Restaurant Partner Terms of Trade

1. Definitions

• “Booking” means a reservation made by a Diner through the Website at the Restaurant.
• “Offer” means the discount, special or other benefit the Restaurant makes available to Diners who book through the Website.
• “Special Conditions” means any restrictions on the Offer disclosed by the Restaurant and shown to the Diner before a Booking is confirmed (for example, excluded menu items, minimum spend, or surcharges).
• “Confidential Information” means non-public information disclosed by one party to the other in connection with this partnership, including commercial terms and Diner information.

2. Nature of the Relationship

This is a non-exclusive commercial arrangement. Nothing in these Partner Terms creates a partnership, joint venture, agency or employment relationship between us. The Restaurant remains solely responsible for operating its business, employing and managing its own staff, and complying with all laws applicable to that business, independently of Table Deals.

3. Restaurant Obligations

• Honour every confirmed Booking presented by a Diner (digitally or printed) at the stated time, subject to the Booking Terms.
• Keep menu, pricing, operating hours, seating information and any Special Conditions listed on the Website accurate and up to date.
• Give as much notice as possible, through the partner dashboard, of any dates the Restaurant cannot accept Bookings (for example, private functions, closures or public holidays); we ask for at least 15 days where practicable, though the Website does not currently enforce a minimum.
• Hold and maintain all licences, permits and registrations required to operate, including any applicable health, trading and liquor licences.
• Comply with the Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972 and other applicable food-safety and hygiene legislation.
• Ensure any description of the Restaurant, its menu or its Offer is not false, misleading or deceptive, as required by section 41 of the Consumer Protection Act 68 of 2008 (“CPA”).
• Not refuse a Booking or refuse service to a Diner on a ground that would amount to unfair discrimination under the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000.
• Not apply a surcharge, restriction or condition to a Booking that was not disclosed as a Special Condition before the Diner completed the Booking.

4. Offers and Special Conditions

The Restaurant sets its own Offer (for example, the applicable discount and the range of party sizes it applies to) and any Special Conditions, and is responsible for ensuring these are accurately reflected on the Website. Once disclosed to a Diner and included in a Booking confirmation, the Offer and any Special Conditions are binding on the Restaurant for that Booking.

The price of any menu item or set menu offered to Diners under the Offer must not be increased above the Restaurant's ordinary price in a way designed to offset or defeat the discount.

5. Cancellations, No-Shows and Refunds

Where the Restaurant is unable to honour a confirmed Booking for a reason attributable to the Restaurant, the Booking Terms entitle the affected Diner to an alternative booking or a refund of their booking fee. Listing is currently free and we do not collect or hold any funds on the Restaurant's behalf, so there is no automatic way for us to deduct that refunded amount from the Restaurant today. Where a refund is caused by the Restaurant's failure to honour a Booking, we will raise it directly with the Restaurant and agree a separate arrangement to recover that cost, rather than it happening automatically.

Where a Diner cancels or does not arrive, clause 6 of the Booking Terms (reasonable cancellation fees, and the death/hospitalisation exception under section 17(5) of the CPA) applies, and the Restaurant agrees to apply it consistently rather than impose its own separate cancellation terms on Diners booking through the Website.

6. Fees and Payment

Listing on the Website and accepting Bookings is currently free. We do not charge the Restaurant any commission, listing fee or platform fee, and we do not collect, hold or remit any part of the Restaurant's food bill on its behalf, that is settled directly between the Restaurant and the Diner at the venue. The only payment made through the Website is the Diner's booking fee, which is paid to and retained by Table Deals to cover the cost of operating the booking service.

If this changes in the future (for example, if we introduce a commission or subscription fee), we will tell the Restaurant in advance and any new fees will only apply from the date agreed with the Restaurant.

7. Food Safety, Allergens and Liability Allocation

As between the parties, the Restaurant is the supplier of the food and beverages served to Diners and is solely responsible for their quality, safety and suitability, including compliance with the Foodstuffs, Cosmetics and Disinfectants Act and the applicable provisions of the CPA.

The Restaurant indemnifies Table Deals against claims, losses, regulatory fines or costs arising from food safety, hygiene, allergens, service quality, or any other aspect of the dining experience at the Restaurant's venue, except to the extent a claim arises from Table Deals's own negligence, for example materially misrepresenting information the Restaurant itself provided.

The Restaurant must maintain public liability insurance appropriate to its business and provide reasonable evidence of cover on request.

8. Use of Diner Information

Diner information shared with the Restaurant through a Booking, including name, contact details, party size, and any dietary or allergy information, is provided solely to enable the Restaurant to prepare for and deliver that Booking. In relation to that information, the Restaurant is an independent responsible party under the Protection of Personal Information Act 4 of 2013 (“POPIA”) for its own subsequent processing, and agrees to:

• use it only for the operational purpose of preparing for and delivering the relevant Booking, including reasonable follow-up specific to that visit;
• not use it for direct marketing or any other unrelated purpose without the Diner's own separate, explicit consent, obtained directly by the Restaurant;
• implement reasonable technical and organisational security measures to protect it;
• not further disclose it to a third party except as necessary to fulfil the Booking or as required by law;
• notify Table Deals without undue delay if it becomes aware of unauthorised access to, or loss of, Diner information, so that we can meet our own notification obligations under section 22 of POPIA; and
• reasonably assist Table Deals and Diners with any access, correction or deletion request relating to information the Restaurant received through a Booking.

Allergy, dietary or other health-related information passed on through a Booking is special personal information under section 26 of POPIA. The Restaurant may use it only to accommodate that Diner's request for that specific Booking, and must not retain it for any other purpose or combine it with other records to build a profile of the Diner, without the Diner's explicit consent.

9. Branding, Content and Marketing

The Restaurant grants Table Deals a non-exclusive, royalty-free licence to use the Restaurant's name, logo, menu content and photographs it supplies (or that are sourced with its consent) to list, promote and market the Restaurant on the Website and in related marketing, for the duration of this partnership. The Restaurant warrants that it owns, or has the necessary rights to, any content it supplies.

Where Table Deals runs a promotional competition and the Restaurant supplies or agrees to supply the prize, the Restaurant agrees to honour the prize as described in the competition post and, where applicable, to the eligibility exclusions set out in our Promotional Competition Rules for suppliers connected with a competition.

10. Confidentiality

Each party will keep the other's Confidential Information confidential and use it only for the purposes of this partnership, except where disclosure is required by law or with the other party's consent.

11. Term and Termination

These Partner Terms commence when the Restaurant accepts them (including by signing up or listing an Offer) and continue until terminated.

Either party may terminate this arrangement on 30 days' written notice to the other.

We may suspend or terminate immediately, on notice, where the Restaurant repeatedly fails to honour confirmed Bookings for reasons within its control, breaches applicable food-safety, licensing or consumer-protection law, engages in fraud or misrepresentation, or otherwise brings Table Deals or the Website into disrepute. Today this is a decision made and actioned by us directly, not something the Website detects or triggers automatically.

Termination does not affect a Booking already confirmed before the effective date of termination, that Booking must still be honoured, nor any payment obligation that accrued before termination.

12. Force Majeure

Neither party is liable for a delay or failure to perform caused by circumstances beyond that party's reasonable control, including load-shedding, fire, flood, an occupational health and safety closure, or governmental action, provided the affected party gives notice as soon as reasonably possible and takes reasonable steps to minimise the impact on Diners and the other party.

13. Liability

To the maximum extent permitted by law, our total liability to the Restaurant arising from these Partner Terms is limited to [TBC: liability cap amount], except for liability that cannot lawfully be excluded, or liability arising from our gross negligence or fraud. Nothing in this clause limits the Restaurant's obligations to us under the indemnities in clause 7.

14. Relationship with the Consumer Documents

The Restaurant confirms it has read the Website Terms, Booking Terms and Privacy Policy, and agrees to conduct itself consistently with the obligations those documents place on restaurants, including in relation to cancellations and refunds, non-discrimination, and the handling of allergy and dietary information. If there is a conflict between these Partner Terms and the Consumer Documents on a matter affecting a Diner, the Consumer Documents prevail to the extent necessary to protect the Diner's rights.

15. General

Neither party may cede or assign its rights under these Partner Terms without the other's consent, except that Table Deals may do so on reasonable notice in connection with a restructuring, merger or sale of its business. These Partner Terms, together with the sign-up form referred to in clause 3, constitute the entire agreement between the parties on this subject. If any provision is found unenforceable, the remaining provisions continue in force. Notices must be given in writing to the addresses or email addresses on file. These Partner Terms are in English, which prevails over any translation.

16. Governing Law and Dispute Resolution

These Partner Terms are governed by the laws of the Republic of South Africa. The parties will attempt to resolve any dispute arising from these Partner Terms amicably before resorting to litigation, and any dispute not resolved in this way will be dealt with by a South African court of appropriate jurisdiction.

17. Contact

[TBC: company legal name] (Pty) Ltd
[TBC: registered address]
[email protected]
[TBC: phone number]