- These Terms (“Terms”) govern your (“User”) use of the Debonairs Pizza website, mobile site and ‘app’ located, inter alia, at the domain names www.debonairs.com, www.debonairspizza.co.za, debonairs.mobi, debonairspizza.mobi, as well as via any other electronic application or media (“Website”). By accessing and using the Website, the User agrees to be bound by the Terms set out in this legal notice. If the User does not wish to be bound by these Terms, the User may not access, display, use, download, or otherwise copy or distribute Content obtained at the Website.
2. Updating of these Terms
- Debonairs Pizza may change, modify, add to or remove from portions or the whole of these Terms. Changes to these Terms will become effective when the changes are posted to this Website. Debonairs Pizza will notify the User of the changes via email or by posting a prominent notice on the Website. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance of these Terms, including any changes or updates.
3. Supplier of Goods or Services Details
- In accordance with the disclosure requirements of the Electronic Communications and Transactions Act (“ECTA”), 25 of 2005, the supplier of goods or services offered for sale, hire or exchange by way of an electronic transaction, makes the following information available to consumers:
- The supplier is Famous Brands Management Company (Pty) Ltd (“Supplier”) a private limited company duly registered and existing under the laws of South Africa registration number: 2001/004345/07, operating via its franchisee network across South Africa under the brand DEBONAIRS PIZZA (“Debonairs Pizza”);
- Supplier has its physical address and place of registration at 478 James Crescent, Midrand, 1685;
- Supplier will accept legal service at 478 James Crescent, Midrand, 1685;
- The Office Bearers of the Supplier are: Kevin Hedderwick, Darren Hele and Norman Richards;
- The telephone number of the Supplier is: (011) 315 – 3000;
- Supplier’s website is www.debonairs.com, www.debonairspizza.co.za, debonairs.mobi, debonairspizza.mobi and its email address is firstname.lastname@example.org.
4. Goods and Services
- The goods (“Goods”) offered by Debonairs Pizza are indicated on the Website under the “home”, “menu” and “promotion” sections of the Website, as updated from time to time.
- The purpose of the Website is to allow the User to order and view the Goods via the Website.
- The full price for the Goods is indicated on the Menu, as updated from time to time, and will vary depending on the type, quantity and size of the Goods ordered as well as any variations, amendments or upgrades made thereto.
- FREE DELIVERY - Free delivery is subject to the following terms and conditions:
- A minimum order of R50.00 is required to qualify for Free Delivery;
- Each store has a specified delivery area (“Specified Delivery Area”) that is indicated on the Website for each particular store in related to which an order is placed. The delivery area for each store is no more that than 5km (Five Kilometres) from the store ordered from. If the delivery area is not specifically mentioned on the Website in relation to the particular store that the order is placed, such area is deemed not to be included in the Specified Delivery Area for that particular store. Debonairs Pizza reserves the right not to delivery any Goods to an area outside of the Specified Delivery Area. However, Debonairs Pizza may, at its sole discretion, elect to deliver Goods to area outside of the Specified Delivery Area, subject to a reasonable delivery fee. In order to calculate the distance from the store to the User for the purposes of determining whether Free Delivery applies will be calculated as the ‘as the crow flies’ distance calculated from the restaurant ordered from, to the first point of entry (i.e. security gate). The calculation for determining the delivery will be based on the actual kilometres travelled ‘door to door’.
- Goods and services offered through this website by Supplier are strictly on an “as is” basis for the price as indicated on the Website, as updated from time to time.
- Quality Promise - HOT, FRESH OR FREE:
- The Free Pizza promotion only applies to pizza’s that have a “Hot or Not Dot” sticker, applied by Debonairs Pizza to the outside of the box; and
- That upon presentation to the User the “Hot or Not Dot” sticker has turned black.
- The following are excluded from the above HOT, FRESH OR FREE promotion:
- Orders of 8 (Eight) or more pizzas, whether they are ordered by a single User or 2 (Two) or more Users acting in conjunction with one another, are excluded from the above promotion;
- Only orders within the Specified Free Delivery Areas of each particular store apply;
- Available for real deal, standard and large pizzas only.
- User’s cooling-off rights under section 44 of ECTA do not apply in terms of section 42(c) of ECTA insofar as the electronic transaction applies to the supply of foodstuffs, beverages and other goods intended for everyday consumption supplied to the home, residence or workplace of the consumer.
- Payment can be made in cash upon delivery or collection of the Goods or online by credit card through a sufficiently secure payment system. The payment system allows for review, corrections and withdrawal by User prior to placing a final order.
- In order to access some of the features of the Website, the User must create an account (“User’s Account”), which details the Users Personal Information. A User may never use another User’s Account without the express permission from that User.
- The User is responsible for maintaining the confidentiality of the User’s Account and password and for restricting access to the User’s computer.
- The User agrees to accept responsibility for all activities that occur in relation to the User’s Account, including the purchasing of and payment for Goods.
- The User warrants that all orders placed in relation to that User’s Account are made by the User or with the User’s express consent and the User will be responsible for the payment of any orders placed in respect of the User’s Account.
7. Cancellation and Opting Out
- Debonairs Pizza reserves the right, in its sole and absolute discretion, to terminate or cancel the User’s Account and to cease providing any of the Goods or services currently offered via the Website, including the online ordering services.
- The User may at any time voluntarily cancel the User’s Account.
- Upon termination or cancellation of the User’s Account for any reason, either by the User or Debonairs Pizza, the Personal Information will be permanently deleted.
- Upon Registration the User’s Account, the User has an option to be sent information about special products and services in the future either by email or SMS, or both (“Further Information”). The User may at any stage amend its election to receive Further Information by editing the User’s Account or by contacting Debonairs Pizza via the Website or via email (email@example.com), which request will be effect as soon as is reasonably possible.
- The User may request details of the Personal Information, which is collected, stored and used by Debonairs Pizza. In order to obtain such Personal Information the User must submit a request in writing or via email (firstname.lastname@example.org) to Debonairs Pizza. Before any Personal Information is provided to the User, the User will be required to verify its own identity to the satisfaction of Debonairs Pizza and in accordance with applicable laws.
- It is the sole responsibility of the User to ensure that the User’s Personal Information is accurate and complete. The User agrees that it is the User’s responsibility to notify Debonairs Pizza of any inaccuracies or incompleteness with respect to that User’s Personal Information and to supply Debonairs Pizza with the accurate and/or complete Personal Information.
- Debonairs Pizza offers Users to file complaints via the “Contact us” service of the Website or the “Customer Care Line”. Currently Supplier does not subscribe to any alternative dispute resolution code or mechanism.
9. Intellectual Property Rights
- All intellectual property, including copyright, know-how, goodwill or trade marks used on or in relation to the Website is owned by Debonairs Pizza, Famous Brands Management Company (Pty) Ltd or by the original creator of the materials (“Owner”) and is protected by law, including but not limited to, the Trade Marks Act 194 of 1993, the Copyright Act 98 of 1978 as well as the common law of South Africa and various treaties and conventions. None of the materials may be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any form or by any means without the prior written permission of the Owner. All rights are reserved and any unauthorised use of the copyright, trade marks or other intellectual property right appearing on the Website may result in criminal and/or civil penalties.
- Debonairs Pizza may make any changes to the Website or the Goods or services offered through the Website at any time and without notice to the User.
10. Limited License to Users
- Debonairs Pizza grants the User, a non-exclusive, non-transferable, limited and revocable (reversible) right to access, display, use, download and otherwise copy the current and future content displayed on the Website (“Content”), including the downloadable menu, for personal, non-commercial and information purposes only.
- This Website and the Content may not be reproduced or otherwise exploited for any commercial purpose without the express prior written consent of Debonairs Pizza.
- The use of the Website is limited to adults, who can purchase with a credit card. If a User is under the age of 18 (Eighteen) years (“Minor”), the Minor may only use the Website with the consent of a parent or guardian. Debonairs Pizza reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
- Debonairs Pizza and the Owners, their affiliates, franchisees or subsidiaries reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
- Any unauthorised use terminates this license.
11. Limitation of liability
- To the full extent permitted by law, the Website and all Content on the Website, are provided on an “as is” basis, and may include inaccuracies or typographical errors.
- Debonairs Pizza and the Owners as well as their shareholders, franchisees, suppliers, employees, directors, partners, affiliates and agents (“Service Providers”) will not be liable for any damage, or loss or liability of any nature, however arising (including negligence), including lost profits or any special, incidental or consequential damages arising out of or in connection with the use of the Website, the Goods and services provided or these Terms. The liability of the Service Providers to the User or any third parties in any circumstance is limited collectively to R5 000.00 (Five Thousand Rand).
- The Service Providers do not make any representations or warranties of any kind, express or implied, as to the operation of the Website or the Information, Content, materials, or Goods included on the Website. The Service Providers do not warrant that the Website, its servers, or e-mail sent from them are free of viruses or other harmful code. The Service Providers will not be liable for any damages of any kind arising from the use of the Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. The User expressly agrees that its use of the Website is at the User’s sole risk.
12. Privacy, Access To and Use of Information
- Debonairs Pizza receives various types of information (“Information”) from Users who access the Website, including personal information as detailed in the Promotion of Access to Information Act (“PAIA”), Act 2 of 2000, and as detailed in section 1 of the ECTA (“Personal Information”).
- Debonairs Pizza may electronically collect, store and use Personal Information, including the name, contact details, email and IP address of the User. While Debonairs Pizza will take commercially reasonable care to safeguard the information provided by the User from unauthorized access or disclosure, Debonairs Pizza, its affiliates, franchisees, shareholders, directors, employees and partners do not represent or guarantee that the safeguards will provide absolute protection to the User.
- By providing the Personal Information to Debonairs Pizza you consent to Debonairs Pizza collecting maintaining, storing and processing the information.
- Debonairs Pizza will not, without the Users prior consent, disclose your Personal Information to a third party other than to effect the purchase, sale and delivery of the Goods or if legally required to do so. However, Debonairs Pizza may use the Personal Information to statistical or aggregated information in such a way that the User may not be identified.
- Debonairs Pizza, its shareholders, franchisees, affiliates, directors, employees and partners will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential or disclosed information that you make to Debonairs Pizza through the Internet, or that you expressly or implicitly authorise Debonairs Pizza to make, or for any errors or any changes made to any transmitted information.
- To ensure acquaintance with and awareness of the privacy measures and policies of the Debonairs Pizza, the User is urged to take care to read and understand the underlying privacy clauses incorporated in these Terms.
13. Privacy - Casual Surfing
- The User may visit the Website without providing any personal information.
- The User accordingly grants express written permission for the Website servers in such instances collecting the IP address of the Users computer, but not the email address or any other distinguishing information.
- This information is aggregated (added up) to measure the number of visits, average time spent at the Website, pages viewed and other similar information.
- Debonairs Pizza uses this information to determine use of the Website, and to improve Content.
- Debonairs Pizza assumes no obligation to protect this information, and may copy, distribute or otherwise use the information.
14. Privacy - Unsolicited information
- If the User posts unsolicited content or other information (“Information”) to the Website and does not indicate otherwise the User grants to Debonairs Pizza non-exclusive, royalty-free, perpetual (everlasting), irrevocable (irreversible), and fully sub-licensable, right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media.
- The User grants to the Owners the right to use the name that the User submits in connection with such Information, if they choose. The User warrants:
- that the User owns or otherwise controls all of the rights to the Information that the User posts;
- that the Information is accurate;
- that by the supply of the Information to Debonairs Pizza the User does not violate this Policy and does not infringe the rights of any person or entity; and
- that the User indemnifies Debonairs Pizza for all claims resulting from the receipt by Debonairs Pizza of the Information the User supplies to it.
- Debonairs Pizza may monitor and edit or remove any Information, where posted to public pages. Debonairs Pizza takes no responsibility, and assumes no liability for any Information posted by the User or any third party.
15. Privacy - Solicited Information the User Gives to Debonairs Pizza
- Debonairs Pizza requires certain Personal Information necessary to process transactions if the User requires any of Debonairs Pizza’s products or services.
- Debonairs Pizza receives and stores all Information, including Personal Information which the User enters on the Website or gives to Debonairs Pizza, in any other way.
- Debonairs Pizza provides its products and services in conjunction with its affiliates and franchisees. In this regard and unless specifically restricted by the User from the license below, the User expressly grants in writing to Debonairs Pizza a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media insofar as the User’s Information is required by Debonairs Pizza, its franchisees or affiliates to give effect to transactions that the User chooses to enter into.
16. Privacy - Promotional Information
- Debonairs Pizza aspires to provide first-class service to its customers, which requires Debonairs Pizza providing information to the User about new services or special offers. In each instance, the User is provided an opportunity to opt-out of such information circulars. For more information, please call the Debonairs Pizza Customer Care Line (0861 DPIZZA or 0861 374 992), or send an email to email@example.com.
17. Privacy - Business Transfers
- Debonairs Pizza may enter into business arrangements and its customer base is one of the more valued assets. In such an event, customer Information will be one of the transferable assets.
18. Privacy - Lawful Purposes
- When the Debonairs Pizza is served with due legal process requiring the delivery of Personal Information, it has the legal duty to abide by that demand, and will do so. Debonairs Pizza may also impart Personal Information if permitted or required to do so by law.
19. Privacy - Storage
- Personal Information will be stored for as long as it is used. Personal Information may be destroyed once it has become obsolete (out of date or unusable).
20. Privacy - Interception
- The User agrees that Debonairs Pizza may intercept, block, read, delete, disclose and use all communications sent or otherwise communicated to Debonairs Pizza, its employees, franchisees, directors and agents. User agrees that his or her consent satisfies the requirements of ECTA and RIC for consent in “writing” as defined.
- No waiver by a party of any breach, failure or default in performance by the other party, and no failure, refusal or neglect by a party to exercise any right hereunder or to insist upon strict compliance with or performance of the other party's obligations under these Terms, shall constitute a waiver of the provisions of these Terms and a party may at any time require strict compliance with the provisions of these Terms.
- These Terms constitute the entire agreement between the User and Debonairs Pizza with respect to the use of the Website and the provision of the Goods. There are no other oral or written understandings or agreements between the User and Debonairs Pizza relating to the subject matter of these Terms. Save as provided for herein, no amendment, cancellation or other modification of these Terms shall be valid or binding on a party hereto unless reduced to writing.
- These Terms shall be governed by and in accordance with the laws of South Africa and the User consents to the jurisdiction of the South Gauteng High Court, Johannesburg in the event of any dispute.
- All the provisions of these Terms shall be severable and no provision shall be affected by the invalidity of any of the other provisions.
- The headings of the clauses are intended for convenience only and shall not affect the interpretation of these Terms.