Website & Platform Terms of Use

1. Definitions

• “Booking” means a restaurant reservation made through the Website, governed by our Booking Terms.
• “Content” means text, images, video, ratings or other material made available on or through the Website, whether by us, a Restaurant, or a User.
• “Restaurant” means a restaurant or venue that lists offers or accepts bookings through the Website.
• “User”, “you” or “your” means a person who accesses or uses the Website.

2. Acceptance, Changes and Precedence

By accessing or using the Website, you agree to these Terms. If you do not agree, please do not use the Website.

We may amend these Terms from time to time. We will give you notice of a material change by publishing a dated notice on the Website homepage and, where you have a registered account, by email, at least 10 business days before the change takes effect, except where an immediate change is required by law. Each version of these Terms will show a version number and effective date.

If there is a conflict between these Terms and our Booking Terms or the rules of a specific Promotional Competition, the more specific document prevails in respect of that transaction. Our Privacy Policy governs all matters relating to personal information. In all other respects, these Terms apply.

3. Eligibility and Minimum Age

You must be 18 years or older and have full legal capacity to register for an account or make a Booking through the Website. Where a person under 18 uses the Website with the knowledge and consent of a parent or guardian, that parent or guardian is treated as accepting these Terms on the minor's behalf and is responsible for the minor's compliance with them.

4. Use of the Website

Subject to these Terms, you may use the Website for lawful personal purposes. We may modify, suspend or discontinue any part of the Website, subject to applicable South African law.

You are responsible for the devices, software, connectivity and data costs required to access the Website.

5. Registration, Security and Suspension

Where registration is required, you must provide accurate and complete information and keep it up to date. You must keep your login credentials confidential and notify us promptly of any suspected unauthorised access.

We may refuse registration, or suspend or terminate access to your account, where reasonably necessary for security, fraud prevention, preventing unlawful conduct, or addressing a breach of these Terms. Where practicable, we will give you notice and a reason before suspending or terminating your account, and suspension or termination will not, by itself, cancel a Booking you have already confirmed; that is governed by the Booking Terms.

6. Prohibited Conduct

You must not:

• Use the Website for unlawful, fraudulent, abusive, threatening, defamatory, harassing, obscene or otherwise unlawful purposes.
• Attempt to gain unauthorised access to accounts, systems, networks or data.
• Introduce viruses, malware or other harmful code.
• Interfere with the operation or security of the Website.
• Infringe the intellectual property, privacy or other rights of another person.
• Use automated means to scrape, overload or improperly access the Website.

7. Content You Submit

If the Website allows you to submit reviews, ratings, photographs or other content, you grant us a non-exclusive, royalty-free licence to host, display and use that content in connection with operating and promoting the Website. You must own the rights to, or have permission for, anything you submit, and it must not breach clause 6. We may moderate, refuse to publish, or remove content that breaches these Terms, and you can ask us to remove content you submitted by contacting us at [email protected].

8. Intellectual Property

Unless otherwise stated, content, branding, software, graphics and other materials on the Website are owned by or licensed to us and may not be reproduced or commercially exploited without permission.

9. Electronic Communications and Supplier Information

The Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) applies to electronic transactions and communications where applicable. In accordance with section 43 of ECTA, the following information is provided:

• Full name: [TBC: company legal name] (Pty) Ltd
• Legal status: private company incorporated in South Africa, registration number [TBC: registration number]
• Physical address: [TBC: registered/physical address]
• Website: tabledeals.co.za
• Email: [email protected]
• Telephone: [TBC: phone number]
• VAT registration number (if applicable): [TBC: VAT number, or "not yet registered"]
• Membership of self-regulatory or industry bodies (if any): [TBC: industry body details, or "none"]

Electronic communications sent to the contact details you provide will be regarded as validly received in accordance with ECTA.

10. Your Consumer Rights

Nothing in these Terms is intended to exclude or limit a right or protection that cannot lawfully be excluded under the Consumer Protection Act 68 of 2008 (“CPA”) or other applicable South African law. Without limiting this, and by way of summary only, you have rights including: to contract terms that are fair, reasonable and in plain language (CPA sections 22 and 48); and to goods and services of good quality, reasonably suited to their intended purpose, and supplied in a manner and quality reasonably expected (CPA section 54), as further addressed in the Booking Terms. This clause is a summary and does not replace the CPA.

11. Liability

IMPORTANT: PLEASE READ THIS CLAUSE CAREFULLY. IT LIMITS OUR LIABILITY TO YOU.

(a) Role of the Website: we operate a platform that lets you discover restaurants and make Bookings. We are not the supplier of food, beverages or venue services: the Restaurant you book with is solely responsible for those, as set out in the Booking Terms.

(b) To the maximum extent permitted by law, and subject to paragraph (d), we exclude liability for indirect or consequential loss, loss of profit, loss of data, or loss of opportunity arising from your use of the Website.

(c) Subject to paragraph (d), our total liability to you arising from your use of the Website itself (as distinct from a Booking, which is governed by the Booking Terms) is limited to the greater of [TBC: liability cap amount] or any platform fee you paid in connection with the transaction giving rise to the claim.

(d) Nothing in this clause 11 excludes or limits any liability that cannot lawfully be excluded under the CPA, ECTA or other applicable law, including liability for gross negligence, fraud, or death or personal injury caused by our negligence.

(e) When you accept these Terms online, you will be asked to separately acknowledge that you have read this clause 11, so that you have a proper opportunity to consider it before agreeing.

12. Indemnity

You indemnify us against claims, losses or costs arising from your breach of these Terms, unlawful use of the Website, or content you submit, except to the extent caused by our own negligence or breach of these Terms.

13. 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, network or payment-gateway outages, fire, flood, or governmental action, provided the affected party takes reasonable steps to minimise the impact and informs the other party as soon as reasonably possible.

14. Privacy

Personal information is processed in accordance with our Privacy Policy and the Protection of Personal Information Act 4 of 2013 (“POPIA”).

15. Complaints and Dispute Resolution

If you have a complaint, please contact us first at [email protected]. If we cannot resolve it, you may refer a consumer complaint to the National Consumer Commission or, where applicable, an accredited industry ombud, or pursue any remedy available at law, including through the Small Claims Court, Magistrates' Court or High Court, as appropriate to the value and nature of the claim. Complaints about our processing of personal information may be directed to our Information Officer and, if unresolved, to the Information Regulator (see our Privacy Policy for contact details).

16. Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of South Africa. Subject to any mandatory consumer rights, disputes will be dealt with by a South African court of appropriate jurisdiction.

17. General

These Terms, together with the Booking Terms, Privacy Policy and any applicable Promotional Competition Rules, constitute the entire agreement between us relating to their subject matter. If any provision of these Terms is found unenforceable, the remaining provisions continue in force. You may not cede or assign your rights under these Terms without our consent; we may do so on reasonable notice to you. These Terms are in English, which prevails over any translation.

18. Contact

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