- By accessing or using the website and e-commerce store based at https://gourmetgrubb.com, or any other Gourmet Grubb related blogs, platforms or websites (collectively known as the “Site/s”) that link to these Terms, you agree to be bound by these Terms and all of the terms incorporated herein. If you do not agree to these Terms, you may not access or use the Sites, or Order, or receive the Products made available through the Sites (collectively known as the “Products”).
- These Terms do not alter in any way the terms or conditions of any other agreement you may have with us with respect to any Products, services or otherwise. If you are using the Sites on behalf of any person or entity, you represent and warrant that you are authorized to accept these Terms on such person or entity’s behalf and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms.
- Gourmet Grubb reserves the right to change or modify these Terms at any time and at our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Sites or Order, receive or use Products, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference.
- We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Sites or Order, receive or use the Products. If you do not agree to the revised Terms, you may not access or use the Sites or Order, receive or use the Products.
- Some of the terms herein are not necessarily defined in order.
- The terms “user”, “you” and “your” are used interchangeably in these Terms and refer to all persons accessing the Site for any reason whatsoever, including each user who registers as contemplated below. Accordingly, the terms “us”, “our” or “we” used refers to Gourmet Grubb or its possession.
- Please pay specific attention to the bold paragraphs of the Terms. These paragraphs limit the risk or liability of Gourmet Grubb or a related third-party, constitutes an assumption of risk or liability by you, impose an obligation by you to indemnify Gourmet Grubb or is an acknowledgement of any fact by you.
- These Terms were last updated on 15 November, 2018.
- Introduction and Services:
Gourmet Grubb provides an online information and shopping platform which enables users to find out more about Gourmet Grubb and its Products, as well purchase high quality Products from Gourmet Grubb, who owns and sells the various Products which are showcased on the Sites from time to time.
- Eligibility of Site Use:
The Sites are not targeted toward or intended for use by anyone under the age of 18. By using the Sites, you represent and warrant that you:
- are 18 years of age or older;
- have the legal capacity to enter into contracts;
- have not been previously suspended or removed from the Sites or engaged in any activity that could result in suspension or removal from the Sites;
- do not have more than one Gourmet Grubb account; and
- have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.
- Registration, Account and Communication Preferences
In order to access and use certain areas or features of the Sites, you will need to register for a Gourmet Grubb account. By creating an account, you agree to:
- provide accurate, current and complete account information;
- maintain and promptly update, as necessary, your account information;
- maintain the security of your account credentials;
- be responsible for the acts or omissions of any third party who has authority to access or use the Sites on your behalf; and
- immediately notify us if you discover or otherwise suspect any security breaches related to the Sites or your account.
By entering your personal information on a Site, Gourmet Grubb is entitled to assume that the person using the Site is you. You are responsible for keeping your Site information safe and private, and any actions performed on a Site using your account and/or information will be assumed to be you, and hence, you should not share your log-in details or password with anyone.
By creating a Gourmet Grubb account, you also consent to receive electronic communications from Gourmet Grubb (e.g., via email or by posting notices to the Sites). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.
- Terms of Sale
5.1 Order Placement:
We offer different Products which can be ordered for pickup or delivery (hereafter known as an “Order”) by placing an Order through our e-commerce store (hereafter known as the “Shop”), a part of the Sites’ services.
For more information about the Products offered, please visit our Shop.
Note that we do not currently deliver Products to every location, so please visit our “FAQ” page to see if we deliver to your area. If we do not currently deliver to your area, please feel free to email firstname.lastname@example.org to enquire about upcoming areas for delivery.
Placing Product in a wishlist or shopping basket without completing the purchase cycle does not constitute an Order for such Product, and as such, Product 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 Gourmet Grubb liable if such Product is not available or is not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
5.2 Order Limit:
Given our limited capacity to produce our unique Products, we have a limit of 5L of Products per Order, per account, per week.
For any requests to order larger volumes, please email email@example.com and we will gladly discuss the option.
5.3 Cancellation Policy:
You may cancel any Order, under the following conditions:
- in the case of a pickup Order, you may cancel such an Order until 5pm on the day before the scheduled pickup; and
- in the case of a delivery Order, you may cancel until 12pm noon the day before the scheduled delivery.
Should you cancel your Order in accordance with time periods above, you will be refunded your total Order purchase price.
Should you cancel your Order later than the time periods above, you will be charged 100% (one hundred percent) of the Order cost due to the perishable and customised nature of the food-stuff Product created for your Order. The only charges which shall be refunded to you in these circumstances will be shipping, handling or delivery charges which you have already paid.
5.4 Price and Order Adjustment
Given the limited availability of certain variations of our Products, Gourmet Grubb may from time to time, and as determined necessary based on Product availability, contact you in order to adjust the quantity(ies) and/or flavour(s) of your Order. If the the associated price of the adjusted Order differs from the original Order, price adjustments may also be proposed. Any such modifications will be dependent upon a written agreement between you, the customer, and Gourmet Grubb. If an agreement cannot be reached, the Order may be canceled, modified or rejected in accordance with Sections 5.3 and 5.6.
5.5 Payment and Billing Information
When paying for Products purchased on the Site, you may use the following payment options:
- EFT (Electronic Funds Transfer).
Gourmet Grubb is committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology as operated by our authenticated payment service providers.
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your Order (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your Gourmet Grubb account, you can do so at any time by logging into your account and editing your payment information.
You acknowledge that the amount billed may vary due to promotional offers or changes in applicable taxes or other charges, and you authorize us or our third-party payment processor to charge your payment method for the corresponding amount. Gourmet Grubb will however notify you of any such price/charges changes when applicable.
When using PayFast to pay for an Order:
- The Site uses and stores payment information with PayFast (Pty) Ltd. with registration number 2007/011558/07 (“PayFast”) as an offsite third-party payment gateway to keep your banking details secure.
- Users may need to set up a PayFast account and will be bound to any PayFast terms and conditions when using their services
When using SnapScan to pay for an Order:
- The Site uses and stores payment information with The Standard Bank of South Africa Limited with registration number 1962/000738/06 (product trading as “SnapScan”) as an offsite third-party payment gateway to keep your banking details secure.
- Users may need to set up a SnapScan account and will be bound to any SnapScan terms and conditions when using their services
5.6 Pricing and Availability
Gourmet Grubb shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Product on the Site. However, should there be any errors of whatsoever nature on the Site (which are not due to our gross negligence nor fraud), Gourmet Grubb shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in these Terms.
All prices are shown in Rand and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with your Order, we will provide advance notice of such changes in accordance with Section 5.4. The shipment of Products, as applicable, to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your Order in accordance with the cancellation policies set forth in Section 5.3.
All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, and to discontinue offering certain Products. We strive to provide you with high-quality Products, and given the perishable nature of certain Products and market conditions beyond our control, we may be required to make substitutions from time to time. Any such substitutions will be made as per Section 5.4. If you are not satisfied with a substitution, please contact us at firstname.lastname@example.org.
5.7 Shipping and Handling
You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third party courier. All Products purchased from us are made pursuant to a shipment contract. This means that title to and the risk of loss of such Products passes to you upon our delivery of the Product to the third party courier, but until then, the Product remains the property of Gourmet Grubb.
Your Order will be executed within fifteen (15) days of receiving your successfully completed and paid-for Order, unless we have agreed to different time periods for such execution with you in writing.
You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery or collection. Whilst we take absolute care in ensuring the quality and freshness of our Products upon dispatch/before collection, you are solely responsible for determining the freshness of the Products you receive. You should always inspect your delivery/collection to confirm that the meal ingredients arrive in a cool, refrigerated or frozen condition.
In the unlikely event that you have reason to believe that any other Product in your delivery is not suitable for consumption, contact us at email@example.com, and we will gladly assist you.
If you are not at the specified location of delivery when your delivery arrives, the courier will return the Product to Gourmet Grubb and will attempt to deliver the Product again to you during the next available delivery window. Each additional delivery attempt will be charged an additional shipping, handling and/or delivery charge, to the same amount of the initial attempt. After the third consecutive delivery attempt fails, the Order will be canceled as per Section 5.3.
Our Products are packaged with ice packs and will typically remain cold and fresh for several hours, but depending on the season and temperature in your geographic area at the time of delivery, advance planning by you should be made for proper storage prior to consumption.
In certain areas, you may be able to provide additional delivery instructions when setting up your Gourmet Grubb account, such as requesting that your delivery be left with a doorman or neighbour.
Any individual at the delivery address who accepts a delivery from us is presumed to be authorised to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself.
In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. In the event that timely delivery of your Order is not feasible, we will promptly notify you and cancel your Order for the period so affected and issue you a credit or refund of the purchase price for that Order delivery.
To maintain the quality and integrity of the Products, we recommend that you immediately refrigerate or freeze all perishable Products upon delivery, as per labeled instructions. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness.
5.9 No Resale
You are not permitted to resell or otherwise use the Products for commercial purposes.
5.10 Returns, Refunds and Exchange Policy
Our refunds policy is valid for seven (7) days after the day you received your products, whether via pickup at specified locations or via delivery of the product.
Due to the perishable nature of our Products, Gourmet Grubb does not accept any returns or exchanges.
If you are dissatisfied with Products from any Order made using the Sites due to any of the reasons listed below please contact us at firstname.lastname@example.org
- receiving different Products than specified on the Order;
- receiving different Products than the agreed upon adjusted Order according to Sections 5.4 and 5.6;
- damaged or defective packaging such as tears, rips, punctures or leaking; or
- Product quality issues such as expired Products or Products containing foreign objects.
In order for Gourmet Grubb to accurately assess each case as quickly and correctly as possible, we require a receipt or proof of purchase. We may also request photographic documentation of the Product and/or Order you are dissatisfied with. We will examine each case on an individual basis and may, depending on the circumstances, provide you with a full or partial credit or refund for the Product or Order in question.
We will not, under any circumstances, offer any credit or refunds due to negligence by the consumer that results in a damaged Product.
If you do not comply with the terms of this section, you will be ineligible to receive a refund.
5.11 Order Records and Invoicing
After placing any Product Order, you will receive an automated response confirming your Order, containing relevant Order information, delivery/collection information, and serving as an invoice for the relevant transaction. In addition, you may contact us via email at email@example.com to obtain a full record of your payment/s. We may also send you additional email communications about your Order and payment where required.
5.12 Conclusion of Sale
Registered users may place Orders for any Product, which Gourmet Grubb may accept or reject. Whether or not Gourmet Grubb accepts an Order depends on the availability of Product, correctness of the information relating to the Product (including, without limitation, the price) and receipt of payment or payment authorisation by Gourmet Grubb for the Products.
Gourmet Grubb will indicate the acceptance of your Order by delivering the Product to you or allowing you to collect them, and only at that point will an agreement of sale between you and Gourmet Grubb come into effect (the “Sale”). This is regardless of any communication from Gourmet Grubb stating that your Order or payment has been confirmed. Gourmet Grubb will indicate the rejection of your Order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
- Company details:
For the purposes of providing mandatory company information about us, the following is recorded:
Application owner: Gourmet Grubb (Pty) Ltd
Legal Status: OPF is a Private Company
Registration Number: 2017/534521/07
Directors: Jean Louwrens & Leah Bessa
Description of main business: Gourmet Grubb produces and sells EntoMilk™, a dairy alternative made from insects. Gourmet Grubb also produces and sells value-added dairy alternative products such as our signature Insect Ice Cream, made with EntoMilk™.
Telephone number: +27 (0)84 869 9665
E-mail address: firstname.lastname@example.org
Application location: Cape Town, South Africa
Unit 1, InoSpace Island Works
20 Cumberland Rd
Cape Town, 7405
Unit 1, InoSpace Island Works
20 Cumberland Rd
Cape Town, 7405
4 Milton Rd
Cape Town, 7925
- License to Access and Use Our Sites and Content
Unless otherwise indicated in writing by us, the Sites and all content and other materials contained therein, including, without limitation, Gourmet Grubb logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Gourmet Grubb or our licensors or users, as applicable, and are protected by South African and international copyright laws.
You are hereby granted a limited, non-exclusive, non-transferable, license to access and use the Sites and Content. However, such license is subject to these Terms and does not include any right to:
- sell, resell or use commercially the Sites or Content;
- distribute, publicly perform or publicly display any Content;
- modify or otherwise make any derivative uses of the Sites or Content, or any portion thereof;
- use any data mining, robots or similar data gathering or extraction methods;
- download (other than the page caching) any portion of the Sites or Content, except as expressly permitted by us; and
- use the Sites or Content other than for their intended purposes.
Any use of the Sites or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorised use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Gourmet Grubb or any third party, whether by estoppel, implication or otherwise. This license, if granted to you, is revocable at any time and in our sole discretion.
Notwithstanding anything to the contrary in these Terms, the Sites and Content may include software components provided by Gourmet Grubb or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
The Site is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any data network access necessary to utilise the Site. The network’s data and messaging rates and fees may apply if you use the Site and you shall be responsible for such rates and fees.
Gourmet Grubb does not guarantee that the Site, or any portion thereof, will function on any particular hardware or device.
“Gourmet Grubb”, “EntoMilk” the Gourmet Grubb logo, the EntoMilk logo, and any other Gourmet Grubb Product or service names, logos or slogans that may appear on the Sites or Products are trademarks of Gourmet Grubb and may not be copied, imitated or used, in whole or in part, without our prior written permission.
You may not use any meta tags or other “hidden text” utilizing “Gourmet Grubb” or any other name, trademark or Product or service name of Gourmet Grubb without our prior written permission. In addition, the look and feel of the Sites and Products, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Gourmet Grubb and may not be copied, imitated or used, in whole or in part, without our prior written permission.
All other trademarks, registered trademarks, Product names and company names or logos mentioned on the Sites or Products are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.
Reference to any Products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Gourmet Grubb.
You are granted a limited, non-exclusive, non-transferable right to create a text hyperlink to the Sites for non-commercial purposes, provided that such link does not portray Gourmet Grubb or any of our Products in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time, and it is your positive obligation to notify Gourmet Grubb whenever you create such a link.
You may not use a Gourmet Grubb logo or other proprietary graphic of Gourmet Grubb to link to the Sites without our express written permission. Further, you may not use, frame or utilise framing techniques to enclose any Gourmet Grubb trademark, logo or other proprietary information, including the images found on the Sites or Products, the Content of any text or the layout or design of any page, or form contained on a page, on the Sites without our express written consent.
Gourmet Grubb makes no claim or representation regarding the quality, content, nature or reliability of third party websites accessible by hyperlink from the Sites or of websites linked to the Sites. Such sites are not under our control and we provide these links to you only as a convenience. The inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
- Third Party Content
We may display content, advertisements and promotions from third parties through the Sites or in shipments with Products (hereafter known as “Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties.
- User Conduct
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites.
You warrant that you will abide by these Terms and will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another user’s account without authorisation from such user and Gourmet Grubb;
- Use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden or impair the functioning of the Sites in any manner;
- Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Sites;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Sites that you are not authorized to access;
- Develop any third party applications that interact with user Content or the Sites without our prior written consent;
- Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Sites, extract data or otherwise interfere with or modify the rendering of Site pages or functionality;
- Use the Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms; and/or
- facilitate or assist any third party to do any of the above.
You can submit questions, comments, suggestions, ideas, original or creative materials or other information about Gourmet Grubb, the Sites or the Products (hereafter referred to as “Feedback”).
Feedback is non-confidential and shall become the sole property of Gourmet Grubb. Gourmet Grubb shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Gourmet Grubb, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (hereafter referred to, individually and collectively, as the “Gourmet Grubb Parties”), from and against all actual or alleged Gourmet Grubb Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (hereafter referred to, collectively, as “claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to:
- Any use or misuse of the Sites, Content or Products by you or any third party you authorize to access or use such Sites, Content or Products;
- Any content you create, post, share or store on or through third party social media platforms;
- Any Feedback you provide;
- Your violation of these terms; and
- Your violation of the rights of another.
You agree to promptly notify Gourmet Grubb of any third party Claims, cooperate with the Gourmet Grubb Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). You further agree that the Gourmet Grubb Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Gourmet Grubb.
You are solely responsible for, and assume all risks related to, the proper and safe washing, handling, preparation, storage, cooking, use and consumption of the Products you receive from us.
Please be aware that the Products or components thereof are or can be made of insects and/or insect products.
You are also solely responsible for knowing about any food allergies you may have and verifying the Products and their contents before handling, preparing, using or consuming such Products. Further, you understand, acknowledge and agree that we store, portion and package Products containing all eight (8) major allergens (milk, wheat, egg, soy, fish, shellfish, peanuts and treenuts) and cannot guarantee that cross-contamination will not occur between Products.
We attempt to display the Products and other materials and information you view on the Sites, including pricing, as accurately as possible. However, we do not guarantee the accuracy of such materials and information. In the event of an error on our Sites, in an Order confirmation, in processing or delivering an Order or otherwise, we reserve the right to correct such error and revise your Order accordingly (including charging the correct price) or to cancel your Order and issue you a refund.
You further agree that the Products and other materials you receive in your Order may vary from the products and materials displayed on the Sites due to a number of factors, including, without limitation, system capabilities and constraints of your computer, manufacturing process or supply issues, the availability and variability of products, distinct cooking or other preparation methods and variability of cooking equipment and appliances.
You understand that the Sites may contain information about Products that are not available in every location. A reference to a Product on the Sites does not imply or guarantee that it is or will be available in your location or at the time of your Order.
We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) and the Products at any time without notice and without obligation or liability to you. Reference to any Products, Services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.
- Limitation of Liability; Release
To the fullest extent permitted by applicable law, in no event shall the Gourmet Grubb Parties be liable for any indirect, special, incidental, or consequential damages or harm of any kind (including, but not limited to, loss of revenue, income or profits, loss of use or data, loss or diminution in value of assets or securities, or damages for business interruption) arising out of or in any way related to the access to or use of the Sites or Content (including, but not limited to, user content, Third Party Content and links to Third Party Sites), or the Order, receipt or use of any Product, or otherwise related to these terms (including, but not limited to, any damages caused by or resulting from reliance on any information obtained from any Gourmet Grubb Party, or from events beyond the Gourmet Grubb Parties’ reasonable control, such as Site interruptions, deletions of files or emails, errors or omissions, defects, bugs, viruses, trojan horses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorised access to the Gourmet Grubb Parties’ records, programs or systems), regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed) or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable).
To the fullest extent permitted by applicable law, in no event shall the maximum aggregate liability of the Gourmet Grubb parties (jointly) arising out of or in any way related to (a) the Order, receipt or use of Products purchased from the Gourmet Grubb Store, exceed the amount paid for such Products; and (b) the Order, receipt or use of Products, or access or use of the Sites or Content, exceed the greater of three thousand rand (R3000) or the amount you paid to us in the one (1) month period immediately preceding the date on which your claim arose. The foregoing limitations shall apply even in the event your remedies hereunder fail of their essential purpose, and the foregoing shall constitute the Gourmet Grubb Parties’ sole liability and obligation in respect hereof, regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), or any other legal or equitable theory.
To the fullest extent permitted by applicable law, you, on behalf of your heirs, executors, administrators, legal and personal representatives, hereby release, waive, acquit and forever discharge the Gourmet Grubb parties from and against, and covenant not to sue any such Gourmet Grubb party for, all claims you have or may have arising out of or in any way related to these terms.
Notwithstanding the above, nothing in these terms is intended to limit your legislated rights, and Gourmet Grubb will at all times operate in adherence to them.
- DISPUTE RESOLUTION
Should any dispute, disagreement or claim arise between you and Gourmet Grubb (“the parties”), the parties concerning use of the Sites, any services or Products acquired pursuant thereto, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
Should the parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussion between them. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombudsman, as provided for in applicable legislation.
Notwithstanding the above, both parties consent to the non-exclusive jurisdiction of the Magistrate’s Court of the Republic of South Africa, even in the event where the quantum in the dispute may be less than the monetary jurisdiction of that court.
The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platform. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim.
Notwithstanding the above, both parties retain all of their concurrent rights as provided for under applicable legislation.
- Modifications to the Sites and Products
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Sites (or any features or parts thereof) or the provision of the Products at any time.
- Governing Law
These Terms, your access to and use of the Sites and your Order, receipt and use of the Products shall be governed by and construed and enforced in accordance with the laws of South Africa.
Notwithstanding anything contained in these terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Sites and to Order or receive the Products, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
If you wish to terminate your agreement with the terms and with Gourmet Grubb generally, you may do so by discontinuing your use of the Site.
The obligations and liabilities of the parties incurred prior to the termination date of the agreement and/or use of the Shop or Site shall survive the termination of this agreement for all purposes, including the payment of any fees due and payable by a user to Gourmet Grubb for the purchase of any Product prior to termination.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall, to that extent, be deemed not to form part hereof. Such deletion shall not, however, impair the operation of, or have any effect upon, such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.
The headings to the paragraphs to the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
These Terms constitute the entire agreement between you and Gourmet Grubb relating to your access to and use of the Sites and your Order, receipt and use of Products.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Gourmet Grubb.
No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Gourmet Grubb’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:
- in the case of Gourmet Grubb, at email@example.com; and
- in the case of the user, at the e-mail and addresses provided by the user to Gourmet Grubb in the information-submission process when registering an account and/or making Product purchases.