TERMS & CONDITIONS:

1.     WEBSITE TERMS OF USE

These terms (together with our Privacy Policy) set out the terms and conditions (“Website Terms”) on which we, provide our services through our website  https://vagabondkitchens.placeorder.co.za/# and any mobile application through which you (“the Customer ”or ”you”) access our website or services (together, “Website”). Please note that this includes any current or future version of our website, whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate website or related website for accessing our website or services that may be developed from time to time).

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. By accessing and using the Website you agree to be bound by these Website Terms. If the you do not wish to be bound by these Webiste Terms, you may not access, display, use, download, or otherwise copy or distribute content obtained from the Website.

1.2 UPDATING THESE WEBSITE TERMS

We may change and/or update any portion or the whole of these Website Terms. Changes to these Website Terms will become effective when the changes are posted to the Website. We will notify you of the changes on the Website. Your continued use of the Website following the posting of changes or updates will be considered notice of your acceptance of these terms, including any changes or updates.

1.3 SUPPLIER OF GOODS OR SERVICES DETAILS

1.3.1 In accordance with the disclosure requirements of the Electronic Communications and Transactions Act (“ECTA”), 25 of 2005, We make the following information available to consumers:

1.3.1.1 The supplier is Vagabond Kitchens (Pty) Ltd and Ruby Jam cc, a private limited company duly registered in terms of the laws of South Africa, operating via network across South Africa under the brandsVagabond Kitchens

1.3.1.2 Our physical address is 1 Silo square, Waterfront, Cape Town 8001 & 21 Regent road, Sea Point, Cape Town, 8005

1.3.1.3 We will accept legal service at above addresses.

1.3.1.4 Our telephone number and email is: +27 61 531 6076 and website@vagabondkitchens.co.za

1.3.1.5 Our website is  www.vagabondkitchens.co.za

2. GOODS AND SERVICES

2.1Our Website provides a way for you to communicate your orders for both collection and delivery from our Vagabond Kitchens in stores (“the Store(s)”) displayed on the Website.

2.2 The goods (“Goods”) offered by our Stores are indicated on the Website as updated from time to time.

2.3 Customer care is extremely important to us, therefore, in the event that you are dissatisfied with the quality of food ordered through the Website, subject to paragraph 3.4 below, we will assist you, where possible, in seeking a refund to a maximum amount equivalent to the value of the original order. An important part of our quality control process is that Customers provide ratings and feedback on the Website to reflect their experiences with our Stores. Please note that any complaint must be lodged with our customer care team within 48 hours of placing the order.

2.4 The Customer may place orders for Goods, which we may accept or reject. Whether or not we accept an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment for the Goods.

2.5 Your 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 Customer.

2.6 The Customer understands that delivery times may be affected due to bad weather, traffic conditions and/or any other unforeseen circumstances.

2.7 Delivery Policy is to process and dispatch through Lularides which endeavours to ensure a maximum delivery time of 45 min, from the time the driver has collected the order from the store, for all orders <= 5km. A 20% tolerance is allowed for unforeseen circumstances such as strikes, bad weather, accidents etc.

3. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED

3.1 Once you have created your order from the menu of your chosen Store 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.

3.2 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.

3.3 On receipt of your order, we 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 Store and whether it has been accepted for preparation by the Store or not.

3.4 Where applicable, all delivery orders will be performed by the Store directly. In the event that you have a complaint about the service provided by the Store then complaints must be lodged initially with the Store. If you have paid for your food and delivery online, our 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.

3.5 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.

3.6 All transactions will be processed in South African Rands (ZAR).

3.7 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.

3.8 Please note that to securely add a card we need to process it through 3D secure verification to comply with South African digital payment security protocol. This will be at a transaction cost of R2,00 (two rand) per new card added to the vault, this fee will be deducted from your first order payment from that new card addition.

4. PRICE AND PAYMENT

4.1 Prices will be as quoted on the 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.

4.2 The 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 Store will normally contact you before the order in question is dispatched. We are 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.

4.3 Payment for all orders must be by credit or debit card as stated on the Website or in cash at the point of collection or delivery to you.

4.4 A discount may apply to your order if you use a promotional code recognised by the Website and endorsed by us.

4.5 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.

5.  LICENCE

5.1  You are permitted to print and download extracts from the Website for your own personal use on the following basis:

5.1.1 Unless otherwise stated, the copyright and other intellectual property rights in the Website and in material published on it (including without limitation photographs and graphical images) are owned by us. 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 the Website other than in accordance with paragraph 6.1 is prohibited.

5.1.2 You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 6.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.

5.1.3 You must ensure that our status as the authors of the material on the Website must always be acknowledged.

5.1.4 You are not allowed to use any of the materials on the Website itself for commercial purposes without obtaining a licence from us to do so.

5.1.5 Except as stated in paragraph 6.1, no part of the 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.

5.1.6 Any rights not expressly granted in these Website Terms are reserved.

6. SERVICE ACCESS

6.1 While we try to ensure the Website is normally available twenty four (24) hours a day, we will not be liable if the Website is unavailable at any time or for any period.

6.2 Access to the Website may be suspended temporarily and without notice.

6.3 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.

7. VISITOR MATERIAL AND CONDUCT

7.1 Other than personally identifiable information, which is covered under the our Privacy Policy, any material you transmit or post to the Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and anyone we designate will be free to copy, disclose, distribute, incorporate, and otherwise use that material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.

7.2 You are prohibited from posting, uploading or transmitting to or from the Website any material that:

7.2.1 breaches any applicable local, national or international law;

7.2.2   is unlawful or fraudulent;

7.2.3  amounts to unauthorised advertising; or

7.2.4  contains viruses or any other harmful programs.

7.3  You may not misuse the Website (including by hacking).

7.4  Any comments or feedback that you submit through the Website must not:

7.4.1 contain any defamatory, obscene or offensive material;

7.4.2 promote violence or discrimination;

7.4.3 infringe the intellectual property rights of another person;

7.4.4 breach any legal duty owed to a third party (such as a duty of confidence);

7.4.5 promote illegal activity or invade another’s privacy;

7.4.6 give the impression that they originate from us; or

7.4.7 be used to impersonate another person or to misrepresent your affiliation with another person.

7.5  The prohibited acts listed in paragraphs 8.2 to 8.4 above are non-exhaustive. You will be liable to pay our costs and damages which we incurs as a result of you breaching any of these restrictions.

7.6  We 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 8.2 to 8.4.

8. LINKS TO AND FROM OTHER WEBSITES

8.1  Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed all of these third party websites and does not control (and is not responsible for these websites or their content or availability). We do 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 the Website, you do so entirely at your own risk.

8.2 You may link to the Website homepage www.vagabondkitchens.co.za provided that you do so in a fair and legal way which does not damage our reputation or take advantage of it.

8.3 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 us where none exists.

8.4 The website from which you link must comply with the content standards set out in these Website Terms.

8.5 We have the right to withdraw the linking permission at any time.

9.              DISCLAIMER

9.1 While we try to ensure that information on the Website is correct, we do not promise it is accurate or complete. we may make changes to the material on the Website, or to the services and prices described in it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update that material. In particular, we do not promise that the information provided by the Stores and displayed on the Website such as the menus, pricing and estimated times for deliveries and collections is correct or up to date.

9.2 We provide you with access to the 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 the Website and the services that we provide).

9.3 You are responsible for the security of your password that you used to register with the Website. Unless we negligently disclose your password to a third party, we will not be liable for any unauthorised transaction entered into using your name and password.

10. TERMINATION

10.1 We may terminate or suspend (at our absolute discretion) your right to use the Website and your use of the services immediately by notifying you in writing (including by email) if:

10.1.1 We believe you have posted material in breach of paragraphs 8.2, 8.3 or 8.4 (Visitor Material and Conduct);

10.1.2 We believe that you have breached paragraphs 9.2, 9.3 or 9.4 (Links to and from other websites); or

10.1.3 If you breach any other material terms of these Website Terms.

10.2 Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.

11. LIABILITY

11.1 We, 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 foreseeable) in connection with our services, the Website or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on these websites.

11.2 We take full responsibility for the content of the Website and for the communication of orders to the Store as set out in these Website Terms. Our 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 the Website including the processing of all credit or debit card refunds and chargebacks where appropriate.

11.3 Our 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 (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.

11.4 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all associated costs.

12. 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.

13. ADDITIONAL TERMS

13.1 We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy. You should review our Privacy Policy, which is incorporated into these Website Terms.

13.2 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.

13.3 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.

13.4 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.

13.5  The headings in these Website Terms are included for convenience only and shall not affect their interpretation.

14. YOUR STATUS

The use of the Website is limited to majors, who can purchase with a credit card. If a Customer is under the age of 18 (eighteen) years (“minor”), the minor may only use the Website with the consent of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.

15. WRITTEN COMMUNICATION

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.

16. EVENTS OUTSIDE OUR CONTROL

16.1 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”).

16.2 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:

16.2.1 strikes, lock-outs or other industrial action;

16.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

16.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

16.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

16.2.5 impossibility of the use of public or private telecommunications networks; and

16.2.6  the acts, decrees, legislation, regulations or restrictions of any government.

16.3 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.

17. SEVERABILITY

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.

18.           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.