Legal Terms and Conditions for the Pizza Hut Website
This is version 1.0 of these Terms and Conditions. These Terms and Conditions were implemented on 1st September 2014. You may Access the Sites (defined below) on condition that You accept these Terms and Conditions as they are and without any modifications to them by You. These Terms and Conditions are a binding contract between You and Us so it is very important that You read them carefully and ensure that You understand and accept them. If You Access the Sites, We will take that to mean You have read and understand these Terms and Conditions and agree to them. If You do not agree with any provision contained in these Terms and Conditions, please do not Access the Sites. We reserve the right, in our sole discretion, to, and You agree that We may, amend these Terms and Conditions at any time, in any way and from time to time. We will publish the amended Terms and Conditions on This Website and notify You by way of notice on this Website and on any other Sites (where applicable) that the Terms and Conditions have been amended. These amendments shall come into effect immediately and automatically upon the publishing thereof on this Website. It is your responsibility to review these Terms and Conditions regularly and to ensure that You agree with any amendments to these Terms and Conditions. If You do not agree with any amendments to these Terms and Conditions, You may no longer Access the Sites. Chapter VII of the the ECT Act grants rights to any natural person (in other words, living human beings) who enters or intends entering into what is known as an “electronic transaction” with Us on the Sites. None of these Terms and Conditions are intended to limit the rights the ECT Act grants You.
Important provisions pertaining to legal liability
These Terms and Conditions contain provisions which limit our exposure to legal liability and even make You responsible for a variety of acts. Some of these provisions do have the effect of limiting your rights in law and conferring obligations on You by virtue of your agreement to these Terms and Conditions. It is therefore important that You familiarise yourself with these provisions before You Access the Sites and that You not Access the Sites if You do not agree to abide by those provisions.
Legal age and capacity
You may not Access the Sites and may not accept these Terms and Conditions if You lack the legal capacity to enter into a binding contract with Us; are a person barred from Accessing the Sites under the laws of the Republic of South Africa or other countries including the country in which You are resident or from which You Access the Sites. By Accessing the Sites and/or the Content You represent and warrant that You are of full legal age, or are emancipated or have your parent/guardian’s consent to enter into a contract being these Terms and Conditions
We may change aspects of the Sites
We may add new features and modify or even discontinue existing features without notice to You and in our sole discretion. You agree to this. You are free to stop Accessing the Sites at any time without notifying Us. Content accessible through the Sites may not be appropriate for all users and while We take steps to monitor and remove objectionable Content, it remains solely your responsibility not to consume inappropriate Content or to prevent underage users from Accessing this Content where it is within your control to do so. The Sites will contain Content that We, You and other Users create. Some of this Content will be directed to or appear on 3rd Party Websites (which may include the Social Networks). Your use of those 3rd Party Websites is subject to both these Terms and Conditions and the Terms and Conditions applicable to those 3rd Party Websites (which may include the Social Networks’ Terms of Use, and in this regard, the Social Networks’ Terms of Use shall be incorporated herein). You agree that it remains your obligation to familiarise yourself with the 3rd Parties’ Terms and Conditions (including, where appropriate, the providers’ terms) and to comply with both them and these Terms and Conditions. In the event there is a conflict between these Terms and Conditions and a 3rd Party’s terms of use (including, where appropriate, the Social Networks’ Terms of Use), these Terms and Conditions shall prevail for the purposes of your Access to the Sites.
Interpretation
These Terms and Conditions may contain a number of terms and phrases which have a specific meaning in this document. In these Terms and Conditions, headings are for convenience and shall not be used in its interpretation. Any reference in these Terms and Conditions to a Party shall, if such Party is liquidated or sequestrated (the meaning of which includes any analogous proceedings in any other jurisdiction), be applicable also to and binding upon that Party’s liquidator or trustee, as the case may be. Unless We indicate to the contrary in these Terms and Conditions, any references to any gender includes the other genders, a natural person includes an artificial person and vice versa, the singular includes the plural and vice versa.
Definitions
The following expressions shall bear the meanings assigned to them below and related expressions shall bear corresponding meanings:
All annexures, addenda and amendments to these Terms and Conditions form an integral part of these Terms and Conditions and, therefore, our contract with You. The Sites: We operate the Sites as extensions of our information, education and marketing initiatives. Information about the Sites may be found on the Site concerned.
Registration
You may be required to register on the Sites if You wish to Access the Sites. Registration is achieved using a registration form available on the Sites (where you register with the Social Networks to Access the Branded Sites You grant permission to the Social Networks to pass certain of your personal information to Us to enable You to Access the Sites). Registration with the Social Networks is subject to the Social Networks’ Terms of Use. When You register on the Sites You may be asked to select a user name and password which You will use to secure your account. Once registered You will be able to log into your account using your user name and your password or your relevant account information with your preferred authentication service. In order to successfully complete the registration process, You are required to submit information about yourself and your preferences to Us (“Registration Data”). The use of your Registration Data is dealt with in our Privacy Policy below, which, for the avoidance of doubt, forms part of these Terms and Conditions. You warrant that the Registration Data is accurate, current and complete (this includes Registration Data We may receive from the providers). You will be denied Access to the Sites should You breach this warranty or subsequently be found to have breached this warranty. We will take steps to verify your Registration Data once You have completed the requisite registration process using a verification email sent to your given email address. You agree to this verification process and irrevocably consent to Us gaining Access to relevant information held by 3rd parties (including, but not limited to the Social Networks) which may be required to reasonably complete the verification process. You acknowledge and agree that Access to the Sites may be limited until such time as the verification process has been successfully completed. Should You not agree to the verification process as contemplated above or withhold your consent, your Access to the Sites, generally, may be suspended or terminated and You waive any claims You may have against Us, our officers, directors, employees, servants, agents and/or contractors arising out of our denial of Access to You to the Sites.
You agree that the security of your account is solely your own responsibility. You further agree that:
Users’ code of conduct
You may not Access the Content or the Sites for or in conjunction with any illegal, unlawful or immoral purposes or for purposes prohibited by these Terms and Conditions. You may not frame the Sites in any way whatsoever except as permitted by the Sites’ functionality (details may be found on the Sites concerned) or otherwise without our prior written permission. Recognising the global nature of the Internet, You agree to comply with all local laws, rules and regulations regarding your conduct on the Sites as well as the providers’ terms. You agree to adhere to generally acceptable Internet and email etiquette. In this regard, without being limited to the examples listed below, You agree not to:
Should You engage in any one or more of the above practices, which shall be determined in our sole discretion (and which decision shall be final), then We shall be entitled, without prejudice to any other rights We may have, to:
Promotional Competitions
We may conduct promotional competitions from time to time on one or more of the Sites. While those promotional competitions will have specific terms and conditions which apply to and govern those promotional competitions, the Promotional Competition Rules will apply to and govern all promotional competitions unless we specify otherwise in writing.
Licenses
Our license to You We grant You a personal, revocable, worldwide, royalty–free, non–commercial, non–transferrable and non–exclusive licence to Access the Content on the Sites. This licence is for the sole purpose of enabling You to Access the Sites, in the manner permitted by these Terms and Conditions. In the event We revoke this license, You may no longer Access the Sites or the Content on the Sites. You may not (and You may not permit anyone else to) copy, modify, create an adaptation of, reverse engineer, decompile or otherwise attempt to extract the source code of the Sites or any part thereof, unless this is expressly permitted or required by law, or unless We have specifically told You that You may do so, in writing. Unless We have given You specific written permission to do so, You may not transfer, through an assignment of rights, sub–licence or otherwise, your rights to use the Sites or otherwise transfer any part of your rights to use the Sites. To the extent that any copying, reproduction, distribution, transmission, display, broadcasting or publishing of any Content is expressly permitted (such permission to be interpreted in its most restrictive sense) You may do so, provided that all trademarks, trade names and all copyright, ownership, proprietary and confidentiality notices as are included on the original Content are retained and displayed without alteration or modification and not in any manner obscured or removed. You acknowledge that You do not acquire any ownership rights or rights of use in or to any Content by copying, reproducing, distributing, transmitting, displaying, broadcasting or publishing that Content except where explicitly permitted to do so.
Caching (generally being storage of information/data for later use or Access) of the Sites shall only be permitted if:
Your license to Us
We do not claim any ownership rights in the Content that You Post to the Sites. You retain any rights that You may already have in your Content when You Post your Content to or otherwise Access the Sites, subject to the limited license You grant to Us. By Posting any Content on or through the Sites, You grant Us an irrevocable, non–exclusive, commercial, fully–paid, royalty free, transferrable and worldwide license to moderate, use, modify, delete from, add to, publicly perform, publicly display, reproduce, commercialise or otherwise distribute such Content on or through the Sites including without limitation, distributing part or all of the Sites or Content in any media formats and through any media, partners’ or affiliate channels and make use of the Content in our advertising campaigns.
The license You grant to Us means that:
You also agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any Content You Post on or through the Sites. Privacy Policy We shall take reasonable steps to protect your personal information. For the purposes of this clause “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000.
What We collect
We may electronically collect, store and use personal information. If You don’t consent to the collection and storage of Your personal information, please do not Access or register on the Sites. Before any of Your personal information is used, you will be asked to consent, and such request for consent will be sent to you via email. This personal information includes, but is not limited to, the following:
What We do with your personal information
We collect, store and use the personal information described in order to (but not limited to the following) –
YUM only shares personal information with other companies or individuals outside of YUM in the following limited circumstances:
We may collect, maintain, save, compile, share, disclose and sell Your personal information subject to the following:
Opting out
The personal information is collected either electronically (for example, through the use of cookies) or is provided voluntarily by Users. We provide you with choice as to whether We send you information about special products and services in the future, and whether information is sent by Our franchisees, agents or 3rd party service providers. You may also change this choice in the future by contacting Us with this request, although it may also be necessary to contact any other organisations which have obtained Your information to indicate Your choice at this stage. Cookies are pieces of information that a website transfers to your computer’s hard disk for record keeping purposes. Most web browsers are set to accept cookies (you can determine how your web browser manages cookies by taking advantage of its cookie management settings). Our site uses cookies to keep track of what You have purchased. We also use cookies to deliver content specific to your interests, to save Your password so you do not have to re–enter it each time you visit This Website, and for other purposes relating to Your transactions on this website. Cookies also help us estimate Our number of Unique Users and determine overall traffic patterns through this website. If You do not wish to receive any cookies Your may set your browser to refuse cookies. However, this may mean You will not be able take full advantage of YUM’s services. You may request details of Your personal information which We collect, store and use. The process You should follow is detailed in our Promotion of Access to Information manual, details of which are set out below. Personal information collected from You may be deleted from the website and member databases when your account on the website is terminated for any reason. In the event that Your personal information is inaccurately or incompletely reflected on the website, You agree that it is Your responsibility to notify Us of this fact and to supply Us with the accurate or complete information to enable Us to address your concerns.
Remarketing
Pizzahut.co.za uses all features of Analytics for “Display Advertisers” this allows us to collect certain information and to provide visitors (“you”) with tailored information upon each visit. This includes obtaining specific visitor cookie data, such as the source, medium and keyword used to visit our website. Google Analytics however does not store any visitor specific data and we will not use visitor specific data in any way related to Analytics, Google Adwords, and Remarketing. Cookies are a common part of many commercial websites that allow small text files to be sent by a website, accepted by a web browser and then placed on your hard drive as recognition for repeat visits to the Site. Every time you visit our Site, our servers, through cookies, pixels and/or GIF files, collect basic technical information as described.
You do not need to enable cookies to visit our Site; however, some parts of the Site and some services may be more difficult or impossible to use if cookies are disabled. We also use cookies on the Site to identify an index key with Our e-cards (online postcards). Our web servers may also automatically identify your device by identifiers like IP or MAC addresses. We may use this information for a variety of business purposes, including to analyze trends, administer the Site, track users’ and Unique Users’ movements and gather broad demographic information for aggregate use. Our web servers may also automatically identify your device by identifiers like IP or MAC addresses. We may use this information for a variety of business purposes, including to analyze trends, administer the Site, track users’ movements and gather broad demographic information for aggregate use.
Pizzahut.co.za uses remarketing with Adwords and analytics to display content specific advertisements to visitors that have previously visited our site when those visitors go to other websites that have the Display Network implemented. Pizzahut.co.za and other third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the Mediamind cookie) together to inform, optimize, and serve ads based on visitor’s past visits to our website.
We take our users’ privacy very seriously. We feel that certain personal information should always be kept private, so we’ve developed restrictions around the types of ads where we don’t allow remarketing. When creating remarketing lists, we cannot use any sensitive information about users. This includes information such as their financial status, sexual orientation, and other sensitive categories.
As adwords advertisers, we are restricted from and will not perform the following actions:
Creation, Migration and Use of Remarketing Lists. We must have all rights necessary to create or otherwise obtain Remarketing Lists, migrate Remarketing Lists to, and use Remarketing Lists or Similar Audience Lists on the Properties. Google will not allow another advertiser to use your information in the Remarketing Lists or Similar Audiences Lists without your consent.
Software and equipment
It is your responsibility to acquire and maintain, at your own expense, the computer hardware, software, communications infrastructure and Access accounts required to Access the Sites.
Liability
Disclaimers and limitation of liability
your use of and reliance on the sites is entirely at your own risk. the sites are provided “as is”. although we take steps to verify information presented on or through the sites, we do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information contained in, displayed on, linked to or distributed through the sites or the content other users may publish to the sites. you acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. we reserve the right, in our sole discretion, to correct any errors or omissions on the sites without notice to you. information, ideas and opinions expressed on or through the sites should not be regarded as professional advice or our official opinion and you are strongly advised to seek professional advice before acting on suchinformation. to the fullest extent permissible by applicable law, we disclaim all warranties of any kind, whether express or implied, including without limitation to the implied warranties that the content published to the sites (or the sites themselves, for that matter) is fit for any purpose other than as a reference work in respect of the content provided on the sites. whilst we take reasonable precautions in our operation of the sites, you agree that neither we or yum’s associates shall be liable in respect of any loss, damage or damages however arising and whatever the cause, in particular pursuant to and in furtherance of this agreement, your access to the sites or from your inability to access the sites. we will use reasonable endeavours to make the sites available to you, and keep the sites available to you at all times. however, you agree that we shall not be liable in respect of any loss or damage caused by or arising from the unavailability of, any interruption in or your access to the sites (either in part or as a whole) for any reason whatever.
Indemnity
you hereby indemnify us and yum’s associates from any loss, damage, damages, liability, claim or demand due to or arising out of your use of the sites or breach by you of these terms and conditions. we are not responsible for files and data residing on your account or for any contributions you may have made to the sites. you agree to take full responsibility for files and data transferred and your content as well as to maintain all appropriate backup of files and data stored on our servers.
Rights infringement
If You are of the view that your rights have been infringed through the unlawful use of the Sites by registrants or third parties, You may address a complaint to Us which satisfies the following requirements and/or contains the following information:
Please either contact Us on the Sites or address your communications to:
We will investigate the complaint on receipt of a complete and properly formulated complaint notice and will take appropriate action where necessary. Such action may include, but is not limited to, removing the offending Content from the Sites and/or suspension or termination of the offending registrant or third Party.
Dealings with 3rd
parties links to and from the sites from and to other websites belonging to or operated by 3rd parties (“linked websites”) do not constitute our endorsement of such linked websites or their contents nor do we necessarily associate ourselves with their owners or operators. you are solely responsible for identifying and familiarising yourself with any terms and conditions which will govern your relationship with such third party. we have no control over linked websites and you agree that we are not responsible or liable for any content, information, goods or services available on or through any such linked websites or for any damage, damages or any other loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, information, goods or services available on or through any such linked websites. you agree that where you access linked websites, you do so entirely at your own risk. your interaction, correspondence or business dealings with 3rd parties which are referred to or linked from or to the sites is similarly entirely at your own risk and are solely between you and such 3rd party including the acquisition, disposal, payment and delivery of any goods or services, and any terms, conditions, warranties or representations associated with such interaction, correspondence or business dealings.
Arbitration
any provision of these Terms and Conditions, or its application or termination, then We agree that We will attempt to resolve our dispute informally by means of joint co–operation or discussion between the parties directly involved in the dispute within 5 days after that dispute arises or such extended time period as We may agree to with You. In the event that We are unable to informally resolve our dispute, that dispute shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator appointed by the Foundation. Arbitration proceedings shall take place in Johannesburg.
To the maximum extent permissible by applicable law:
Notwithstanding the aforegoing, nothing in this clause shall be construed as precluding either Party from applying to court for a temporary interdict or other relief of an urgent nature, pending the decision of the award of the arbitrator in terms of this clause. This clause is severable from the rest of this agreement and shall therefore remain of full force and effect even if this agreement is terminated or cancelled for any reason at any time.
Governing law and jurisdiction
The Sites are controlled and maintained from our facilities in the Gauteng province of the Republic of South Africa. You irrevocably agree that the law of the Republic of South Africa shall govern the Sites and these Terms and Conditions. You consent to the jurisdiction of the South Gauteng High Court, Johannesburg, South Africa in respect of disputes which may arise out of your Access to the Sites and these Terms and Conditions. To the maximum extent permitted by applicable law, You also irrevocably and unconditionally consent to the jurisdiction of the Magistrates Court (in the event that we exercise proceedings in such Court) even though the value of a claim which We may have against You may exceed the ordinary monetary jurisdiction of the Magistrates Court.
Legal service of documents and notices
We choose the addresses below for all communication purposes under these Terms and Conditions, whether in respect of court process, notices or other documents or communications of whatsoever nature. We may monitor your communications Subject to the provisions of the RIC Act, You agree to permit Us to intercept, block, filter, read, delete, disclose and use all communications You send or Post to or using the Sites and/or to our staff and/or employees. You agree and acknowledge that the consent You provide above satisfies the “writing” requirement specified in the ECT Act and in the RIC Act.
Severability
Any provision in these Terms and Conditions which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto (as if it were not written) and severed from these Terms and Conditions, without invalidating the remaining provisions of these Terms and Conditions.
Termination
If You breach any of these Terms and Conditions, We may immediately, automatically and without notice to You, terminate your Access to the Sites, and/or prohibit your future Access to the Sites, and/or take appropriate legal action against You (including without limitation, applying for urgent and/or interim relief or claiming damages), without incurring any liability to You of any nature whatsoever and howsoever arising, and all of our rights in this regard are expressly reserved.
Disclosures required by the ECT Act
Access to the Content on or through This Website and This Website itself are classified as “electronic transactions” in terms of the ECT Act and therefore You have the rights detailed in Chapter VII of the ECT Act and We have the duty to the disclose the following information: Our full name and legal status: Yum Restaurants International (Proprietary) Ltd, Registration Number 1994/003839/07
Street address:
Yum Restaurants International (Pty) Ltd
Block C
Nicol Main Office Park 4 Bruton Road Bryanston
2021
Postal address: P O Box 71105, Bryanston, 2091, Johannesburg, South Africa
Physical address for receipt of legal service: Yum Restaurants International (Pty) Ltd Block C
Nicol Main Office Park 4 Bruton Road Bryanston
2021
Main business: Quick service restaurants
Website address: www.Yum.co.za
Official email address: xxxxxx
Membership of self–regulatory or accreditation bodies: Consumer Goods Council
Advertising Standards Authority
Codes of conduct to which We subscribe: Consumer Goods Council
Advertising Standards Authority
Governing Terms and Conditions: These Terms and Conditions.
Manual in terms of the Promotion of Access to Information Act 2 of 2000: May be requested from official email address. Management:
Directors: XXXXX and Tanya van Schalkwyk
Costs associated with the Access to and use of This Website: There are no costs associated with Access to This Website Dispute resolution: Both as provided for in codes of conduct which we subscribe to as well as above Cooling off period: Not applicable. Complaints process: See clause above. General terms You agree that:
These Terms and Conditions constitute the whole agreement between You and Us relating to your Access to and use of the Sites. No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these Terms and Conditions which We may show, grant or allow You shall operate as an estoppel against Us in respect of its rights under these Terms and Conditions nor shall it constitute a waiver by Us of any of our rights and We shall not thereby be prejudiced or stopped from exercising any of its rights against You which may have arisen in the past or which might arise in the future. Nothing in this agreement shall create any relationship of agency, partnership or joint venture between You and YUM and You shall not hold itself out as the agent or partner of YUM or as being in a joint venture with YUM.
T & C’s for Buy One Get One Free on your first online order when you register.
PIZZA HUT•FRIDAY, 24 NOVEMBER 201732 reads
Terms & Conditions: The Buy one Get one Free offer on your first online order is only valid for first time registration of your account on the Pizza Hut online ordering platform and orders placed via Pizza Hut Online and with your registration . The voucher is not redeemable against delivery fees and driver tips. The voucher is not transferable and is only valid for the mobile number on which the registration was received. The voucher cannot be exchanged for cash. The voucher can only be used once per customer. Only one voucher can be used per order. The voucher is only valid in RSA. The voucher is not redeemable in-store. The voucher is only valid for a limited period only and will end at any given time. This offer is only applicable to one Pizza and one free per registration and excludes chocolate pizza.