Terms and Conditions

Legal and policy information for the Burger Fair ordering presence. Styling has been refreshed, but the wording below is preserved as-is.

This page is accessible from outside as:

https://feedme.burgerfair.co.za/ideal/burgerfairtermsandconditions.php

TERMS AND CONDITIONS

This page is accessible from outside as:

https://feedme.burgerfair.co.za/ideal/burgerfairtermsandconditions.php

1. Detailed description of goods and services.

Burger Fair (via Realtime Mall eCommerce application) is a business in the eCommerce of FOOD, and in FOOD DELIVERY sector.

2. Delivery Policy.

Subject to availability and receipt of payment, requests will be processed within business hours, and your food order confirmed by way of tracking feedback on our site, based on your order number .
UPDATE 2023: SORRY WE HAD TO STOP DELIVERIES DUE TO LOGISTIC ISSUES WITH DRIVER AVAILABILITY. Burgerfair would need to solve a way to handle deliviers.

3. Export Restriction.

The offering on this website is available to South African clients only. (Currently servicing Bellville and surrounding areas only).

4. Return-and-Refund policy.

Please see our Return-and-Refund policy (seperate pages). Use TOP LEFT pull-down menu to look at Return policy section.

5. Customer Privacy Policy

See the seperate Privacy policy document on our left-side pull-down menu.

6. Payment options accepted

Payment may be made via Visa and MasterCard using our online Payment Gateway (PAYGATE PLUS), as well as cash-on-collection when indicated.

7. Card acquiring and security

Card transactions will be acquired for Burger Fair via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

8. Customer details separate from card details

Customer details will be stored by Burger Fair separately from card details which are entered by the client on PayGate's secure site. For more detail on PayGate refer to www.paygate.co.za.

9. Merchant Outlet country and transaction currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

10. Responsibility

Burger Fair takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution of goods.

11. Country of domicile

This website is governed by the laws of South Africa and Burger Fair chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.

12. Variation

Burger Fair may, exclusively, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and ensure you are satisfied with these change before utilising this website. Use of the website once amendments have been made, on usage, you will have deemed to have accepted such changes.

13. Company information

This website is run by Burger Fair (private company) via RealTime Mall, and Burger Fair is based in South Africa trading as Burger Fair.

For the purposes of the Electronic Communications and Transactions Act 2002, Realtime Mall's information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
Full name: Realtime Mall (Pty) Ltd, a private company registered in South Africa with registration number 2020/010585/07.
Main business: e-commerce
Physical address for receipt of legal service (also postal and street address):
U3VpdGUgMjExLCA1MyBDcm93bndvb2QgUm9hZCwgT3Jtb25kZSwgSm9oYW5uZXNidXJnLCAyMDkx
(marked for attention: CEO and Legal), with a copy to
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a copy must be given in order for notice to be deemed valid.
Office bearers:
RmF0aW1hIFNhbW5ha2F5
UGhvbmUgbnVtYmVyOiArMjcgODYgNjAwIDEwNDQ=
T2ZmaWNpYWwgZW1haWwgYWRkcmVzczogaW5mb0ByZWFsbWFpbGJveC5jby56YQ==
PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from here. Restaurants' information is available in the relevant Product listing.

14. Electronic Communications

When you use the website or send emails, you consent to receive communication from us, our affiliates or partners electronically in accordance with our Privacy Policy.

15. Ownership and Copyright

The contents of the Website, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated on the website. ("Web Content") are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Burger Fair via Realtime Mall, its advertisers and/or sponsors, and is licensed to Realtime Mall.

You will not acquire any right, title or interest in the website or the Website Content.
Any use, distribution or reproduction of the Website Content is strictly prohibited or otherwise provided for by law.

16. Disclaimer

The use of the Website is entirely at your own risk and you undertake full responsibility for any risk or loss resulting from usage or reliance of any information on the website.

Whilst Burger Fair via Realtime Mall takes necessary precautions to ensure that the content of the website is accurate and complete, Realtime makes no representations or warranties, whether express or implied, as to the functionality, availability,integrity,quality,operation or timeliness of the website, or accuracy, completeness or reliability of any information on the website. If any such representations or warranties are made by Realtime Mall representatives, Realtime Mall shall not be bound thereby.
Burger Fair via Realtime Mall disclaims liability for all damage, loss or expense, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the website and/or any content therein, unless otherwise provided by law.
Any views or statements made or expressed on the website are not necessarily those of Burger Fair via Realtime Mall, its directors, employees and/or agents.
Access to the Burger Fair via Realtime Mall Site may be suspended temporarily or without notice in the case of maintenance, repairs, system failure or for reasons beyond our clients control. Burger Fair via Realtime Mall disclaims all liability for any malfunction, suspension or interruption of the website and not allowing website access due to network problems. We make reasonable efforts to ensure that the Website, our server and systems are virus-free but cannot guarantee that this is the case. We strongly recommend that you use virus protection software.

17. Limitation of liability

Burger Fair and Realtime Mall shall not be held liable for any direct, indirect, incidental, special or consequential loss or damages incurred, which might arise from your usage of, reliance upon, the website or the content contained, inability to use the website, and/or unlawful activity on the website. Should it be found that Realtime Mall is liable to you, such liability shall be limited to the value relating to your specific order.
Realtime Mall cannot be held liable for any inaccurate information published on the amendments /or any incorrect prices displayed on the website or communicated, unless where such liability arises from the gross negligence or wilful misconduct of Realtime Mall, its employees, agents or authorised representatives. You are encouraged email UmVhbHRpbWUgbWFsbCBhdCBpbmZvQHJlYWxtYWlsYm94LmNvLnph to report any possible issues.

18. Availability and termination

Access to the Burger Fair via Realtime Mall Site may be suspended temporarily or without notice in the case of maintenance, repairs, system failure or for reasons beyond our control. Burger Fair via Realtime Mall disclaims all liability for any malfunction, suspension or interruption of the website and not allowing website access due to network problems. We make reasonable efforts to ensure that the Website, our server and systems are operational, but cannot guarantee that this is the case.
Burger Fair via Realtime Mall may in its sole discretion terminate, suspend and modify the Website, with or without notice. Burger Fair via Realtime Mall does not accept liability in the event that it chooses to suspend ,modify or terminate the website ,other than for processing any orders made prior to time of website changes.
If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment for an order, this may (in our sole discretion, with or without notice) lead to a suspension and/or termination of your access to the website, without any prejudice to any claims for damages or otherwise that we may have against you.
Burger Fair via Realtime Mall is entitled, for purposes of preventing suspected fraud, website abuse and/or creation of multiple user profiles, for the purpose of taking advantage of a promotion or coupon intended by Burger Fair via Realtime Mall to be used on a once-off basis, to blacklist you on its database (including suspending or terminating website access), refuse to accept, process payment and/or to cancel any order concluded between you and Burger Fair via Realtime Mall, in whole or in part. Burger Fair via Realtime Mall accepts no liability which may arise as a result of such blacklisting and/or refusal to process any order.
You may at any point choose to stop utilising this website with or without notice to Real Time Mall.

19. Force majeure events

As agreed between Burger Fair via Realtime Mall and you, you and any Courier, or any affiliates, no party will be liable to any other party for any delay or failure in performing its obligations (excluding payment obligations) in terms of these Terms and Conditions due to an event beyond its control.

20. Governing law and jurisdiction

(Also see point 11. Country of domicile further above)

The Web Order Terms, and any disputes arising from the Web Order Terms, shall be governed by South African law. You agree to submit to the exclusive jurisdiction of the courts of South Africa regarding any such dispute.

21. Notices

Burger Fair via Realtime Mall hereby selects Suite 211, 53 Crownwood Road, Ormonde, Johannesburg, 2091(with a copy to info@samlaw.co.za, which copy must be given in order for notice to be validly given) as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions ("legal address"). Realtime Mall may change this address from time to time by updating these Terms and Conditions.
You hereby select the email address specified with your orders as your legal address, but you may change it by giving Burger Fair via Realtime Mall not less than 7 days’ notice in writing.
Notices must be sent either by hand, prepaid registered post or email and must be in English. All notices sent -
by hand will be deemed to have been received on the date of collection ;
by prepaid registered post, will be deemed to have been received 10 days after the date of posting; and
by email before 16h00 on a business day will be deemed to have been received, on the date of successful transmission of the email. All emails sent after 16h00 or on a day which is not a business day will be deemed to have been received on the following business day, unless the contrary is proved.

22. General

Burger Fair via Realtime Mall may, in its sole discretion, at any time, for any reason and without prior written notice, suspend or terminate the operation of the website, or the user’s right to use the website, or any of its contents, subject to us processing any orders already made by you.

You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
Any failure on the part of you or Burger Fair via Realtime Mall to enforce any right in terms hereof shall not constitute a waiver of that right.
If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
No indulgence, extension of time, relaxation or latitude which either you or Burger Fair and Realtime Mall (the "grantor") may show, grant or allow to the other of them (the "grantee") shall constitute a waiver by the grantor of any of the grantor's rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
These Terms and Conditions contain the whole agreement between you and Burger Fair and Realtime Mall and no other warranty or undertaking is valid, unless contained in this document.