1. Terms of Service 

1.1 Provision of service

1.1.1 Diners Delight is a marketing organisation that provides services to restaurants by allowing registered users to place bookings, and receive such exclusive discounts as may be made available from time to time, in exchange for survey information provided by such registered users to Diners Delight.

1.1.2 Any discount or deal made available to a registered user who places a booking with a restaurant on the Diners Delight web site:

1.1.2.1 Is valid only for the time and date of such booking;
1.1.2.2 Is not transferable;
1.1.2.3 Is only valid for bookings of two or more guests, both of whom must order both food and beverages;
1.1.2.4 Is only valid for orders of food and/or beverages advertised at standard rates at the restaurant and is not applicable to any in-house discounts, special deals or value-adds that the restaurant may choose to advertise from time to time.
1.1.2.5 Diners Delight offers escalating discounts to encourage regular custom at partner restaurants. Such escalating discounts are limited to four per registered user, per restaurant, whereafter the registered user is entitled to a standard discount rate of 5%.
1.1.2.6 After 12 months from the date of first confirmed booking and subsequent submission of survey, Diners Delight will, at its discretion, make a registered user eligible for the aforementioned escalating discounts.
1.1.2.7 Diners Delight reserves the right to change its discount policy at any time, and cancel any discounts advertised prior to booking confirmation.

1.2 Duration

1.2.1 You are bound by the Terms and conditions from the earlier of the date on which you:

1.2.1.1 accept the Terms;

1.2.1.2 subscribe to a Service; or

1.2.1.3 start using a Service; and

1.2.1.4 for as long as you subscribe to or use a Service.

1.2.2 If you have subscribed to a Service for a fixed term, the Terms will automatically continue to apply after the term has ended if you continue to use the Service after the expiry of the fixed term.

2. Allowed use and license

2.1   Diner's Delight licenses the User to view the content of the Diners Delight website, provided that such content is used for private, personal, and/or non-commercial purposes only.

2.2   In instances where the user downloads content from the Diners Delight website, it is required that the user obtain the prior written consent from Diners Delight.

2.3   Content from the Diners Delight website may not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of Diners Delight.

2.4   Users may only access, browse and use the Diners Delight website for legitimate purposes and may not use the Diners Delight website or any of the Diners Delight services and/or products for:

2.4.1   Harmful purposes;
2.4.2   Illegal purposes;
2.4.3   Disclosing, sharing or publishing material that may be offensive, defamatory, regulated, prohibited, infringing or damaging to any person; and/or
2.4.4   The creation, storage and sending of unsolicited commercial communications.

2.5   The caching of the Diners Delight website shall only be allowed if:

2.5.1  The purpose of the caching is to make the onward transmission of the content from the Diners Delight website more efficient;
2.5.2  The cached content is not modified in any manner whatsoever;
2.5.3  The cached content is updated at least every 12 (twelve) hours; and
2.5.4  The cached content is removed or updated when so required by Diners Delight.

2.6   If any User uses content from the Diners Delight website in breach of the provisions detailed herein:

2.6.1  Diner's Delight reserves the right to claim damages from the User;
2.6.2  Diners Delight reserves the right to institute criminal proceedings against the User; and
2.6.3  Diners Delight shall not be liable, in any manner whatsoever, for any damage, loss, or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.

2.8   Users may quote small and reasonable amounts of content available from the Diners Delight website and only if such a quote is placed in inverted commas and acknowledged. Contact Diners Delight for permission to download content, see 2.2.

2.9  No person may, without the prior written consent of Diners Delight, frame the Diners Delight website in any manner whatsoever.

2.10  E-mail addresses, names, telephone numbers, and fax numbers published on the Diners Delight website may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on the Diners Delight website may be used to communicate unsolicited communications to Diners Delight and all rights detailed in 45 of the ECT Act are reserved.

2.11  All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by Diners Delight at any time without prior notice or reasons.

3. Intellectual property rights

3.1    All intellectual property on the Diners Delight website, including but not limited to content, trademarks (or any confusingly similar trademarks), logos, pictures, video, downloads, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to Diners Delight and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on the Diners Delight website are expressly reserved.

3.2    No person may use logos, icons, or trade marks from the Diners Delight website as hyperlinks or other purposes without Diners Delight prior written consent.

4. Software and equipment

It is the responsibility of the User to acquire and maintain, at his/her own expense, the necessary computer hardware, software, communication lines and Internet access accounts required to access the Internet and the Diners Delight website and/or download content from the Diner's Delight website.

5. Disclosures required by section 43 of the ECT act

These terms and conditions as well as product and / or service specific terms and conditions govern the sale of goods and / or the provision of services from or through the Diner's Delight website.

Access to the services, content, software and downloads available from the Diners Delight website may be classified as “electronic transactions” as defined in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and Diners Delight has, amongst others, the duty to disclose the following information:

5.1   The full name and legal status of the website owner: Diners Delight CC, 2009 136231 23;

5.2   Members: Bruce Christopher Darné;

5.3   Management: Bruce Christopher Darné;

5.4   Head office street address: 3rd Floor, 71 Bree Street, Cape Town 8001

5.5   Head office postal address: 3rd Floor, 71 Bree Street, Cape Town 8001;

5.6   Physical address for receipt of legal service: 3^rd Floor, 71 Bree Street, Cape Town 8001;

5.7   Telephone number: 021 481 7600;

5.8   Fax number: 021 481 7630;

5.9   Main business: Diners Delight is a marketing organisation that provides services to restaurants by allowing registered users to place bookings, and receive such exclusive discounts as may be made available from time to time, in exchange for survey information provided by such registered users to Diners Delight;

5.10   The website address of the Diners Delight website is: www.dinersdelight.co.za;

5.11   The official e-mail address is:: info@dinersdelight.co.za

5.12   Services: For details of services provided by Diners Delight, refer to [About Us Link], as governed by 1. Terms of Service.

5.13   Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:

5.13.1   access to the Diners Delight website;

5.13.2   the inability to access the Diners Delight website;

5.13.3   the services and content available from the Diners Delight website; or

5.13.4   these terms and conditions,

shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Cape Town in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and client. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following website: http://www.arbitration.co.za;

 5.14   Users may lodge complaints concerning the Diner's Delight website at: info@dinersdelight.co.za

6. Changes and amendments

Diners Delight reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification:

 6.1   change these terms and conditions;

 6.2   change the content and/or services available from the Diners Delight website;

 6.3   discontinue any aspect of the Diners Delight website or service(s) available from the Diners Delight website; and/or

 6.4   change the software and hardware required to access and use the Diner's Delight website.

7. Privacy

7.1   Diner's Delight shall take all reasonable steps to protect the personal information of Users and for the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA).

7.2   Diner's Delight may electronically collect, store and use the following personal information of Users:

7.2.1   name and surname;

7.2.2   area code;

7.2.3   street address;

7.2.4   postal address;

7.2.5   title;

7.2.6   contact numbers;

7.2.7   non-personal browsing habits and click patterns;

7.2.8   e-mail address; and / or

7.2.9   IP address.

7.3   Diner's Delight collects, stores and uses the abovementioned information for the following purposes:

7.3.1   Communicate requested information to the User;

7.3.2   Provide services to the User as requested by the User;

7.3.3   Authenticate the User;

7.3.4   Provide the User with access to restricted pages on this website; and

7.3.5   Compile non-personal statistical information about browsing habits, click-patterns, and access to the Diners Delight website.

7.4   Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.

7.5   Diner's Delight may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:

7.5.1   Diner's Delight shall not disclose personal information of Users unless the User consents thereto;

7.5.2   Diner's Delight shall disclose personal information without the User’s consent only through due legal process; and

7.5.3   Diner's Delight may compile, use and share any information that does not relate to any specific individual.

7.6   Diner's Delight owns and retains all rights to non-personal statistical information collected and compiled by Diners Delight

7.7 The user hereby agrees that any information provided to Diners Delight in whole, or as part of a Survey, is provided on the understanding that such information automatically becomes the sole property of Diner's Delight.

8. Hyperlinks to third party sites

8.1   Diner's Delight may provide hyperlinks to websites not controlled by Diner's Delight (“target sites”) and such hyperlinks do not imply any endorsement, agreement on or support of the content, products, and/or services of such target sites.

8.2   Diner's Delight does not editorially control the content, products, and/or services on target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access, use, inability to use or content available on or through target sites.

9. Security

9.1   Diner's Delight shall take all reasonable steps to secure the content of the Diners Delight website and the information provided by and collected from Users from unauthorised access and/or disclosure. However, Diners Delight does not make any warranties or representations that content shall be 100% safe or secure.

9.2   Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, Diners Delight is under no legal duty to encrypt any content or communications from and to Users and is also under no legal duty to provide digital authentication of any pages on the Diners Delight website.

9.3   Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, robots, or spyware, to the Diners Delight website or the server and computer network that support the Diners Delight website.

9.4   Notwithstanding criminal prosecution, any person who delivers or attempts to deliver any damaging code to the Diners Delight website, whether on purpose or negligently, shall, without any limitation, indemnify and hold the Diners Delight harmless against any and all liabilities, damages, risks and losses that the Diners Delight and its partners / affiliates may suffer as a result of such delivery, attempt or damaging code.

9.5   Users may not develop, distribute, or use any device or programme designed to breach or overcome the security measures of the restricted pages, products and services on the Diners Delight website and Diner's Delight reserves the right to claim damages from any and all persons involved, directly and indirectly, in the development, use and distribution of such devices or programmes.

9.6   Users who commit any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liabilities, losses, destruction or damages suffered and/or incurred by Diners Delight and its partners / affiliates due to or related to these illegal actions.

10. Disclaimer and limitation of liability

10.1   Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, Diners Delight (including its owners, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:

10.1.1   access to the Diners Delight website;

10.1.2   access to websites linked to the Diners Delight website;

10.1.3   inability to access the Diners Delight website;

10.1.4   inability to access websites linked to the Diners Delight website;

10.1.5   content available on the Diners Delight website;

10.1.6   services available from the Diners Delight website;

10.1.7   products available from the Diners Delight website;

10.1.8   downloads and use of content from the Diners Delight website; and/or

10.1.9   any other reason not directly related to the Diners Delight gross negligence.

10.2   The Diners Delight website is supplied on an "as is" basis and has not been compiled to meet the User's individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with the Diners Delight, that the content available from and through the Diners Delight website meet the User's individual requirements and is compatible with the User's computer hardware and/or software.

10.3   Information, ideas, and opinions expressed on the Diners Delight website should not be regarded as professional advice or the official opinion of the Diners Delight and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas, or opinions expressed on the Diners Delight website. Diner's Delight will not be liable in any manner whatsoever for loss of life, injury or damage to any person or thing which may occur as a result of the use of the information, ideas and opinions.

10.4   Diner's Delight does not make any warranties or representation that content and services available from the Diners Delight website shall in all cases be free from any errors. Diners Delight shall take all reasonable steps to ensure the quality and accuracy of content available from the Diners Delight website.

10.5   Diner's Delight does not make any warranties or representations that the Diners Delight website shall be available at all times. Users acknowledge that the Diners Delight website may be unavailable due to updates or other causes beyond the reasonable control of Diner's Delight, including, but not limited to virus infection, unauthorised access (hacking), power failure or other “acts of God.”

10.5 Diners Delight reserves the right to retract any deal, special offer or discount offered to a register user, where such deal is redeemable at a restaurant.

10.6 Diners Delight shall not be liable for any claim or moneys in such instances where a deal, special offer or a discount is no longer valid due to the termination of any relationship between Diners Delight and a restaurant.

11. Comments

Diners Delight does not edit or scan comments posted by the User or e-mails from the User to Diners Delight or the Diners Delight website and shall not be liable for any defamatory, illegal, infringing, hateful, pornographic, or harmful postings.  

12. Removal and correction of content

Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing, and/or harmful content available from the Diners Delight website to Diner's Delight, and Diners Delight undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.

13. Interception of communications

13.1   Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to Diners Delight’s right to intercept, block, filter, read, delete, disclose and use all communications (including all “data messages” as defined in the ECT Act) sent or posted by the User to the Diners Delight website, its staff and employees. The RIC Act may be downloaded from: http://www.info.gov.za/acts/2002/a70-02/.

13.2   The User agrees and acknowledges that the consent provided by the User in clause 13.1 satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.

13.3 Diners Delight respects the privacy and confidentiality of the User and any private data of the User shall not be sold or shared but used for the purpose that the User supplies it.

14. Entire agreement and severability

14.1   These terms and conditions constitute the entire agreement between Diner's Delight and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by Diners Delight from the User.

14.2   Any failure by Diners Delight to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.

14.3   In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.

15. Agreement in terms of section 21 of the ECT act

The User and Diner's Delight agree that:

15.1   the User shall be bound to these term and conditions and such agreement is concluded in Cape Town (South Africa) at the time the User enters the Diners Delight website for the first time;

15.2   data messages (as defined in the ECT Act) addressed by the User to Diners Delight shall only be deemed to have been received if and when responded to;

15.3   data messages (as defined in the ECT Act) addressed to the User by Diners Delight shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;

15.4   data messages (as defined in the ECT Act) addressed by the User to Diners Delight shall be deemed to have been created and sent by the User from within the geographical boundaries of South Africa;

15.5   electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and Diners Delight; and

15.6   The User agrees and warrants that data messages that are sent to Diner's Delight from a computer, IP address, or mobile device normally used by or owned by the User, was sent and/or authorised by the User personally.

16. Applicable and governing law

The Diners Delight website is hosted, controlled, and operated from the Republic of South Africa and therefore, subject to clause 5.11, the South African law enforced by the South African courts governs the use or inability to use the Diners Delight website, its content, services, products and these terms and conditions.

17. Legal costs

Diners Delight shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.