Terms and Conditions
Important Notice: These terms and conditions (Terms and Conditions) govern the ordering, sale, and delivery of food and beverages between yourself and The Capital Apartments & Hotels (Pty) Ltd (Capital). These Terms and Conditions are binding and enforceable against every person that accesses or uses the portal (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Portal, you acknowledge that you have read and agree to be bound by these Terms and Conditions. You must not use the Portal if you do not agree to the Terms and Conditions.
Use of Portal
Only registered users may order food and beverages via the Portal. To register as a user via the Portal, you must provide us 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).
You agree and warrant that your username and password (if applicable) shall not be disclosed by you to any third party. You agree that, once your correct username and password have been entered (in relation to the Portal), 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.
At the time of ordering, you are required to indicate your table number or room number, if you enter the incorrect number and do not receive your order you may still be liable for the full payment of your order.
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 Portal. You may use the Portal only for its intended 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 Portal and/or the information contained therein without the express prior written consent of an authorised Capital representative.
Registered users may place orders for food and beverages, which the Capital may accept or reject. The placing of an order will happen when payment is made by any of the acceptable payment methods and is confirmed on the Portal. Whether or not the Capital accepts an order depends on various factors, including but not limited to, the availability of Food, capacity of staff, correctness of the information relating to the food and beverage and receipt of payment or payment authorisation.
NOTE: Capital will indicate the acceptance of your order by way of notification on the Portal or email (“Acceptance Notice”), and only at that point will agreements of sale (the “Sale”) come into effect between you and Capital.
Should you wish to retract your order, you should contact Capital via telephone immediately, and Capital will use its reasonable endeavours to effect such retraction. You will not be able to retract your order via the App, or after an Acceptance Notice has been generated. You will not be able to change your order after placing it, but may be able to retract it (subject to the above), and place a new one. Placing Food in your shopping basket on the Portal without completing the purchase cycle does not constitute an order.
Purchase of liquor
By using the Portal you warrant that you are 18 years of age or older and of full legal capacity. If you are under the age of 18 or if you are not legally permitted to enter into a binding agreement, then you may use the Portal only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then he/she agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
The Capital may not sell liquor products to you if you are under the age of 18 (regardless of any supervision by a parent or guardian). You may be requested to provide proof of your age before receiving any liquor products ordered via the Portal.
Payment by credit card may only be made when an order is placed via the Portal. Where payment is made by credit 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 Capital or under Capital’s control, and for which you acknowledge Capital is not responsible in law. Such payment gateway is however committed to upholding strict security standards, and at no stage will Capital store your credit 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 and beverages will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the order charges. You also warrant that your credit card has sufficient available funds to cover all the order charges; and
If you have a promotional coupon or discount (“Coupon”) that you wish to use with your order, you may only do so via the Portal.
Delivery of Food
The Capital staff will endeavour to deliver the food and beverages 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.
Our obligation to deliver the Food is fulfilled when our staff delivers the food and beverage to the stipulated delivery address.
We shall take all reasonable efforts to accurately reflect or inform you of the food and beverage description, availability and purchase price via the Portal. However, should there be any errors of whatsoever nature on the Portal (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.
Capital may from time to time make Coupons available for use on the Portal towards the purchase of food and beverage. Coupons can only be redeemed while they are valid and their expiry dates cannot be extended.
Unless otherwise stated under the specific terms and conditions regulating the Coupon:
- each Coupon can only be used once;
- only one Coupon can be used per order;
- only one Coupon can be used per person per promotion/campaign on the Portal;
- a Coupon must be used at check-out – it cannot be used later on existing orders;
- the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
Coupons cannot be used to buy other Coupons, and cannot be exchanged or refunded for cash or credit. However, if you use a Coupon and your order is rejected or your Sale is cancelled, your Coupon will be made available for use again.
We respect your privacy and will take reasonable measures to protect it as required by most recent legislation.
Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
Ownership and Copyright
The contents of the Portal, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in the Portal (“Portal Content”) are protected by law, including but not limited to copyright and trade mark law. The Portal Content is the property of Capital.
You will not acquire any right, title or interest in or to the Portal or the Portal Content.
The use of the Portal is entirely at your own risk and you assume full responsibility for any risk or loss resulting from such use or reliance on any information on the Portal.
Limitation of liability
Capital cannot be held liable for any inaccurate information published on the Portal and/or any incorrect prices displayed on the Portal or communicated, save where such liability arises from the gross negligence or wilful misconduct of Capital, its employees, agents or authorised representatives.
Capital shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the portal or the content contained in the portal; or your inability to use the portal, and/or unlawful activity on the portal, and/or any linked third party website or mobile application. Should it be found that capital is liable to you, such liability shall be limited to the order charges relating to your particular order.
You hereby indemnify capital against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of the portal and/or any linked third party website or mobile application.
Governing Law and Jurisdiction
These Terms and Conditions, the relationship between you and Capital and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Portal will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.