Terms of Use

GENERAL

The registered owner of the website www.evertopstal.co.za is EVERT Restaurant (Pty) Ltd and this is our website.

You formally agree to all our website policies which include but are not limited to the following:

  • Terms of Use
  • Privacy Policy
  • Delivery Policy
  • Refunds & Returns Policy

as described herein, when visiting our website at www.evertopstal.co.za.

Any and all of said policies may change at any time by updating this website.  Kindly contact us at info@evertopstal.co.za should you have any questions about our Policy’s or Terms of Use.

 

LEGAL TERMS

Licence: By visiting our website at www.evertopstal.co.za limited licence of use is granted.

Breach:The Licence may be cancelled if any of the Terms described herein is breached.

Framing: This website may not be framed.

Capacity: Capacity to visit this website confirms agreement to the Terms of Use and all Legal Terms.

Accurate Information: The user confirms that they will only provide accurate information upon request.

Ownership: All rights to the website www.evertopstal.co.za is owned by us or our third-party licensors.

Trademarks: Trademarks displayed on our site are owned by us and our third-party licensors and may not be used use without written permission from the respective owners.

Restrictions: This website may not be hired out, copied, reverse engineered or changed with our written consent. The WebSite is not intended for individuals under the age of 18.

Own risk: This website is visited and used at the sole risk of the user no warranties are made by us.

Indemnity: We are indemnified against any and all liability related to the use of this website upon the user accepting these Legal Terms by accessing  the site www.evertopstal.co.za.

Limitation of Direct Damages: The maximum liability for all claims for direct damages related to the use of this website and services offered is R100 (ZAR).

Indirect Damages: We do not accept any liability for indirect damages related to the use of this website or services offered.

 

PRIVACY POLICY

This website complies to all South African laws for user privacy and it is recorded that this privacy policy is important to us. A proactive approach is applied to ensure the correct steps are taken to protect our users and visitors to the website during the browsing experience.

PERSONAL INFORMATION WE COLLECT

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”

Users contacting this website and/or its owners do so at their own discretion and provide any such personal details requested at their own risk. All personal information is kept private and stored securely until a time it is no longer required or has no use, as detailed in the Data Protection Act 1998.

We collect Device Information using the following technologies:

“Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.

“Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.

“Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.

Additionally, when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, email address, and phone number. We refer to this information as “Order Information.”

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

HOW DO WE USE PERSONAL INFORMATION?

We use the Order Information that we collect generally to fulfil any orders placed through the Site (including processing your payment information, arranging for delivery, and providing you with invoices and/or order confirmations).

Additionally, we use this Order Information to communicate with you; screen our orders for potential risk or fraud; and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimise our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

We may share your Personal Information with third parties to help us use your Personal Information, as described above.

For example, we use Google Analytics to help us understand how our customers use the Site–you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful requests for information we receive, or to otherwise protect our rights.

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you.

For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt-out of targeted advertising by:

FACEBOOK – https://www.facebook.com/settings/?tab=ads

GOOGLE – https://www.google.com/settings/ads/anonymous

BING – https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

Additionally, you can opt-out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

LINKS TO OTHER SITES

The website may contain links to other sites for the convenience of the user if the user clicks on a third-party link they will be directed to that specified site. Please note that the external sites that are provided as a link on our site are not operated by us. We strongly advise that you review the Privacy Policy of the respective websites as we do not have control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services linked on our site.

SECURITY

We value the trust of the user in providing us with their Personal Information and we strive to use commercially acceptable means of protecting Personal Information. Please be advised that no method of transmission over the internet or method of electronic storage is 100% safe, secure and reliable and we cannot guarantee its absolute security. We do not accept any liability should personal information become available.

DO NOT TRACK

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

Additionally, if you are a European resident we note that we are processing your information in order to fulfil contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

DATA RETENTION

When you place an order through the Site, we will maintain your information for our records unless and until you ask us to delete this information.

 

PAYMENT AND BILLING INFORMATION

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 subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”).

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 EVERT Opstal Restaurant account held in our books, you can do so at any time by contacting us at info@misi.co.za and providing your payment information.

You acknowledge that the amount billed may vary due to promotional offers, changes to your subscriptions 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.

 

DISCLAIMER

All items displayed on the EVERT Opstal Restaurant website are provided “as is” and EVERT Opstal Restaurant makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. EVERT Opstal Restaurant do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the items as displayed on the website or on any sites linked to the Evert Opstal Restaurant website.

 

PRICING AND AVAILABILITY

All prices are shown in South-African Rand (ZAR) and applicable taxes and other charges, if any, may be additional. We reserve the right to adjust prices from products or services as we may determine at our sole discretion and at any time without prior notification; provided, however, that if we change the amounts or other charges associated with your order, we will provide advance written notice of such changes. We will not, however, be able to notify you of changes in any applicable taxes. The shipment of products, if applicable, to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your order(s) in accordance with our cancellation policy available on request.

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, to discontinue offering certain Products and to substitute Products without prior notice. We strive to provide you with high-quality Products and Services and given the nature of certain Products and market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at info@evertopstal.co.za.

 

DELIVERY AND HANDLING

You agree to pay any delivery and handling fees if applicable at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate delivery and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. We may choose to use a third-party courier and 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.

 

CHANGES

Our Legal Terms and Terms of Use may be updated from time to time and we request that our users’ review all Terms and Policy’s periodically for any changes. All changes are effective immediately after they are posted on the site.

 

If you have any questions about our TERMS OF USE please contact us by email: info@evertopstal.co.za.