ONLINE ORDERING TERMS AND CONDITIONS
IMPORTANT LEGAL NOTICE
Online ordering on this website or mobile application is powered by Yumbi.
Please read these Website Terms carefully before ordering any products from our Website, as your purchase of any products offered on the Website is subject to these Website Terms. You should understand that by ordering products via the Website (whether now or in the future), you agree to be bound by these Website Terms. Use of the Website is also subject to these Website Terms.
We reserve the right to change these Website Terms from time to time by changing them on this page. These terms and conditions were last updated on 18 March 2016.
We advise you to print a copy of these Website Terms for future reference. These Website Terms are only in the English language.
1. INTRODUCTION AND OUR ROLE
1.1 Yumbi (Pty) Ltd, trading as Yumbi (“YUMBI”) is a company registered in South Africa with registered company number 2013/118566/07, whose registered office is at 16 Frosterley Crescent, La Lucia Ridge, 1st Floor, Frosterley Park, La Lucia Ridge, Durban, 4019.
1.2 Yumbi (Pty) Ltd, trading as Yumbi (“YUMBI”) VAT number is 4780264653.
1.3 YUMBI provides a way for you to communicate your orders to both collection and delivery restaurants (“Restaurants”) displayed on this Website.
1.4 Customer care is extremely important to YUMBI, therefore, in the event that you are dissatisfied with the quality of food ordered through this Website, subject to paragraph 3.3 below, YUMBI will assist you, where possible, in seeking a refund from the restaurant to a maximum amount equivalent to the value of the original order. An important part of our quality control process is that consumers provide ratings and feedback on the Website to reflect their experiences with restaurants. Please note that any complaint must be lodged with our customer care team within 48 hours of placing the order.
1.5 You may access some areas of this Website without making a YUMBI order, and registering your details with us. Most areas of this Website are open to everyone.
1.6 By accessing any part of this Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you must leave this Website immediately. Please understand that if you refuse to accept these Website Terms, you will not be able to order any products from our Website
1.7 YUMBI may revise these Website Terms at any time. You should check this Website regularly to review the current Website Terms, because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you order products from us.
1.8 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Website Terms and that they comply with them.
2. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED
2.1 Once you have created your order from the menu of your chosen Restaurants you will be given the opportunity to submit your order by clicking on the “proceed”, “place my order” or similar button. Please note it is important that you check the information that you enter and correct any errors before clicking on this button since once you click on this, input errors cannot be corrected.
2.2 If at any time prior to you clicking on the “proceed”, “place my order” or similar button, you decide that you do not wish to proceed with your order, you should clear you order basket and then close the application window.
2.3 On receipt of your order, YUMBI will begin processing your order and we will send you a notification by either SMS or email when your order has been received by the restaurant and whether it has been accepted for preparation by the restaurant or not.
2.4 Where applicable, all delivery orders will be performed by the Restaurant directly. In the event that you have a complaint about the service provided by the restaurant then complaints must be lodged initially with the restaurant. If you have paid for your food and delivery online, YUMBI’s customer care team will, subject to your compliance with these Website Terms, assist with expediting the complaint procedures including the processing of credit or debit card refunds and chargebacks where appropriate.
2.5 Where any payment you make is not authorised you will be returned to the previous page on the Website and we shall not be obliged to provide the services.
2.6 All transactions will be processed in South African Rands (ZAR).
2.7 Please note that once you have made your order and your payment has been authorised you will not be able to cancel your order nor will you be entitled to a refund.
3. PRICE AND PAYMENT
3.1 Prices will be as quoted on this Website. These prices include VAT but may exclude delivery costs, which will be added to the total amount due (if you opt for delivery instead of collection), where applicable.
3.2 This Website contains a large number of menus and it is always possible that some of the menus may be incorrectly priced. If the correct price for an order is different from the price stated on the Website the Restaurant will normally contact you before the order in question is dispatched. YUMBI is under no obligation to ensure that the order is provided to you at the correct price or to compensate you in respect of incorrect pricing.
3.3 In the event that you have a complaint about the quality of food or service provided by the restaurants on this website then complaints must be lodged initially with the restaurant. If you have paid for your food online, YUMBI’s customer care team will, subject to your compliance with these Website Terms, assist with expediting the complaint procedures including the processing of credit or debit card refunds and chargebacks where appropriate.
3.4 Payment for all orders must be by credit or debit card as stated on this Website or in cash at the point of collection or delivery to you.
3.5 A discount may apply to your order if you use a promotional code recognised by this Website and endorsed by YUMBI.
3.6 Please note that from time to time there may be delays with processing payments and transactions; on occasion this may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your credit card.
4.1 You are permitted to print and download extracts from this Website for your own personal use on the following basis:
4.1.1 Unless otherwise stated, the copyright and other intellectual property rights in this Website and in material published on it (including without limitation photographs and graphical images) are owned by YUMBI, Fishaways or YUMBI’s licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Website Terms, any use of extracts from this Website other than in accordance with paragraph 4.1 is prohibited.
4.1.2 You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 4.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
4.1.3 You must ensure that YUMBI’s status as the authors of the material on this Website must always be acknowledged.
4.1.4 You are not allowed to use any of the materials on this Website or the Website itself for commercial purposes without obtaining a licence from YUMBI to do so.
4.2 Except as stated in paragraph 4.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
4.3 Any rights not expressly granted in these Website Terms are reserved.
5. SERVICE ACCESS
5.1 While YUMBI tries to ensure this Website is normally available twenty four (24) hours a day, YUMBI will not be liable if this Website is unavailable at any time or for any period.
5.2 Access to this Website may be suspended temporarily and without notice.
5.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.
6. VISITOR MATERIAL AND CONDUCT
6.2 You are prohibited from posting, uploading or transmitting to or from this Website any material that:
6.2.1 breaches any applicable local, national or international law;
6.2.2 is unlawful or fraudulent;
6.2.3 amounts to unauthorised advertising; or
6.2.4 contains viruses or any other harmful programs.
6.3 You may not misuse the Website (including by hacking).
6.4 Any comments or feedback that you submit through the Website must not:
6.4.1 contain any defamatory, obscene or offensive material;
6.4.2 promote violence or discrimination;
6.4.3 infringe the intellectual property rights of another person;
6.4.4 breach any legal duty owed to a third party (such as a duty of confidence);
6.4.5 promote illegal activity or invade another’s privacy;
6.4.6 give the impression that they originate from us; or
6.4.7 be used to impersonate another person or to misrepresent your affiliation with another person.
6.5 The prohibited acts listed in paragraphs 6.2 to 6.4 above are non-exhaustive. You will pay YUMBI for all costs and damages which it incurs as a result of you breaching any of these restrictions.
6.6 YUMBI will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any material in breach of paragraph 6.2 to 6.4.
7. LINKS TO AND FROM OTHER WEBSITES
7.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. YUMBI has not reviewed all of these third party websites and does not control (and is not responsible for these websites or their content or availability). YUMBI does not endorse or make any representation about them, the material on them, or the results from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
7.2 You may link to this Website homepage (order.fishaways.co.za), provided that you do so in a fair and legal way which does not damage YUMBI’s reputation or take advantage of it.
7.3 You must not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by YUMBI where none exists.
7.4 The website from which you link must comply with the content standards set out in these Website Terms.
7.5 YUMBI has the right to withdraw the linking permission at any time.
8.1 While YUMBI tries to ensure that information on this Website is correct, we do not promise it is accurate or complete. YUMBI may make changes to the material on this Website, or to the services and prices described in it, at any time without notice. The material on this Website may be out of date, and YUMBI makes no commitment to update that material. In particular, we do not promise that the information provided by the Restaurants and displayed on this Website such as the menus, pricing and estimated times for deliveries and collections is correct or up to date.
8.2 YUMBI provides you with access to this Website and our services on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms (including any conditions implied by law which but for these Website Terms might apply in relation to this Website and the services that we provide).
8.3 You are responsible for the security of your password that you used to register with this Website. Unless YUMBI negligently discloses your password to a third party, YUMBI will not be liable for any unauthorised transaction entered into using your name and password.
8.4 PLEASE NOTE: YUMBI tries to accurately copy the item names, descriptions, prices, heat and allergenic warnings and other information ("Menu Information") from the menus that are provided to us by Restaurants. However, it is the Restaurants that are responsible for providing this Menu Information and ensuring that it is factually accurate. If you are in doubt about allergy warnings, contents of a dish or any other Menu Information, you should confirm with the Restaurant directly before ordering.
9.1 YUMBI may terminate or suspend (at our absolute discretion) your right to use this Website and your use of the services immediately by notifying you in writing (including by email) if:
9.1.1 YUMBI believes you have posted material in breach of paragraphs 6.2, 6.3 or 6.4 (Visitor Material and Conduct);
9.1.2 YUMBI believes that you have breached paragraphs 7.2, 7.3 or 7.4 (Links to and from other websites); or
9.1.3 If you breach any other material terms of these Website Terms.
9.2 Upon termination or suspension you must immediately destroy any downloaded or printed extracts from this Website.
10.1 YUMBI, and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, or loss or damages arising from or connected in any way to business interruption, loss of opportunity, loss of anticipated savings, wasted management or office time and whether in tort (including negligence), contract or otherwise, even if forseeable) in connection with our services, this Website or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on these websites.
10.2 YUMBI takes full responsibility for the content of this Website and for the communication of orders to the Delivery Restaurants as set out in these Website Terms. YUMBI’s customer care team will, subject to your compliance with these Website Terms and cooperation, use all reasonable endeavours to resolve any issues arising from the submission of orders via this Website including the processing of all credit or debit card refunds and chargebacks where appropriate. However, please note that the legal contract for the supply and purchase of food and beverages is between you and the Restaurants that you place your order with. YUMBI cannot give any undertaking that the food and beverages ordered from the Restaurants through this Website will be of satisfactory quality and any such warranties are disclaimed by YUMBI. Neither can YUMBI give an undertaking that the estimated delivery and collection times stated on this Website are accurate or will be fulfilled. These disclaimers do not affect your statutory rights against the Restaurants.
10.3 Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from YUMBI 's negligence, nor YUMBI 's liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.
10.4 With the exception of any liability referred to in paragraph 10.3 above, YUMBI’s total liability to you in relation to your use of the Website and the services that we provide including (but not limited) to liability for breach of these Website Terms and tort (including but not limited to negligence) is limited to an amount equivalent to twice the value of your order or One Thousand South African Rands (R1000.00), whichever is the lower.
10.5 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all associated costs.
11. GOVERNING LAW AND JURISDICTION
These Website Terms shall be governed by and construed in accordance with South African law. Disputes arising in connection with these Website Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the South African courts.
12. ADDITIONAL TERMS
12.2 If any provision or part of a provision of these Website Terms is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provisions or part provisions will be struck out of these Website Terms and the remainder of these Website Terms will apply as if the offending provision or part provision had never been agreed.
12.3 Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.
12.4 You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any business that we enter into a joint venture with, purchase or are sold to.
12.5 The headings in these Website Terms are included for convenience only and shall not affect their interpretation.
13. YOUR STATUS
13.1 By placing an order through our Website, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old.
14. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or ordering products via the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (“Force Majeure Event”).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
1. INFORMATION THAT WE COLLECT FROM YOU
1.1 When you visit the Website or make a YUMBI order through the Website, you may be asked to provide information about yourself including your name, contact details and payment information such as credit or debit card information. We may also collect information about your usage of the Website and information about you from the messages you post to the Website and the e-mails or letters you send to us.
2. USE OF YOUR INFORMATION
2.2 We may use your information to contact you for your views on our services and to notify you occasionally about important changes or developments to the Website or our services.
2.3 Where you have indicated accordingly, you agree that we may use your information to let you know about our other products and services that may be of interest to you including services that may be the subject of direct marketing and we may contact you to do so by post, telephone, mobile messaging (e.g. SMS, MMS etc.) as well as by e-mail.
2.4 Where you have indicated accordingly, you agree that we may also share information with third parties (including those in the food, drink, leisure, marketing and advertising sectors) to use your information in order to let you know about goods and services which may be of interest to you (by post, telephone, mobile messaging (e.g. SMS, MMS etc.) and/or e-mail) and to help us analyse the information we collect so that we can administer, support, improve and develop our business and services to you.
2.5 If you do not want us to use your data in this way or change your mind about being contacted in the future, please let us know by using the contact details set out in section 7 below and/or amending your profile accordingly.
2.6 Please note that by submitting comments and feedback regarding the Website and the services, you consent to us to use such comments and feedback on the Website and in any marketing or advertising materials. We will only identify you for this purpose by your first name and the city in which you reside.
3. DISCLOSURE OF YOUR INFORMATION
3.1 The information you provide to us will be transferred to and stored on our servers in Ireland, and may be accessed by or given to our staff working for third parties including companies within the YUMBI group of companies (which means our subsidiaries, our ultimate holding company and its subsidiaries) who act for us for the purposes set out in this policy or for other purposes notified to you from time to time in this policy.
3.3 If you have consented we may allow carefully selected third parties, including marketing and advertising companies, our affiliates and associates, to contact you occasionally about services that may be of interest to you. They may contact you by telephone, SMS as well as by e-mail. If you change your mind about being contacted by these companies in the future, please let us know by using the contact details set out in section 7 below and/or by amending your profile accordingly.
3.4 If our business enters into a joint venture with, purchases or is sold to or merged with another business entity, your information may be disclosed or transferred to the target company, our new business partners or owners or their advisors.
3.5 We may use the information that you provide to us if we are under a duty to disclose or share your information in order to comply with (and/or where we believe we are under a duty to comply with) any legal obligation; or in order to enforce our Website Terms and any other agreement; or to protect the rights of YUMBI, Restaurants or others. This includes exchanging information with other companies and other organisations for the purposes of fraud protection and prevention.
4. SECURITY AND DATA RETENTION
4.1 We take steps to protect your information from unauthorised access and against unlawful processing, accidental loss, destruction and damage. We will keep your information for a reasonable period or as long as the law requires.
4.2 Where you have chosen a password which allows you to access certain parts of the Website, you are responsible for keeping this password confidential. We advise you not to share your password with anyone.
4.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
5. ACCESSING AND UPDATING
You have the right to see the information we hold about you (“Access Request”) and to ask us to make any changes to ensure that it is accurate and up to date. If you wish to do this, please contact us using the contact details set out in section 7 below. In the event that you make an Access Request, we reserve the right to charge a fee to meet our costs in providing you with details of the information we hold about you.
All comments, queries and requests relating to our use of your information are welcomed and should be addressed to YUMBI, Torino Court, Block A, 4 Crooked Lane, Hillcrest, or call on tel. 087 230 0475.