Terms And Conditions
This Agreement was last updated on May 8, 2019
PLEASE READ THIS CAREFULLY BEFORE ACCEPTING THESE TERMS AND CONDITIONS ON THIS APP
This end user agreement (the Agreement) is an agreement between you, (End-user or you) and Feastfox South Africa Proprietary Limited, a company incorporated under the laws of South Africa with registration number 2016/397877/07, (Feastfox, us or we) for the use of Feastfox version 2.0.3, or such newer version as may be available from time to time, mobile application software, the data supplied with the software, and the associated media (App) and online or electronic documents (Documents).
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, WE WILL NOT LICENSE THE APP TO YOU AND YOU MUST STOP THE DOWNLOADING PROCESS NOW AND YOU WILL NOT BE ABLE TO USE THIS APP.
You may print a copy of this Agreement for future reference. A copy of the latest version of the Agreement applicable to you will, at all times, be available at www.feastfox.com.
ACCEPTABLE USE RESTRICTIONS
- We license the use of the App and Documents to you on the basis of this Agreement and subject to any rules or policies applied by any appstore provider or operator (Appstore) from whose site the End-user downloaded the App (Appstore Rules). We do not sell the App or Documents to you. We and/or our licensors remain the owners of the App and Documents at all times.
- To be able to access the App and the Services, you must have the necessary software and hardware and access to third-party communication services. You will be responsible for paying the cost of any upgrades that are required to run the App. To use the App, you will need to have the required smartphone which has the required software. You will also need to download the free App from the Appstore. You will be responsible for paying the relevant network or wireless and data service charges that you incur when using the App or the Services via the Device.
- You are responsible for the equipment that you use to access the App and Services. We have no control over the equipment, software or service providers. We are not responsible for any error or delay that may arise as a result of any malfunction in such equipment or software or as a result of any actions or omissions of other service providers. We are not responsible if you are unable to access the App or Services because of your equipment, or because of software or services provided to you by third parties.
- The terms of this Agreement apply to the App or any of the services and/or facilities accessible through the App (Services), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply.
- If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this Agreement.
- From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the App and accepted any new terms.
- You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in clause 3.2.1 (Devices) and to download a copy of the App onto such Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this Agreement for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
- By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
- GRANT AND SCOPE OF LICENCE
- You may:
- download a copy of the App onto any number of mobile telephone or handheld devices on which the App is supported (Devices) and view, use and display the App and the Service on such Devices for your personal purposes only;
- use any Documentation to support your permitted use of the App and the Service; and
- receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
- You must be 18 years or older to buy and make use of the App.
- You may not transfer the App or the Service to someone else, whether for money, for anything else or for free. We are giving you, in your personal capacity, the right to use the App and the Service as set out above. If you sell any device on which the App is installed, you must remove the App from such device.
- LICENCE RESTRICTIONS
- Except as expressly set out in this Agreement or as permitted by any law, you agree:
- not to copy the App or Documents except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
- not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or Documents;
- not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
- not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing;
- to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
- to include our and/or our licensor’s copyright notice on all entire and partial copies you make of the App on any medium;
- not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
- to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology),
together, Licence Restrictions.
INTERACTIONS WITH THE MERCHANT
- You must:
- not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by this Agreement);
- not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service,
INTELLECTUAL PROPERTY RIGHTS
- Merchant Offerings, Bookings and Merchant Products
- The App allows you to locate certain businesses, including but not limited to restaurants, bars and cafes (Merchants), that are in a certain proximity to your current location. Part of the Services offered to you through the App, enable you to:
- take advantage of discounts, special offers and promotions that the Merchant advertises on the App (Merchant Offerings);
- make a booking or bookings for a table or tables at the Merchant’s place of business (Bookings); and
- take advantage of other offers that the Merchant may make available through the App (Merchant Products).
- You agree that we act merely as a facilitator and supply the App to you in order for you and the Merchant to connect with each other. As such, we assume no liability for the actions or omissions of the Merchant, and we are not, in any capacity, an agent of any Merchant. You accordingly indemnify us and hold us harmless for all losses, liability, damage (whether direct or consequential), costs (including legal costs on an attorney and client scale), and any charges, penalties and expenses suffered by you, howsoever incurred, due to the acts or omissions of the Merchant.
- Descriptions of the Merchant Offerings, Bookings or Merchant Products advertised on the App are provided by the Merchants or other referenced third parties. We do not investigate or vet Merchants. We are not responsible for any claims associated with the description of the Merchant Offerings.
- You agree that you are not entitled to combine any Merchant Offering with any other discount, special or promotion that is offered by the Merchant at its place of business, unless the Merchant specifically gives consent to you to do so.
- You agree that the Merchant Offering, Merchant Bookings or Merchant Products are only available for use for dine in purposes, i.e. cannot be utilized to “take away” the Merchant Offerings or Merchant Products and such products must be consumed at the Merchant’s place of business at a table provided by the Merchant. The only exception to this rule is if the Merchant is exclusively a “take-away” restaurant and does not have “in-dining” facilities.
- You agree that pricing relating to Merchant Offerings, Bookings or Merchant Products on the App may change at any time at the sole discretion of the Merchant concerned.
- The Merchant may advertise Merchant Offerings, Bookings or Merchant Products on the App, that require the Merchant to have an up-to-date regulatory authorization, license, or certification. We do not verify, validate, or collect evidence of any regulatory authorization, license or certification from any Merchant. You should make whatever investigation you deem necessary or appropriate before purchasing any Merchant Offerings, Bookings or Merchant Products to determine whether the Merchant is qualified to provide the Merchant Offerings, Bookings or Merchant Products. The Merchant is solely responsible for the quality of the Merchant Offerings, Bookings or Merchant Products being provided.
- Merchant Offerings, Bookings or Merchant Products are only available for 30 minutes from the time that the Merchant Offerings or Merchant Products are purchased, or Bookings are made, by you and confirmed by the App.
- Payment shall be made by you for the Merchant Offerings, Bookings or Merchant Products directly to the Merchant.
- Your Use of the Merchant Offerings, Bookings or Merchant Products
- Once you have confirmed a Merchant Offering, Booking or Merchant Product, you have 30 seconds in which to cancel the Merchant Offering, Booking or Merchant Product. If you have not cancelled the Merchant Offering, Booking or Merchant Product, you are obliged to honour the Merchant Offering, Booking or Merchant Product. If you do not honour Merchant Offering, Booking or Merchant Product, i.e. you do not present yourself at the Merchant’s place of business and utilize the full Merchant Offering, Booking or Merchant Product that you have selected on the App and that has been confirmed by the App (Failure), this Failure will be noted on your account on the App.
- If your account indicates that you have three Failures, your account will be suspended for a certain period of time and repeat offenders shall be unsubscribed and disallowed from using the App in the future. The aforementioned suspension and un-subscription shall be affected unless such Customer can provide an account or evidence, which is acceptable to Feastfox in its sole discretion, that you did in fact honour the Merchant Offerings, Bookings or Merchant Products, i.e. that the Customer in fact did show up at the Merchant’s place of business. Evidence that will indicate this fact would be, for example, a bank receipt from the Merchant in question’s place of business.
- You acknowledge that all intellectual property rights in the App, the Documents and the Technology anywhere in the world belong to us, any of our Affiliates or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, the Documents or the Technology its upgrades, updates, modifications and variations thereto other than the right to use each of them in accordance with the terms of this Agreement. In addition, You shall not, at any time and in any way, question or dispute the ownership of the software related to the App and you undertake not to infringe or prejudice any rights of the Supplier or its licensors in and to the App, the Documents or the Technology and its upgrades, updates, modifications and variations thereto, and you undertake not to infringe or prejudice any of our or our licensors’ rights in and to the App, the Documents or the Technology and its upgrades, updates, modifications and variations thereto.
- You acknowledge that you have no right to have access to the App in source-code form.
- Except as expressly set forth herein, we are not deemed to grant you any license or rights under any intellectual property or other proprietary rights. All rights not granted are expressly reserved.
- By agreeing to this Agreement, you acknowledge that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
COMMUNICATION BETWEEN THE PARTIES
- If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at www.feastfox.com or the help section in the App.
CHANGING THE TERMS OF THIS AGREEMENT
- If you wish to contact us in writing, or if any clause in this Agreement requires you to give us notice in writing, you can send this to us by e-mail at email@example.com. We will confirm receipt of your communication by contacting you in writing, normally by e-mail, or SMS.
- You agree that we can send you information about the App, Services or this Agreement by any means, including but not limited to publishing a notice on the App itself or using electronic means including SMS or email, these details shall be provided to Feastfox by you upon signing up with the App.
We may change the terms of this Agreement at any time on notice to you in accordance with clause 10, with details of the change or by notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App or the Services. If you do not wish to accept the new terms then you may no longer be able to use the App and the Services and will no longer be bound to this Agreement and the relationship between us and you will terminate.
COLLECTION OF TECHNICAL DATA ABOUT YOUR DEVICE
- APP UPDATES AND CHANGES TO THE SERVICE
- From time to time, we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App yourself, for the same reasons. In addition, and notwithstanding anything else contained in this Agreement, we shall upgrade, update or modify the App at our sole discretion but we are not obliged to perform such upgrades at any time. You agree to follow all reasonable instructions from us to ensure that you can access the latest upgrades, updates or modifications in order for the App to run optimally, including but not limited to following all instructions that may be communicated to you as email notifications, push notifications or in-app notifications.
- If you choose not to install such updates or if you opt out of automatic updates, you may not be able to continue using the App and the Service and you will have the option to cancel this Agreement.
COLLECTION OF LOCATION DATA FROM YOUR DEVICE
By using the App or any of the Services, you agree to us collecting and using technical information about the Devices on which you use the App and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
- Our Services will make use of location data sent from your Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Device; however, this will materially limit the scope of the Services provided to you by us. By using our Services with the location data functionality turned on, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.
- You may stop us collecting such data at any time by turning off the location services settings on location of settings; however, you acknowledge that doing so will inhibit the proper functionality of the App and the Services.
- For your convenience only, the App or any Service may contain links to other independent websites which are not provided by us (Third-Party Sites). Third-Party Sites are not under our control and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
- You will need to make your own independent judgement about whether to use any such Third-Party Sites, including whether to buy or use any products or services offered by them.
- We are not a party to any disputes between you any third parties.
- You alone are responsible for obtaining the terms and clauses or rules that apply to you and the products or services offered by third parties.
DISCLAIMER OF WARRANTY
- You acknowledge that the App or the Services have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App, as described in the Documents and the Services, meet your requirements.
- We only supply the App and Documents and provide the Services for domestic and personal use. You agree not to use the App, Documents and Services for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity arising from your use of the App, Documents and Services.
- To the extent permitted by applicable law, in no event shall we, our subsidiaries or affiliates or any of our or their respective employees, officers, directors, agents, merchants, partners, third-party content providers or licensors, be liable for any services provided to you by the Merchants, including but not limited to the Merchant Offerings, the Bookings, and/or the Merchant Products, or any services provided by other service providers or business partners.
- In no event shall we, our subsidiaries or affiliates or any of our or their respective employees, officers, directors, agents, merchants, partners, third-party content providers or licensors, be liable for any indirect, incidental, special or consequential losses, loss of profit, loss of business, or punitive damages arising out of or in connection with any of the following:
- your use of the App, the content or user content, including, without limitation, any personal information, and any other information either contained on the App or submitted by you to the App;
- your inability to use the App;
- modification or removal of content submitted on the App;
- the Merchant Offerings, the Bookings, and/or the Merchant Products, and other products and programs accessible or available through the App;
- any products or services other than Merchant Offerings, the Bookings, and/or the Merchant Products purchased or obtained from a Merchant;
- this Agreement; or
- any improper use of information you provide to the App, including, without limitation, any personal information.
- We are only responsible for direct loss or damage, suffered by you, that is a foreseeable result of our breach of this Agreement or our gross negligence up to the limit specified in clause 16.6.
- Our maximum aggregate liability under or in connection with this Agreement (including your use of any Services) whether in contract, delict (including negligence) or otherwise, shall in all circumstances be limited to R1,000.
- EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WE DO NOT MAKE ANY FURTHER WARRANTIES, EXPRESS OR IMPLIED, AND, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, YOU HEREBY EXPRESSLY DISCLAIM ANY WARRANTIES, TERMS AND CLAUSES, EXPRESS, IMPLIED OR STATUTORY WITH RESPECT THERETO, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CLAUSES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AS TO THE USE OF REASONABLE SKILL AND CARE AND NON-INFRINGEMENT, AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION.
- You expressly agree that the use of the App is at your sole risk. None of us, our subsidiaries or affiliates or any of our or their respective employees, agents, Merchants, third-party content providers or licensors or any of their officers, directors, employees or agents, warrant that use of the App will be uninterrupted, secure, virus-free or error free, nor do we or they make any warranty as to (a) the results that may be obtained from use of the App, or (b) the accuracy, completeness or reliability of (i) the content on the App, including, without limitation, Merchant Offerings, Merchant Products, Bookings or other available programs; (ii) descriptions of Merchant Offerings, Merchant Products, Bookings or other available programs; or (iii) all content and other information contained on the App, Merchant Offerings, Merchant Products, Bookings and other available programs accessible or available through the App, including, without limitation, those of title, non-infringement, non-interference, merchantability, suitability and fitness for a particular purpose, as well as warranties implied from a course of performance or course of dealing.
- You agree to defend, indemnify and hold harmless us, our subsidiaries and affiliates and our and their respective directors, officers, employees and agents from and against all claims and expenses, including, without limitation, attorneys’ fees, arising out of, related to, or in connection with any of the following: (a) any Merchant Offerings, Merchant Products or Bookings purchased by you through the App or any additional products or services purchased or obtained by you from the Merchant; (b) any personal information submitted by you, in connection with the App, or any use of the App in violation of this Agreement; (c) fraud you commit or your intentional misconduct or gross negligence; or (d) your violation of any applicable laws or rights of a third-party.
- You are solely responsible for your interactions with Merchants. To the extent permitted under applicable law, you hereby release us from any and all claims or liability related to any product or service offered by the Merchant, regardless of whether such product or service is a Merchant Offering, a Merchant Product or a Booking available through the App, any action or inaction by a Merchant, including, without limitation, any harm caused to you by such action or inaction of a Merchant, a Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Merchant Offering, a Merchant Product or a Booking or any other product or service purchased or obtained by you from the Merchant, and any conduct of any other third party.
- From time to time, we may make third party software/applications available for download via the service channel. You download and use the software at your own risk. We make no warranty about the software, whether express or implied. You will be bound to the license terms of the software licensor. You hereby indemnify us and hold us harmless if you breach the license clauses.
- EVENTS OUTSIDE OUR CONTROL
- You can access the App or Services seven days a week, 24 hours a day. However, at certain times, the App and/or some or all of the Services or other services may not be available due to routine maintenance or emergency repairs or because of circumstances outside our control, such as (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes; (d) labour strikes; (e) error or disruption to major computer hardware or networks or software failures; (g) electricity outages/blackouts or the unavailability of any communications system or networks or (h) other causes beyond the reasonable control of Feastfox. (Events Outside Our Control). In this case you must take reasonable steps to minimise or prevent loss or risk to you.
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement, that is caused by any Events Outside Our Control.
- If an Event Outside Our Control takes place that affects the performance of our obligations under this Agreement:
- both parties’ obligations under this Agreement will be suspended and the time for performance of the respective obligations will be extended for the duration of the Event Outside Our Control; and
- we will use our reasonable endeavours to find a solution by which our obligations under this Agreement may be performed despite the Event Outside Our Control.
- If an Event Outside Our Control takes place that affects the performance of our obligations under this Agreement and continues for a period longer than 15 days, either party may cancel this Agreement on notice to the other party.
- If we need to change the scope of our services as a result of Events Outside Our Control, we will use our reasonable endeavours to give you prior notice of such interruptions and changes, but we cannot guarantee that such notice will be given to you. We may stop providing any one of the Services or any services provided on the App at any time. We will however, notify you of this within a reasonable time of these changes being made. You agree that a notice published on the App or a notice sent to you via email or SMS or a notice envisaged in terms of clause 10 will be sufficient notice to you. You will be regarded as having accepted all transactions and changes to your account settings made via the App unless you notify us of your objection within 5 (five) hours of receiving a notification from us, by any means.
OTHER IMPORTANT TERMS
- We may terminate this Agreement immediately on notice to you, if:
- you commit fraud or we suspect that you have done so;
- we believe that your behaviour was inappropriate or constitutes misconduct;
- you breach this Agreement;
- you no longer have access to the equipment or services necessary to use the App or the Services (e.g. if your network service provider removes your registered cellphone number form its network or ends your contract);
- the law requires us to do this; and/ or
- you don’t use the App or the Services for a period of 6 (six) months or more. If we end the agreement because of this, the accountholder will have to register again.
- On termination for any reason:
- all rights granted to you under this Agreement shall cease;
- you must immediately cease all activities authorised by this Agreement;
- you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control and certify to us that you have done so.
- We may transfer our rights and obligations under this Agreement to another organisation, but this will not affect your rights or obligations under this Agreement.
- You may only transfer your rights or obligations under this Agreement to another person if we agree in writing.
- If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- Each of the clauses of this Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
- Please note that this Agreement, its subject matter and its formation, are governed by South African law. You and we both agree that the courts of South Africa will have non-exclusive jurisdiction to decide on matters connected herewith.