditions Use. If you do not agree to be bound by these terms and conditions, you must leave the App immediately as further use will automatically bind you to these terms and conditions.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the App after the date such revised Terms are posted.
REGISTERING YOUR ACCOUNT
The App is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for the App.
The App is designed for use on mobile phones only and will not work on a tablet or larger device.
You will need to register an account with us on the App to order our food products (“Products”). 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.
You agree that once your correct username and password have been entered (in relation to the App), irrespective of whether the use of the username and/or password is unauthorized or fraudulent, you will be liable for payment of any resulting order.
If you know or suspect that anyone other than you know your account login details, you must immediately change your password and notify us immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and/or password and to take steps to minimise any resultant loss or harm.
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.
1.1 You may order our Products by using the App which will be subject to these Terms (an “Order”). 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 clause 4 (Cancellation and Refunds).
1.4 Your Order constitutes an offer to us and which is presumed to be accepted by us unless the App says otherwise.
2.1 Please note that all collection times are estimates and the actual collection time may vary from this estimated indicative collection time.
2.2 If you do not collect your Order within twelve (12) hours of your indicative collection time, your Products will be disposed of and you will not receive a refund.
3.1 The prices for the Products are set out on the App and are inclusive of VAT.
3.2 Where payment is made by credit or debit card, we may require additional information in order to authorise and/or verify the validity of payment. You will be redirected to the secure site of our payment gateway, which is not owned by us or under our control, and for which you acknowledge we are not responsible in law. Such payment gateway is however committed to upholding strict security standards, and at no stage will we store your credit card details. We are entitled to withhold processing the Order until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation, your order for the Food will be cancelled and your Order will not be fulfilled. You warrant that you are fully authorised to use the credit or debit card supplied for purposes of paying the order charges. You also warrant that your credit or debit card has sufficient available funds to cover all the order charges.
3.3 It is always possible that, despite our best efforts, some of the Products may be incorrectly priced. You will only be liable to pay the amounts displayed on the App at the time of placing your Order.
- Cancellation and Refunds
4.1 Cancellation/amendments to an Order
4.1.1 You may not request that your Order is cancelled after it has been submitted and preparation has commenced.
4.1.2 Should you wish to amend your Order (provided that preparation has not commenced) you can do so by phoning the store (the details of which will be available on the App). While we will endeavour to make the necessary amendments, you acknowledge that we do not guarantee that we will be able to.
4.2.1 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 Terms, please contact firstname.lastname@example.org .
4.2.2 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) or, by agreement, supply an equivalent Product. You may obtain a refund by contacting email@example.com. Refunds will take place within 48 hours of us acknowledging your claim. Depending on which institution you bank with. Funds refunded from out payment gateway may take up to four days to reflect on your account.
5.1 We endeavour to provide information on any allergens that the Products may contain on the App, but please note that:
5.1.1 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;
5.1.2 the kitchen is a busy working environment and there is a risk of cross-contamination between ingredients;
5.1.3 if you have a special dietary needs, you should indicate this in the applicable textbox in the App before you place your order to allow staff to take all reasonable precautions to avoid cross contamination.
5.2 Our Products are freshly prepared and although we try our best to be consistent at times the size of the portions can vary
ALLOWED USE AND LICENCE
- Use License
We grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on a mobile device owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with these Terms. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us; (5) use the App for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; or (8) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
- Apple and Android Devices
When you use an App obtained from either the Apple Store or Google Play (each an “App Distributor”), the license granted to you for the App is limited to a non-transferable license to use the App on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service.
- App Management
We reserve the right, but not the obligation, to: monitor the App for violations of these Terms; and take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms.
The App is provided on an as-is and as-available basis. You agree that your use of the App will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the App and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the App’s content and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the application, (3) any unauthorized access to or use of any and all personal information and/or financial information stored, (4) any interruption or cessation of transmission to or from the application, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the App by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the App.
INTELLECTUAL PROPERTY RIGHTS
All licences and/or permissions granted in terms of this clause are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by us at any time without prior notice or reason.
All intellectual property on the App, including but not limited to content, trademarks (or any confusingly similar trademarks), trade names, logos, pictures, video, downloads, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to us and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 1, all other rights to intellectual property on the Websites and Apps are expressly reserved.
No person shall amend, copy, use, decompile and/or reverse engineer the source code of the App.
No person may use logos, icons, photos, pictures, graphics or trademarks and the like from the App as hyperlinks or for other purposes without our prior written consent.
LIMITATIONS OF LIABILITY
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the application, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid for your Order.
We only supply the App for domestic and private use. You agree not to use the App, or any content on the App, 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.
Nothing in these Terms excludes or limits our liability under the Consumer Protection Act or where said Act is not applicable, the common law for: (1) death or personal injury caused by our gross negligence; (2) fraud or fraudulent misrepresentation; and (3) any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the App; (2) breach of these Terms; or (3) your violation of the rights of a third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
- We collect personal information from you. We will handle the collection, processing and storage of your personal information in accordance with the Protection of Personal Information Act No 4 of 2013 (“POPI”)
- When you decide to register as a user via the App, we may require you to provide us with personal information which identifies you. This includes but is not limited to –
2.1 your name and surname;
2.2 your email address;
2.3 your mobile number; and
2.4 your location.
- Should your personal information change, please update your personal information as soon as reasonably possible on the App and ensure that this is kept as up to date as possible.
- 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 or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
- We may not use your personal information for any purpose other than as set out below:
5.1. in relation to an Order;
5.2. to contact you regarding current or new Products offered via the App (unless you have opted out from receiving marketing material from us);
5.3. to inform you of new features, special offers and promotional competitions offered by us (unless you have opted out from receiving marketing material from us); and
5.4. to improve our product selection and your experience of our App by, for example, monitoring your browsing habits, or tracking your sales on the App.
- We will not disclose your personal information to any third party other than as set out below:
6.1. to our employees who assist us to interact with you via our App, email or any other method, for an Order, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
6.2. 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;
6.3. 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.
- 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. We undertake never to sell or make your personal information available to any third party other than as provided for in this Privacy clause, unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, we are 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 that all of our employees having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to such information.
- We will –
8.2 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;
8.3 provide you with access to your personal information to view and/or update personal details;
8.4 promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
8.5 provide you with reasonable evidence of our compliance with our obligations under this Privacy clause on reasonable notice and request;
8.6 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; and
8.7 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.
- 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.
DISCLOSURES REQUIRED BY SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002 (“ECTA”)
Access to and use of the Website and App may be classified as “electronic transactions” as defined in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and TFG has, amongst others, the duty to disclose the following information:
- Full name and legal status: The Bin Rashied Group made up as follows: The Bin Rashied CC, The Amir Fast Food CC, Bin Rashied Diep River Pty (Ltd) private company’s registered in South Africa with registration number 2005/799011/23.
- Main business: Food ordering
- Physical and postal address: Ground floor, Broad Road Medical Center, Broad Road, Wynberg, Cape Town
- Telephone number: +27 21 023 0405
- Website address: www.binrashied.co.za
- E-mail address: firstname.lastname@example.org
- Physical address for receipt of legal service: Ground floor, Broad Road Medical Center, Broad Road, Wynberg, Cape Town (marked for attention: The Bin Rashied Group and Legal), with a copy to email@example.com.
- Office bearers: R.Mehan, Z. Mehan and MT Mehan
- Access to information: Refer to the TFG information manual which is available on the “Access to Information” link at the bottom of the Website.
- Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
- access and use of the App;
- the inability to access the App;
- the Services and content available from the App; or
- these terms and conditions,
shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Cape Town in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client.
- By using the App, 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. You agree specifically that:
1.1 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;
1.2 an electronic signature is not required by you or us for purposes of agreeing to the terms;
1.3 your use of the App is sufficient evidence of your agreement to the terms;
1.4 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;
1.5 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
1.6 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.
- We may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the App, or the user’s right to use the App, or any of its contents, subject to us processing any Orders then 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 us 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 party (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 the parties and no other warranty or undertaking is valid, unless contained in this document.
10 The Apps is controlled and operated from South Africa and therefore, subject to the Alternative Dispute Resolution provisions above, South African law enforced by the South African courts governs the use of, or inability to use, the App, its content, Products and these Terms.
- We disclaims all liability for any loss, damage or expense however caused, arising from the use of or reliance upon the information provided through this service and does not guarantee the completeness or accuracy of the information.
- We shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.