Terms and Conditions

Welcome to Barcelos. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern our relationship with you in relation to this website.

INTERPRETATION
DEFINITIONS
GENERAL
PROMOTIONS AND COMPETITIONS
PROMOTIONS TERMS AND CONDITIONS
DEALS AND OTHER DISCOUNTED GOODS
BARCELOS APP-ONLY DEALS
GOODS AND DELIVERY OF GOODS (ONLINE ORDERING VIA THE WEBSITE OR ONLINE APPS)
THE DELIVERY AND/OR COLLECTION OF GOODS
ORDERS
PRICE AND PAYMENT
PAYMENTS AND REFUNDS
YOUR PROFILE
‘ORDER AHEAD’ FUNCTIONALITY
GIFT VOUCHERS
PROMOTIONAL OFFERS
YOUR INFORMATION
YOUR USE OF THE PROGRAMME/APP
GENERAL
LEGAL AGE AND CAPACITY
THE SITES AND REGISTRATION
SOCIAL TERMS AND CONDITIONS
INTERPRETATION
COMMUNICATIONS PURPOSE
CONFIDENTIALITY
AMENDMENTS
LIABILITY LIMITATION
NO CONTRACT
USERS’ CODE OF CONDUCT
LICENCES
REMARKETING
CREATION, MIGRATION, AND USE OF REMARKETING LISTS
SOFTWARE AND EQUIPMENT
ECT ACT
LIABILITY
INDEMNITY
RIGHTS INFRINGEMENT
DEALINGS WITH THIRD PARTIES
DISPUTE RESOLUTION
GOVERNING LAW AND JURISDICTION
SEVERABILITY
TERMINATION
CUSTOMER PRIVACY NOTICE

IMPORTANT NOTICE:

IF YOU DO NOT UNDERSTAND ANY OF THE LANGUAGE IN WHICH THIS DOCUMENT
IS CURRENTLY AVAILABLE, WE STRONGLY ADVISE YOU NOT TO AGREE AND NOT
ACCEPT THE AGREEMENT AND CONSEQUENTLY NOT TO CONTINUE TO USE THE
APPLICATION AND/OR WEBSITE. IN CASE OF ANY DIFFERENCES BETWEEN A
TRANSLATION AND THE ENGLISH VERSION, THE ENGLISH VERSION PREVAILS.
THEREFORE, BY CONTINUING TO USE OUR APPLICATION, YOU AGREE AND
ACKNOWLEDGE THAT YOU UNDERSTOOD THE TERMS OF THIS DOCUMENT IN THE
LANGUAGE IN WHICH IT IS CURRENTLY AVAILABLE.
PLEASE READ THIS AGREEMENT AND ANY REPLACEMENT OR AMENDMENT
HEREOF CAREFULLY BEFORE DOWNLOADING THE APPLICATION OR MAKING USE
OF THE WEBSITE AND/OR ANY UPDATE THEREOF, AS APPLICABLE.

1. INTERPRETATIONS

1.1 These Terms and Conditions may contain several terms and phrases that have a specific meaning in this document. Any reference to a party shall, if such party is liquidated or sequestrated, also Apply to and be binding upon that party’s liquidator or trustee. Unless We show the contrary in these Terms and Conditions, references to gender include the other genders, the singular includes the plural, and the other way around.

1.2 Our solution also includes, without limitation, online software components available as widgets or plug-ins (“the widgets”), web sections available to you through Our online platform, Application for placing/taking orders and afferent software packets and dedicated for different types of smartphones, tablets, or other terminals and any subsequent upgrade, replacement, restoration, update of the Application and/or Website by Us. You are the sole responsible for downloading or not downloading any local level applicable update on the orders’ taking terminal. This agreement, the terms and conditions of this agreement, also include any replacement and/or amendment thereof by Us.

1.3 By installing and/or downloading and/or by using the solution and/or of any update and/or of any parts thereof and/or by pressing the acceptance button and/or by accepting in any way, tacitly or explicitly, of the Application and/or Website, you expressly and unconditionally accept all the terms and conditions of this agreement, including as they will be replaced or amended from time to time, and You undertake Yourself to fully and adequately respect them. If You do not wish to respect the terms and conditions of this agreement, including as they will be replaced or amended fully and adequately from time to time, do not install and/or do not use (any longer) the Application and/or Website and/or any updates to the aforementioned, as applicable. For the sake of clarity, the acceptance of the terms and conditions of this agreement with the occasion of creating any of Your account(s), automatically implies the full and correspondingly applicability of the present agreement also in case of any installing and/or downloading and/or using of the solution and/or of any update and/or of any parts thereof, on any smartphones, tablets or other terminals.

1.4 Our Application has as main purpose to allow You to order and/or to buy products and/or services from Us through the solution (e.g. products that should be delivered to You and/or to be picked-up by You from Our location(s), depending on Your preference and availability of a delivery service) and for this purpose to allow the intermediation of Your access to the information loaded by You in the platform in relation with You and/or the products and/or the services, publicly available and through the interfaces/widgets/application(s) for placing the orders accessible from Our Website and/or the intermediation for transmitting the information in relation with the ordering or, buying of the products and/or the services, from Us to You and from You to Us through the downloaded Application on the smartphones and/or tablets and/or other terminals, as the case may be, as well as any other purposes expressly allowed by Us.

2. DEFINITIONS

The following expressions shall bear the meanings assigned to them below:

2.1 ‘Access’ when Used in a Website (whether it be the Sites or a Third-Party Website), means to visit, Use, load in a Web browser, mobile phone, or similar software Application or device, or otherwise engage with a Website

2.2 ‘Barcelos Flame Grilled Chicken Associates’ means Barcelos Flame Grilled Chicken officers, servants, employees, agents, representatives or contractors, or other persons regarding whose actions Barcelos may be held to be vicariously liable

2.3 ‘Barcelos Flame Grilled Chicken App’, ‘App’, ‘Application’, ‘Online App’ means the software Application leased by Barcelos Flame Grilled Chicken that allows Users to order Barcelos Flame Grilled Chicken products and/or services via the Application and/or the Barcelos Flame Grilled Chicken Website or both where Applicable

2.4 ‘Branded Sites’ means Barcelos Flame Grilled Chicken Branded Sites, which include Branded accounts, pages, and Websites hosted by or on different Social Networks

2.5 ‘Content’ means all information (such as data files, written text, computer software, music, audio files, or other sounds, photographs, videos, or other images) that You may have Access to as part of, or through Your Use of, the Sites

2.6 ‘The ECT Act’ means the Electronic Communications and Transactions Act 25 of 2002

2.7 ‘Facebook’ means Facebook Inc., as Well as the social network located at https://facebook.com, as the context dictates

2.8 ‘Goods; means Barcelos Flame Grilled Chicken and related products sold in association with and in the normal course of the business of a Barcelos fast food restaurant

2.9 ‘Intellectual Property’ means, collectively, the patents, copyrights (and moral rights), trademarks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, Know-how, trade secrets, and any other type of Intellectual Property (whether registered or unregistered, including Applications for and rights to get or Use same) which We own, licence, Use and/or hold

2.10 ‘Know-how’ means all the ideas, designs, documents, diagrams, information, devices, technical data, secrets, and other processes and methods We Use in connection with the Sites, as Well as all available information regarding marketing and promotion of the goods and services described in these Terms and Conditions, as Well as all and any modifications or improvements to any of them

2.11 ‘POPI Act’ means the Protection of Personal Information Act 4 of 2013

2.12 ‘Post’ means to upload, publish, transmit, share, or store

2.13 ‘Prize Partner’ means an individual or company that, in collaboration with Barcelos provide the rewards or discounts

2.14 ‘Promotion and Competition Rules’ means the individual terms and conditions Applicable to and governing all Barcelos Flame Grilled Chicken Promotions and competitions, which are available on this Website

2.15 ‘Promotor’ means Barcelos Franchisee or owner of the applicable Barcelos outlet

2.16 ‘Properties’ means properties or Content on which We show advertisements

2.17 ‘Remarketing Lists’ means a list of User Cookies created or otherwise obtained by You and Used for remarketing or similar audiences

2.18 ‘RICA Act’ means the Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2002

2.19 ‘Similar Audiences Lists’ means a list of Users created by Google based on a Remarketing List for connection with similar audiences

2.20 ‘Social Networks’ means online social networks, social media, and similar communication tools including, but not limited to, blogs, Facebook, WhatsApp, Instagram, and Twitter

2.21 ‘Social Networks’ Terms of Use’ means the terms and conditions governing the Social Networks’ services and/or platforms from time to time

2.22 ‘The Sites’ means this Website, Online Apps, and the Branded Sites (‘Site’ is a reference to any of the Sites, as the context permits or shows)

2.23 ‘Terms and Conditions’ means these Terms and Conditions of Use, as amended from time to time

224 ‘Third Party Websites means Websites other than the Barcelos Flame Grilled Chicken Sites

2.25 ‘This Website’ means Barcelos Flame Grilled Chicken Website at https://barcelos.co.za and/or https://orders.barcelos.co.za/

2.26 ‘Trademarks’ means those trademarks We own (or which We are designated as the beneficial owner of) and any other trademarks, designs, logos, style names, taglines and slogans which We own or have the right to Use or any derivative service offerings of, and Applications for, any of same

2.27 ‘Twitter’ means Twitter Inc., as Well as the social network and messaging platform tools Accessible through https://twitter.com

2.28 ‘Unique User’ means a unique instance of a browser, Application, or similar technology

2.29 ‘Us’, ‘We’, ‘Our’ and ‘Barcelos’ means Barcelos Flame Grilled Chicken, a brand owned by Imperium Franchise Holdings (Proprietary) Limited, a company with limited liability incorporated following the company laws of the Republic of South Africa (registration number 1994/008868/07), and the licensee for the Barcelos Flame Grilled Chicken Trademark, Barcelos system and system property in South Africa

2.30 ‘User/s’ means anyone who Accesses the Sites within the meaning of the term ‘Access’ above

2.31 ‘User Cookie’ means the User identifier (of which a cookie is one example) associated with a User for remarketing or similar audiences

2.32 ‘WhatsApp’ means WhatsApp LLC., as Well as the social network and messaging platform tools Accessible through WhatsApp.com

2.33 ‘You’, ‘Your’, ‘Customer’, means visitors to the Sites

3. GENERAL

3.1 You may Access the Sites on condition that You accept these Terms and Conditions as they are and with no modifications to them by You. These Terms and Conditions are a contract between You and Us, so You must read them carefully and ensure that You understand and accept them. If You Access the Sites, We will assume You have read and understood these Terms and Conditions and agree to them. If You do not agree with any provision in these Terms and Conditions, please do not Access the Sites.

3.2 We reserve the right, in Our sole discretion, to, and You agree that We may amend these Terms and Conditions from time to time. We will publish the amended Terms and Conditions on this Website and notify You through a notice on this Website and on any other Sites (where Applicable). These amendments shall come into effect immediately and automatically upon the publishing thereof on this Website.

3.3 It is Your responsibility to review these Terms and Conditions regularly and to ensure that You agree with any amendments to these Terms and Conditions. If You do not agree with any amendments to these Terms and Conditions, You may no longer Access the Sites. Chapter VII of the ECT Act grants rights to any natural person (in other words, living human beings) who enters or intends to enter what is known as an ‘electronic transaction’ with Us on the Sites. None of these Terms and Conditions are intended to limit the rights the ECT Act or any other legislation grants You.

3.4 You agree that:

3.4.1 You are bound by these Terms and Conditions.

3.4.2 This agreement shall be deemed to have been concluded in Centurion, Gauteng Province at the time You Access the Sites for the first time.

3.4.3 Data messages addressed by You to Us shall be deemed to have been:

(i) Received when responded to

(ii) Sent by You within the geographical boundaries of the Republic of South Africa

3.4.4 You shall be deemed to have received data messages We address to You as detailed in section 23(b) of the ECT Act.

3.4.5 Electronic signatures, encryption, and/or authentication are not required for valid electronic communications between You and Us.

3.4.6 As Well as warrant that data messages that You send to Us from a computer, IP address, or mobile device normally Used by You, was sent and/or authorised by You personally.

3.5 These Terms and Conditions constitute the whole agreement between You and Us relating to Your Access to and Use of the Sites. No indulgence, extension of time, waiver, or relaxation of any of the provisions or terms of these Terms and Conditions, which We may show, grant, or allow You shall operate as an estoppel against Us in respect of its rights under these Terms and Conditions nor shall it constitute a waiver by Us of any of Our rights and We shall not thereby be prejudiced or stopped from exercising any of its rights against You which may have arisen in the past or which might arise in the future. Nothing in this agreement shall create any relationship of agency, partnership or joint venture between You and Barcelos and You shall not hold yourself out as an agent or partner of Barcelos or as being in a joint venture with Barcelos.

4. PROMOTIONS AND COMPETITIONS

4.1 We may conduct Promotions and competitions from time to time on one or more of the Sites or in one or more of the Barcelos outlets. Each promotion and competition will have its specific terms and conditions which Apply to and govern them. These Promotion and Competition Rules will be available on the Website.

4.2 Conditions Applicable to all prizes

4.2.1 Rewards/Discounts may not be exchanged for any cash or other alternative (unless stated) and Reward Vouchers(s)/discounts are non-negotiable, non-transferable, and non-divisible and are not permitted to be sold or resold. Neither the Promoter nor any redeeming outlet shall be under any obligation to enquire whether the person submitting any voucher code is the person entitled to make the claim, irrespective as to whether or not that person first obtained that voucher code (but without affecting the Promoter’s rights concerning anyone in breach of these Terms and Conditions). ALL voucher(s) will be retained on redemption (unless redeemed via a hotline or online when the Prize Partner and or Promoter reserves the right to require prior sight of any voucher(s) before redemption) and only Original and Authentic voucher unique codes will be accepted. VOID (expired, counterfeit, or incomplete) voucher unique codes will not be accepted.

4.2.2 All pictures and photos Used to advertise the prizes are illustrative rather than definitive and are for reference only, the actual prizes may differ in their Appearance. Any advertisement of the cash value of the prize pool represents the Promoter’s best estimate of the normal retail price or (in the case of discount prizes) of the discount offered (based in turn on the average discount if variable) for all prizes which are available to be won; it does not thereby imply that any prize will be awarded in the absence of a corresponding valid claim. Reproduction of any prize imagery does not thereby imply any endorsement or association by the producer of that prize type nor by the owner of any brand associated with that prize type and the award of which has been completed within the time limits as prescribed by these Terms and Conditions.

4.2.3 Responsibility

To the fullest extent permitted by Applicable law (but not otherwise) the Promoter, its agents for administering the reward vouchers assume no responsibility and are not liable for:

(i) The accuracy or otherwise of the prize description or illustration;

(ii) The non-availability, loss, interception or interference with, late receipt, or damage of or to any prize claim, Promotional reward vouchers, discount prize(s), voucher(s), prize or notification or other communication;

(iii) (Other than those warranties or conditions implied by statute, and which cannot be excluded by the Promoter) any representation, warranty, condition, or guarantee in respect of a prize; or

(iv) Any taxes, fees, charges, or other costs that winners may be required to pay at any time in connection with a prize, (save to the extent that the Promoter has expressly and specifically accepted responsibility in these Terms and Conditions for same);

(v) All costs, injuries, losses, or damages of any kind, due in whole or in part, directly or indirectly, to a person’s participation in the Promotion, or arising out of a person’s participation in any Promotion related activity, or their receipt, Use or misuse of any prize that may be awarded to them.

(vi) All reward vouchers remain the property of the Promoter, pending redemption to winners and the Promoter reserves the right to dispose of any unclaimed prizes as they deem appropriate.

(vii) All prizes remain the property of the Prize Partners, pending redemption by winners and the Promoter is not responsible for the supply of and does not own, any prizes provided by other suppliers nor acts as their agent concerning the delivery to winners of prizes other than those supplied directly by the Promoter.

(viii) For any prize which must be claimed by the winners’ parent/legal guardian, the Promoter will not be obliged to award it to anyone other than that parent/legal guardian if the winner is less than 18 years of age. The Promoter may also withhold that award should the Promoter determine in its sole discretion that a dispute may have arisen between the winner and the parent/legal guardian concerning the prize. The Promoter is not liable to verify the identity of the parent or legal guardian.

(ix) The submission of prize claims is the sole responsibility of the prize claimant.

(x) Any tax liability or life, health, travel, accident, or other insurance associated with any prize is payable by the prize winner and is their sole responsibility.

4.2.4 The Promoters’ rights

The Promoter reserves the right and at any time at its absolute discretion and without giving any reason or notice, to vary, modify, or amend the terms of these Terms and Conditions in such manner as the Promoter thinks fit. Any changes will be communicated on the Website, and all participants in the Promotion shall be deemed to have accepted such amended or modified terms by their ongoing participation in the Promotion. In the event of any discrepancy between any printed Terms and Conditions, rules, short guides, declarations, the Terms and Conditions as communicated on the Website will prevail. The Promoter may;

(i) Extend any time limit or waive any of the Terms and Conditions where a person might otherwise have been disqualified (without obliging the Promoter to relax the Terms and Conditions on any further occasion for that entrant or at all for any other person);

(ii) Terminate or suspend the Promotion at any time due to supervening circumstances beyond the Promoter’s control;

(iii) Substitute a product deemed to be an Appropriate replacement and of equal or greater value in the place of any of the prizes (or any part of a prize). The Promoters’ decision in the exercise or interpretation of any of its rights or discretions in connection with these Terms and Conditions shall be final and binding.

4.2.5 Force majeure/printing and production error

(i) In the event the Promoter is prevented from continuing with the Promotion as contemplated herein by any event beyond its control, including but not limited to service interruption, technology or system failure, accidental damage, fire, flood, natural or manmade, or public health epidemic, earthquake, explosion, labour dispute or strike, an act of public enemy, or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared any provincial or local government law, or regulation, order of any court or jurisdiction, decision of Government, or any other cause not reasonably within Promoter’s control (each a ‘Force Majeure’ event or occurrence), then the Promoter shall have the right to modify, suspend, extend, or terminate the Promotion.

(ii) The Promoter also reserves the right, without prior notice and at any time, to terminate the Promotion, in whole or in part, or modify, suspend, or extend the Promotion in any way, or deem the reward codes void and invalid if it determines, in its sole discretion, that the reward codes in question reflect printing or other errors which have destroyed or severely undermined the proper play, integrity, and/or feasibility of the Promotion.

(iii) If, due to printing or production errors for any reason, more potential winners come forward seeking to claim prizes above the number of each type of prize outlined in these Terms and Conditions, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the Promotion may be selected in a random draw from among all persons making purportedly valid claims for such prizes. Inclusion in such a random draw shall be each prize claimant’s sole and exclusive remedy under such circumstances.

5. PROMOTIONS TERMS AND CONDITIONS:

5.1 Certain products or Promotions are only redeemable at participating Barcelos restaurants in South Africa.

5.2 Barcelos reserves the right to amend or stop a promotion at any time.

5.3 Promotions are available for a limited time only.

5.4 Certain offers are limited to one per customer or have a minimum order Applied, per participating restaurant, within the specified period.

5.5 Portion Weights are raw Weights.

5.6 Visuals are for illustrative purposes only, and size and Appearance may vary.

5.7 All offers are available while stocks last, and substitutes are at the discretion of the restaurant.

5.8 Prices are subject to change without prior notice.

5.9 Should You be allergic to any food items, please request information regarding the ingredients before placing an order.

5.10 Some food items have traces of nuts and sesame seeds and are made using dairy products and wheat gluten.

6. DEALS AND OTHER DISCOUNTED GOODS:

6.1 From time to time, We may offer certain Goods at discounted prices as part of a deal or Barcelos App only deal (“the Deal”). These will be subject to certain conditions as set out on the Sites.

6.2 If You purchase a product within the scope of a Deal, You will pay the discounted price for that product. However, if You buy a product in a manner that falls outside of the scope of a Deal, then You will pay the then-current selling price on the Sites for each product that falls outside the scope of the Deal.

7. BARCELOS APP-ONLY DEALS

We also have Barcelos App-only Deals, which will only be available for purchase Using the Barcelos App, although they may also be displayed on the Barcelos Website. App-only deals are only available for purchase Using the App and their prices may differ from the normal selling prices at which those Goods may be available on the Website. Please note that Barcelos App-only deals have a stock limit and may expire earlier if stock runs out.

8. **GOODS AND DELIVERY OF GOODS (ONLINE ORDERING VIA THE WEBSITE OR ONLINE APPS)**

8.1 The Goods offered by Barcelos for delivery and/or collection are indicated on the ‘Order Online’ section of this Website or the Online Apps, as updated from time to time. The photos Used on the Sites are for illustration purposes only. Actual goods may vary. The number of goods the User may order on the Sites for delivery and/or collection may be restricted. This will be indicated on the Website or the Online Apps.

8.2 The prices of the Goods are indicated on the Sites, as updated from time to time and will vary depending on the type, quantity and/or size of the Goods ordered, as Well as any variations, amendments, or upgrades made thereto. Prices may also vary depending on the Barcelos outlet that the Goods are ordered from and whether the Goods have been ordered via a third-party service provider for delivery or collection.

8.3 The User can view and order the Goods for delivery or collection via the Website or Online Apps.

8.4 Goods and services offered through this Website or Online Apps are strictly on an ‘as is’ basis as reflected.

9. THE DELIVERY AND/OR COLLECTION OF GOODS ARE SUBJECT TO THE FOLLOWING

9.1 If delivery and/or collection is not available at a Barcelos outlet, this will be indicated on the Website or Online Apps. If delivery is available at a Barcelos outlet, We may limit the delivery to specific times within the day.

9.2 All orders placed via the Website or Online Apps for delivery and/or collection must be placed for same-day delivery and/or the collection and no later than 30 minutes before the Barcelos outlet’s closure time.

9.3 The Barcelos outlet from which the Goods may be collected will be the Barcelos outlet selected for collection by the User on the Website or Online Apps. The User must present a copy of the invoice generated by the Website or Online Apps for the purchase of the Goods or a copy of the confirmation SMS sent to the User by Barcelos.

9.4 The Barcelos outlet from which the delivery of the Goods will be made (if Applicable), will be selected automatically by the Website or Online Apps upon insertion of the User’s physical delivery address. The allocation of a Barcelos outlet is based on the delivery area (“the Delivery Area”). The Delivery Area for each Barcelos outlet is up to three kilometres from the Barcelos outlet, where feasible.

9.5 If no Barcelos outlet is allocated by this Website or Online Apps, then the Users physical address is deemed to not be included in the Delivery Area for any Barcelos outlet or delivery is not available for that Barcelos notwithstanding the above, Barcelos reserves the right, in its sole and absolute discretion, to elect not to deliver Goods to any area.

9.6 A delivery fee and/or commission may be payable by the User to Barcelos and/or the Third-Party service provider for utilising the delivery services.

9.7 By utilising the delivery services, You are undertaking to ensure the safety of the person carrying out the delivery of the Goods whilst they are on Your premises. In this regard, You agree to indemnify Barcelos, their affiliates, their subsidiaries, and their franchisees against any theft or loss of property or any damage, injury, or death sustained by the person carrying out the delivery of the Goods whilst on Your premises.

9.8 All queries for the delivery and/or collection of Goods may be referred to the relevant Barcelos outlet or the Barcelos Customer Helpline as follows:

Email address: customercare@barcelos.co.za; or

Contact number: 012 660 0450 (available Monday between 07:30 and 17:00 and Friday between 07:30 and 16:00).

9.9 The availability of Goods for delivery and/or collection is within the sole and absolute discretion of Barcelos. Barcelos may withdraw the Goods or services related to the delivery and/or collection of services at any time.

10. ORDERS

10.1 Placing orders. Once You have created Your order from the menu, You can submit Your order by clicking on the ‘checkout’, ‘submit order’, or similar button. You must check the information that You enter and correct any errors before clicking on this button because once You click on this, input errors cannot be corrected. We are not responsible for Your errors.

10.2 Change of mind. If at any time before You click on the ‘checkout’, ‘submit order’, or similar button, You decide that You do not wish to proceed with Your order, You should clear Your order basket and then close the Application or Website window.

10.3 Receipt and acceptance. On receipt of Your order, We will begin processing Your order and will send You a notification via an in Application or Website notification, SMS, or email when Your order has been received by the restaurant and whether it has been accepted for preparation by the restaurant.

10.4 Payments. Where any payment You make is not authorised or Approved, You will be returned to the previous page on the Application or Website, and We will not be obliged to provide the services.

10.5 Currency. All transactions will be processed in South African Rands (ZAR).

10.6 Cancellation. Once You have placed Your order and Your payment has been authorised, You will not be able to cancel Your order or be entitled to a refund.

11. PRICE AND PAYMENT

11.1 Prices quoted. Prices will be as quoted on this Application or Website. These prices include VAT, but may exclude delivery, service, preparation, order size, and similar costs, which will be added to the total amount due (if You opt for delivery instead of collection), where Applicable.

11.2 Possible errors. The Application or Website contains numerous menus and some of the menus may be incorrectly priced. If the correct price for an order differs from the price stated on the Application or Website, the restaurant will normally contact You before the order in question is dispatched. We are under no obligation to ensure that the order is provided to You at the correct price or to compensate You for incorrect or no pricing.

11.3 Complaints. Where Applicable, all delivery orders will be performed by the restaurant directly. If You have a complaint about the service provided by the restaurant, then complaints must be lodged, initially with the restaurant. If You have paid for Your food and delivery online, Our customer care team will, subject to Your compliance with these general terms, assist with the complaint procedures, including the processing of credit or debit card refunds and chargebacks where Appropriate.

11.4 Payment methods. Payment for all orders must be by credit, debit card or EFT (Electronic Fund Transfer) as stated on this Application or Website, alternatively, in cash at the point of collection or delivery to You.

11.5 Discounts. A discount may Apply to Your order if You Use a promotional code recognised by this App or Website and endorsed by Us.

11.6 Delays in payments. Please note that from time to time there may be delays with processing payments and transactions; on occasion, this may result in payments taking up to 60 days to be deducted from Your bank account or charged to Your credit card.

12. PAYMENTS AND REFUNDS

12.1 Payments

We are committed to providing secure online payment facilities. All transactions are encrypted Using Appropriate encryption technology. Payment may be made for Goods via the following methods (depending on its availability and/or Your eligibility to Use such a method):

12.1.1 Debit card: Where payment is made by debit card, We may require additional information to authorise and/or verify the validity of payment. In such cases, We are entitled to withhold the Goods until 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 Goods will be cancelled. You warrant that You are fully authorised to Use the debit card supplied for purposes of paying for the Goods. You also warrant that Your debit card has sufficient available funds to cover all the costs incurred because of the services used on the Website or Online Apps.

12.1.2 Credit card: Where payment is made by credit card, We may require additional information to authorise and/or verify the validity of payment. In such cases, We are entitled to withhold the Goods until 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 Goods will be cancelled. You warrant that You are fully authorised to Use the credit card supplied for purposes of paying for the Goods. You also warrant that Your credit card has sufficient available funds to cover all the costs incurred because of the services Used on the Website or Online Apps.

12.1.3 Electronic Fund Transfer: Where payment is made by electronic fund transfer, We may require additional information to authorise and/or verify the validity of payment. In such cases, We are entitled to withhold the Goods until 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 Goods will be cancelled. You warrant that You are fully authorised to use the bank account from which payment is affected. You will be liable to cover all the costs incurred as a result of the services Used on the Website or Online Apps.

12.2 Refunds

12.2.1 Refunds will be processed via the contact centre. Where You provide Barcelos with the incorrect account information, and a refund is successfully processed to the provided details, Barcelos will not be held responsible for any further refunds.

12.2.2 Card reversals may take up to 14 business days to reflect. A valid proof of refund by Barcelos card processing partner shall be conclusive proof that a card reversal has been processed.

12.2.3 Should a refund not reflect, You will have to approach the card processing partner card issuing institution to investigate the matter.

12.3 Errors

12.3.1 We shall take all reasonable efforts to accurately reflect the description, availability, purchase price, and delivery charges of Goods on the Website and Online Apps. However, should there be any errors of whatsoever nature on the Website or Online Apps (which are not due to Our gross negligence), We shall not be liable for any loss, claim, or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding You for any amount already paid.

12.3.2 Barcelos shall not be bound by any incorrect information regarding Our Goods displayed on any third party Websites.

13. YOUR PROFILE:

You must register a profile on the App before Using the App. All information that You provide when registering a profile must be true, accurate, and complete. Providing false information and/or creating multiple profiles constitutes fraud and may lead to Your profile being terminated with immediate effect, in which case You will lose all rewards and/or points that You have accumulated on the App. It is Your responsibility to ensure that no unauthorised persons Access Your App on Your phone.

14. ‘ORDER AHEAD’ FUNCTIONALITY

14.1 An order is successfully placed on the App only once payment has been made via the App and the App sends You a confirmation of order notification.

14.2 You must select the store from which You would like to collect Your order. No changes to orders placed on the App may be made following confirmation of the order.

14.3 You may only place an order for pickup on the same day and it is Your responsibility to collect the order within a reasonable time of placing the order.

14.4 We are not responsible for any reduction in the quality of the order if You collect the order late. We will not refund You for orders which You do not collect. We can discard Your order if it has not been collected within an hour after the order was placed.

15. GIFT VOUCHERS

The minimum amount to send as a gift is R50.00 (Fifty Rands) and the maximum amount You can send is R20,000.00 (Twenty Thousand Rands) for a higher spend You will need to contact Barcelos directly. Gift vouchers are valid for 3 years from the date of purchase. Gift vouchers cannot be exchanged for physical cash.

16. PROMOTIONAL OFFERS

Unless otherwise specified, promotional offers cannot be used in conjunction with any other offers. Promotional offers are always subject to availability and may not always be available at every Barcelos store.

17. YOUR INFORMATION

17.1 When registering Your profile on the App, We will need to collect certain information from You including Your name, surname, date of birth (optional), and mobile number, as Well as Your credit or debit card details to accept card payments via the App. We do not store any credit card data on Our system, but We transmit encrypted information (tokens) to the payment service provider to facilitate payments. We do not share any unencrypted credit card information with third parties.

17.2 We only collect as much information as We need to provide the services on the App to You. We will not process or share Your information for any other purpose without Your permission.

17.3 By agreeing to these Terms, You give Us permission to send You SMS and/or email messages for OTP purposes and purposes relating to orders, queries, marketing, and Promotions, or for any other lawful reason. If Your location settings are enabled on Your mobile device, the App may, from time to time, Use GPS (or similar) technology for You to utilise Our ‘Find a Store’ feature. However, We do not store or share this location data on Our system. We may Use App-trackers from time to time, but only for analytics purposes. Data in this regard is anonymous and We do not Use it for any marketing purposes.

17.4 We have the right to monitor Your Use of the App to operate and improve the App (including, without limitation, for fraud prevention, risk assessment, investigation, and customer support purposes and to ensure Your compliance with these Terms and compliance with Applicable law).

17.5 All data provided to Us is stored on Our secure servers or those of Our trusted service providers. We implement Appropriate, generally accepted technical, and organisational measures to protect personal data against unauthorised or unlawful processing, accidental loss, destruction, or damage, including encryption where appropriate. Unfortunately, the transmission of information via the Internet is not completely secure. We cannot guarantee 100% security of Your data transmitted to Our servers. If You have any questions about how We process information about You, feel free to contact Us via the App under the ‘Talk to Us’ section.

18. YOUR USE OF THE PROGRAMME/APP

When Using the App, You specifically agree not to upload or transmit any Content or engage in any activity that:

18.1 Constitutes an inauthentic or knowingly erroneous rating of Your in-store experience.

18.2 Is illegal, or violates any law or regulation.

18.3 Attempts to impersonate another person or entity.

18.4 Accesses or Uses the profile of another App User without that User’s express permission.

18.5 Interferes with, disrupts, or destroys the functionality or Use of any features of the App or the servers or networks connected to the App.

18.6 ‘Hacks’, or Accesses without permission, Our proprietary or confidential records, or records of another App User.

18.7 Collects, Accesses, or stores personal information about other App Users.

18.8 Is Posted by a bot

19. GENERAL

19.1 There will be times when the availability of the App may be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond Our reasonable control, and We will not be liable for any inconvenience, loss, or damage suffered as a result of such interruptions.

19.2 The App requires Internet Access to function. We are not responsible for any interruption to Your Use of the App due to a lack of Internet connection.

19.3 These Terms will be governed and construed following the laws of the Republic of South Africa, and any disputes between You and Us relating to these Terms will be subject to the jurisdiction of the relevant South African court. If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

19.4 If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it Were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

19.5 Nothing in these Terms is intended to unlawfully limit or restrict any rights or obligations in terms of the Consumer Protection Act, 2009 or the Protection of Personal Information Act, 2013.

20. LEGAL AGE AND CAPACITY

20.1 You may not Access the Sites and may not accept these Terms and Conditions if You lack the legal capacity to enter into a binding contract with Us; are a person barred from Accessing the Sites under the laws of the Republic of South Africa or other countries, including the country in which You are resident or from which You access the Sites.

20.2 By Accessing the Sites and/or the Content, You represent and warrant that You are of full legal age or are emancipated or have Your parent/guardian’s consent to enter into a contract, being these Terms and Conditions.

20.3 We may change aspects of the Sites. You agree that We may add new features and modify or even discontinue existing features without notice to You and at Our sole discretion. You are free to stop Accessing the Sites at any time without notifying Us.

20.4 The content Accessible through the Sites may not be Appropriate for all Users and while We take steps to monitor and remove objectionable Content, it remains solely Your responsibility not to consume inappropriate Content or to prevent underage users from Accessing this Content where it is within Your control to do so.

20.5 The Sites will contain Content that We, You, and other Users create. Some of this Content will be directed to or Appear on Third Party Websites (which may include Social Networks). Your Use of those Third-Party Websites is subject to both these Terms and Conditions and the Terms and Conditions Applicable to those Third-party Websites (which may include the Social Networks’ Terms of Use, and in this regard, the Social Networks’ Terms of Use shall be incorporated herein).

20.6 You agree that it remains Your obligation to familiarise Yourself with the Third-party Websites’ Terms and Conditions (including, where Appropriate, the providers’ terms) and to comply with both them and these Terms and Conditions.

20.7 In the event there is a conflict between these Terms and Conditions and a Third-party Website’s term of Use (including, where appropriate, the Social Networks’ Terms of Use), these Terms and Conditions shall prevail for Your Access to the Sites.

20.8 All annexures, addendums, and amendments to these Terms and Conditions form an integral part of these Terms and Conditions and, therefore, Our contract with You.

21. THE SITES AND REGISTRATION

21.1 We operate the Sites as extensions of Our information, education, and marketing initiatives. Information about the Sites may be found on the Site concerned. You may be required to register on the Sites if You wish to Access the Sites.

21.2 Registration is achieved Using a registration form available on the Sites (where You register with the Social Networks to Access the Branded Sites You grant permission to the Social Networks to pass certain of Your personal information to Us to enable You to Access the Sites). Registration with the Social Networks is subject to the Social Networks’ Terms of Use.

21.3 When You register on the Sites, You may be asked to select a Username and password which You will Use to secure Your account. Once registered, You will be able to log into Your account Using Your Username and Your password or Your relevant account information with Your preferred authentication service.

21.4 To complete the registration process, You may be required to submit information about Yourself and Your preferences to Us (“Registration Data”). The Use of Your Registration Data is dealt with in Our Privacy Policy below, which, for the avoidance of doubt, forms part of these Terms and Conditions.

21.5 You warrant that the Registration Data is accurate, current, and complete (this includes Registration Data We may receive from the providers). You will be denied Access to the Sites should You breach this warranty or subsequently be found to have breached this warranty.

21.6 We may take steps to verify Your Registration Data once You have completed the requisite registration process Using a verification email sent to Your given email address. You agree to this verification process and irrevocably consent to Us gaining Access to relevant information held by third parties (including, but not limited to the Social Networks), which may be required to complete the verification process. You acknowledge and agree that Access to the Sites may be limited until the verification process has been completed.

21.7 Should You not agree to the verification process as contemplated above or withhold Your consent, Your Access to the Sites, generally, may be suspended or terminated and You waive any claims You may have against Us, Barcelos Associates, Our officers, directors, employees, servants, agents, and/or contractors arising out of Our denial of Access to You to the Sites.

21.8 You agree that the security of Your account is solely Your responsibility.

21.9 You further agree that you are responsible for maintaining and promptly updating the Registration Data and any other information You provide Us with, thereby keeping it accurate, current, and complete.

21.10 If You believe that information or Content Posted to the Sites infringes on any person’s rights in any way, You will notify Us immediately.

21.11 If You believe the security of Your registration on the Sites has been compromised in any way, You will notify Us (in the case of This Website) or the relevant provider (in the case of the Branded Sites) immediately.

21.12 You shall be held fully responsible for any misuse or compromise to Your account, which We are not properly notified about.

21.13 If any security violations are believed to have occurred in association with Your account, We reserve the right to suspend Access to Your account pending an investigation and resolution.

21.14 The User warrants that all orders for Goods placed with the Users account are made by the User or with the User’s express consent and that the User will be responsible for the payment of any orders for Goods in respect of the User’s account.

22. SOCIAL TERMS AND CONDITIONS

These Social Terms Apply to all Communications which originate from or reference Barcelos, their affiliates, or subsidiaries. These Terms and Conditions are to be read in conjunction with the General Website Terms and Conditions. Your Communications Access Use and/or consumption is subject to these Social Terms. If You do not agree to be bound by these Social Terms You should not Access, Use, and/or consume the Communications or any other form of communication these Social Terms govern.

23. INTERPRETATION

Below are several terms and phrases which are Used in these Social Terms, and which have specific meanings for these Social Terms:

23.1 ‘Communications’ means messages, notices, documents and/or other materials which are published to or disseminated through the Social Networks.

23.2 ‘Contractors’ means any legal or natural person who is contracted to render services or provide products to Barcelos and who is not an Employee of Barcelos (‘Contractor’ has a corresponding meaning).

23.3 ‘Employees’ means Barcelos Employees (‘Employee’ has a corresponding meaning).

23.4 ‘Barcelos’ means Imperium Franchise Holdings (Proprietary) Limited, a company with limited liability incorporated following the company laws of the Republic of South Africa (registration number 1994/008868/07) and the licensee for the Barcelos trademark, system and system property in Africa.

23.5 ‘Social Networks’ means online social networks, social media generally and similar communication tools including, but not limited to, blogs, Facebook, WhatsApp, Instagram and Twitter.

23.6 ‘Social Terms’ means the terms and conditions set out in this document.

23.7 ‘This Website’ means Barcelos Website located at https://www.barcelosza.local

24. COMMUNICATIONS PURPOSE

24.1 The Communications are intended to provide general information regarding Barcelos, its products, goods, and services, and other information which may be of interest to You.

24.2 The information presented in or through the Communications including all research, opinions, or other Content is not intended to and does not constitute financial, accounting, tax, legal, investment, consulting, or other professional advice or services.

24.3 Barcelos does not act or purport to act in any way as a financial advisor or a fiduciary capacity. Before making any decision or taking any action which might affect Your finances or business You should take Appropriate advice from a suitably qualified professional or financial advisor.

24.4 Communications may include technical, typographical, or other inaccuracies and You are urged to contact Barcelos to confirm all information contained in the Communications before placing any reliance on it.

24.5 Changes are periodically made to the information presented through the Communications and these changes may be incorporated in new Communications.

24.6 Barcelos reserves the right to alter or amend any criteria or information set out in the Communications without notice. If the Communications contain statements or information which relate to projections, plans, or objectives or future economic performance You should be aware that these projections are only predictions, and that actual events or results may differ materially. Representations and opinions are provided for information purposes only.

25. CONFIDENTIALITY

25.1 The Communications may contain information that is confidential, private, or privileged. If You are not the intended recipient of this information (or the intended recipient’s authorised representative) You must:

25.1.1 Notify Barcelos of this fact immediately by email or telephone and delete the Communication from Your system, where Appropriate.

25.1.2 Refrain from storing, printing, copying, forwarding, extracting, or disclosing any information contained in the Communication or any part thereof.

25.1.3 Refrain from reading, storing, Using, selling, or incorporating any information contained in the Communication into any database or mailing list for whatever reason, including for, but not limited to, purposes of spamming or marketing.

25.2 Failure to do so may amount to the unlawful interception of the communication; breach of privilege and/or confidentiality; the infringement of copyright and/or the infringement of the right to privacy, thus potentially exposing You to both criminal and civil liability.

26. AMENDMENTS

26.1 Barcelos reserves its right to amend or replace these Social Terms.

26.2 You agree that You remain solely responsible for reviewing these Social Terms, as amended from time to time, and satisfying Yourself that You remain in agreement with these Social Terms.

26.3 Amendments to the Social Terms will be placed on this Website and a notice will be placed on this Website alerting the consumer to the amendments. If You do not agree to any amendment or replacement of the Social Terms You should not continue to Access, Use, and/or consume the Communications or any other form of communication these Social Terms govern.

27. LIABILITY LIMITATION

27.1 Neither Barcelos, their affiliates or subsidiaries, the Communications’ originator, or any other Barcelos representative shall be liable for any loss, damage, or expense of whatever nature (including without limitation that caused by the corruption or loss of data, damage, to software programs and interruption of business operations) resulting directly or indirectly from the transmission of the Communications (including without limitation any malicious software code or viruses transmitted together with or obtained through the Communications, or any corruption to or loss of data caused or facilitated by the Communications).

27.2 The views and opinions expressed in the Communications do not necessarily reflect Barcelos views and opinions. No employee or contractor is permitted to send (and You agree that Barcelos shall not be liable or responsible for):

27.2.1 Unsolicited commercial messages where recipients of unsolicited email have not specifically opted to receive or, having done so, have indicated their unwillingness to receive further unsolicited email (“spam”).

27.2.2 Messages that infringe any third party’s copyright, trademarks, or other rights and interests (”Infringing Content”).

27.2.3 Messages containing Content that is offensive, derogatory, racist, defamatory, or otherwise unlawful (“Offensive Content”).

27.3 If the Communications constitute spam, contains Infringing Content, or Offensive Content, or was otherwise sent for purposes unrelated to the official business of Barcelos, Barcelos shall not be liable for any loss, damage, or expense of whatever nature, howsoever arising resulting from Your receipt, Use and/or consumption of the Communications.

28. NO CONTRACT

You agree that You may not rely on the Communications, either wholly or in part, as constituting a contract between You and Barcelos (or otherwise has any contractual significance whatsoever) unless Barcelos expressly states, in writing, that the Communications are intended for such purposes.

29. USERS’ CODE OF CONDUCT

29.1 You may not Access the Content or the Sites for or in conjunction with any illegal, unlawful, or immoral purposes or for purposes prohibited by these Terms and Conditions or law.

29.2 You may not frame the Sites in any way whatsoever except as permitted by the Sites’ functionality (details may be found on the Sites concerned) or otherwise without Our prior written permission. Recognising the global nature of the Internet, You agree to comply with all local laws, rules, and regulations regarding Your conduct on the Sites, as Well as the providers’ terms.

29.3 You agree to adhere to generally acceptable Internet and email etiquette. In this regard, without being limited to the examples listed below, You agree not to:

29.3.1 Engage in any abuse of email or spamming, including, without being limited to the Posting or cross-Posting of unsolicited Content with the same or substantially the same message to recipients that did not request to receive such messages; and inviting people who You may be connected to Using Third-party services (including, but not limited to the Social Networks) to Access the Sites where those people may not wish to receive such invitations or similar communications (in other words, make sure Your contacts on other services are receptive to receiving invitations to joining Us and Accessing the Sites or other communications You send them from Us).

29.3.2 Engage in any activity intended to entice, solicit, or otherwise recruit Website Users to join an organisation except where We expressly authorise such activities in writing.

29.3.3 Take any action aimed at deceiving or misleading any person, attempt to impersonate, or misrepresent Your affiliation to any person or forge headers or otherwise manipulate identifiers to disguise the origin of anything posted through the Sites.

29.3.4 Use the Sites to post anything defamatory, discriminatory, obscene, offensive, threatening, abusive, harassing, harmful, hateful, or which carries child pornography, religious, or racial slurs, or threatens or encourages bodily harm or the like, or which may violate any person’s personality rights.

29.3.5 Use the Sites to make fraudulent offers to sell or buy products, items, or services, or to offer or solicit for any type of scam such as ‘pyramid schemes’ and ‘chain letters’.

29.3.6 Use the Sites in a manner that may infringe the Intellectual Property rights (for example copyright or trademarks) or other proprietary rights of others (including, but not limited to the Intellectual Property).

29.3.7 Use the Sites in any manner which could damage, impair, overburden, or disable the Sites or interfere with any other party’s Access to the Sites.

29.3.8 Use the Sites to Post anything which contains viruses or any other destructive features, regardless of whether damage is intended.

29.3.9 Gather email addresses and/or names for commercial, political, charity or like purposes or Use the services to collect or attempt to collect personal information about third parties without their knowledge or consent.

29.3.10 Violate the privacy of any person or attempt to gain unauthorised Access to the Sites or any other network, including (without being limited to) through hacking, password mining, or any other means.

29.3.11 Otherwise Use the Sites to engage in any illegal or unlawful activity

29.4 Should You engage in any one or more of the above practices, which shall be determined in Our sole discretion (and which decision shall be final), then We shall be entitled, without prejudice to any other rights We may have, to:

29.4.1 Without notice, suspend or terminate Your Access to the Sites to the extent Your Access to the Sites is within Our control.

29.4.2 Hold You liable for any costs or damages We incur as a result of Your misconduct.

29.4.3 Notwithstanding Our Privacy Policy referred to below, disclose any information relating to You, whether public or personal, to all persons affected by Your actions

30. LICENCES

30.1 Our licence to You

30.1.1 We grant You a personal, revocable, worldwide, royalty-free, non-commercial, non-transferable, and non-exclusive licence to Access the Content on the Sites.

30.1.2 This licence is for the sole purpose of enabling You to Access the Sites, in the manner permitted by these Terms and Conditions. In the event We revoke this licence, You may no longer Access the Sites or the Content on the Sites.

30.1.3 You may not (and You may not permit anyone else to) copy, modify, create an adaptation of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Sites or any part thereof, unless this is expressly permitted or required by law, or unless We have specifically told You that You may do so, in writing.

30.1.4 Unless We have given You specific written permission to do so, You may not transfer, through an assignment of rights, sub licence or otherwise, Your rights to Use the Sites or otherwise transfer any part of Your rights to Use the Sites.

30.1.5 To the extent that any copying, reproduction, distribution, transmission, display, broadcasting, or publishing of any Content is expressly permitted (such permission to be interpreted in its most restrictive sense) You may do so, provided that all trademarks, trade names and all copyright, ownership, proprietary, and confidentiality notices as are included on the original Content are retained and displayed without alteration or modification and not in any manner obscured or removed.

30.1.6 You acknowledge that You do not acquire any ownership rights or rights of Use in or to any Content by copying, reproducing, distributing, transmitting, displaying, broadcasting, or publishing that Content except where explicitly permitted to do so.

30.1.7 Caching (generally being storage of information/data for later Use or Access) of the Sites shall only be permitted if:

(i) The purpose of caching is to make the onward transmission of the Content from the Sites more efficient;

(ii) The cached Content is not modified in any manner whatsoever;

(iii) The cached Content is updated at least every 12 (twelve) hours;

(iv) The cached Content is removed or updated when We so require.

30.2 Your licence to Us

30.2.1 We do not claim any ownership rights in the Content that You post to the Sites. You retain any rights that You may already have in Your Content when You post Your Content to or otherwise Access the Sites, subject to the limited licence You grant to Us.

30.2.2 By Posting any Content on or through the Sites, You grant Us an irrevocable, non-exclusive, commercial, fully-paid, royalty-free, transferable, and worldwide licence to moderate, Use, modify, delete from, add to, publicly perform, publicly display, reproduce, commercialise, or otherwise distribute such Content on or through the Sites, including without limitation, distributing part, or all of the Sites or Content in any media formats and through any media, partners’ or affiliate channels, and make Use of the Content in Our advertising campaigns.

30.3 The licence You grant to Us means that:

30.3.1 You are free to licence Your Content to anyone else in addition to Us.

30.3.2 We may make commercial Use of Your Content or otherwise commercialise Your Content.

30.3.3 We are not required to pay You for the Use of the Content You Post to the Sites.

30.3.4 We can Use Our affiliates, subcontractors and other partners (such as Internet Content delivery networks and wireless carriers) to grant Access to the Sites.

30.3.5 The licence extends to anywhere in the world because of the global nature of the Internet and the fact that Our Users can Access the Content from anywhere in the world.

30.4 General issues You should be aware of:

30.4.1 Because You can only lawfully licence Content You have certain rights in, You represent and warrant that:

(i) You own the Content You Posted on or through the Sites or otherwise have the right to grant the licence outlined in this section.

(ii) Posting Your Content on or through the Sites does not violate the privacy rights, publicity rights, copyright, contractual rights or any other rights of any person or entity.

(iii) You also agree to pay for all royalties, fees, and any other monies owing to any person or entity because of any Content You Post on or through the Sites.

31. REMARKETING

31.1 Barcelos.co.za Uses all features of Analytics for ‘Display Advertisers’ this allows Us to collect certain information and to provide You with tailored information upon each visit. This includes obtaining specific visitor cookie data, such as the source, medium, and keyword(s) Used to visit this Website. Google Analytics however does not store any visitor specific data and We will not Use visitor specific data in any way related to Analytics, Google AdWords, and Remarketing. Cookies are a common part of many commercial Websites that allow small text files to be sent by a Website, accepted by a Web browser and then placed on Your hard drive as recognition for repeat visits to the Site. Every time You visit this Website, Our servers, through cookies, pixels and/or GIF files, collect basic technical information as described.

31.2 You do not need to enable cookies to visit this Website; however, some parts of this Website and some services may be more difficult or impossible to Use if cookies are disabled. We may also Use cookies on this Website to identify an index key with Our e-cards (online Postcards). The Web servers may also automatically identify Your device by identifiers like IP or MAC addresses. We may Use this information for a variety of business purposes, including to analyse trends, administer this Website, track Users’ and Unique Users’ movements and gather broad demographic information for aggregate Use.

31.3 Barcelos.co.za Uses remarketing with AdWords and Analytics to display Content-specific advertisements to visitors that have previously visited this Website when those visitors go to other Websites that have the Display Network implemented.

31.4 Barcelos.co.za and other third party vendors, including Google, Use first-party cookies (such as the Google Analytics cookie) and third party cookies together to inform, optimise, and serve ads based on visitor’s past visits to Our Website.

31.5 We take Our Users’ privacy very seriously. We feel that certain personal information should always be kept private, so We have developed restrictions around the types of ads where We do not allow remarketing. When creating remarketing lists, We cannot Use any sensitive information about Users. This includes information such as their financial status, sexual orientation, and other sensitive categories. As AdWords advertisers, We are restricted from and will not perform the following actions:

31.5.1 Running ads that collect Personally Identifiable Information including, but not limited to, email addresses, telephone numbers, and credit card numbers.

31.5.2 Creating a remarketing list or creating ad text that specifically targets Users in ways that are outlined as ‘prohibited’ in the categories below.

31.6 Visitors/Users can opt-out of Analytics for Display Advertisers and opt-out of customised Google Display Network ads by visiting the Ad Preferences Manager.

32. CREATION, MIGRATION, AND USE OF REMARKETING LISTS

We must have all rights necessary to create or otherwise obtain Remarketing Lists, migrate Remarketing Lists to, and Use Remarketing Lists or Similar Audience Lists on the Properties. Google will not allow another advertiser to Use Your information in the Remarketing Lists or Similar Audiences Lists without Your consent.

33. SOFTWARE AND EQUIPMENT

It is Your responsibility to acquire and maintain, at Your own expense, the computer hardware, software, communications infrastructure, and Access accounts required to Access the Sites.

34. ECT ACT

Access to the Content on or through this Website and this Website itself are classified as ‘electronic transactions’ in terms of the ECT Act and therefore You have the rights detailed in Chapter VII of the ECT Act and We must disclose the following information:

Our full name: IMPERIUM FRANCHISE HOLDINGS (PTY) LTD

Registration number: 1994/008868/07

Street address: 6 Marconi Nook, Hennopspark, Centurion, Gauteng

Postal address: P.O. Box 8508, Centurion, 0046

Physical address for receipt of legal service: 6 Marconi Nook, Hennopspark, Centurion, Gauteng

Attention: Company Secretary: Mr S.I. Stoltz

Main business: Franchised Restaurants

Website address: Barcelos.co.za

Official email address: shaun@barcelos.co.za

Governing Terms and Conditions: These Terms and Conditions

Manual in terms of the Promotion of Access to Information Act 2 of 2000: Refer to the Access to Information Policy on the Website

Directors: B.S. Vaskys, C.J. van Eyk, K.P. Mazzis, S.I. Stoltz

Costs associated with the Access to and Use of this Website: There are no costs associated with Access to this Website

Dispute resolution: See clause below

Cooling off period: The cooling off rights under section 44 of the ECT Act does not Apply in terms of section 42(c) of the ECT Act as far as the electronic transaction Applies to the supply of foodstuffs, beverages, and other goods intended for everyday consumption supplied to the home, residence, or workplace of the consumer.

35. LIABILITY

Disclaimers and limitation of liability:

35.1 (‘We’ and ‘Us’ in the context of this disclaimer and limitation of liability includes Barcelos, their affiliated companies and subsidiaries). Your Use of and reliance on the Sites is entirely at Your own risk. The Sites are provided ‘as is’.

35.2 Although We take steps to verify information presented on or through the Sites, We do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information contained in, displayed on, linked to, or distributed through the Sites or the Content other Users may publish to the Sites. You acknowledge that any reliance upon any such opinion, advice, statement, or information shall be at Your sole risk. We reserve the right, in Our sole discretion, to correct any errors, or omissions on the Sites without notice to You. Information, ideas, and opinions expressed on or through the Sites should not be regarded as professional advice or Our official opinion and You are strongly advised to seek professional advice before acting on such information.

35.3 To the fullest extent permissible by Applicable law, We disclaim all warranties of any kind, whether express or implied, including without limitation to the implied warranties that the Content published to the Sites (or the Sites themselves, for that matter) is fit for any purpose other than as a reference work in respect of the Content provided on the Sites. Whilst We take reasonable precautions in Our operation of the Sites, You agree that neither We nor Barcelos associates shall be liable in respect of any loss, damage, or damages however arising and whatever the cause, in particular, according to and in furtherance of these terms and conditions, Your Access to the Sites or from Your inability to Access the Sites. We will Use reasonable endeavours to make the Sites available to You and always keep the Sites available to You. However, You agree that We shall not be liable in respect of any loss or damage caused by or arising from the unavailability of, any interruption in or Your Access to the Sites (either in part or as a whole) for any reason whatsoever.

35.4 If We are found to be liable, Our liability to the User or any third party in any circumstances is limited collectively to R1,000.00 (One Thousand Rand).

36. INDEMNITY

You hereby indemnify Us and Barcelos associates from any loss, damages, liability, claim, or demand due to or arising out of Your Use of the Sites or breach by You of these Terms and Conditions. We are not responsible for files and data residing on Your account or for any contributions You may have made to the Sites. You agree to take full responsibility for files and data transferred and Your Content, as Well as to maintain all Appropriate backup of files and data stored on Our servers.

37. RIGHTS INFRINGEMENT

37.1 If You are of the view that Your rights have been infringed through the unlawful Use of the Sites by registrants or third parties, You may address a complaint to Us which satisfies the following requirements and/or contains the following information:

The full names and address of the complainant

The written or electronic signature of the complainant

Identification of the right that has allegedly been infringed

Identification of the material or activity that is claimed to be the subject of unlawful activity

The remedial action required to be taken by the service provider in respect of the complaint

Telephonic and electronic contact details of the complainant

A statement that the complainant is acting in good faith

A statement by the complainant that the information in the takedown notification is to his/her knowledge true and correct

Please either contact Us on the Sites or address Your communications to:

Email address: customercare@barcelos.co.za

Customer Care Line: +27 12 660 0450

37.2 We will investigate the complaint on receipt of a complete and properly formulated complaint notice and will take appropriate action where necessary. Such action may include, but is not limited to, removing the offending Content from the Sites and/or suspension or termination of the offending registrant or third party. We reserve Our rights to take further action should any offensive language or defamatory comments be directed to Barcelos or the Barcelos Associates or the brand in general.

38. DEALINGS WITH THIRD PARTIES

38.1 Links to and from the Sites and to other Websites belonging to or operated by third parties (“Linked Websites”) do not constitute Our endorsement of such Linked Websites or their Contents nor do We necessarily associate Ourselves with their owners or operators. You are solely responsible for identifying and familiarising Yourself with any terms and conditions, which will govern Your relationship with such a third party.

38.2 We have no control over Linked Websites and You agree that We are not responsible or liable for any Content, information, goods, or services available on or through any such Linked Websites or for any damage, damages, or any other loss caused or alleged to be caused by or in connection with Your Use of or reliance on any such Content, information, goods, or services available on or through any such Linked Websites. You agree that where You Access Linked Websites, You do so entirely at Your own risk.

38.3 Your interaction, correspondence, or business dealings with third parties, which are referred to or linked from or to the Sites is similarly entirely at Your own risk and are solely between You and such third party, including the acquisition, disposal, payment, and delivery of any goods or services, and any terms, conditions, warranties, or representations associated with such interaction, correspondence, or business dealings.

39. DISPUTE RESOLUTION

39.1 If any dispute arises between Us and You regarding any provision of these Terms and Conditions, or its application or termination, then We agree that We will attempt to resolve Our dispute informally through cooperation or discussion between the parties directly involved in the dispute within 5 (Five) days after that dispute arises or such extended period as We may agree to with You.

39.2 If We are unable to informally resolve Our dispute, that dispute shall be finally resolved following the Rules of the Association of Arbitrators Southern Africa by an arbitrator Appointed by the Association of Arbitrators South Africa. Arbitration proceedings shall take place in Pretoria.

39.3 To the maximum extent permissible by Applicable law:

39.3.1 This clause shall constitute Your irrevocable consent to the arbitration proceedings, and You shall not be entitled to withdraw Your consent or to claim that You are not bound by this clause. We may, at Our discretion, waive this clause and permit Our dispute to be resolved Using an alternate dispute resolution process;

39.3.2 Any award that may be made by the arbitrator:

(i) Shall be final and binding;

(ii) Will be carried into effect; and

(iii) May be made an order of any court to whose jurisdiction the parties to the dispute are subject.

39.4 Notwithstanding the foregoing, nothing in this clause shall be construed as precluding either party from Applying to the court for a temporary interdict or other relief of an urgent nature, pending the decision of the award of the arbitrator in terms of this clause.

39.5 This clause is severable from the rest of this agreement and shall therefore remain in full force and effect even if this agreement is terminated or cancelled for any reason at any time.

40. GOVERNING LAW AND JURISDICTION

This Website is controlled and maintained from Our Appointed Third-Party facilities in the Gauteng province of the Republic of South Africa. You irrevocably agree that the law of the Republic of South Africa shall govern This Website and these Terms and Conditions. You consent to the jurisdiction of the High Court of the Republic of South Africa, Gauteng Provincial Division held at Pretoria, South Africa, in respect of disputes which may arise out of Your Access to This Website and these Terms and Conditions. To the maximum extent permitted by Applicable law, You also irrevocably and unconditionally consent to the jurisdiction of the Magistrates Court (if We exercise proceedings in such Court) even though the value of a claim which We may have against You may exceed the ordinary monetary jurisdiction of the Magistrates Court.

41. SEVERABILITY

Any provision in these Terms and Conditions which is or may become illegal, invalid, or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be treated as if it Were not written and severed from these Terms and Conditions, without invalidating the remaining provisions of these Terms and Conditions.

42. TERMINATION

If You breach any of these Terms and Conditions, We may immediately, automatically, and without notice to You, terminate Your Access to the Sites, and/or prohibit Your future Access to the Sites, and/or take Appropriate legal action against You (including without limitation, Applying for urgent and/or interim relief or claiming damages), without incurring any liability to You of any nature whatsoever and howsoever arising, and all of Our rights in this regard are expressly reserved.

43. CUSTOMER PRIVACY NOTICE

43.1 This Notice explains how We obtain, Use and disclose Your personal information, in accordance with the requirements of the Protection of Personal Information Act (“POPIA”).

43.2 At Barcelos We are committed to protecting Your privacy and to ensure that Your personal information is collected and Used properly, lawfully and transparently.

43.3 About the Company

Barcelos, including all subsidiaries, divisions and associated companies.

43.4 The information We collect

We collect and process Your personal information mainly for Our franchising business, and this includes marketing, purchasing, recruitment and related services. For this purpose, We will collect personal details including Your name and address.

We collect information directly from You where You voluntarily provide Us with Your personal details. Where possible, We will inform You what information You are required to provide to Us and what information is optional.

43.5 How We Use Your information

We will Use Your personal information only for the purposes for which it was collected and agreed with You. In addition, where necessary Your information may be retained for legal or research purposes.

For example:

To gather contact information;

To confirm and verify Your identity or to verify that You are an authorised User for security purposes;

For the detection and prevention of fraud, crime, money laundering or other malpractice;

To conduct market or customer satisfaction research or for statistical analysis;

For audit and record keeping purposes;

In connection with legal proceedings.

43.6 Disclosure of information

We may disclose Your personal information to Our service providers who are involved in the delivery of products or services to You. We have agreements in place to ensure that they comply with the privacy requirements as required by the Protection of Personal Information Act.

43.7 We may also disclose Your information:

Where We have a duty or a right to disclose in terms of law or industry codes;

Where We believe it is necessary to protect Our rights.

43.8 Information Security

We are legally obliged to take reasonable steps to provide adequate protection for the personal information We hold and to prevent unauthorised Access and Use of personal information. We will, on an on-going basis, continue to review Our security controls and related processes to ensure that Your personal information remains secure, and We will inform You of any breaches in accordance with the Act.

43.9 Our security policies and procedures cover:

Physical security;

Computer and network security;

Access to personal information;

Secure communications;

Security in contracting out activities or functions;

Retention and disposal of information;

Acceptable Usage of personal information;

Governance and regulatory issues;

Monitoring Access and Usage of private information;

Investigating and reacting to security incidents.

43.10 When We contract with third parties, We impose Appropriate security, privacy and confidentiality obligations on them to ensure that personal information that We remain responsible for, is kept secure.

43.11 We will ensure that anyone to whom We pass Your personal information agrees to treat Your information with the same level of protection as We are obliged to.

43.12 Your Rights: Access to information

You have the right to request a copy of the personal information We hold about You. To do this, simply contact Us at the numbers/addresses as provided on Our Website and specify what information You require. We will need a copy of Your ID document to confirm Your identity before providing details of Your personal information.

Please note that any such Access request may be subject to a payment of a legally allowable fee.

43.13 Correction of Your information

You have the right to ask Us to update, correct or delete Your personal information. We will require a copy of Your ID document to confirm Your identity before making changes to personal information We may hold about You. You are required to keep Your personal information accurate.

43.14 Definition of personal information

According to the POPIA ”personal information” means information relating to an identifiable, living, natural person, and where it is Applicable, an identifiable, existing juristic person. Further to the POPIA, personal information also includes the following items:

All addresses including residential, Postal and email addresses.

Change of name – for which We require copies of the marriage certificate or official change of name document issued by the department of home affairs.

43.15 How to contact Us

If You have any queries about this notice; You need further information about Our privacy practices; wish to withdraw consent; exercise preferences or Access or correct Your personal information, please contact Us at the numbers/addresses listed on Our Website or on customercare@barcelos.co.za