Terms and Conditions
HOLLYWOOD SPORTSBOOK HOLDINGS PROPRIETARY LIMITED
(“Hollywood Bunny Bar”)
The following is the terms and conditions between Hollywood Sportsbook KwaZulu Natal (Pty) Ltd (registration number: 2008/009721/07) trading as Hollywood Bunny Bar and you (“you”).
These terms and conditions (“Terms and Conditions”) govern the ordering, sale, delivery and the use of the online ordering website. These Terms and Conditions are binding and enforceable against every person that accesses or uses the website (“you”, “your” or “user”). By using the website, you acknowledge that you have read and agree to be bound by these Terms and Conditions. You must not use the website, Whatsapp line or Telephone Service if you do not agree to the Terms and Conditions.
PART A: GENERAL
The purpose of this website is to enable users to order and purchase food, beverages and other items (the “Food”) from any of the Hollywood Bunny Bars available and listed
The online ordering website is compatible and accessible through all browsers and electronic devices.
The online ordering system is owned and operated by Hollywood Sportsbook KwaZulu Natal (Pty) Ltd ( “Hollywood Bunny Bar”, “we”, “us” and “our”).
In addition to these Terms and Conditions the reader is encouraged to visit Hollywood Bunny Bar Customer Privacy Notice in terms of the Protection of Personal Information Act, 2013 (POPI). The Privacy Notice can be found on our Hollywood Bunny Bar website and contain guidance on what your personal information is collected for, under what circumstances Hollywood Bunny Bar may use that information, what safeguard measures Hollywood Bunny Bar has in place to protect your personal information, how to engage with Hollywood Bunny Bar to have your information updated or deleted and related guidance on the protection of your personal information.
- Consumer Protection
These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act 2008 (the “CPA”).
Your use of this website means you acknowledge that your use of promotional and other advertising material may be used or provided for the benefit of consumers as defined in the Consumer Protection Act, 2008 (“CPA”). You agree to comply with all applicable obligations under the CPA to this extent. You hereby indemnify us against any losses arising from your failure to comply with this clause and your obligations under the CPA
3.1. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
3.1.1 May limit the risk or liability of Hollywood Bunny Bar or a third party; and/or
3.1.2. May create risk or liability for the user; and/or
3.1.3. May compel the user to indemnify Hollywood Bunny Bar or a third party; and/or
3.1.4. Serve as an acknowledgement, by the user, of a fact.
- Important Notice
Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Hollywood Sportsbook Bunny bar to explain it to you before you accept the Terms and Conditions by continuing to use the website.
Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or HollywoodBunny Bar in terms of the CPA.
Please select any of the below links in order to view detailed information and the relevant terms and conditions applicable to the chosen:- , as follows:
PART A – GENERAL
Part B – Orders and Sales
Part D – General Legal Terms
Part A – Orders & Sales
- Placing your order
5.1. You may order Food via the website and in order to process your order you will be required to indicate your address and further contact details. You will only be allowed to order Food between 9am – 5pm from Monday to Sudnay.Your address must fall within the prescribed area (as determined by Hollywood Bunny Bar from time to time). The delivery radius has been set at 20km from the Hollywood Bunny Bar, Springfield Park.
5.2. Where you have ordered using the website, you will receive your Food by means of delivery and the delivery fee will be charged upon placing the order as specified in clause 10. The delivery service does not make use of any third party delivery services (Uber Eats, Mr D Food) and is our own.
5.3. We will indicate on the relevant product and checkout pages in the website which Food items are for sale. You can only order Food from one specified location at a time, in each order that you place.
5.4. You can only place orders for Food from a Bunny Bar provided that it is open for business and active on the website. We may at any time suspend or terminate the availability of a Bunny Bar, menu or menu item on the website, in our sole discretion and without prior notice.
5.5. You acknowledge that, notwithstanding that the Food may be ordered via the website, you place such order with the relevant Hollywood Bunny Bar. The sale of Food (formed on acceptance of an order, as set out in clause 8.2) is solely between the registered user and the relevant Hollywood Bunny Bar. Any claims the registered user may have in respect of the Food shall be against the relevant Hollywood Bunny Bar.
5.6. Because we want you to have a safe and consistent experience, Hollywood Bunny Bar will be your first point of contact for any complaints arising out of or in connection with the sale of Food between a registered user and a Hollywood Bunny Bar. Such complaints can be directed to HWHelpli[email protected] or call our customer care line 087 353 7634
5.7. Hollywood Bunny Bar may not sell liquor or tobacco products to you if you are under the age of 18 (regardless of any supervision by a parent or guardian). You may be requested to provide proof of your age before receiving any liquor or tobacco products ordered. The Courier Delivery or Self-collection of any liquor or tobacco products may be refused and you will be held liable for all charges relating to such order, should you fail to provide adequate proof that you are 18 years of age or older, or if you appear to be under the influence of drugs or alcohol at the time of delivery or collection of such products.
5.8. All alcohol promotions are limited to whilst stocks and is available for the duration (takeaway or delivery) as stipulated by the government in accordance to new trading times during Covid-19.
- Use of the Website
Anyone with access to the internet can and may order Food via the website.
You agree that Hollywood Bunny Bar may call you to confirm your personal details, order information and amount owed. For security purposes you agree to enter your correct details whenever ordering Food via the website, failing which we will not process your order.
- Conclusion of Sales and availability of Food
7.1. Users may place orders for Food, which a Hollywood Bunny Bar may accept or reject. The placing of an order will happen when payment is made by any of the acceptable payment methods in and is confirmed on the website. Whether or not the Hollywood Bunny Bar accepts an order depends on various factors, including but not limited to, the availability of Food, capacity for Delivery, correctness of the information relating to the Food (such as the price) and receipt of payment or payment authorisation (if applicable) by Hollywood Bunny Bar for the Food.
7.2. Hollywood Bunny Bar will indicate the acceptance of your order by way of notification on the website or email (“Acceptance Notice”), and only at that point will agreements of sale (the “Sale”) come into effect between you and the Hollywood Bunny Bar in respect of the Food and delivery.
7.3. The above is regardless of any earlier communication from the Hollywood Bunny Bar stating that your order or payment has been confirmed. Hollywood Bunny Bar will indicate the rejection of your order by cancelling it, notifying you thereof and, as soon as possible thereafter, refunding you for any amount already paid.
7.4. Prior to the Food being delivered to your nominated address, we may reject an order or cancel a Sale at any time due to the following:
(i) Hollywood Bunny Bar being unable to fulfil the order;
(ii) Delivery services not being readily available (if applicable); and/or
(iii) any other reason in Hollywood Bunny Bar’s sole discretion.
7.5. Should you wish to retract your order, you should contact Hollywood Bunny Bar via telephone immediately, and we will use our reasonable endeavours to effect such retraction. You will not be able to retract your order via the website, or after an Acceptance Notice has been generated. You will not be able to change your order after placing it, but may be able to retract it (subject to the above), and place a new one.
7.6. Placing Food in your shopping basket on the website without completing the purchase cycle does not constitute an order for Food, and as such, Food may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Hollywood Bunny Bar liable if such Food is not available or is not available at a particular price when you complete or attempt to complete the purchase cycle at a later stage.
7.7. You acknowledge that stock of all Food on offer may be limited and the Hollywood Bunny Bar will take reasonable efforts to ensure that when Food is no longer available, offers thereof are discontinued on the website. Wecannot guarantee the availability of Food however,when Food is no longer available after you have placed an order, Hollywood Bunny Bar will notify you thereof and reject your order or cancel the Sale, in which event you will be entitled to a refund of the amount paid by you for such order.
7.8. You also acknowledge that the pricing of Food may change at any time without notice to you, but no price change will affect any Food ordered in respect of which you have received an Acceptance Notice, except in the case of an obvious pricing error. In the event of an obvious pricing error, we may reject your order or cancel the Sale at any time and you will be entitled to a refund of the amount paid by you for such order.
7.9. Any dispute regarding inaccurate information relating to a Hollywood Bunny Bar, Food pricing errors or sold-out Food should be resolved between you and the relevant Hollywood Bunny Bar; your respective rights and obligations being as set out in these Terms and Conditions.
7.10. It is your responsibility to establish from the relevant Hollywood Bunny Bar which ingredients will be used when preparing the Food and make the necessary arrangements with such Restaurant to exclude any ingredients if you have any allergies or special requirements (unless such exclusions can be made by you on the website). We cannot and do not guarantee that the Food will be free of allergens and we disclaim any liability relating to any ingredients or allergens contained in Food.
By using the website you warrant that you are 18 years of age or older and of full legal capacity. If you are under the age of 18 or if you are not legally permitted to enter into a binding agreement, then you may use the website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then he/she agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
- Conclusion of Sales and availability of Food
9.1. For each order, you will be charged:
- The total Food price by the relevant Hollywood Bunny Bar; ii. The relevant delivery fee applicable.
where such charges are as reflected on the website at the time you place the order (together, the “order charges”).
9.2. If specifically requested by you, Hollywood Bunny Bar will provide you with a valid invoice for any fees charged by it. The invoice will be sent to you by email or physically upon delivery in the form of a tax receipt and will also reflect the price of the purchased Food as a line item. Please contact the relevant Hollywood Bunny Bar directly if you require a valid invoice in respect of the purchased Food.
10.1. Hollywood Bunny Bar will receive payment of all order charges and deliveries.
10.2. Payment for your order can be made in one of the following ways (only one payment method may be used to settle the amount due and not a combination of payment methods):
10.2.1. Credit Card Payments: credit card may only be made when an order is placed via the website. Where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. You will be redirected to the secure site of our payment gateway, which is not owned by Hollywood Bunny Bar or under Hollywood Bunny Bar control, and for which you acknowledge Hollywood Bunny Bar is not responsible in law. Such payment gateway is however committed to upholding strict security standards, and at no stage will Hollywood Bunny Bar store your credit card details (save for the last four digits for payment purposes). We are entitled to withhold processing the order until such time as 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 Food will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the order charges. You also warrant that your credit card has sufficient available funds to cover all the order charges;
10.2.2. Cash on delivery: Cash payments may only be made to Hollywood Bunny Bar or its nominee upon receipt of the Food by means of Delivery (not Self-collection). By selecting this option, you undertake to ensure that you have sufficient cash on hand at the time of delivery to cover the order charges;
10.2.3. Instant EFT: Where payment is made by EFT, we may require additional information in order to authorise and/or verify the validity of your payment. You will be redirected to the secure site of our payment gateway, which is not owned by Hollywood Bunny Bar or under Hollywood Bunny Bar control, and for which you acknowledge Hollywood Bunny Bar is not responsible in law. Such payment gateway is however committed to upholding strict security standards, and at no stage will the Hollywood Bunny Bar store your banking details. We are entitled to withhold processing the order until such time as the relevant information is received by us and authorisation is obtained by us for the transaction. If we do not receive authorisation, your order for the Food will be cancelled. You warrant that you are fully authorised to use the bank details supplied for purposes of paying the order charges. You also warrant that your bank account has sufficient available funds to cover all the order charges;
10.2.4. Zapper may be used to pay for an order but only on delivery.
10.3. If you have a promotional coupon or discount (“Coupon”) that you wish to use with your order, you may only do so via the website. Please see clause 12 for more information about Coupons.
- Delivery of Food
11.1. If you order Food for Delivery (i) you are required to indicate the physical address to which the Food should be delivered (“Delivery Address”); (ii) you are not allowed to change the Delivery Address after submitting your order; and (iii) you will only be allowed to order Food from Hollywood Bunny Bar within the prescribed range (as determined by Hollywood Bunny Bar) from your Delivery Address.
11.2. Where you have requested the Food to be delivered to you by way of Delivery and you have received an Acceptance Notice:
11.2.1. The driver will endeavour to deliver the Food to you by the estimated delivery time specified in the Acceptance Notice, however, delivery times are not guaranteed and may be adjusted by us in our reasonable discretion. Events outside of the drivers control such as traffic, inclement weather conditions and delays by the Hollywood Bunny Bar in relation to your order may result in a delay of the delivery of the Food. The driver will continue with its efforts to deliver the Food to you as soon as possible in the circumstances; and
11.2.2. Our obligation to deliver the Food is fulfilled when the driver delivers the Food to the Delivery Address. The driver is only responsible for the delivery of the Food to the Delivery Address. If the driver arrives at the Delivery Address and you fail to open the door or respond to his/her telephone calls within 10 minutes, the driver may leave the premises, taking the Food with them, and you will remain liable for payment of all order charges. If you are not able to be present at the Delivery Address to accept delivery of the Food, it is your responsibility to arrange for someone else to accept the delivery at such address and pay for the order on your behalf if payment has not yet been made. Hollywood Bunny Bar is responsible for any loss or unauthorised consumption of Food, after the driver has delivered the Food to the Delivery Address.
11.3. Where you have ordered Food for Self-collection from the Hollywood Bunny Bar and you have received an Acceptance Notice:
11.3.1. y\You or your nominee should display a copy of the Acceptance Notice to Hollywood Bunny Bar upon collection of the food; and
11.3.2. Hollywood Bunny Bar is responsible for making the Food available for collection by you or your nominee at its premises, at the estimated collection time set out in the Acceptance Notice. If you or your nominee fails to collect the Food or respond to our or the Restaurant’s telephone calls, within 60 minutes after the estimated collection time, the Restaurant may dispose of the Food in any manner which it deems fit and you will remain liable for payment of the Food. Any dispute regarding Hollywood Bunny Bar failing to make the Food available at the collection time or within 60 minutes thereafter, should be resolved between you and the relevant Hollywood Bunny Bar; your respective rights and obligations being as set out in these Terms and Conditions.
For more information about delivery, please see our FAQ section on our website.
We shall take all reasonable efforts to accurately reflect or inform you of the Food description, availability, purchase price and Delivery service charges via the website. However, should there be any errors of whatsoever nature on the website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to an order or Sale based on any error, the rejection of an order or the cancellation of a Sale, save to the extent of refunding you for any amount already paid.
13.1. We want you to be happy with your purchase. Please let us know by telephone or email as soon as possible if there is a problem with your Food quality and/or temperature, if you receive the wrong Food or if you receive Food which is not as described on the website.
13.2. Save where we determine in our sole discretion that the cause for the complaint was due to the fault of Hollywood Bunny Bar, we will communicate your complaint to the relevant Hollywood Bunny Bar, and thereafter the matter will need to be resolved by the parties to the sale of Food, being you and Hollywood Bunny Bar
14.1. Hollywood Bunny Bar may from time to time make Coupons available for use on the website towards the purchase of Food. Coupons can only be redeemed while they are valid and their expiry dates cannot be extended.
14.2. Coupons are issued in Hollywood Bunny Bar’s sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason. Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
14.3. Unless otherwise stated under the specific terms and conditions regulating the Coupon:
- Each coupon can only be used once;
- Only one coupon can be used per order;
iii. Only one coupon can be used per person per promotion/campaign on the App;
- A coupon must be used at check-out – it cannot be used later on existing orders;
- Coupons with a percentage discount offer may only be redeemed on purchases with a total cart value less than R2,000, unless otherwise stated; and
vi The value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
14.4. Coupons cannot be used to buy other coupons, and cannot be exchanged or refunded for cash or credit. However, if you use a coupon and your order is rejected or your sale is cancelled, your coupon will be made available for use again.
Hollywood Bunny Bar is not responsible for any loss or unauthorised use of a coupon.
We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
Should you decide to use the website, we may require you to provide us with personal information which identifies you. This includes but is not limited to –
your name and surname;
your email address;
your physical address;
your mobile number;
Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
Should you decide to use the website, we may require you to provide us with personal information which identifies you. This includes but is not limited to –
use your personal information for any purpose other than as set out below:
in relation to the ordering, sale and delivery of Food;
to contact you regarding current or new Food items or services or any other goods offered via the website (unless you have opted out from receiving marketing material from us);
to inform you of new features, special offers and promotional competitions offered by us or any of our Hollywood Bunny Bars (unless you have opted out from receiving marketing material from us); and
to improve our product selection and your experience of our website by, for example, monitoring your browsing habits, or tracking your sales on the website; or
disclose your personal information to any third party other than as set out below:
to our employees, Hollywood Bunny Bars, third party service providers, and Drivers who assist us to interact with you via our website, email or any other method, for the ordering of Food or when delivering Food to you (i.e. Delivery or Self-collection), and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
to our Hollywood Bunny Bar Branches, divisions, affiliates,and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new Food items or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of these Terms and Conditions;
to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit; and
to our Hollywood Bunny Bars, third party service providers and/or Restaurants in order for them to liaise directly with you in the event of you submitting a complaint or claim regarding any order you have placed which requires their involvement.
We will ensure that all of our employees, affiliates, Hollywood Bunny Bars, third party service providers, Drivers, divisions, and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to such information.
We will –
take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
provide you with access to your personal information to view and/or update personal details;
promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so or you consent to us retaining such information for a longer period.
Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
- PERSONAL INFORMATION
The Parties acknowledge their respective obligations to comply with the substantive provisions of the Protection of Personal Information Act, 4 of 2013 (hereinafter referred to as ‘POPI’).
15.1. You understand and agree on the following:
15.1.1 Personal information requested by the Hollywood Bunny Bar is necessary for processing the terms and conditions of sale from time to time.
15.1.2 Should any of the information which is requested not be provided, Hollywood Bunny Bar may not approve your order.
15.3 It is your responsibility to ensure that Hollywood Bunny Bar has all the required information, that such information is complete, valid, accurate and current. The Customer agrees to update the information supplied, as and when necessary, in order to ensure the completeness, validity and accuracy of the information, failing which the Hollywood Bunny Bar will not be liable for any inaccuracies and you fully indemnify Hollywood Bunny Bar in this regard.
15.4 You provide your express consent and authority to the Hollywood Bunny Bar, at all times to : i) process your personal information, for the purpose of concluding the terms and conditions of sale, ii) make enquires to confirm and verify any information provided by you; iii) process the personal information for the purpose of the prevention and detection of fraud and criminal activities, the identification of the proceeds of unlawful activities and the combating of money laundering activities.
15.6 You have the right to access your personal information held by Hollywood Bunny Bar and such access will be granted during office hours within a reasonable time after receiving a written request for such access.
Part C – General Legal
- Changes to these Terms and Conditions
Hollywood Bunny Bar may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the website.
Any such change will only apply to your use of the website after the change is displayed in these Terms and Conditions. If you use the website, Whatsapp Service, Email Service or Telephone Service after such amended Terms and Conditions have been displayed, you will be deemed to have accepted such changes.
- Electronic communications
- Ownership and copyright
The contents of the website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in the website (“website Content”) are protected by law, including but not limited to copyright and trade mark law. The website Content is the property of Hollywood Bunny Bar, its advertisers and/or sponsors, and/or is licensed to Hollywood Bunny Bar.
You will not acquire any right, title or interest in or to the website or its content.
Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised by an authorised Hollywood Bunny Bar representative or otherwise provided for in law.
17.1. The use of the website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from such use or reliance on any information on the website.
17.2. Whilst Hollywood Bunny Bartakes reasonable measures to ensure that the content of the website is accurate and complete, Hollywood Bunny Bar makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the website, or as to the accuracy, completeness or reliability of any information on the website. If any such representations or warranties are made by Hollywood Bunny Bar representatives, Hollywood Bunny Bar shall not be bound thereby.
7.3. Hollywood Bunny Bar disclaims liability for all damage, loss or expense, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the website and/or any content therein, unless otherwise provided by law.
17.4. Any views or statements made or expressed on the website are not necessarily the views of HollywoodBunny Bar , its directors, employees and/or agents.
17.5. In addition to the disclaimers contained elsewhere in these Terms and Conditions, also makes no warranty or representation, whether express or implied, that the information or files available on the website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Hollywood Bunny Bar, its employees, agents or authorised representatives. Hollywood Bunny Bar thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the website.
- Linked third party websites
18.1. The website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Hollywood Bunny Bar is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
18.2. Notwithstanding the fact that the website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
- Limitation of liability
19.1. Hollywood Bunny Bar cannot be held liable for any inaccurate information published on the website and/or any incorrect prices displayed on the website or communicated, save where such liability arises from the gross negligence or wilful misconduct of Hollywood Bunny Bar, its employees, agents or authorised representatives.
19.2. Hollywood Bunny Bar SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE, AND/OR ANY LINKED THIRD PARTY WEBSITE OR MOBILE APPLICATION. SHOULD IT BE FOUND THAT Hollywood Bunny Bar IS LIABLE TO YOU, SUCH LIABILITY SHALL BE LIMITED TO THE ORDER CHARGES RELATING TO YOUR PARTICULAR ORDER.
19.3. YOU HEREBY INDEMNIFY Hollywood Bunny Bar AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE OR MOBILE APPLICATION.
- Availability and termination
20.1. We will use reasonable endeavours to maintain the availability of the website, except during scheduled maintenance periods, but are entitled at any time to discontinue providing the website or any part thereof with or without notice to you.
20.2. Hollywood Bunny Bar may in its sole discretion terminate, suspend and modify the website, with or without notice to you. You agree that Hollywood Bunny Bar will not be liable to you in the event that it chooses to suspend, modify or terminate the website, other than for processing any orders made by you prior to such time, to the extent possible.
20.3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any food, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the website, without any prejudice to any claims for damages or otherwise that we may have against you.
20.4. Hollywood Bunny Bar is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Hollywood Bunny Bar be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Hollywood Bunny Bar, in whole or in part, on notice to you. Hollywood Bunny Bar accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
20.5. At any time, you can choose to stop using the website, with or without notice to Hollywood Bunny Bar.
- Force majeure events
As between you and Hollywood Bunny Bar, you and any driver or any Hollywood Bunny Bar, no party will be liable to any other party for any delay or failure in performing its obligations (excluding payment obligations) in terms of these Terms and Conditions due to an event beyond its control, including but not limited to, an act of God, fire, flood, earthquake or war and pandemic.
- Governing law and jurisdiction
22.1. These Terms and Conditions, the relationship between you and any Hollywood Bunny Bar or any Courier, and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
22.2. In the event of any dispute arising between you and Hollywood Bunny Bar, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (KwaZulu Division of the High Court, South African notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
Nothing in this clause 22 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
Hollywood Bunny Bar may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the website, or the user’s right to use the website, or any of its contents, subject to us processing any orders then already made by you.
23.2. Assignability and Cession
You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
Any failure on the part of you or Hollywood Bunny Bar to enforce any right in terms hereof shall not constitute a waiver of that right.
23.4. Severability If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
No indulgence, extension of time, relaxation or latitude which either you or Hollywood Bunny Bar (the “grantor”) may show, grant or allow to the other of them (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
23.7. Whole Agreement
These Terms and Conditions contain the whole agreement between you and Hollywood Bunny Bar and no other warranty or undertaking is valid, unless contained in this document.