Fgrill Diner Application and Website Terms and Conditions

  1. INTRODUCTION
    1. The Fgrill Diner software application (the “App“) is available for download from our website at www.fgrilldiner.co.za, on compatible electronic devices. The App is owned and operated by Fgrill in conjunction with a 3rd party agent.
    2. The App enables users to order and purchase food and beverages from any of the Fgrill diner restaurants listed on the App (each a “Restaurant“).
    3. Unless otherwise stated, “Food” will include all items offered by Fgrill Diner on the App in the context of the order/transaction being considered.
    4. These terms and conditions (“Terms and Conditions“) govern the ordering, sale, delivery and collection of food, and the use of the App. These Terms and Conditions are binding and enforceable against every person that accesses or uses the App or our website (“you“, “your” or “user“), including without limitation each user who registers as contemplated below (“registered user“). By using the App, you acknowledge that you have read and agree to be bound by these Terms and Conditions.You must not use the App or Telephone Service if you do not agree to the Terms and Conditions.
  2. IMPORTANT NOTICE
    1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act 2008 (the “CPA“).
    2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
      1. May limit the risk or liability of Fgrill Diner or a third party; and/or
      2. May create risk or liability for the user; and/or
      3. May compel the user to indemnify Fgrill Diner or a third party; and/or
      4. Serve as an acknowledgement, by the user, of a fact.
    3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
    4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Fgrill Diner to explain it to you before you accept the Terms and Conditions by continuing to use the App.
    5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Fgrill Diner in terms of the CPA.
    6. These Terms and Conditions are divided into four sections, as follows:

 Part A – Orders, Payments, Deliveries, Returns and Cancellations

 Part B – Privacy Policy

Part A – Orders, Payments, Deliveries, Returns and Cancellations

3. HOW IT WORKS

  1. You may order food via the App. At the time of ordering, you are required to indicate your address, and then you will be given a selection of Restaurants. You will only be allowed to order food from that selection of Restaurants, which fall within the prescribed area (as determined by Fgrill Diner from time to time) surrounding your given address.
  2. Where you have ordered using the App, you may be given the choice of receiving the food by means of courier, which delivery service shall be carried out either
    1. by Fgrill Diner or its nominee, or
    2. By means of self-collection by you or your nominee from the relevant Restaurant (“Self-collection“). Where no choice is given for a Courier Delivery, you will be able to order food on the App for Self-collection.
  3. You can only place orders for food from a Restaurant provided that it is open for business and active on the App. We may at any time suspend or terminate the availability of a Restaurant, menu or menu item on the App, at our sole discretion.
  4. You acknowledge that, notwithstanding that the food may be ordered via the App, you place such order with the relevant Restaurant. The sale of food (formed on acceptance of an order, as set out in clause 5.2) is solely between the registered user and the relevant Restaurant. The Courier Delivery (if applicable) is not party to that sale of Food. Fgrill Diner only provides the platform to facilitate transactions between Restaurants and registered users in relation to the food. The App is neither the buyer nor the seller of the Food therefore any claims the registered user may have in respect of the food shall be against the relevant Restaurant.
  5. Because we want you to have a safe and consistent experience, Fgrill Diner Head Office will be your first point of contact for any complaints arising out of or in connection with the sale of food between a registered user and a Restaurant. Should such complaint escalate into being a dispute, although Fgrill Diner Head Office is entitled to become involved in an attempt to resolve it, Fgrill Diner Head Office is not obliged to do so and any disputes must be resolved between the registered user and the relevant Restaurant.

4. REGISTRATION AND USE OF THE APP

  1. Only registered users may order Food via the App.
  2. To register as a user via the App, you must provide Fgrill Diner with your unique email address or telephone number, personal details and any other relevant information required. You will thereafter be requested to select your own password or be issued a randomly generated password (which you may subsequently change).
  3. You will need to use your unique username and password to place an order via the App. You agree that an Fgrill Diner operator may call you to confirm your personal details, order information and amount owed. For security purposes you agree to enter your correct username and password whenever ordering food via the App, failing which we will not process your order.
  4. You agree and warrant that your username and password (if applicable) shall not be disclosed by you to any third party.
  5. You agree that once your correct username and password have been entered (in relation to the App), irrespective of whether the use of the username and/or password is unauthorized or fraudulent, you will be liable for payment of any resulting order.
  6. You agree to notify Fgrill Diner immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and/or password and to take steps to minimise any resultant loss or harm.
  7. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the App. You may use the App only for lawful purposes and may not in any way (including without limitation by use of any robot, spider, other automatic device or manual process) monitor, distribute, display, publish, copy, print, post, modify or otherwise use the App and/or the information contained therein without the express prior written consent of an authorised Fgrill Diner representative.

5. CONCLUSION OF SALES AND AVAILABILITY OF FOOD

  1. Registered users may place orders for food, which the Restaurant may accept or reject. The placing of an order will happen when payment is made by any of the acceptable payment methods in 8.3 and is confirmed on the App. Whether or not the Restaurant accepts an order depends on various factors, including but not limited to, the availability of food, capacity for Courier Delivery, correctness of the information relating to the food (such as the price) and receipt of payment or payment authorisation (if applicable) for the Food.
  2. NOTE: Fgrill Diner will indicate the acceptance of your order (by Fgrill Diner and the Restaurant) by way of notification on the App or email (“Acceptance Notice”), and only at that point will agreements of sale (the “Sale”) come into effect between you and:
    1. the Restaurant in respect of the Food; and
    2. if applicable, Fgrill Diner in respect of the Courier Delivery services (if you requested Courier Delivery of the Food).This is regardless of any earlier communication from the Restaurant and/or Fgrill Diner stating that your order or payment has been confirmed.
  3. Prior to the Food being delivered to your nominated address or you being notified that the Food is ready for collection (as applicable), we may reject an order or cancel a Sale at any time due to:
    1. the Restaurant being unable to fulfil the order;
    2. Courier Delivery services not being readily available (if applicable); and/or
    3. Any other reason in Fgrill Diner’s sole discretion.
      Should this occur, Fgrill Diner will notify you of the cancellation of your order and your payment will be credited to your account through the Payment Gateway
  4. Should you wish to cancel your order, you should contact the Restaurant via telephone immediately, and the Restaurant will use its reasonable endeavours to effect such retraction. You will not be able to cancel your order via the App, or after an Acceptance Notice has been generated. No refunds will be granted. You will not be able to change your order after placing it, but may be able to cancel it (subject to the above), and place a new one.
  5. Placing Food in your shopping basket on the App without completing the purchase cycle does not constitute an order for food, and as such, food may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Fgrill Diner and/or the Restaurant liable if such food is not available or is not available at a particular price when you complete or attempt to complete the purchase cycle at a later stage.
  6. Fgrill Diner relies on information supplied to it by the Restaurants relating to the Food, and Fgrill Diner accordingly bears no liability for any inaccuracies in such information supplied to it. You acknowledge that stock of all food on offer may be limited. Fgrill Diner will take reasonable efforts to ensure that when food is no longer available, offers thereof are discontinued on the App. However, we cannot guarantee the availability of food. If food is no longer available after you have placed an order or the Restaurant does not accept your order, Fgrill Diner will notify you thereof and reject your order or cancel the Sale (“Failed Order”). Fgrill Diner will credit you for the amount you paid in respect of the Failed Order via the Payment Gateway.
  7. You also acknowledge that the pricing of food may change at any time without notice to you, but no price change will affect any food ordered in respect of which you have received an Acceptance Notice, except in the case of an obvious pricing error. In the event of an obvious pricing error, we may reject your order or cancel the Sale at any time and you will be entitled to a refund of the amount paid by you for such order.
  8. Any dispute regarding inaccurate information relating to a Restaurant or food, food pricing errors or sold-out food should be resolved between you and the relevant Restaurant; your respective rights and obligations being as set out in these Terms and Conditions.
  9. It is your responsibility to establish from the relevant Restaurant which ingredients will be used when preparing the food and make the necessary arrangements with such Restaurant to exclude any ingredients if you have any allergies or special requirements (unless such exclusions can be made by you on the App). We cannot and do not guarantee that the Food will be free of allergens and we disclaim any liability relating to any ingredients or allergens contained in Food.

6. PAYMENT

  1. Fgrill Diner will receive payment of all order charges and will pay the Food-related portion thereof to the relevant Restaurant. We are authorised to receive payment for the Food on behalf of the Restaurant and payment made by you to us for the full price of the Food will discharge your payment obligations to the Restaurant.
  2. Fgrill Diner will receive payment and will pay the delivery-related portion thereof to the relevant Courier Driver/and or 3rd We are authorised to receive payment for the delivery of food on behalf of the Courier Driver/and or 3rd party and payment made by you to us for the price of the delivery will discharge your payment obligation to the Courier Driver/and or 3rd party.
  3. Payment for your order can be made in the following way:
    Credit/Debit Card Payment by credit card may only be made when an order is placed via the App. Where payment is made by credit/debit card, we may require additional information in order to authorise and/or verify the validity of payment. You will be redirected to the secure site of our payment gateway, which is not owned by Fgrill Diner or under Fgrill Diner’s control, and for which you acknowledge Fgrill Diner is not responsible in law. Such payment gateway is however committed to upholding strict security standards, and at no stage will Fgrill Diner store your credit/debit card details (save for the last four digits for payment purposes). We are entitled to withhold processing the order until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation, your order for the food will be cancelled. You warrant that you are fully authorised to use the credit/debit card supplied for purposes of paying the order charges. You also warrant that your credit/debit card has sufficient available funds to cover all the order charges. No other forms of payment will be accepted

7. DELIVERY OF FOOD

  1. If you order food for Courier Delivery by Fgrill Diner or its nominee (i.e. a Fgrill Diner franchisee or an independent contractor:
    1. you are required to indicate the physical address to which the food should be delivered (“Delivery Address“);
    2. You are not allowed to change the Delivery Address after submitting your order; and (iii) you will only be allowed to order Food from Restaurants within the prescribed range (as determined by Fgrill Diner) from your Delivery Address.
  2. If you order Food for Self-collection:
    1. you should indicate a physical address, in order for Fgrill Diner to provide you with a selection of Restaurants in such area; and
    2. You will only be allowed to order food from such Restaurants.
  3. Where you have requested the food to be delivered to you by way of Courier Delivery and you have received an Acceptance Notice:
    1. The Courier will endeavour to deliver the food to you by the estimated delivery time specified in the Acceptance Notice, however, delivery times are not guaranteed and may be adjusted by us in our reasonable discretion. Events outside of the Courier’s control such as traffic, inclement weather conditions and delays by the Restaurant in relation to your order may result in a delay of the delivery of the food, but the Courier will continue with its efforts to deliver the food to you as soon as possible in the circumstances; and
    2. Our obligation to deliver the food is fulfilled when the Courier delivers the food to the Delivery Address. The Courier is only responsible for the delivery of the food to the Delivery Address. If the Courier arrives at the Delivery Address and you fail to open the door or respond to its telephone calls within 5 minutes, the Courier may leave the premises, taking the food with it, and you will remain liable for payment of all order charges. If you are not able to be present at the Delivery Address to accept delivery of the Food, it is your responsibility to arrange for someone else to accept the delivery at such address. Neither Fgrill Diner nor the Restaurant is responsible for any loss or unauthorised consumption of food, after the Courier has delivered the food to the Delivery Address.
  4. Where you have ordered food for Self-collection from the Restaurant and you have received an Acceptance Notice:
    1. You or your nominee should display a copy of the Acceptance Notice to the Restaurant upon collection of the food; and
    2. The Restaurant is responsible for making the food available for collection by you or your nominee at its premises, at the estimated collection time set out in the Acceptance Notice. If you or your nominee fails to collect the food the Restaurant may dispose of the food in any manner which it deems fit and you will remain liable for payment of the food. Any dispute regarding the Restaurant failing to make the Food available at the collection time or within 30 minutes thereafter, should be resolved between you and the relevant Restaurant; your respective rights and obligations being as set out in these Terms and Conditions.

8.1 ERRORS

  1. We shall take all reasonable efforts to accurately reflect or inform you of the food description, availability, purchase price and Courier Delivery service charges via the App. However, should there be any errors of whatsoever nature on the App (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to an order or Sale based on any error, the rejection of an order or the cancellation of a Sale, save to the extent of refunding you for any amount already paid.

9. COMPLAINTS

  1. We want you to be happy with your purchase. Please let us know by telephone or email as soon as possible if there is a problem with your food quality and/or temperature, if you receive the wrong food or if you receive food which is not as described on the App.
  2. Save where we determine in our sole discretion that the cause for the complaint was due to the fault of the Restaurant, we will communicate your complaint to the relevant Restaurant, and thereafter the matter will need to be resolved by the parties to the Sale of food, being you and the Restaurant, and Fgrill Diner shall bear no liability in relation to such complaint.

Part B – Privacy Policy

Our Commitment to Privacy

FGRILL DINER (“FGRILL,” “we,” “our,” or “us”) is (are) committed to protecting your privacy.  We collect information, including personal information, from you in a variety of ways when you interact with us in person, by phone, through mail and email, Facebook, Twitter, Instagram, Whatsapp, our Fgrill Diner app and through our Website.

This FGRILL DINER Privacy Policy (this Policy) sets out how we use and disclose your personal information when you visit our platforms or our restaurants and in-store kiosks, or otherwise engage with us (here-after, “our Service”)

By accessing or using our Service, you signify that you have read, understood, and agree to our collection, storage, use, and disclosure of your personal information as described in this Policy and our Terms and Conditions, available on our Website.

1. WHAT INFORMATION DO WE COLLECT?
We collect and store the following types of information: your name, home address, email address, business information, Comments, chat and opinions, telephone number, mobile phone number, precise location information, mobile device identification, Website traffic information and purchase and order information. Information which you may post or submit to our Websites. With your permission, we may access your contact list available on your mobile device or your email accounts, or you may choose to provide your friends’ contact information manually, so that you can send invitations or special content to your friends.

We also collect other information as and when is necessary for us to perform our Service to you which varies in interest, for instance birthdays, anniversaries etc.

2. HOW DO WE COLLECT THE INFORMATION?

We do this in a number of ways whenever you interact with our Service, to mention a few:

  • You follow the checkout process and make an online purchase;
  • You create a personalized shipping account for your convenience;
    You sign up to receive promotional emails (including offers and sales alerts);
  • You submit a request to our Service;
  • You use and navigate our Website;
  • You click on sponsored links or third-party advertisements;
  • You install, use, and navigate our mobile applications and/or mobile Website;
  • You participate or use FGRILL DINER’s pages on social media Websites, such as
  • Facebook, Twitter and Instagram.
  • You order products from FGRILL DINER through the Website, on the telephone.
  • In some locations, we use CCTV cameras in our stores for security, fraud, incident reporting and loss-prevention purposes, or to collect analytics, improve operations and other purposes.
  • In some locations, we may offer free Wi-Fi services to our guests. Our Wi-Fi network providers may capture certain data from devices you connect to it, such as a unique device identifier.
  • Some parts of our Service may allow you to login through a third party social network or authentication service such as Facebook. These services will authenticate your identity and provide you the option to share certain personal information with us
  • If you apply for a job through our Websites, we collect the information you include in your application.
  • We may ask you to submit information about other people if you place and order to be sent directly to the recipient.
  • We may ask you for personally-identifying information at other times, such as if you enter into a promotion, communicate with us, or complete a survey. If you opt-in to receive information regarding a promotion, you give us your consent to share your name and e-mail address with the third party offering the promotion or the third party who may forward marketing or other materials on our behalf. If you no longer wish to receive promotional email from FGRILL DINER, please unsubscribe as directed.

3. COOKIES & SIMILAR TECHNOLOGIES

We may automatically gather general statistical information about our Website, including IP addresses, browsers and pages viewed, number of visitors, goods and services purchased, transactions completed, etc. To do this, we use action tags and cookies provided by our third party Website analytics and marketing partners. Although these partners log the information coming from our Website on our behalf, we authorize how that data may and may not be used.

Our web-Website analytics partners use this data in an aggregated format to determine how visitors use our Website so we can improve Website experiences. In addition, this information is used to better serve you with appropriate and relevant marketing offers.

FGRILL DINER partners with reputable outside vendors to serve relevant advertising to our customers on other Websites on the web. In order to facilitate this, we use cookies to store and track information on our web Website. This information is provided in anonymity and no personally identifiable information is transferred from FGRILL DINER. A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer’s hard drive. Generally, we use cookies to remind us who you are and enable us to access your account information so you do not have to re-enter it on subsequent visits; gather statistical information about usage by registered or unregistered users, research visiting patterns, and provide our own enhanced online display advertising tailored to your interests. If you do not wish to see ads from FGRILL DINER, you can disable cookies on your computer, however, upon doing so, you will not be able to purchase FGRILL DINER products online.

4. HOW WE USE YOUR INFORMATION

We use the information we collect to carry-on our core business functions, such as:

  • Evaluating your personal interactions with us to enhance your shopping experience;
  • To improve our marketing and promotional efforts;
  • To statistically analyze Website usage;
  • To improve our content and product offerings;
  • To customize our Website’s content, layout, and services;
  • To process, purchase transactions;
  • To communicate with you; and
  • Diagnosing problems with our servers, manage, and enhance our Website.

As part of your business relationship with FGRILL DINER, you will be asked to supply us with your postal address and/or phone number. Regardless of whether this is a wired or wireless phone number or whether this number is listed on the Do-Not-Call Registry, you consent to being contacted by FGRILL DINER (and/or its designated agents) at this number, for any purpose (including sales, marketing and promotional offers) and by any means (including autodialed or prerecorded voice calls and text messages made with an automatic telephone dialing system). In this regard, you specifically acknowledge and understand that you may incur, and will bear sole responsibility for, charges related to these incoming calls or messages. You may also receive periodic mailings from us or from other reputable companies.

5. HOW WE SHARE YOUR INFORMATION

  • Many of our restaurants are independently owned and operated by franchisees.  We may share information with our franchisees, particularly when we collaborate in providing the Service to you. Our franchisees independently may have their own data collection and use practices that are not governed by this Policy.
  • We may share limited information with third parties with whom we partner to provide contests and sweepstakes, or other joint promotional activities. These partners will usually be clearly identified in the contest rules or promotional materials.
  • We may share limited data with our preferred marketing and strategic business partners so that
  • In addition, we may share personally identifiable information with unaffiliated third parties if
    (1)           You request or authorize it,
    (2)           The information is provided to help complete a transaction for you,
    (3)           The information is provided to comply with law, applicable regulations, court orders or subpoenas, to enforce our Terms and Conditions or other agreements, or to protect our rights, property or safety, or the rights, property or safety of our users or others,
    (4)           The disclosure is done as part of a purchase, transfer or sale of services or assets (e.g., in the event that we sell assets to another party, customer information may be one of the transferred assets),
    (5)           The information is provided to our agents, outside vendors or service providers to perform functions on our behalf,
    (6)           The third parties provide goods or services that we believe may be of interest to you, or
    (7)           The information is provided to such third parties as otherwise described in this Policy. We may use your information to deliver information to you that, in some cases, is targeted to your interests, such as targeted banners, new products, services and promotions. At times we may ask you to provide us voluntarily with additional information regarding your personal or business interests, experience or requests, which we may use to customize our products and services for you.

6. SECURITY

We are committed to preventing others from unauthorized access to the personal information you provide to us, and we maintain procedures and technology designed for this purpose. We take several steps to protect the information we have about you, including the following:

  • We update and test our technology on a regular basis in order to improve the protection of customer information.
  • We require outside companies and independent contractors to whom we provide customer information for marketing, servicing or processing purposes to restrict the use of the information to those purposes and we prohibit independent use of such information.
  • Access to your information is controlled by strict internal procedures. We maintain policies about the proper physical security of workplaces and records.

You play a significant role in protecting your information. After you register on our Website you are responsible for protecting the security of your user name and password. You are responsible for any transaction made using your user name and password.

Although we will take reasonable security precautions regarding your personal information collected from and stored on the Website, because of the open nature of the Internet, we cannot guarantee that any of your personal information stored on our services or on those of our third parties, or transmitted to or from FGRILL DINER, will be free from unauthorized access or disclosure. Accordingly, we disclaim any liability for any unauthorized access to, disclosure or damage to, interception of, theft, or loss of any data communications and/or person information. By using the Website, you acknowledge that you understand and agree to assume these risks.

7. CHILDREN UNDER 13

We do not knowingly collect or use personal information from children under 13 without containing verifiable consent from their parents. We have no way of distinguishing the age of individuals who address our Website, and so we carry out the same Policy for individuals of all ages. If a child has provided us with personal information without parental or guardian consent, the parent or guardian should contact us to remove the information and opt out of promotional opportunities.

8. MARKETING PARTNERS

The privacy policy of an advertiser or promotional service appearing at our Website may differ from ours. We encourage you to read that policy before responding to the offer. We are not responsible for the data collection and use practices of nonaffiliated marketing partners to which our Website may link.

9. CHANGES TO OUR POLICY

The practices and policies contained in this Policy are subject to change and may be modified by FGRILL DINER at any time. Any such material changes will be communicated through the Website and will be applied only to information collected on a go-forward basis. For this reason, FGRILL DINER encourages you to review this Policy each time you visit the Website. Information collected before changes are made will be secured according to the previous Policy. The practices and policies in this Policy replace all previous notices or statements with respect to the same subject matter.

10. REGULATION LAWS & JURISDICTION

This Privacy Policy and any disputes arising between you and FGRILL DINER related in any way to this Policy or FGRILL DINER’s products, including but not limited to disputes over billing, service, privacy, advertising, or FGRILL DINER’s or its Associates’ communications with you, whether based on contract, tort, statute, or common law, will be governed by the laws of the Republic of South Africa, without regard to choice of law principles and shall follow the arbitration provision set forth in the Terms of Use for this Website.

11. YOUR CONSENT

By using our Website, you’re granting express consent to the collection and use of your personally-identifying information in the manner we describe and for normal business communications.

12. HOW TO CONTACT US

To update, correct or delete your personal information, you can contact us at:

Email: headoffice@fgrilldiner.co.za

Landline Telephone: +27 011 026 4732

Postal Address:

Fgrill Diner Head Office
1 Hudson Ave, C/O Terrace Rd
Eastleigh Ridge
Edenvale, 1609
Ekurhuleni, Gauteng