Terms And Conditions

1. Introduction

  1. This website can be accessed at TastyGallos.com, related mobi-sites and software applications (the “Website”) and is owned and operated by Tasty Gallos Pty Ltd (“Tasty Gallos”, “we”, “us” and “our”).
  2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Tasty Products, and the use of the Website.
  3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” , “Sign Up” , “Create Account” button(s) on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
  4. The Website enables you to shop online for Tasty Gallos fast food products/items that will be available for delivery and/or collection which include but not limited to Burgers , Chicken , Shawarmas , Cold Drinks (“Tasty Products”).
  5. Tasty Gallos allows Franchisees to sell their Tasty Products on the Website (each a “Third Party Seller”). Tasty Gallos and its Third Party Seller’s will only sell Tasty Products approved by Tasty Gallos. Certain terms in these Terms and Conditions only apply to purchases from Third Party Sellers, and others only apply to purchases from Tasty Gallos. This will be made clear in the relevant clause.

2. Important Notice

  1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
  2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
    • a. may limit the risk or liability of Tasty Gallos or a third party; and/or
    • b. may create risk or liability for the user; and/or
    • c. may compel the user to indemnify Tasty Gallos or a third party; and/or
    • d. serves as an acknowledgement, by the user, of a fact.
  3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.</>
  4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Tasty Gallos to explain it to you before you accept the Terms and Conditions or continue using the Website.
  5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Tasty Gallos in terms of the CPA.
  6. Tasty Gallos permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.

3. Returns

  1. Please refer to our Returns Policy for more information about returning products (and related refunds or replacements). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

4. Registration and use of the website

  1. contains or amounts to hate speech or is otherwise unlawful.
  2. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Tasty Gallos representative.

5. Conclusion of sales and availability of stock

  1. Registered users may place orders for Tasty Products, which Tasty Gallos or the Third Party Seller may accept or reject. Whether or not Tasty Gallos or the Third Party Seller accepts an order depends on the availability of Tasty Products, correctness of the information relating to the Tasty Products (including without limitation the price) and receipt of payment or payment authorisation by Tasty Gallos for the Tasty Products.
  2. NOTE: Tasty Gallos or the Third Party Seller will indicate the acceptance of your order by delivering the Tasty Products to you or allowing you to collect them, and only at that point will an agreement of sale between you and Tasty Gallos or the Third Party Seller come into effect (the “Sale”). This is regardless of any communication from Tasty Gallos stating that your order or payment has been confirmed. Tasty Gallos will indicate the rejection of your order (by Tasty Gallos itself or the Third Party Seller) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
  3. Prior to delivery or your collection of the Tasty Products, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice or order ready for collection notice.
  4. Placing Tasty Products in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Tasty Products, and as such, Tasty Products 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 Tasty Gallos or the Third Party Seller liable if such Tasty Products are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
  5. You acknowledge that stock of all Tasty Products on offer is limited and that pricing may change at any time without notice to you. In the case of Tasty Products for sale by Tasty Gallos, Tasty Gallos will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Tasty Products are no longer available after you have placed an order, Tasty Gallos will notify you and you will be entitled to a refund of any amount already paid by you for such Tasty Products.
  6. In the case of Tasty Products for sale by a Third Party Seller, Tasty Gallos relies on inventory information supplied by the relevant Third Party Seller and Tasty Gallos accordingly bears no liability for any inaccuracies in the information supplied to it.Consequently, should you order any Tasty Products from a Third Party Seller which are in fact sold-out, any resulting dispute should be resolved between you and the relevant Third Party Seller, your respective rights and obligations being as set out in these Terms and Conditions.

6. Payment

  1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
  2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
    • a. debit card; where payment is made by debit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Tasty Products will be cancelled. You warrant that you are fully authorised to use the debit card supplied for purposes of paying the Tasty Products. You also warrant that your debit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
    • b. credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Tasty Products will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Tasty Products. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
    • c. Instant EFT;
    • d. cash on delivery ; by selecting this option, you undertake to ensure that you have the exact cash on hand at the time of delivery.
    • e. Tasty Gallos Vouchers;
  3. The above payment options are explained in more detail in our Frequently Asked Questions (“FAQ”): Payment, which are incorporated by reference.
  4. You may contact us via our Contact Page to obtain a full record of your payment. We will also send you email communications about your order and payment.
  5. Once you have selected your payment method (save for cash on delivery or direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Tasty Products

7. Delivery of Tasty Products

  1. Tasty Gallos offers 2 (two) methods of delivery of Tasty Products to you. You may elect delivery via:
    • a. courier; or
    • b. self-collection.
  2. For more information about delivery, please see our FAQs. Our delivery charges are subject to change at any time, without prior notice to you, so please check the FAQs for the most up-to-date information. You will see the applicable delivery charges in your cart when you check out.
  3. Where it accepts your order, Tasty Gallos or the Third Party Seller will deliver the Tasty Products to you as soon as reasonably possible (save and except orders placed for collection) , in line with times (approximately) specified on the app. We will notify you if we are unable to deliver the Tasty Products during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Tasty Products or receive a voucher for the purchase price. If you elect to cancel your order, we will reimburse you for the purchase price.
  4. Tasty Gallos’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Tasty Gallos is not responsible for any loss, after it has delivered the product to the physical address nominated by you.

8. Errors

  1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Tasty Products on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we 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 the Returns Policy.
  2. Tasty Gallos shall not be bound by any incorrect information regarding our Tasty Products displayed on any third party websites.

9. Coupons

  1. Tasty Gallos may from time to time make physical or electronic promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of Tasty Gallos , Tasty Products. Gift Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:
  2. Coupons
    • a. There are two types of Coupons; a Coupon with a fixed amount of a discount, e.g. R100 off (“FixedCoupon“), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon“).
    • b. Coupons are issued in Tasty Gallos’s sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorised manner). Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
    • c. As a general rule, and unless specified otherwise on the specific Coupon itself:
      • i. each Coupon can only be used once;
      • ii. only one Coupon can be used per order;
      • iii. only one Coupon can be used on the Website per person per promotion/campaign;
      • iv. Percentage Coupons may only be redeemed on purchases with a total cart value of less than R5,000;
      • v. where a Percentage Coupon has been used and you wish to cancel any items in the order prior to making payment, the entire order must be cancelled. You will be issued with a new Percentage Coupon and will need to place the order again, without the item that you wished to cancel;
      • vi. a Coupon must be used at check-out – it cannot be used later on existing orders; and
      • vii. the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
    • d. Coupons cannot be used to buy Gift Vouchers or other Coupons, and cannot be exchanged or refunded for cash or credit. Tasty Gallos is not responsible for any harm due to the loss, unauthorised use or distribution of a Coupon.
    • e. If for any reason a Coupon does not reflect on the final amount due from you at check-out, you can contact us here to confirm if the Coupon is still valid. If Tasty Gallos confirms that the Coupon is still valid and you have already placed your order, you can choose whether to cancel the order and place it again with the Coupon, or you can use the Coupon on your next order within the limitations of the specific Coupon’s terms and conditions.
    • f. You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by Tasty Gallos, before you are able to use a Coupon.

10. Tasty Deals and other discounted Tasty Products

  1. From time to time, we may offer certain Tasty Products at discounted prices as part of a Tasty Deal, App Only Deal , or any other temporary deal which are explained below (each a “Deal”). These will be subject to certain conditions (as set out in these Terms and/or the Website), which define the scope of the Deal. If you buy a product within the scopeof a Deal, you will pay the discounted price for that product (the “Deal Price”).
  2. However, if you buy a product in a manner that fallsoutside of the scope of a Deal, then you will pay the then current (non-Deal) selling price on the Website (the “Normal Price”), for each product that falls outside the scope of the Deal.
  3. For example: if you buy more than one product in a Tasty Deal, you will pay the Deal Price for the first product, but the Normal Price for all products thereafter.
  4. Tasty Deals
    • a. At our discretion, Tasty Deals (“Deals”) are available on specified times within the Website. In addition, please note that Tasty Deals have a stock limit and may expire earlier if stock runs out.
    • b. Tasty Deals quantities are limited and as such, after a Tasty Deal has reached its limited quantity , those particular Tasty Products may be available on the Website at their normal selling prices (but no longer as a Tasty Deal).
    • c. We do not guarantee a specific saving. The extent of the Tasty Deal or discount is at the sole discretion of Tasty Gallos.
    • d. Only one of each Tasty Deal may be purchased per customer per day.
    • e. Adding a Tasty Deal to your cart, or completing your order for a Tasty Deal without paying for it, does not reserve the item for you. Tasty Gallos must receive payment from you within 24 hours of you placing your order for a Tasty Deal, otherwise we will cancel your order.
    • f. Tasty Gallos will reserve stock for customers in the order in which it receives payment.
    • g. By purchasing any Tasty Deal and by signing up/registering as a user on the Website, you are also automatically opting in for our Tasty Gallos newsletter (you may opt-out of these newsletters at any time).
  5. App Only Deals
    • a. We also have Tasty Deals (called “App Only Deals“) which will only be available for purchase using the Tasty Gallos software application (“App”), although they may also be displayed on the Tasty Gallos website and mobi-site. The App can be downloaded on IOS and Android devices. In addition to the above Tasty Deal Terms and Conditions, the following terms apply to App Only Deals:
      • i. App Only Deals are only available for purchase using the App and their prices may differ from the normal selling prices at which those particular Tasty Products may be available on the website or mobi-site.
      • ii. You will only receive the App Only Deal price if you pay for your order using the App before the App Only Deal has expired or sells out. You will not receive the App Only Deal price if you pay for your order using the website or mobile-site, or if you don’t pay for your order before the App Only Deal has expired or sells out.

11. Third Party Sellers

  1. The Third Party Seller is solely responsible for fulfilment of delivery of the Tasty Products.
  2. Because Tasty Gallos wants the registered user to have a safe and consistent experience, Tasty Gallos will handle any returns under the CPA or the Electronic Communications and Transactions Act 2002 (“ECT Act”), by the registered user arising out of or in connection with the Sale between a registered user and a Third Party Seller on behalf of the Third Party Seller according to Tasty Gallos’s own Returns Policy. Should such claim escalate into being a dispute, although Tasty Gallos is entitled to become involved in an attempt to resolve it, Tasty Gallos is not obliged to do so and any disputes must be resolved between you and the relevant Third Party Seller alone.

12. Privacy policy

  1. We respect your privacy and will take all reasonable measures to protect it, as more fully detailed in our Privacy Policy, which is incorporated by reference.

13. Changes to these Terms and Conditions

  1. Tasty Gallos may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
  2. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

14. Electronic communications

  1. When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy as set out in clause 15 above.

15. Ownership and copyright

  1. The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Tasty Gallos, its Directors and/or subsidiaries and/or is licensed to Tasty Gallos.
  2. You will not acquire any right, title or interest in or to the Website or the Website Content.
  3. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us via our Help Page.
  4. Where any of the Website Content has been licensed to Tasty Gallos or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

16. Disclaimer

  1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
  2. Whilst Tasty Gallos takes reasonable measures to ensure that the content of the Website is accurate and complete, Tasty Gallos makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Tasty Gallos’s representatives, Tasty Gallos shall not be bound thereby.
  3. Tasty Gallos disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
  4. Any views or statements made or expressed on the Website are not necessarily the views of Tasty Gallos, its directors, employees and/or agents.
  5. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Tasty Gallos also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Tasty Gallos, its employees, agents or authorised representatives. Tasty Gallos thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

17. Linking to third party websites

  1. This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Tasty Gallos is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
  2. Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

18. Limitation of liability

  1. Tasty Gallos cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Tasty Gallos, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our Help Page.
  2. TASTY GALLOS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
  3. YOU HEREBY INDEMNIFY TASTY GALLOS AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

19. Availability and termination

  1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
  2. Tasty Gallos may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Tasty Gallos will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
  3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Tasty Products, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
  4. Tasty Gallos is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Tasty Gallos to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Tasty Gallos, in whole or in part, on notice to you. Tasty Gallos shall only be liable to refund monies already paid by you (see Tasty Gallos Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
  5. At any time, you can choose to stop using the Website, with or without notice to Tasty Gallos.

20. Governing law and jurisdiction

  1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
  2. In the event of any dispute arising between you and Tasty Gallos, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng,Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

21. Notices

  1. Tasty Gallos hereby selects Gallo Point Cleveland (Unit 20 , Gables Commercial Park, 617 Maretsel Pl, Wychwood, Johannesburg, 1401) with a copy to be sent via email to marketing@tastygallos.com , as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Tasty Gallos may change this address from time to time by updating these Terms and Conditions.
  2. You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving Tasty Gallos not less than 7 days’ notice in writing.
  3. Notices must be sent either by hand and email (marketing@tastygallos.com) and must be in English. All notices sent –
    • a. by hand and email will be deemed to have been received on the date of delivery;
    • b. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
    • c. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTIONto serve as proof that an email has been received.

22. Information

  1. For the purposes of the ECT Act, Tasty Gallo’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
    • a. Full name: Tasty Gallos (Pty) Ltd, a private company registered in South Africa with registration number 2019/157319/07
    • b. Main business: Fast food franchise
    • c. Physical address for receipt of legal service (also postal and street address): Gallo Point Cleveland (Unit 20 , Gables Commercial Park, 617 Maretsel Pl, Wychwood, Johannesburg, 1401) (marked for attention: CEO and Legal)
    • d. Office bearers: Muhammed Gutta
    • e. Phone number: +27 (62) 524-2556 (Gallo Line WhatsApp)
  2. Email address: marketing@TastyGallos.com

23. General

  1. Tasty Gallos may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
    • a.You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
    • b. Any failure on the part of you or Tasty Gallos to enforce any right in terms hereof shall not constitute a waiver of that right.
    • c. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
    • d. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
    • e. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
    • f. These Terms and Conditions contain the whole agreement between you and Tasty Gallos and no other warranty or undertaking is valid, unless contained in this document between the parties.

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