TERMS AND CONDITIONS FOR SIMBISA’S ONLINE AND APP SERVICES

  1. INTRODUCTION
    1. By installing, accessing or using any websites, mobile apps, email newsletters and subscriptions, and other digital properties (altogether referred to as the ‘Online Platforms’ or ‘Platforms’) on which these Terms and Conditions (the ‘Terms’) are posted or referenced, You (the ‘Customer’ or ‘Your’)  agree that You accept these Terms and Conditions, as amended from time to time by Simbisa (‘we’, ‘us’ or ‘our’),  from time to time, in relation to its selected Products which delivery services are provided for and who controls and operates the Online Platforms.
    2. The Online Platforms may contain links to other websites or apps which are owned and operated by third parties. Such links are provided as a convenience to you and which are left to Your discretion to use in accordance with the third parties rights of use. The inclusion of such links on its Online Platforms should not be considered an endorsement by Simbisa.
    3. By accepting these Terms, You also understand and consent to Simbisa collecting your data for the following purposes:
      1. Fulfilling Your requests/orders and processing payments;
      2. Informing You about our products, services, competitions, offers, promotions or special events (if you give us permission to do so);
      3. To maintain, manage and/or improve our products and services; and/or
      4. To comply with any applicable law.
    4.  To use the Services one must be at least sixteen (16) years of age.
  2. ORDERING, PRICES AND PAYMENT
    1. Ordering
      1. These terms and conditions apply to all orders for the supply of Simbisa Products to You. An order is deemed to be complete when:
        1. an offer is made You to buy a Product(s);
        2. You make payment through the designated payment methods; and
        3. this is accepted by Simbisa through a pop-up message or any other means which Simbisa introduces from time to time.  
      2. Ordering of regulated products including, but not limited to, alcohol are subject to the law and Simbisa may be required to refuse to serve that product in certain situations, even if the order has been accepted by Simbisa. In such an event Simbisa will refund the payment made for the product(s) within a reasonable period. Further, when You purchase items such as alcohol you are warranting that you are of legal age to purchase them and Simbisa may ask for acceptable ID to confirm your age (ID, Driver’s License or Passport); should Simbisa have any doubt about your age it may cancel the order relating to the regulated product.
      3. Once an Order has been made it cannot be cancelled by the Customer.
    2. Availability
      All products are supplied subject to availability. Should an order have been accepted in terms of clause 2.1.1 and the Product(s) are not available, Simbisa will issue a refund within a reasonable period.
    3. Pricing
      1. Costs for food and beverages indicated on Simbisa’s Platforms are inclusive of all taxes and/or surcharges.  Should there be a difference between the prices on the platforms and what is actually charged please contact the designated Simbisa person for assistance (currently mary.ndawona@zw-simbisa.com).
      2. Minimum or maximum spend restrictions may apply when ordering.
      3. Prices are subject to change without notice.
  3. FRANCHISEES
    Depending on which outlet you are dealing with, Your contract may be with one owned by a Simbisa or a Simbisa Franchisee.
  4. LIMITATION OF LIABILITY
    1. Simbisa Warranty
      1. Simbisa will take reasonable care in ensuring that all information provided on the Online Services is accurate.
      2. Simbisa does not warrant that:
        1. the Products remain available;
        2. access to any or all Online Platforms will be continuous and uninterrupted; and/or
        3. Any or all of the Online Platforms will be secure and free from hackers, viruses, Trojans, worm attacks or any other form of unauthorised access by any person or program.  
    2. Simbisa Liability
      To the fullest extent permitted by Law, Simbisa excludes all liability arising:
      1. out of the supply and/or deliver of its Products including any loss or damage arising directly or indirectly in connection with the delay in preparation of the food or time of delivery;
      2. from any circumstances over which Simbisa has no control over and which it could not avoid even with any reasonable care; or
      3. any indirect or unforeseeable loss suffered or incurred by You. In any event, Simbisa’s liability to You will not exceed the total price charged for the Products
    3. Your Warranties
      1. You warrant or guarantee that the personal and/or payment information:
        1. you provide to Simbisa is your own and/or is information you are authorised to provide;
        2. is not misleading or deceptive by inclusion or omission;
        3. does not infringe on the rights of another person, including any intellectual property;
        4. Will not give rise to any claims or liability against Simbisa.
      2. You will not use the Online Platforms or their content for any purpose that is unlawful or prohibited by these terms.
      3. You will not use the rent, sell, sub-license, loan, merge, adapt, assign the Online Platforms wholly or in part or to combine them with any other programs or services.
      4. You will not disassemble, decompile, reverse engineer, copy or create any derivative works based on the Online Services.
    4. Your Liability
      You agree to hold Simbisa, its franchisees, employees and agents harmless from any loss, liability, claim, demand, damages and costs arising out of or in connection with:
      1. Your breach of these terms and conditions; and/or
      2. Any wilful, unlawful or negligent act or omission by You.
  5. INFORMATION ON THE ONLINE PLATFORMS
    1. Simbisa does not guarantee the accuracy or completeness of any information provided on the Online Services. You should consider the information to be provided ‘as is’ and without warranty (express or implied).
    2. Simbisa does not warrant that the information or Online Services is suitable for your intended purposes.
  6. MAINTENANCE OF THE ONLINE PLATFORMS
    1. Simbisa may take down one or more of its Online Platforms from time to time for maintenance. When this is necessary Simbisa will endeavour to do so at times which cause minimal disruption to You.
    2. Simbisa assumes no responsibility for any interruption, defect, delay in operation or transmission, technical malfunction and/or any other problem relating to or resulting from any or all of the Online Platforms being offline or unavailable.
  7. INTELLECTUAL PROPERTY
    1. Any and all rights in the Online Platforms, including their content (which includes, but not limited to logos, images, graphics, trademarks, and/or look and feel) shall remain the property of Simbisa as the Licensor and which are licensed to You.
    2. Subject to these terms and conditions Simbisa grants You a non-exclusive, non-transferable and revocable license to use the Online Platforms for Your own personal purposes in line with these terms and conditions.
  8. REFUSAL OF ACCESS
    Simbisa may, at its discretion, suspend limit or terminate your access to the Online Platforms, should:
    1. You breach any of these terms and conditions;
    2. Simbisa believe that any or all of the Online Platforms may be at risk of loss or damage to Simbisa or any other person;
    3. Simbisa be required by law to do so;
    4. There be any other reasonable grounds for Simbisa to do so.
  9. GENERAL TERMS
    1. Assignment of rights. Simbisa may transfer its rights and obligations under these Terms to another entity, which will not affect Your rights. You may only transfer your rights or obligations under these terms to another person if Simbisa agrees in writing.
    2. No Partnership. You agree that your compliance with these terms does not constitute a partnership or other commercial arrangement between You and Simbisa.
    3. Waiver. Any failure or delay by Simbisa in exercising its rights in relation to Your breach of these terms and conditions is not a waiver of those rights.
    4. Severability. If any of these terms are invalid, illegal or unenforceable they will be struck out and Simbisa will replace it with a compliant provision if need be, while the other terms capable of separate enforcement remain valid.
    5. Law. These Terms and Conditions shall be governed in accordance with the laws of Zimbabwe, with the Magistrates Court having exclusive jurisdiction.
    6. Entire Agreement. These Terms and Conditions represent the entire agreement between You and Simbisa.

20190309