Terms & Conditions

Last Updated: July 27, 2020

1. DEFINITIONS

“App” – means the Software Application owned by ChowIn which is available for download from various app stores selected by ChowIn from time to time on compatible electronic devices;

“ChowIn” – means CHOWIN Apps and Solutions Proprietary Limited, Registration Number

“Consumers” –

“CPA” – The Consumer Protection Act 68 of 2008;

“Food” – includes all consumable goods which are available for purchase from the menu of the specified Restaurant;

“Nominated Address” – means the address nominated by you at which the Food is to be delivered;

“Registered User” – means a user of the App who has registered an account;

“Restaurant” – means the restaurant which has subscribed to the App and which Food may be purchased from

“Unique Username” – means the e-mail address chosen by you to be your username;

“User” – means the person using the App through the electronic device and “users” has the corresponding meaning.

2. INTRODUCTION

   • The App is available for download from various app stores selected by ChowIn from time to time, on compatible electronic devices.
   • The App enables users to order food, beverages and other times from any Restaurant listed on the App, as well as from other food/snack outlets listed in the App.
   • These terms and conditions govern the ordering of Food from the Restaurant via the use of the App.
   • These terms and conditions are binding and enforceable against every person that accesses or uses the App.
   • By using the App, you acknowledge that you have read and agree to be bound by these terms and conditions. You are unable to use the App should you not agree to be bound by these terms and conditions.

3. IMPORTANT NOTICE

   • These terms and conditions apply to users who are consumers as defined by, and for the purposes of, the Consumer Protection Act 2008 (“the CPA”).
   • These terms and conditions contain provisions that appear in similar text and style to this clause and which-
     • May limit the risk or liability of ChowIn; and or
     • May create risk or liability for the User; and or
     • May compel the User to indemnify ChowIn; and or
     • Serve as an acknowledgement, by the User, of a fact.
   • Your attention is drawn to these terms and conditions (duly placed in bold type font) because they are important and should be carefully noted and understood.
   • If there is any provision of these terms and conditions that You do not understand, it is Your responsibility to contact ChowIn in order to better understand the provision, before you agree to be bound by these terms and conditions by continuing to use the services of the App.
   • Nothing in these terms and conditions is indented or must be understood to unlawfully restrict, limit, or avoid any right or obligation created for You or ChowIn in terms of the CPA.

4. HOW IT WORKS

   • You may order Food via the App;
   • You will be required to indicate the city/town in which you would like to order Food;
   • Thereafter, You will be given a selection of Restaurants in the city/town you have selected, where You may place Food orders. You will only be allowed to order Food from the displayed selection of Restaurants (which is determined by ChowIn from time to time).
   • You will only be allowed to place orders for Food with a Restaurant which is active on the App, which order the Restaurant should duly accept.
   • ChowIn may, at it’s sole discretion and at any time, suspend or terminate the availability of a Restaurant on the App, without notice to you.
   • You can only order Food from one (1) Restaurant at a time per each order that you place.
   • Once you have ordered your Food through the App, You will be required to select whether You will collect the Food personally from the Restaurant, or alternatively whether the Food is to be delivered to You at the address so specified. This delivery will be fulfilled by the Restaurant and is subject to the Restaurant’s availability to deliver the Food.
   • ChowIn will indicate on the menu in the App which Food items are for sale by a particular Restaurant, which menu will be utilized for the ordering of the Food, and or the placing of an order, with that particular Restaurant.
   • You acknowledge that, notwithstanding the fact that the Food may be ordered via the App, You place such order directly with the relevant Restaurant.
   • The sale (formed on acceptance of an order, as set out in clause 6 below) of Food is solely between the Registered User and the relevant Restaurant.
   • You agree, understand, acknowledge and confirm that ChowIn is not a party to the sale of Food between the Registered User and the Restaurant. ChowIn will only provide the platform to facilitate the transaction between the restaurant and the Registered User in relation to the Food. ChowIn is in no way, either expressly, implicitly, or tacitly, making any representation or impression that it is the buyer or the seller of the Food. The buyer of the Food is You, and the seller of the Food is the specific Restaurant.
   • Any claims that a Registered User may have in respect of, and in relation to, the Food shall be against the relevant and specific Restaurant only, and not against ChowIn.

5. REGISTRATION AND USE OF THE APP

   • Only Registered Users may order Food via the App.
   • To register as a user via the App, You must provide ChowIn with your electronic mail (e-mail) address, telephone number, personal details and any other relevant information as required.
   • Each User must have a unique e-mail address.
   • You will thereafter be requested to select your own password or a randomly generated password (which You may subsequently change through the Forgot Password Link).
   • You will be required to use your Unique Username and password to place an order via the App.
   • You agree that, once your correct username and password in relation to the App has been entered, irrespective of whether the use of the username and/or password is unauthorized and/or fraudulent, you will be liable for payment of any order placed with a Restaurant under your username via the App.
   • You agree that, immediately upon becoming aware of, or reasonably suspecting any unauthorized access to, or the use of, your username and/or password, you will immediately change your password through the “Forgot Password” process located on the log-in screen of the App and will take steps to minimize any resultant loss, harm or damage.
   • ChowIn will not be held liable or responsible for any loss, harm or damage caused as a result of your failure to act in accordance with this clause.
   • You agree that you will not, in any way, use any device, software, or other instrument to interfere with, or attempt to interfere with, the proper working of the App. You may only use the App for lawful purposes (which would be the ordering of Food or the placing of Food orders) and may not, in any way (including without limitation by use of any robot, spider, other automatic device or manual process) monitor, distribute, display, publish, copy, print, post, modify or otherwise use the App and/or the information contained therein without the express prior written consent of ChowIn.

6. CONCLUSION OF ORDER AND AVAILABILITY OF FOOD

   • Registered users may place orders for Food, which the Restaurant may accept or reject at the Restaurant’s sole discretion.
   • The accepting of an order will occur when the order for Food has been accepted by the Restaurant. Whether or not the Restaurant accepts the placed order is entirely the sole discretion of the Restaurant.
   • PLEASE NOTE: ChowIn will indicate that the Restaurant has accepted your order by way of a notification on the App, or by way of an e-mail notification (“Acceptance Notification”). This is regardless of any prior notification received from the Restaurant and/or from ChowIn advising that your order has been confirmed.
   • Prior to the Food being delivered to your Nominated Address, or you being notified that the Food is ready for collection (as applicable), the Resturant may reject an order at any time (prior to the delivery of the Food) as a result of:
7. • the Restaurant being unable to fulfill the order so placed due to any circumstance; or
   • the delivery services not being readily available (if applicable); and or
   • any other reason which in the sole discretion of the Restaurant is grounds to cancel the placed order.
     • ChowIn will indicate the rejection of your order by the Restaurant via the App. Any enquiries from you in this regard should be taken up directly with the Restaurant and NOT with ChowIn, as ChowIn is not involved in the process once you have placed your order with the Restaurant.
     • Should you wish to cancel an order that has been accepted by the Restaurant, you will be required to contact the Restaurant directly in order to ensure your order is cancelled timeously.
     • Should you wish to cancel an accepted order, the Restaurant may charge you a cancellation fee depending on the preparation process.
     • The selection of Food from a/the menu on the App, without placing such order with the Restaurant, does not complete the ordering process and as such, no order is placed. ChowIn will not be held liable should specific Food items become unavailable, or is not available at a particular price when you complete or attempt to place the order at a later stage.
     • ChowIn reiles on the Restaurants to load accurate menu and prices relating to the Food, and ChowIn accordingly bares no liability for any inaccuracies in such information displayed on the App.
     • ChowIn also cannot guarantee the availability of Food at any given time. When the Food is no longer available after you have placed an order, the Restaurant will notify you of such, and thereafter reject or cancel the order.
     • You acknowledge and agree that the pricing of the Food may change at any time without notice to you, but no change in price will affect the charge of the Food ordered in respect of which you have received an Acceptance Notice, except in the case of an obvious pricing error.
     • Any dispute regarding inaccurate information relating to an item on the menu of a Restaurant or in connection with the Food, or Food pricing errors or sold-out Food, is to be resolved between yourself and the relevant Restaurant as set out in these terms and conditions.

7. ALLERGENS

   • It is your responsibility to establish from the relevant Restaurant which ingredients will be used in the preparation of the Food, and to make the necessary arrangements with the said Restaurant.
   • It is also your responsibility to ensure that you bring to the attention of the Restaurant, any possible allergen, and to request that the specific ingredient be removed from the Food (unless such exclusion can be made by you on the App).
   • ChowIn cannot, and does not in any way, guarantee that the Food will be free from allergens and we disclaim any liability relating to any ingredients or allergens contained in the Food.
   • You agree and acknowledge to indemnify and hold harmless ChowIn for any loss or damage suffered as a result of your failure to notify the Restaurant of any possible allergen.

8. MINORS

   • By using the App, you warrant that you are 18 (eighteen) years of age or older, and that you possess full legal capacity.
   • if you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may only use the App with the involvement and under the direct supervision of your parent/guardian.
   • If your parent/guardian supervises you, and gives their consent (whether express, tacit or implied), then your parent/guardian acknowledges and agrees to be bound to these terms and conditions, and acknowledges and agrees to be liable and responsible for you and all of your obligations created under these terms and conditions.

9. CONCLUSION OF SALES AND AVAILABILITY OF FOOD

   • For each order placed, the amount owed by you to the Restaurant will be reflected on the App, and will include (i) the total Food price by the relevant Restaurant; and (ii) a delivery fee (where applicable) (“the Order Total”).
   • Should you wish to receive a valid invoice or receipt in respect of the purchased Food, you will be required to contact the Restaurant directly. The contact details of the Restaurant will be displayed on the menu on the App.

10. PAYMENT

    • ChowIn will not receive any payment.
    • You will not be required to pay ChowIn.
    • The payment of the Order Total is to be paid by You directly to the Restaurant.
    • ChowIn is not authorized to receive any payment for or on behalf of the Restaurant.
    • Payment for your order can be made directly with the relevant Restaurant.

11. DELIVERY OF FOOD

    • The delivery of Food is facilitated and provided solely by the relevant Restaurant and ChowIn has no involvement in this delivery process. It is up to the user to provide the correct delivery details to the relevant Restaurant via the App to ensure that the Food is delivered to the correct address.
    • If the App cannot locate the entered address, You must notify the Restaurant immediately. You are not permitted to change the delivery address after your order has been placed/submitted.
    • As ChowIn is not involved with the delivery process, any loss, harm or damage suffered and/or sustained as a result of your failure to ensure the correctness of the delivery address will not be claimed from ChowIn. You as the user understand the implications of this clause and hereby agree to be bound thereto.

12. ERRORS

    • ChowIn shall take all reasonable efforts to accurately reflect or inform you of the Food description, availability, purchase price, and delivery charges via the App. However, should there be any errors howsoever and of whatsoever nature on the App (which errors are not due to ChowIn’s gross negligence), ChowIn will not be liable for any loss, harm or damage relating to an order based on any error, or the cancellation or rejection of the order. 

13. COMPLAINTS

    • We want you to be happy with your use of the App. Please let us know by email (info@chowin.co.a) as soon as possible if there is a problem in this regard.
    • We will in good faith attempt to resolve your complaint as soon as possible.

14. PRIVACY POLICY

    • We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
    • Should 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 –
      • your name and surname;
      • your email address;
      • your physical address;
      • your mobile number;
    • Should your personal information change, you are responsible for updating your personal information on the App as soon as reasonably possible. ChowIn will not be held liable or responsible for any loss, harm or damages suffered as a result of your failure to ensure that your information is updated as and when required, or your failure to ensure the correctness of your information.
    • Should you decide to register as a user via the App, you agree that we may use your personal information for any purpose other than in relation to the ordering of Food. This includes but is not limited to –
      • contacting you regarding current or new Food items or services or any other goods offered via the App (unless you have opted out from receiving marketing material from us);
      • informing you of new features, special offers and promotional competitions offered by us or any of, partners and/or Restaurants (unless you have opted out from receiving marketing material from us); and
      • improving our product selection and your experience of our App by, for example, monitoring your browsing habits, or tracking your sales on the App; or
      • disclosing your personal information as set out below:
        • to our employees, third party service providers, Cloud Drivers and Restaurants who assist us to interact with you via our App, email or any other method, for the ordering of Food, and thus need to know your personal information in order to assist / communicate with you properly and efficiently;
        • to our affiliates, partners and/or Restaurants (including their employees and/or third party service providers) 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 Food items 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
        • to our third party service providers and/or Restaurants 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. ChowIn 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.
      • We will ensure that all of our employees, affiliates, third party service providers, Cloud Drivers, partners and Restaurants (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 as well as the provisions of POPIA.
      • 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 measures to ensure that your personal information is kept secure and is protected against unauthorized 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.
      • 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.
      • Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorized 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.
      • If you disclose your personal information to a third party, such as an entity which operates a website linked to the App or anyone other than ChowIn, ChowIn 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 and cannot regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.

15. CHANGES TO THESE TERMS AND CONDITIONS

    • ChowIn may, in its sole discretion, change any of these terms and conditions at any time. It is your responsibility to regularly check these terms and conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you will not be able to place any further orders on, or in any other way use, the App.
    • Any such changes will only apply to your use of the App after the change is displayed in these Terms and Conditions. If you use the App after such amended Terms and Conditions have been displayed, you will be deemed to have accepted such changes.

16. ELECTRONIC COMMUNICATIONS

    • When you use the App or send emails to us, you consent to receiving communications from us or any of our affiliates or partners electronically in accordance with our Privacy Policy as set out in 14 (fourteen) above.

17. OWNERSHIP AND COPYRIGHT

    • The contents of the App, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in the App (“App Content”) are protected by law, including but not limited to copyright and trade mark law. The App Content is the property of ChowIn and/or its advertisers.
    • You will not acquire any right, title or interest in or to the App or in or to the App Content.
    • Any use, distribution or reproduction of the App Content is prohibited unless expressly authorized in writing by an authorized ChowIn representative or otherwise provided for in law. To obtain permissions for the commercial use of any App Content, info@chowin.co.za.

18. DISCLAIMER

    • The use of the App is entirely at your own risk and you assume full responsibility for any risk or loss resulting from such use or reliance on any information on the App.
    • Whilst ChowIn takes reasonable measures to ensure that the content of the App is accurate and complete, ChowIn makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the App, or as to the accuracy, completeness or reliability of any information on the App. If any such representations or warranties are created or made by ChowIn’s representatives, ChowIn shall not be bound thereby.
    • ChowIn 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 App and/or any content therein, unless otherwise provided by law.
    • Any views or statements made or expressed on the App are not necessarily the views of ChowIn, its directors, employees and/or agents and or affiliates.
    • In addition to the disclaimers contained elsewhere in these Terms and Conditions, ChowIn also makes no warranty or representation, whether express or implied, that the information or files available on the App are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of ChowIn, its employees, agents or authorised representatives. ChowIn thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the App.

19. LINKED THIRD PARTY WEBSITES

    • The App may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to the Third Party Websites and as a result you acknowledge and agree that ChowIn is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
    • Notwithstanding the fact that the App may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
    • It is your duty to ensure that you familiarize yourself with the Third Party’s terms and conditions, and privacy policy

20. LIMITATION OF LIABILITY

    • ChowIn cannot be held liable for any inaccurate information published on the App and/or any incorrect prices displayed on the App or communicated, save where such liability arises from the gross negligence or wilful misconduct of ChowIn, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to info@chowin.co.za.
    • Chowin shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the app or the content contained in the app; or your inability to use the app, and/or unlawful activity on the app, and/or any linked third party website or mobile application. Should it be found that ChowIn is liable to you, such liability shall be limited to the order total relating to that particular order in dispute.
    • You hereby indemnify ChowIn against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of the app and/or any linked third party website or mobile application.

21. AVAILABILITY AND TERMINATION

    • We will use reasonable endeavors to maintain the availability of the App, except during scheduled maintenance periods, but are entitled at any time to discontinue providing the App or any part thereof with or without notice to you.
    • ChowIn may in its sole discretion terminate, suspend and modify the App, with or without notice to you. You agree that ChowIn will not be liable to you in the event that it chooses to suspend, modify or terminate the App, other than for processing any orders made by you prior to such time, to the extent possible.
    • If you fail to comply with your obligations under these Terms and Conditions this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the App, without any prejudice to any claims for damages or otherwise that we may have against you in law.
    • ChowIn is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the App and/or have created multiple user profiles, to blacklist you on its database (including suspending or terminating your access to the App), refuse to accept or process payment on any order, and/or to cancel any order, in whole or in part, on notice to you. ChowIn accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
    • At any time, you can choose to stop using the App, with or without notice to ChowIn.

22. FORCE MAJEURE EVENTS

    • As between you and ChowIn, no party will be liable to any other party for any delay or failure in performing its obligations in terms of these terms and conditions due to an event beyond its control, including but not limited to, an act of God, fire, flood, earthquake or war.

23. GOVERNING LAW AND JURISDICTION

    • These terms and conditions, the relationship between you and ChowIn, or any Restaurant, and/or any dispute arising from or in connection with these terms and conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
    • Any dispute that may arise between the parties shall be submitted by any party to the Arbitration Foundation of South Africa (“AFSA”) and shall then be decided by final arbitration held in Johannesburg before a single arbitrator in accordance with the AFSA Rules for expedited arbitration in operation from time to time.
    • Nothing in this clause 23 or the terms and conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the law and applicable legislation.

24. NOTICES

    • ChowIn hereby selects Unit 37, 1130 Libertas Avenue, Equestria, Pretoria as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“ChowIn’s chosen domicilum citandi et executandi”). ChowIn may change this address from time to time by updating these terms and conditions, without notice to you.
    • You hereby select your e-mail address registered on the App as your legal address, but you may change it by giving ChowIn not less than 7 days’ notice in writing.
    • Notices must be sent either by hand or e-mail and must be in English. All notices sent –
      • by hand will be deemed to have been received on the date of delivery; and
      • by email before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the email. All emails sent after 16h30 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.

25. INFORMATION

    • For the purposes of the Electronic Communications and Transactions Act 2002 (“ECTA”), ChowIn’s information is as follows, which should be read in conjunction with any other terms and conditions contained on the App:
      • Full name: Chow In Apps and Solutions (Pty) Ltd, a private company registered in South Africa with registration number pending.
      • Main business: Software and application development
      • Physical address for receipt of legal service (also postal and street address): Unit 37, 1130 Libertas Avenue, Equestria, Pretoria
      • PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be requested from info@chowin.co.za.

26. GENERAL

    • ChowIn 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 registered 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 delegate, 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 ChowIn 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 reduced to writing and accepted by or on behalf of ChowIn.
    • No indulgence, extension of time, relaxation or latitude which ChowIn (the “grantor”) may show, grant or allow to the registered user (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 ChowIn and no other warranty or undertaking is valid, unless contained in this document.