Terms and Conditions
For Simbisa’s online and app services
1.1. By installing, accessing or using any websites, mobile apps, email newsletters and subscriptions, and other digital properties (altogether referred to as the ‘Online Platforms’ or ‘Platforms’) on which these Terms and Conditions (the ‘Terms’) are posted or referenced, You (the ‘Customer’, ‘Your’ or ‘you’) agree that You accept these Terms and Conditions, as amended from time to time by Simbisa (‘we’, ‘us’ or ‘our’), from time to time, in relation to its selected Products which delivery services are provided for and who controls and operates the Online Platforms.
1.2. The Online Platforms may contain links to other websites or apps which are owned and operated by third parties. Such links are provided as a convenience to You and which are left to Your discretion to use in accordance with the third parties rights of use. The inclusion of such links on its Online Platforms should not be considered an endorsement by Simbisa.
1.3. By accepting these Terms, You also understand and consent to Simbisa collecting Your data for the following purposes:
1.3.1. Fulfilling Your requests/orders and processing payments;
1.3.2. Informing You about our products, services, competitions, offers, promotions or special events (if You give us permission to do so);
1.3.3. To maintain, manage and/or improve our products and services; and/or
1.3.4. To comply with any applicable law.
1.4. To use the Services one must be at least sixteen (16) years of age.
1.5. To use the Platforms You may be asked to supply personal details including, but not limited to Your name, phone number, and address, to create Your Account. You must treat such information as confidential and You must not disclose it to any third party as You are liable for any acts arising out of use of the Account.
1.5.1. We have the right to disable Your Account at any time, if in our reasonable opinion, You have failed to comply with any of the provisions of the these Terms and any others related to the Platforms.
1.5.2. If You know or suspect that anyone other than You know your Account login details, You must immediately change Your password.
2.1.1. These terms and conditions apply to all orders for the supply of Simbisa Products to You. An order is deemed to be complete when:
i) an offer is made You to buy a Product(s);
ii) You make payment through the designated payment methods; and
iii) this is accepted by Simbisa through a pop-up message or any other means which Simbisa introduces from time to time.
2.1.2. Ordering of regulated products including, but not limited to, alcohol are subject to the law and Simbisa may be required to refuse to serve that product in certain situations, even if the order has been accepted by Simbisa. In such an event Simbisa will refund the payment made for the product(s) within a reasonable period. Further, when You purchase items such as alcohol You are warranting that You are of legal age to purchase them and Simbisa may ask for acceptable ID to confirm Your age (ID, Driver’s License or Passport); should Simbisa have any doubt about Your age it may cancel the order relating to the regulated product.
2.1.3. Once an Order has been made it cannot be cancelled by the Customer.
All products are supplied subject to availability. Should an order have been accepted in terms of clause 2.1.1 and the Product(s) are not available, Simbisa will issue a refund within a reasonable period.
2.3.1. Costs for food and beverages indicated on Simbisa’s Platforms are inclusive of all taxes and/or surcharges. Should there be a difference between the prices on the platforms and what is actually charged please contact the designated Simbisa person for assistance (currently email@example.com).
2.3.2. Minimum or maximum spend restrictions may apply when ordering.
2.4.1. We endeavour to provide information on any allergens that the Products may contain on our Platforms and/or menus, but please note that:
2.4.2. because all Products are cooked to order in the same kitchen we cannot guarantee and we make no warranty that the Products will not contain any allergens;
2.4.3. the kitchen is a busy working environment and there is a risk of cross-contamination between ingredients;
2.4.4. Our Products are freshly prepared and although we try our best to be consistent at times the size of the portions can vary.
2.5.1. Delivery Orders
220.127.116.11. Delivery times are estimates and the actual delivery time may vary from this estimate. You also must note that You cannot change your delivery address after You have submitted Your Order.
18.104.22.168. If, during delivery of an Order, You or Your authorised representative as specified in Your Order (as appropriate) fails to take delivery of the Products within ten (10) minutes of the delivery driver's arrival and offering You delivery of the Order (other than due to our material breach of the Online Terms and Conditions), the delivery shall be aborted and You will not receive a refund for Your Order.
Depending on which outlet You are dealing with, Your contract may be with one owned by a Simbisa or a Simbisa Franchisee.
4.1. Simbisa Warranty
4.1.1. Simbisa will take reasonable care in ensuring that all information provided on the Online Services is accurate.
4.1.2. Simbisa does not warrant that:
i) the Products remain available;
ii) access to any or all Online Platforms will be continuous and uninterrupted; and/or
iii) Any or all of the Online Platforms will be secure and free from hackers, viruses, Trojans, worm attacks or any other form of unauthorised access by any person or program.
4.2. Simbisa Liability
4.2.1. To the fullest extent permitted by Law, Simbisa excludes all liability arising:
22.214.171.124. out of the supply and/or deliver of its Products including any loss or damage arising directly or indirectly in connection with the delay in preparation of the food or time of delivery;
126.96.36.199. from any circumstances over which Simbisa has no control over and which it could not avoid even with any reasonable care; or
188.8.131.52. any indirect or unforeseeable loss suffered or incurred by You.
In any event, Simbisa’s liability to You will not exceed the total price charged for the Products.
4.2.2. Nothing in these Terms and Conditions excludes or limits our liability under any applicable law or common law for:
i) death or personal injury caused by our negligence;
ii) fraud or fraudulent misrepresentation; and
iii) any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
4.2.3. In spite of clause 184.108.40.206., and subject to clause 4.2.2 i) to iii), Simbisa’s maximum liability to you will not exceed the total price charged for the Products in that order.
4.3. Your Warranties
4.3.1. You warrant or guarantee that the personal and/or payment information:
220.127.116.11. You provide to Simbisa is Your own and/or is information You are authorised to provide;
18.104.22.168. is not misleading or deceptive by inclusion or omission;
22.214.171.124. does not infringe on the rights of another person, including any intellectual property;
126.96.36.199. Will not give rise to any claims or liability against Simbisa.
4.3.2. You will not use the Online Platforms or their content for any purpose that is unlawful or prohibited by these terms.
4.3.3. You will not use the rent, sell, sub-license, loan, merge, adapt, assign the Online Platforms wholly or in part or to combine them with any other programs or services.
4.3.4. You will not disassemble, decompile, reverse engineer, copy or create any derivative works based on the Online Services.
4.4. Your Liability
You agree to hold Simbisa, its licensees, franchisees, employees and agents harmless from any loss, liability, claim, demand, damages and costs arising out of or in connection with:
4.4.1. Your breach of these terms and conditions; and/or
4.4.2. Any wilful, unlawful or negligent act or omission by You.
5.1. Simbisa does not guarantee the accuracy or completeness of any information provided on the Online Services. You should consider the information to be provided ‘as is’ and without warranty (express or implied).
5.2. Simbisa does not warrant that the information or Online Services is suitable for your intended purposes.
6.1. Simbisa may take down one or more of its Online Platforms from time to time for maintenance. When this is necessary Simbisa will endeavour to do so at times which cause minimal disruption to You.
6.2. Simbisa assumes no responsibility for any interruption, defect, delay in operation or transmission, technical malfunction and/or any other problem relating to or resulting from any or all of the Online Platforms being offline or unavailable.
7.1. Any and all rights in the Online Platforms, including their content (which includes, but not limited to logos, images, graphics, trademarks, and/or look and feel) shall remain the property of Simbisa as the Licensor and which are licensed to You.
7.2. Subject to these terms and conditions Simbisa grants You a non-exclusive, non-transferable and revocable license to use the Online Platforms for Your own personal purposes in line with these terms and conditions.
Simbisa may, at its discretion, suspend limit or terminate your access to the Online Platforms, should:
8.1. You breach any of these terms and conditions;
8.2. Simbisa believe that any or all of the Online Platforms may be at risk of loss or damage to Simbisa or any other person;
8.3. Simbisa be required by law to do so;
8.4. There be any other reasonable grounds for Simbisa to do so.
9.1. Assignment of rights. Simbisa may transfer its rights and obligations under these Terms to another entity, which will not affect Your rights. You may only transfer your rights or obligations under these terms to another person if Simbisa agrees in writing.
9.2. No Partnership. You agree that your compliance with these terms does not constitute a partnership or other commercial arrangement between You and Simbisa.
9.3. Waiver. Any failure or delay by Simbisa in exercising its rights in relation to Your breach of these terms and conditions is not a waiver of those rights.
9.4. Severability. If any of these terms are invalid, illegal or unenforceable they will be struck out and Simbisa will replace it with a compliant provision if need be, while the other terms capable of separate enforcement remain valid.
9.5. Law. These Terms and Conditions shall be governed in accordance with the laws of Zimbabwe, with the Magistrates Court having exclusive jurisdiction.
9.6. Changes to the Terms. Simbisa may make changes to the Terms from time to time provided that the Online Terms and Conditions applicable at the time of your Order will apply to that Order. Please check the Terms regularly to ensure that you understand what is applicable at the time that you access and use the Platforms.
9.7. Entire Agreement. These Terms and Conditions represent the entire agreement between You and Simbisa.