Terms and Conditions

TERMS AND CONDITIONS FOR SIMBISA BRANDS’ ONLINE AND APP SERVICES

1. INTRODUCTION

1.1. 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 Brands (‘We’, ‘Us’ Or ‘Our’), from time to time, in relation to its selected Products which delivery or collection services are provided for and who controls and operates the Online Platforms. If you do not agree to these Terms and Conditions, you may not use these Platforms.

1.2. 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 party's rights of use. The inclusion of such links on its Online Platforms should not be considered an endorsement by Simbisa Brands.

1.3. By accepting these Terms, You also understand and consent to Simbisa Brands collecting Your data for the following purposes:

• 1.3.1. Fulfilling Your requests/orders and processing payments;
• 1.3.2. Informing You about our products, services, competitions, offers, promotions or special events (if You give us permission to do so);
• 1.3.3. To maintain, manage and/or improve our products and services; and/or
• 1.3.4. To comply with any applicable law.

2. ORDERING, PRICES AND PAYMENT

2.1. Ordering

2.1.1. These terms and conditions apply to all orders for the supply of Simbisa Brands’ Products to You. An order is deemed to be complete when:

• 2.1.1.1. an offer is made You to buy a Product(s);
• 2.1.1.2. You make payment through the designated payment methods; and
• 2.1.1.3. this is accepted by Simbisa Brands’ through a pop-up message or any other means which Simbisa Brands’ introduces from time to time.

2.1.2. Ordering of regulated products including, but not limited to, alcohol is subject to any applicable law and Simbisa Brands may be required to refuse to serve that product in certain situations, even if the order has been accepted by Simbisa Brands. In such an event Simbisa Brands 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 Brands may ask for acceptable ID (such as ID, Driver’s License or Passport); to confirm your age. Should Simbisa Brands have any doubt about Your age, it may cancel the order relating to the regulated product.

2.1.3. To order alcohol through the Online Platforms You must be at least eighteen (18) years of age.

2.1.4. Once an Order has been made it cannot be cancelled by the Customer.

2.2. Availability

All products are supplied subject to availability. Should an order have been accepted in terms of clause 2.1.4 and the Product(s) are not available, Simbisa Brands will issue a refund within a reasonable period.

2.3. Pricing

2.3.1. Costs for food and beverages indicated on the Simbisa Brands 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 Brand’s representative:

2.3.2. Minimum or maximum spend restrictions may apply when ordering.

2.3.3. Prices are subject to change without notice.

3. LIMITATION OF LIABILITY

3.1. Simbisa Brands Warranty

3.1.1. Simbisa Brands will take reasonable care in ensuring that all information provided on the Online Platforms is accurate.

3.1.2. Simbisa Brands does not warrant that:

• 3.1.2.1. the Products remain available;
• 3.1.2.2. access to any or all Online Platforms will be continuous and uninterrupted; and/or
• 3.1.2.3. 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.

3.2. To the fullest extent permitted by Law, Simbisa Brands excludes all liability arising:

• 3.2.1. out of the supply and/or delivery 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 or collection;
• 3.2.2. from any circumstances over which Simbisa Brands has no control over and which it could not avoid even with any reasonable care; or
• 3.2.3. any indirect or unforeseeable loss suffered or incurred by You. In any event, Simbisa Brands liability to You will not exceed the total price charged for the Products.

3.3. Your Warranties

3.3.1. You warrant or guarantee that the personal and/or payment information:

• 3.3.1.1. You provide to Simbisa Brands is your own and/or is information You are authorised to provide;
• 3.3.1.2. is not misleading or deceptive by inclusion or omission;
• 3.3.1.3. does not infringe on the rights of another person, including any intellectual property;
• 3.3.1.4. Will not give rise to any claims or liability against Simbisa Brands.

3.3.2. You will not use the Online Platforms or their content for any purpose that is unlawful or prohibited by these terms or at law.

3.3.3. 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.

3.3.4. You will not disassemble, decompile, reverse engineer, copy or create any derivative works based on the Online Services.

3.4. Your Liability

You agree to hold Simbisa Brands, its franchisees, employees and agents harmless from any loss, liability, claim, demand, damages and costs arising out of or in connection with:

• 3.4.1. Your breach of these terms and conditions; and/or
• 3.4.2. Any wilful, unlawful or negligent act or omission by You.

4. INFORMATION ON THE ONLINE PLATFORMS

4.1. Simbisa Brands 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).

4.2. Simbisa Brands does not warrant that the information or Online Services is suitable for Your intended purposes.

5. MAINTENANCE OF THE ONLINE PLATFORMS

5.1. Simbisa Brands may take down one or more of its Online Platforms from time to time for maintenance. When this is necessary Simbisa Brands will endeavour to do so at times which cause minimal disruption to You.

5.2. Simbisa Brands 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.

6. INTELLECTUAL PROPERTY

6.1. 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 Brands as the Licensor and which are licensed to You.

6.2. Subject to these terms and conditions Simbisa Brands 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.

7. REFUSAL OF ACCESS

Simbisa Brands may, at its discretion, suspend, limit or terminate your access to the Online Platforms, should:

• 7.1. You breach any of these terms and conditions;
• 7.2. Simbisa Brands believe that any or all of the Online Platforms may be at risk of loss or damage to Simbisa Brands or any other person;
• 7.3. Simbisa Brands be required by law to do so;
• 7.4. There be any other reasonable grounds for Simbisa Brands to do so.

8. DATA PRIVACY POLICY

8.1. Definitions

8.1.1. The following terms are used throughout the Policy and are defined as follows:

8.1.2. A ‘Cookie’ refers to a small software application which allows a website to recognize a previous user and to observe how a user navigates within a website. These are used by Simbisa Brands to improve the navigational experience of customers/visitors to Our websites and to make them easier to use.

8.1.3. ‘We’ ‘Us’ ‘Our’ ‘markets’ refers to Simbisa Brands Limited, its associated and or affiliated companies in the various markets within which it operates.

8.1.4. ‘Data’ ‘personal data’ ‘information’ means information that can identify an individual such as their name, identification number, address, telephone number.

8.2. Scope

8.2.1. The adoption and implementation of this Policy is done in line with Simbisa Brands’ commitment to processing data in accordance with the legislation of the various markets it operates in. However, given the spread of those markets, for the purposes of this Policy Simbisa Brands shall use the seven (7) principles of the GDPR Data Protection Act (‘GDPR Act’), which are broad and all encompassing. These principles are:

8.2.2. Lawfulness, fairness and transparency: meaning the data subject has given Simbisa Brands consent to use their personal information in terms of a contract, and the information can be collected under law.

8.2.3. Specific purpose: meaning the data is collected for a stated reason which is clearly communicated to its data subjects.

8.2.4. Data minimization: referring to the use of data being relevant and limited to the purpose for which it is collected. For example, if Simbisa Brands only intends to send out an emailed newsletter it should gather and use the data necessary for that, being an email address and name.

8.2.5. Accuracy: Simbisa Brands must take reasonable steps to ensure the data collected is accurate and kept up-to-date.

8.2.6. Storage Limitation: means that personal data should not be held any longer than it is required for e.g., for processing, public interest, statistical purposes, withdrawn as the request of the data subject etc. Where such data is no longer required it should be erased.

8.2.7. Security and confidentiality: Simbisa Brands must determine and ensure that there is adequate security, and back-up measures, in place to keep the data secure.

8.2.8. Accountability: Simbisa Brands to show it is complying with these principles in terms of having a Data Privacy Policy in place, security measures, a Data Protection Officer(s) and adopting any relevant documentation such as cascading of the policy into contracts.

8.3. Collection of Data

How and from whom personal information is collected:

8.3.1. Simbisa Brands collects personal information for a range of business purposes from sources such as its clients, customers, employees, contractors and other individuals, through:

• 8.3.1.1. Direct means such as telephone calls, emails, third parties, registration as a customer on the Dial-A-Delivery and specific Brand delivery services App’s to facilitate the delivery of food; or
• 8.3.1.2. indirectly through browser cookies when Our websites are viewed; this personal information includes names, addresses (whether residential or business), mobile or telephone numbers, e-mail addresses (whether personal or work) and job designations of our clients, customers, employees, contractors etc. information we collect during the provision of our services to our clients would generally be of a more detailed nature such as financial information.

8.4. Purpose for acquiring and using the personal information

Our main purpose for facilitating the registration and/or collection personal data is for Us to:

• 8.4.1. Provide services such as the delivery of food through the Dial-A-Delivery, Brand specific Brand delivery services Apps and/or the Call Centre;
• 8.4.2. Respond to Customer requests;
• 8.4.3. Maintain Customer relationship(s);
• 8.4.4. Notify/market Our product offerings and developments to Our Customers;
• 8.4.5. Internal Reporting and management;
• 8.4.6. Assist in the scoping and recruitment of staff; and/or
• 8.4.7. Any other purpose related to our business

8.5.Customers have the right to opt-in or opt-out of the holding and processing of their personal information for such marketing and/or service provision from Simbisa Brands. Therefore, notices to this effect shall be included in various website cookies, customer terms and conditions and any other relevant documentation.

8.6.Any collection of or use of Customer data should be done in terms of this Policy and/or as dictated by applicable legislation in the respective markets.

8.7. Disclosure of Personal Information to Third Parties:

As a general rule We do not routinely disclose, sell, or trade personal information to third parties unless:

• 8.7.1. such use or disclosure is permitted by this Policy and/or the applicable legislation in the respective market;
• 8.7.2. We believe it necessary to provide Our Customer with a product or service which they have requested or are contracted to;
• 8.7.3. It is to protect the rights, property or personal safety of a Customer, in the public interest, and/or Simbisa Brands’ interest;
• 8.7.4. some or all of the assets or operations of Simbisa Brands are or may be transferred to another party as part of the sale of some or all of Simbisa Brands’ business;
• 8.7.5. The customer has given their consent; and/or
• 8.7.6. The information is non-personal, de-identified and aggregated information for research or promotional purposes.

8.8.As Simbisa Brands uses a range of service providers to assist Us in maximizing the quality and efficiency of Our services and business operations (including internal business requirements, such as recruitment and human capital requirements), this means that individuals and/organizations (such as independent contractors, travel service providers, mail houses, off-site security storage providers, website hosts, electronic database managers, event managers, credit managers and debt collecting agencies) outside of Simbisa Brands may have access to personal information held by Simbisa Brands and/or may collect and/or use such data on Simbisa Brands behalf. In such instances these service providers are required to adhere to this Policy and not to use such data for any unauthorized purposes.

8.9.Simbisa Brands may obtain products or services offered by a third party pursuant to an agreement or arrangement between that third party and Simbisa Brands, such as a credit card provider. In such cases We may provide the customer’s data to that third party, including information around the customer’s use of such services.

8.10. Transfer of information outside countries

8.10.1.Transfer between Simbisa Brands entities:

• 8.10.1.1. As a transnational organization, Simbisa Brands may exchange customer data between countries whose data protection laws may differ. Where there is a difference between the Policy and local laws, Simbisa Brands will adhere to local laws.

8.10.2.Transfer and/or backing-up of information outside of the market:

• 8.10.2.1. Simbisa Brands may also use facilities or contractors outside a market to process or back-up its information or to provide certain services to Simbisa Brands. As a result, personal information may be transferred to overseas facilities or contractors for these purposes. The application of this will be done in accordance with local legislation.

8.11. Privacy on Our web sites and/or Mobile Applications:

8.11.1. This policy also applies to any personal information collected through Our websites or Mobile Applications, where the customer provides such information:

• 8.11.2. directly, such as where the Customer makes a request or completes a registration form; and/or
• 8.11.3. Indirectly through Cookies which may be used on some areas of Our websites.

8.12. Where Simbisa Brands provides links to websites operated by third parties, Simbisa Brands will not be responsible for the privacy practices or policies of those sites where the Customer may disclose their information, nor will the provision of such a link by Simbisa Brands be deemed an express or implied endorsement, promotion or warranty of the products or services offered by or through that site.

8.13. Security of personal information:

8.13.1. Simbisa Brands shall ensure that the personal information is accurate, up-to-date and securely stored, in electronic format or hard copy. The related confidentiality and security obligations will be cascaded down to the relevant data processors and Simbisa Brands employees with access.

8.13.2. In line with industry best practice, where there is no longer a legal or business need for Us to retain the personal data it will be destroyed or archived as non-identifiable data.

8.14. Access to information:

8.14.1. Simbisa Brands shall provide the Customer with access to their information upon request and providing adequate identification in the form of a driver’s license, current passport and/or national identification card).

8.14.2. This may require an administration fee to cover the cost of accessing and/or providing the data.

8.15. Data Protection Officers

8.15.1. Simbisa Brands shall appoint a Data Protection Officer who shall be responsible for the compliance of that market to this Policy and local legislation.

8.15.2. Where no formal appointment is made of a market Data Protection Officer, the role shall default to the market’s Country Finance Director / Finance Manager.

8.16. Amendments to the Policy

8.17. Simbisa Brands operates in a dynamic business environment, over time aspects of Our business may be changed as we respond to changing market conditions. This may require that Our policies, such as this one, be reviewed and revised, which Simbisa Brands reserves the right to do. In such an event, the market will be advised of the change(s) through the appointed Data Protection Officer.

9. GENERAL TERMS

9.1.Assignment of rights. Simbisa Brands 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 Brands agrees in writing.

9.2.No Partnership. You agree that your compliance with these terms does not constitute a partnership or other commercial arrangement between You and Simbisa Brands.

9.3.Waiver. Any failure or delay by Simbisa Brands in exercising its rights in relation to Your breach of these terms and conditions is not a waiver of those rights.

9.4.Severability. If any of these terms are invalid, illegal or unenforceable they will be struck out and Simbisa Brands will replace it with a compliant provision if need be, while the other terms capable of separate enforcement remain valid.

9.5.Law. These Terms and Conditions shall be governed in accordance with the laws of:

9.6. Entire Agreement. These Terms and Conditions represent the entire agreement between You and Simbisa Brands.