Terms of use

About these Terms

These Terms along with our Privacy Notice is the framework for our relationship and it is important to make sure that we are always on the same page. This agreement will apply automatically when you use our website.

Because we know that people hate reading small print, we have tried to write it in accessible language and we have given you an easy to read (hopefully!) paragraph in Italics first and have bolded particularly significant clauses, but remember that the other bits are binding too, so if you have any questions, please contact info@eatout.co.za.

The last time this notice was changed? 9 February 2018

1 This is us

In summary:

This website is run by eatout.co.za (Eat Out). We are part of New Media Publishing (Pty) Ltd

1.1 This website is run by Eat Out, a brand owned by New Media Publishing (Pty) Ltd. Whenever we refer to ‘us’ or ‘we’ this is who we mean.
1.2 We are a South African company. So, if there is ever a dispute between us, South African laws will apply.

2 We own the intellectual property

In summary:

The stuff on the website is ours. Please don’t use it without asking.

Images used on listings, galleries and articles are normally provided by the restaurants and we don’t own the images.

When you post a review or provide us with other info, you give us permission to publish it.

2.1 All the content on eatout.co.za is subject to our copyright, unless another copyrightholder is credited. You may use (‘using’ includes copying, downloading, amending, publishing, broadcasting and sending by means of the internet) any content on this website:
2.1.1 For private use;
2.1.2 for commercial purposes, but only if we have provided our prior written permission for you to do so. Please send us your request for permission to info@eatout.co.za;
2.1.3 if you use the content of this website for commercial reasons, you must include this copyright notice: (2017) © New Media Publishing (Pty) Ltd – All Rights Reserved.
2.2 Unless it is clearly indicated otherwise, all the content, trademarks and data on our website, including software, databases, text, graphics, icons, hyperlinks, private information, and designs are our property or licensed to us, and are protected from infringement by domestic and international legislation and treaties.
2.3 We may revoke any licence that we grant you to use our copyright as set out in these terms, at any time and at our discretion and each licence is a non-exclusive licence.
2.4 The images used on listings, galleries and articles are provided by the restaurants, stores or markets themselves or their marketing people.
2.5 While we have permission to use them on our site, we do not own the images and therefore cannot give permission fo them to be taken off our site and used in any way.
2.6 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).
2.7 If you post on our website (for example a restaurant review) or provide us with content to post on our website (for example your restaurant details and menu) (we call this ‘your content’) you give us an irrevocable, perpetual, world-wide, non-exclusive, royalty-free, sub-licensabel and transferable license and right to use your content, 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.
2.8 You grant us the right to use the name or username you submit in connection with your content, but we are not obliged to include your name or username.

3 We take integrity very seriously

In summary:

Our policy is to only allow fair, independent and objective reviews. Here are some rules, but you can also read our editorial policy here.

3.1 When we commission reviews, we ask one of our professional critics to review it. They are not allowed to notify the restaurant (so they don’t get preferential treatment), they pay for their meals and the restaurant does not compensate us for the review in any way.
3.2 When Eat Out does get invited to openings and events and sometimes we receive gifts and samples, we inform them that this does not guarantee that we will write a story or even that we will provide social media coverage.
3.3 Any member of the public can visit a restaurant and send us their review (they are marked as user reviews). Restaurant owners and other readers can comment on the review.
3.4 We do not remove negative reviews, but we ask that you adhere to our commenting guidelines.

4 Oh behave (please)

In summary:

You must stick to the rules when you use our website.

4.1 You must not post any content or engage in any activity which:
4.1.1 Is harmful, threatening, abusive, harassing, indecent, defamatory, discriminatory, vulgar, profane, libellous, hateful, or invasive of another’s privacy;
4.1.2 constitutes an inauthentic or knowingly erroneous review;
4.1.3 violates any third party right, including the right to privacy, right to publicity or any intellectual property rights;
4.1.4 is illegal;
4.1.5 is an attempts to impersonate another person or entity;
4.1.6 distributes computer viruses or malicious code.
4.2 If we get a whiff of anything like this (and please tell us if you spot something!), we have the right to remove the content.

5 Paid for content

In summary:

We publish ‘native content’. What is it? It is paid for content that looks and feels like any other Eat Out content. We create the content (not the advertiser) and it will be labelled.

We also publish sponsored content. This kind of content is clearly pushing the advertiser’s message.

We also place advertisements. The advertisers themselves are responsible for these advertisments.

5.1 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.
5.2 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 readers can still trust the recommendations and information in the article.
5.3 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.
5.4 This content is created by Eat Out according to a brief supplied by the advertiser, but it is not published as editorial content.
5.5 This kind of content can be edited by the advertiser.
5.6 You will know this content when you see it, but we will also clearly label it ‘partner content’ in the title.
5.7 Eat Out also sells advertising space.
5.8 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.
5.9 The advertisers are responsible for any inaccuracies or any loss caused by their advertisements.

6 Where our responsibility ends

In summary:

This website is provided ‘as is’ and you use it at your own risk.

You must help us keep your information secure.

6.1 The internet is a dangerous place, and you should take precautions.
6.2 The website is provided ‘as is’. For the lawyers, this means that we make no representations or warranties.
6.3 Specifically, we do not promise that:
6.3.1 this website will be constantly available or available at all; or that
6.3.2 the information on this website is true, accurate, complete or not misleading.
6.4 We will not be liable for any loss or damage of any nature that you may suffer if you rely on the content of the website or any third party websites we refer to.
6.5 You are responsible for your own security when you use our website or any third party website that we reference in the website
6.6 Although we will try to prevent it from happening, we are also not responsible for or any malicious code (such as a virus) which may come from this website.
6.7 When you write a review, you will be asked to give us personal information and to create a username and a password. You must keep these details a secret.
6.8 If you become aware that someone else knows your username and password you must inform us immediately.
6.9 You are responsible for everything that happens on your account, even if it was not authorised by you.

7 Your privacy is important to us

In summary:

We don’t collect a lot of personal information, but what little we do collect is private.

We do collect a small amount of personal information when you create an account with us. We will protect your privacy. For more information see our privacy policy.

8 Changes

In summary:

Like much in life, this contract will have to change from time to time. Please check it regularly.

8.1 From time to time, we will have to make changes to these terms. The ‘new’ terms will be in force from the date published at the top of this page.
8.2 If you continue to use our website after the terms changed, it means that you accept the changes. We encourage you to check the terms regularly.

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