Protecting your privacy is extremely important to us. This notice will help you understand the purposes for which we collect, store and use your information. We will keep your information confidential.
1. Who are we?
Eat Out is part of New Media Publishing (Pty) Ltd. This is our contract with you.
We are Eat Out, a brand owned by New Media Publishing (Pty) Ltd. We own and run this application (the App) and the website www.eatout.co.za
This contract regulates your use of the App and its features. In order to use the App you must accept these terms of service by clicking the ‘I agree’ button, creating a binding contract between us.
2. What features can you expect?
This is a restaurant directory and with booking funtionality. There are other bells and whistles too.
The Eat Out app has these features:
- Restaurant listings and directory
- Restaurant bookings
- Recommendations to guests based on their location
- Rate and review restaurants
- Advertising to guests based on their preferences
Some features will only be available to you if you give us permission to use your geolocation, for instance the feature where the App recommends restaurants near you.
If you want to make a booking or write a review, you will have to take the additional step of creating a profile by registering.
3. What are the rules for using the App?
You must not do anything malicious, that breaks any laws or is dishonest.
From time to time, we will change and (hopefully) improve the App’s features and functions.
- Not allow anybody else to use your profile and login credentials
- Not use any robot, spider, crawler, scraper, script, browser, extension, offline reader or other automated means or interface not authorised by us to access the App or its features, extract data or otherwise interfere with or modify the rendering of pages or functionality
- Not transmit or post any file that may contain worms, Trojan horses, viruses or any other form of contamination or destructive elements which interfere with the performance of the App
- Not reverse engineer any aspect of our services, 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 App or its features
- Comply with all applicable laws when using this App
4.What are the rules for using the booking platformfunctionality?
You can make bookings using the App, but after that the booking is subject to the restaurant’s terms and conditions and policies. It is your responsibility to manage your bookings.
You may use the booking platform functionality to make a booking at a restaurant listed on the App, but after that it is your and the restaurant’s responsibility to manage the booking and your booking will be subject to the restaurant’s policies on deposits, changes to your booking, cancellations and cancellation penalties.
You must notify the restaurant if you have any special requirements when requesting the booking. For instance if you have allergies or need wheelchair access.
Eat Out is not responsible for anything that might go wrong with your booking, any penalties you must pay for cancellations or if you are not happy with the service delivered by the restaurant.
5. What are the rules for rating and reviewing restaurants?
We only allow fair, independent and objective ratings and reviews.
You may rate or review a restaurant that you have visited at any time. We will prompt you to leave a review after a restaurant visit if you used our booking platformfunctionality.
If you post a restaurant review you give us an irrevocable, perpetual, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use your post, and all intellectual property rights therein. By ‘use’ we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, and to create derivative works. You grant us the right to use the name or username you submit in connection with your post, but we are not obliged to include your name or username.
Our policy is to only allow fair, independent and objective reviews. Here are some rules, but you can also read oureditorial policy here.
You must not post any content or engage in any activity which:
- Is harmful, threatening, abusive, harassing, indecent, defamatory, discriminatory, vulgar, profane, libellous, hateful, or invasive of other’s privacy
- Constitutes an inauthentic or knowingly erroneous review
- Violates any third party right, including the right to privacy, right to publicity or any intellectual property right
- Is illegal
- Is an attempt to impersonate another person or entity
If we get a whiff of anything like this (please tell us if you spot something!), we have the right to remove the content.
6. Who owns the App content?
We own the App and its content. We give you a license to use the App and its features.
The App and all content and other materials it contain, including the Eat Out trademark and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively we call this the ‘content’) are the property of New Media Publishing (Pty) Ltd or is licensed to us, unless we indicate that it is not.
The images used on listings, galleries and articles are provided by the restaurants, stores or markets themselves or their marketing people. While we have permission to use them on the App, we do not own the images and therefore cannot give permission for them to be downloaded from the App and used in any way.
We may embed Instagram images in our articles, which automatically include the owner’s account handle, and which click through to their account (if the Instagram account is public).
We grant you a limited, nonexclusive, non-transferable, non-sublicensable license to access and use App on any device that you own or control for the sole purpose of accessing the App content and features.
Our license to you does not include any right to:
- Sell, resell or use the services or content commercially
- Distribute, publicly perform or publicly display any content without our written consent
- Modify or otherwise make any derivative uses of the services or content, or any portion thereof
- Use any data mining, robots or similar data gathering or extraction methods
- Download (other than page caching) any portion of the services or content, except as expressly permitted by us
- Use the services or content other than for their intended purposes
We can revoke this license at any time.
The services and content may include software components provided by thrid parties that are subject to separate license terms, in which case those license terms will govern those software components.
7. How does the paid for advertising work?
We publish native content, sponsored content and advertising. We will clearly label this content.
We publish ‘native content’. What is it? It is paid for content that looks and feels like any other Eat Out content. It is content which is linked to an advertiser’s brand or product but makes sense without it. In other words, it feels like all the other content on Eat Out, but is paid for by an advertiser. We make sure that native content can be identified by labelling it ‘brought to you by ABC’ and a short message from the advertiser at the end of the article.
Native content must follow our editorial policy.We determine what is in the content, not the advertiser. The content of the article (including the wording, the images used, the restaurants mentioned, the sources contacted etc.) is independent, and will not be influenced by the advertiser. This means that users can still trust the recommendations and information in the article.
We also publish sponsored content. This kind of content is clearly pushing the advertiser’s message. This content is created by Eat Out according to a brief supplied by the advertiser, but it is not published as editorial content. This kind of content can be edited by the advertiser.
You will know this content when you see it, but we will also clearly label it ‘partner content’ in the title.
We also place advertisements. We ask our advertisers to ensure that their advertisements comply with all advertising and consumer protection laws, do not infringe anybody else’s intellectual property rights and that it is not offensive. The advertisers are responsible for any inaccuracies or any loss caused by their advertisements.
8. How do we treat your data?
Review our Privacy Notice for more information on how we collect and use personal information.
9. What notifications will you receive?
We will send out notifications about bookings, reviews and special offers.
We may send notifications via SMS to:
- Confirm a booking
- Remind you of a booking
- Prompt you to review a restaurant
- Notify you of special offers in your area
- Notify you of changes to these terms
10. Can you give feedback?
Yes, please tell us what you think of our App and its features. We may use it to make improvements or publish it
We welcome your feedback about the App. Feedback includes questions, comments, suggestions or ideas.
We will own any feedback and may use and modify it without any restrictions or payment to you. For instance, if you send us an e-mail to tell us how much you enjoy using the App, we can use a shortened version of it on our website. We will not publish your personal information with the feedback without your consent.
You can send feedback to firstname.lastname@example.org
11. What about thrid party sites?
Sometimes we link to third party sites that are not ours or under our control.
We may link to third party websites on the App. We make no claim or representation regarding, and accept no responsibility for the quality, content, nature or reliability of third party websites or content that we reference. Third party sites and content are not under our control.
12. Where does our responsibility end (disclaimers,limitation of liability, and indemnity)?
We do not guarantee that the App will always be available or that the content will be accurate. We are not involved in or responsible for the services provided by the restaurants listed on the App.
You expressly acknowledge that the use of the App and its features is at your sole risk.
We are not liable for any loss or harm which flows from your use of, or inability to use our service. Specifically, we cannot be held liable for any loss or inconvenience due to App downtime.
We are in no way involved in or responsible for the services provided by restaurants listed on the App and cannot be held liable for their actions or failure to act, the food or drink that they serve or any related activity. If you have allergies or any other special requirements, you must communicate this directly to the restaurant.
We do not actively monitor or moderate diners’ reviews of restaurants and cannot be held responsible for it. If you notice that a diner submitted malicious, abusive or threatening content, or an inauthentic or knowingly erroneous review, please notify us immediately at email@example.com
We are not liable for any loss or harm which flows from the unauthorised use of your profile. You are responsible to keep your credentials safe and to prevent unauthorised use of your devices and profile.
You will be held responsible for any claims, demands, causes of action, damages, legal and other costs, expenses, penalties, losses or liabilities resulting from third-party claims about an action, commission or omission by you that constitutes a breach or contravention of this contract or any applicable legislation. In other words, you indemnify us against third-party claims due to your breach of this contract or applicable legislation.
Although we will try to prevent it from happening, we are not responsible for any malicious code (such as a virus) which may come from this App.
13. When may we restrict your access to the App?
If we need to for technical, maintenance or security reasons, or if we determine that your profile is used in contravention of this contract.
We reserve the right to restrict access to or temporarily suspend access to the App for technical, maintenance or security reasons without compensation. We will do our best to limit this type of interruption to a minimum.
We may also restrict or suspend access if we determine in our sole discretion that
- your profile is being used by an unauthorised person
- you are in breach of this contract or any applicable law
- you use the App in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other person
14. 1. When does this contract come to an end?
You can deactivate your profile at any time by contacting us. We can do it if you breach this contract or if we withdraw the App.
You can deactivate your profile by contacting us via email at firstname.lastname@example.org
We can deactivate your profile by giving you notice at any time if:
- You breach this contract or any applicable law
- We have reason to believe that your use of the App or the use of your profile is fraudulent
- You use the App in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other person in our sole discretion;you use the App in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other person
- If we, in our discretion, decide to withdraw the App from public use
- If we no longer do business for whatever reason.
We will have no liability for any damages or losses you may suffer due to the termination.
When this contract is terminated, whether due to you deactivating your profile or because we terminated it:
- You will no longer have the right to access or use the App or any of its features/li>
- Any licenses and rights granted under this contract will terminate immediately
- The rest of this contract will continue to apply
15. What is the small print?
The laws of South Africa govern this contract. We will let you know if we make changes to it.
This is our entire contract regarding use of the App.
We may amend or update this contract from time to time. We will provide you notice via email or in-app notification and update the date at the top of this page. The ‘new’ contract will be in force from the date published at the top of this page. If you continue to use the App after the contract has changed, it means that you accept the changes. We encourage you to check the contract regularly.
This contract cannot be changed or waived through conduct.
If any term turns out to be unenforceable for some reason or another it will be severed from our contract. It will not affect the enforceability of any of the other terms of the contract.
Our rights and obligations under this contract are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.
16. How to reach us?
New Media Publishing (Pty) Ltd
New Media House
19 Bree Street
Telephone: +27 (021) 417 1111