This Terms and Conditions Agreement sets forth the standards of use of the Food Delivery service, (“Our Pizza Place”) Online Service. By using the www.ourpizzaplace.com website and Our Pizza Place app, you (the ”User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at www.ourpizzaplace.com website. Your continued use of the Service after amendments are posted constitutes acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
2.1 We are a delivery service provider providing you an online platform to (a) order food online from the list of restaurants and home food makers available on the Services.
2.2 We do not own, sell, resell, furnish, provide, prepare, manage and/or control the Vendors or the related services provided in connection thereof.
2.3 Our responsibilities are limited to: (i) facilitating the availability of the Services; and (ii) serving as the limited agent of each Vendor for the purpose of accepting payments from you for your online food orders and delivering your order.
3.1 By signing up to our website you are agreeing to the terms and conditions of sale which apply to all transactions on www.ourpizzaplace.com
Signing up to the service means we must have the following information:
- Your address, including the postcode.
- Your home telephone number or mobile telephone number.
- Your email address, so we can supply you with important information such as your order confirmation and delivery details
- Your physical address
3.2 You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
3.3 We reserve the right to suspend or terminate your Our Pizza Place Account and your access to the Services if any information provided during the registration process or thereafter proveshto be inaccurate, not current or incomplete.
4. Product prices
4.1 The price of goods charged will be as quoted on the web site at the time you confirm your order with us. Excluding any inadvertent technical error on pricing, we will honour any prices as published at the time of placing your order.
4.2 Due to differing product promotions the prices displayed on the website may vary to original prices. You agree to pay all fees and charges incurred in connection with your purchases, including any applicable taxes. The final charges for your order may be different than those stated on the website.
5.1 Any contract for the supply of Food Delivery from this Website is between you and the Participating Restaurant; for the supply of Food Services Delivery from this Website and App any contact is between you and Our Pizza Place. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering.
5.2 Any order that you place with us is subject to product availability and delivery capacity. When you place your order online, we will send you an email to confirm that we have received it. You must inform us immediately if any details are incorrect. Once we have sent a confirmation message we will check availability.
5.3 Once the ordered food is ready to deliver, The confirmation message will specify delivery details including the approximate delivery time, the price of the Food ordered and the name of delivery executive.
5.4 If the Food is not available or if there is no delivery capacity, we will also let you know by phone.
6.1 Delivery period quoted at the time of ordering are approximate only and may vary. Food will be delivered to the address as intimated by you while ordering.
6.2 If the Food is not delivered within the estimated delivery time quoted, User shall contact Our Pizza Place on +27 21 782 1465 and we will try to ensure that you receive your order as quickly as reasonably possible.
6.3 If you fail to accept delivery of Food at the time they are ready for delivery or Our Pizza Place is unable to deliver at the nominated time due to your failure to provide appropriate instructions or authorizations, then the Food shall be deemed to have been delivered to you and all risk and responsibility in relation to such Food shall pass to you. Any storage, insurance and other costs which Our Pizza Place incur as a result of the inability to deliver shall be your responsibility and you shall indemnify Our Pizza Place in full for such cost.
6.4 You must understand and accept that it might not be possible to deliver to some locations. In such cases, Our Pizza Place will inform you accordingly and arrange for cancellation of the order or delivery to any alternative delivery address.
7. Cancellations and Refunds
7.1 You must notify Our Pizza Place immediately if you decide to cancel your order, preferably by phone, and quote your order number.
7.2 In the unlikely event that the Participating Restaurant delivers a wrong item, you have the right to reject the delivery of the wrong item and you shall be fully refunded for the missing item.
8. Limitation of Liability
8.1 Great care has been taken to ensure that the information available on the Website is correct and error free. We apologize for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
8.3 We shall not be held liable for any failure or delay in delivering Food where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by the forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties.
8.4 We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
9.1 All prices are in Rands.
9.2 We may subcontract any part or parts of the Services that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.
9.3 We may alter or vary the Terms and Conditions at any time without notice to you.
9.4 Do not collect or harvest any personally identifiable information from the website, use communication systems provided by the website for any commercial solicitation purposes, solicit for any reason whatsoever any users of the website with respect to their submissions to the website, or publish or distribute any vouchers or codes in connection with the website, or scrape or hack the website.
9.6 These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of South Africa. The parties hereto submit to the exclusive jurisdiction of the courts of South Africa.
9.7 No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
9.8 These Terms and Conditions and a contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with South Africa Laws. Both we and you hereby submit to the non-exclusive jurisdiction of the South African Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.