MOM the CHEF
Offering home-cooked meals since 2017
| TERMS AND CONDITIONS |
IMPORTANT LEGAL NOTICE
Online ordering on this website or mobile application is powered by Mom the Chef.
This page (together with our Privacy Policy) sets out the terms and conditions (“Website Terms”) on which we, New Era Projects (Pty) Ltd, trading as Mom the Chef (“Mom the Chef”), provide our services through our website momthechef.com and any Mom the Chef powered mobile application through which you access our website or services (together, “Website”). Please note that this includes any current or future version of our website, whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate website or related website for accessing our website or services that may be developed from time to time).
Please read these Website Terms carefully before ordering any products from our Website, as your purchase of any products offered on the Website is subject to these Website Terms. You should understand that by ordering products via the Website (whether now or in the future), you agree to be bound by these Website Terms. Use of the Website is also subject to these Website Terms.
We reserve the right to change these Website Terms from time to time by changing them on this page. These terms and conditions were last updated on 28 August 2020.
We advise you to print a copy of these Website Terms for future reference. These Website Terms are only in the English language.
Use of your personal information submitted via the Website is governed by our Privacy Policy.
1. INTRODUCTION AND OUR ROLE
1.1 New Era Projects (Pty) Ltd, trading as Mom the Chef (“Mom the Chef”) is a company registered in South Africa with registered company number 2017/389442/07, whose office is at 40 Queens Road, Bryanston, Gauteng, 2191, South Africa.
1.2 New Era Projects (Pty) Ltd, trading as Mom the Chef (“MOM THE CHEF”) VAT number is 4960290429.
1.3 MOM THE CHEF provides a way for you to communicate your orders to both collection and delivery restaurants (“Restaurants”) displayed on this Website.
1.4 Customer care is extremely important to MOM THE CHEF, therefore, in the event that you are dissatisfied with the quality of food ordered through this Website, subject to paragraph 3.3 below, MOM THE CHEF will assist you, where possible, in seeking a refund from the restaurant to a maximum amount equivalent to the value of the original order. An important part of our quality control process is that consumers provide ratings and feedback on the Website to reflect their experiences with restaurants. Please note that any complaint must be lodged with our customer care team within 48 hours of placing the order.
1.5 You may access some areas of this Website without making a MOM THE CHEF order, and registering your details with us. Most areas of this Website are open to everyone.
1.6 By accessing any part of this Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you must leave this Website immediately. Please understand that if you refuse to accept these Website Terms, you will not be able to order any products from our Website
1.7 MOM THE CHEF may revise these Website Terms at any time. You should check this Website regularly to review the current Website Terms, because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you order products from us.
1.8 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Website Terms and that they comply with them.
2. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED
2.1 Once you have created your order from the menu of your chosen Restaurants you will be given the opportunity to submit your order by clicking on the “proceed”, “place my order” or similar button. Please note it is important that you check the information that you enter and correct any errors before clicking on this button since once you click on this, input errors cannot be corrected.
2.2 If at any time prior to you clicking on the “proceed”, “place my order” or similar button, you decide that you do not wish to proceed with your order, you should clear you order basket and then close the application window.
2.3 On receipt of your order, MOM THE CHEF will begin processing your order and we will send you a notification by either SMS or email when your order has been received by the restaurant and whether it has been accepted for preparation by the restaurant or not.
2.4 Where applicable, all delivery orders will be performed by the Restaurant directly. In the event that 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, MOM THE CHEF’s customer care team will, subject to your compliance with these Website Terms, assist with expediting the complaint procedures including the processing of credit or debit card refunds and chargebacks where appropriate.
2.5 Where any payment you make is not authorised you will be returned to the previous page on the Website and we shall not be obliged to provide the services.
2.6 All transactions will be processed in South African Rands (ZAR).
2.7 Please note that once you have made your order and your payment has been authorised you will not be able to cancel your order nor will you be entitled to a refund.
3. PRICE AND PAYMENT
3.1 Prices will be as quoted on this Website. These prices include VAT but may exclude delivery costs, which will be added to the total amount due (if you opt for delivery instead of collection), where applicable.
3.2 This Website contains a large number of menus and it is always possible that some of the menus may be incorrectly priced. If the correct price for an order is different from the price stated on the Website the Restaurant will normally contact you before the order in question is dispatched. MOM THE CHEF is under no obligation to ensure that the order is provided to you at the correct price or to compensate you in respect of incorrect pricing.
3.3 In the event that you have a complaint about the quality of food or service provided by the restaurants on this website then complaints must be lodged initially with the restaurant. If you have paid for your food online, MOM THE CHEF’s customer care team will, subject to your compliance with these Website Terms, assist with expediting the complaint procedures including the processing of credit or debit card refunds and chargebacks where appropriate.
3.4 Payment for all orders must be by credit or debit card as stated on this Website or in cash at the point of collection or delivery to you, where applicable.
3.5 A discount may apply to your order if you use a promotional code recognised by this Website and endorsed by MOM THE CHEF.
3.6 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 sixty (60) days to be deducted from your bank account or charged to your credit card.
4. LICENCE
4.1 You are permitted to print and download extracts from this Website for your own personal use on the following basis:
4.1.1 Unless otherwise stated, the copyright and other intellectual property rights in this Website and in material published on it (including without limitation photographs and graphical images) are owned by MOM THE CHEF or MOM THE CHEF’s licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Website Terms, any use of extracts from this Website other than in accordance with paragraph 4.1 is prohibited.
4.1.2 You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 4.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
4.1.3 You must ensure that MOM THE CHEF’s status as the authors of the material on this Website must always be acknowledged.
4.1.4 You are not allowed to use any of the materials on this Website or the Website itself for commercial purposes without obtaining a licence from MOM THE CHEF to do so.
4.2 Except as stated in paragraph 4.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
4.3 Any rights not expressly granted in these Website Terms are reserved.
5. SERVICE ACCESS
5.1 While MOM THE CHEF tries to ensure this Website is normally available twenty four (24) hours a day, MOM THE CHEF will not be liable if this Website is unavailable at any time or for any period.
5.2 Access to this Website may be suspended temporarily and without notice.
5.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.
6. VISITOR MATERIAL AND CONDUCT
6.1 Other than personally identifiable information, which is covered under the MOM THE CHEF Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. MOM THE CHEF will have no obligations with respect to such material. MOM THE CHEF and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use that material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.
6.2 You are prohibited from posting, uploading or transmitting to or from this Website any material that:
6.2.1 breaches any applicable local, national or international law;
6.2.2 is unlawful or fraudulent;
6.2.3 amounts to unauthorised advertising; or
6.2.4 contains viruses or any other harmful programs.
6.3 You may not misuse the Website (including by hacking).
6.4 Any comments or feedback that you submit through the Website must not:
6.4.1 contain any defamatory, obscene or offensive material;
6.4.2 promote violence or discrimination;
6.4.3 infringe the intellectual property rights of another person;
6.4.4 breach any legal duty owed to a third party (such as a duty of confidence);
6.4.5 promote illegal activity or invade another’s privacy;
6.4.6 give the impression that they originate from us; or
6.4.7 be used to impersonate another person or to misrepresent your affiliation with another person.
6.5 The prohibited acts listed in paragraphs 6.2 to 6.4 above are non-exhaustive. You will pay MOM THE CHEF for all costs and damages which it incurs as a result of you breaching any of these restrictions.
6.6 MOM THE CHEF will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any material in breach of paragraph 6.2 to 6.4.
7. LINKS TO AND FROM OTHER WEBSITES
7.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. MOM THE CHEF has not reviewed all of these third party websites and does not control (and is not responsible for these websites or their content or availability). MOM THE CHEF does not endorse or make any representation about them, the material on them, or the results from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
7.2 You may link to this Website homepage (momthechef.com), provided that you do so in a fair and legal way which does not damage MOM THE CHEF’s reputation or take advantage of it.
7.3 You must not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by MOM THE CHEF where none exists.
7.4 The website from which you link must comply with the content standards set out in these Website Terms.
7.5 MOM THE CHEF has the right to withdraw the linking permission at any time.
8. DISCLAIMER
8.1 While MOM THE CHEF tries to ensure that information on this Website is correct, we do not promise it is accurate or complete. MOM THE CHEF may make changes to the material on this Website, or to the services and prices described in it, at any time without notice. The material on this Website may be out of date, and MOM THE CHEF makes no commitment to update that material. In particular, we do not promise that the information provided by the Restaurants and displayed on this Website such as the menus, pricing and estimated times for deliveries and collections is correct or up to date.
8.2 MOM THE CHEF provides you with access to this Website and our services on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms (including any conditions implied by law which but for these Website Terms might apply in relation to this Website and the services that we provide).
8.3 You are responsible for the security of your password that you used to register with this Website. Unless MOM THE CHEF negligently discloses your password to a third party, MOM THE CHEF will not be liable for any unauthorised transaction entered into using your name and password.
8.4 PLEASE NOTE: MOM THE CHEF tries to accurately copy the item names, descriptions, prices, heat and allergenic warnings and other information ("Menu Information") from the menus that are provided to us by Restaurants. However, it is the Restaurants that are responsible for providing this Menu Information and ensuring that it is factually accurate. If you are in doubt about allergy warnings, contents of a dish or any other Menu Information, you should confirm with the Restaurant directly before ordering.
9. TERMINATION
9.1 MOM THE CHEF may terminate or suspend (at our absolute discretion) your right to use this Website and your use of the services immediately by notifying you in writing (including by email) if:
9.1.1 MOM THE CHEF believes you have posted material in breach of paragraphs 6.2, 6.3 or 6.4 (Visitor Material and Conduct);
9.1.2 MOM THE CHEF believes that you have breached paragraphs 7.2, 7.3 or 7.4 (Links to and from other websites); or
9.1.3 If you breach any other material terms of these Website Terms.
9.2 Upon termination or suspension you must immediately destroy any downloaded or printed extracts from this Website.
10. LIABILITY
10.1 MOM THE CHEF, and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, or loss or damages arising from or connected in any way to business interruption, loss of opportunity, loss of anticipated savings, wasted management or office time and whether in tort (including negligence), contract or otherwise, even if forseeable) in connection with our services, this Website or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on these websites.
10.2 MOM THE CHEF takes full responsibility for the content of this Website and for the communication of orders to the Delivery Restaurants as set out in these Website Terms. MOM THE CHEF’s customer care team will, subject to your compliance with these Website Terms and cooperation, use all reasonable endeavours to resolve any issues arising from the submission of orders via this Website including the processing of all credit or debit card refunds and chargebacks where appropriate. However, please note that the legal contract for the supply and purchase of food and beverages is between you and the Restaurants that you place your order with. MOM THE CHEF cannot give any undertaking that the food and beverages ordered from the Restaurants through this Website will be of satisfactory quality and any such warranties are disclaimed by MOM THE CHEF. Neither can MOM THE CHEF give an undertaking that the estimated delivery and collection times stated on this Website are accurate or will be fulfilled. These disclaimers do not affect your statutory rights against the Restaurants.
10.3 Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from MOM THE CHEF 's negligence, nor MOM THE CHEF 's liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.
10.4 With the exception of any liability referred to in paragraph 10.3 above, MOM THE CHEF’s total liability to you in relation to your use of the Website and the services that we provide including (but not limited) to liability for breach of these Website Terms and tort (including but not limited to negligence) is limited to an amount equivalent to twice the value of your order or One Thousand South African Rands (R1000.00), whichever is the lower.
10.5 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all associated costs.
11. GOVERNING LAW AND JURISDICTION
These Website Terms shall be governed by and construed in accordance with South African law. Disputes arising in connection with these Website Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the South African courts.
12. ADDITIONAL TERMS
12.1 We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy. You should review our Privacy Policy, which is incorporated into these Website terms.
12.2 If any provision or part of a provision of these Website Terms is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provisions or part provisions will be struck out of these Website Terms and the remainder of these Website Terms will apply as if the offending provision or part provision had never been agreed.
12.3 Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.
12.4 You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any business that we enter into a joint venture with, purchase or are sold to.
12.5 The headings in these Website Terms are included for convenience only and shall not affect their interpretation.
13. YOUR STATUS
13.1 By placing an order through our Website, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old.
14. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or ordering products via the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (“Force Majeure Event”).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
16. SEVERABILITY
If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.