TERMS AND CONDITIONS OF ACCESS

These terms and conditions together with our Privacy Policy (collectively, the “Terms“) will form a written contract between you and Ocean Basket (“Ocean Basket“, “we“, “us” and “our“) and will govern our relationship and your use of our Platforms and/or Services. When we refer to “Platforms” we mean all our websites, mobile sites, mobile apps, emails, social media platforms or any other technology or mechanism you may use to interact with us. “Services” refer to any products, goods, services or functionality offered, marketed, sold, owned or operated by Ocean Basket.

The general use of our Services, Platforms and any content on our Platforms is governed by our Terms. Which you can access at any time from our websites at oceanbasket.com, oceanbasket.co.za, and associated subdomains associated with these websites.

Before you go further, you must read, understand and agree to comply with our Terms.

These Terms are entered into between you (“you“, “your“, or “user“) and Ocean Basket and tells you all the important things you need to know to use the Platform, so if there is any part that you do not understand, you should ask us to explain it to you before you accept the Terms or continue using the Platform (you will find our contact details at the end of these Terms).

INTRODUCTION

These Terms apply when you access the Platform for the first time and the most recent version (replacing older versions) will apply each time you visit our Platform or log in. They are a binding legal agreement between you and us. If you do not agree to be bound by these Terms, do not access or use the Platform. By accessing the Platform, you agree that these Terms apply to you.

Before you can use certain of our Platforms, you must register with us. We may accept or reject your registration to access the Platform and its contents, using our own judgement and without giving reasons, or notice thereof.

Once registered, you will use a combination of security details to access the Platform. You must always keep your security details safe because any log in to the Platform or instructions submitted on or through the Platform will be treated as authentic. The same will apply if you delegate your authority to someone else to access the Platform.

USER AUTHORITY

If you are (or reasonably appear to be) validly acting on behalf of an organisation you confirm the authority to access and perform as such on the Platform.

An organisation is responsible for the actions of its users.

We will assume that the actions of any user are performed in accordance with the authority granted to them by their organisation. You agree that you will comply with all internal and external requirements (including authorities, policies, and instructions) that apply to the organisation that you represent.

We may check the integrity of any action, or authenticity of any use of this Platform.

The organisation and/or its duly authorised representative must tell us if any individual is no longer authorised to access the Platform and/or represent the organisation. We will process any changes within a reasonable time.

INFORMATION PROVIDED BY YOU

All information you give us through the Platform (including through any chatbot technologies that we use) must be complete and accurate. It must not be misleading nor (to the best of your knowledge) be missing any important details, as we rely on that information.

We and any agent or third party acting on our behalf can verify any information you have given us.

If you share third party information with us, you confirm that it will not breach that third party’s confidentiality, privacy or intellectual property rights.

INFORMATION PROVIDED BY US ON THE PLATFORM

The Platform provides access to various training materials, recipes, business updates, and other informational content (“Content”) for the benefit of our users. We intend for users to rely on the Content for their training, professional development, and operational needs. However, while we endeavour to ensure the accuracy, reliability, and timeliness of the Content, we make no representations or warranties of any kind, express or implied, regarding the completeness, suitability, or validity of the information provided. You acknowledge that information may be subject to errors, omissions, or inaccuracies, and you should independently verify any critical information before relying on it.

The inclusion of any specific training materials, recipes, or business updates on the Platform does not constitute an endorsement, recommendation, or guarantee of their efficacy, safety, or suitability for any particular purpose. Users are encouraged to exercise discretion and professional judgment when applying information obtained from the platform.

We reserve the right to modify, update, or remove Content from the Platform at any time without prior notice. While we strive to maintain the relevance and quality of the information provided, users acknowledge that Content may become outdated or obsolete over time.

Information sent over the Internet can be intercepted, seen, or changed. We take steps to limit these risks as explained in our Privacy Policy and we are not responsible for any loss or damage you may suffer if your information is intercepted, seen or changed while on or leaving the Platform, or in your systems or on your devices.

If you receive confidential information about us, another user or a third party you agree that you will not share that information with anyone and will use it only for the reason you received it.

USER GUIDELINES

The below restrictions apply when you upload content to the Platform, make contact with other users on the Platform, link to the Platform, or interact with the Platform in any other way:

You MUST NOT use the Platform:

• in any way that breaches any applicable laws;
• in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
• for the purpose of harming or attempting to harm any user or person in any way;
• to bully, insult, intimidate or humiliate any person;
• to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms;
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
• to engage in trolling or any form of disruptive behaviour;
• to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
• in any way that involves child sexual exploitation or abuse;
• to upload terrorist content;
• not to access without authority, interfere with, damage or disrupt:
• any part of the Platform;
• any equipment or network on which the Platform is stored or hosted;
• any software used in the provision of the Platform; or
• any equipment or network or software owned or used by any third party.

When using the Platform, you SHOULD:

• protect your personal information and refrain from sharing sensitive data with other users;
• report any suspicious activity or potential security threats to us immediately;
• engage in constructive interactions and contribute positively to discussions on the Platform;
• report any instances of harassment, bullying, or other misconduct to us; and
• maintain the security of your account by using a strong password and changing this regularly (do not share your account credentials with anyone else).

CHARGES

We do not charge fees to use the Platform. This may change and if so, we will tell you beforehand.

Data costs charged by your internet service provider or mobile phone operator will apply when you use the Platform and any questions related to your data costs must be sent to them.

The price of Products or Services your order or purchase from our Platforms are displayed on the relevant Platform. All prices quoted include Value Added Tax (VAT).

ORDERS

Payment

The following payment methods are available on our Platforms:

• Credit card: your credit card will be charged when completing the purchase.
• EFT: If you pay via direct bank deposit or electronic funds transfer, payment must be made within 24 hours of placing your order. Ocean Basket will not execute the order until receiving confirmation that payment has been received.
• Third party payments: We may offer third party payment solutions via our Platforms such as ApplePay, Snapscan and other alternative options as registered / offered in various countries and applicable to entities (restaurants) registered for the Services.

Return Policy

• Ocean Basket guarantees the quality of our Products. Your satisfaction is our foremost priority. If, for any reason, you are not satisfied with your order, please immediately contact the relevant Platform or restaurant directly, or if you could not resolve the issue, please contact the appointed customer care team, or Ocean Basket’s inhouse customer team during business hours. Quality concerns will be assessed and replacements or returns will be provided at our sole discretion.
• Should you receive an incorrect or incomplete order, please immediately contact the relevant Platform or restaurant directly, or the appointed customer care team, or Ocean Basket’s inhouse customer care team during business hours. We will review your order and replacements or rectify the order if we made a mistake.

Refunds

• The relevant Platform or restaurant will determine at its sole discretion whether a refund is applicable.
• If applicable, refunds will only be processed after inspection of the returned goods.
• Refunds will be issued via the original payment method.

Credit Card Details

We understand the importance of privacy and security. We are committed to protect the information we collect from you and guarantee that it will only be used for the purpose of processing your order and providing you with Products you requested from us. Under no circumstances will your personal details be made available to any organisation or third party.

Delivery

• Delivery is subject to receipt of payment and will be made door to door to the address specified by you in your order.
• Delivery charges, if any will be displayed on the relevant Platform when you check out, before you pay.
• The delivery service covers the selected suburbs listed on the relevant Platform.
• Delivery times and location depends on the relevant Platform.
• We will not be held responsible for any delays, outside our control and encourage you to contact the Platform’s appointed customer care team or Ocean Basket’s inhouse customer care team during business hours.
• It is your responsibility to report all lost deliveries within 24 hours to the relevant restaurant, or the Platform’s appointed customer care team, or Ocean Basket’s inhouse customer care team during business hours. Failure to do so will result in no replacement.

Cancellation

Once an order has been placed and paid for it cannot be cancelled, however, we encourage you to contact the relevant Platform or restaurant to immediately address the issue.

Waivers

You are also solely responsible for knowing about any food allergies you may have and verifying the Products and their contents before handling or consuming such Products.

Minors

If we offer alcohol-based goods, it is exclusively for adults. We shall therefore only sell and deliver alcohol-based goods to legally competent persons over the age of 18 and may request appropriate proof of age. The necessary order details – such as name, address, date of birth – must be complete and truthful.

COMPLIANCE WITH LAWS

You must comply with all laws applicable to your use of the Platform and anything directly or indirectly related to it.

SECURITY AND AVAILABILITY

We aim to keep the Platform and associated services available and running but all online services suffer occasional disruptions and outages. We will not be liable in any manner whatsoever for any outage or disruption to services, regardless of the cause of the disruption or outage.

You must maintain and secure your devices, hardware and/or software (computer equipment and programs and communication systems) for best use of the Platform and have appropriate software to protect your systems and devices against fraud and cybersecurity attacks.

If we offer any software to you on or through our Platform, the licence agreement will be between you and the software licensor (owner). We will not be responsible for your breach of a software licence. We do not expressly or implicitly warrant that any software is of good quality or suitable for its purpose. Certain files by third parties may also contain computer viruses, spyware, malware, disabling codes, worms or other devices or defects. By using the Platform, you acknowledge and accept these risks.

If you suspect that your profile or systems have been compromised by an unauthorised person, you must tell us as soon as you become reasonably aware.

We use security controls to protect the Platform from unauthorised access. Neither we nor anyone else should ever ask you for any of your security details by email or SMS. If you are ever asked for any of your security details in this way, do not give them out.

ACCESS, SUSPENSION AND TERMINATION

We may terminate your access to the Platform or suspend your status as a registered user at any time for any reason.

We may modify or discontinue (temporarily or permanently) the Platform (or any part of it) at any time, with or without notice.

WE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT YOU MAY SUFFER AS A RESULT OF ANY ACTION TAKEN IN TERMS OF THIS SECTION (ACCESS, SUSPENSION AND TERMINATION).

YOU WILL HOLD US HARMLESS IN ANY DISPUTE YOU MAY HAVE WITH YOUR EMPLOYER (WHERE APPLICABLE), WHERE YOUR ACCESS TO OR USE OF THE PLATFORM HAS BEEN SUSPENDED OR TERMINATED FOR ANY REASON.

Any licences or rights of use that may have been granted to you under the Terms will cease to exist immediately on termination.

Any claims that we have against you for a breach of the Terms will not be affected by any termination or suspension of a registered user.

COMMUNICATION

We will communicate with you through suitable means if we need to contact you.

You agree to receive contractual, notice and/or legal communications from us in an electronic form through the email address you supplied for registration, and they will have the same legal effect as if in paper form.

Emails to us or messages on the Platform will not be considered valid legal notice to us.

INTELLECTUAL PROPERTY

We and/or our third party licensors (as applicable) own all intellectual property rights on our Platform (including any updates to it) and all content published on it or sent to and from it. For the purposes of these Terms, “intellectual property” means any works of copyright, trade marks (statutory and common law), patentable inventions, patents, protectable design subject matter, designs and domain names including applications, registrations and unregistered forms of any of these, all other intellectual property rights (registered or unregistered) and the right to apply for all or any of these.

You may not use any intellectual property without our prior written permission. Nothing on our Platform is a licence (permission) to use any trademark for any other purpose without prior written permission from us or any other party that has rights in the Intellectual Property.

We give you the right to use our intellectual property in and to our Platform only for purposes of accessing and using our Platform in line with these Terms. You may not use our intellectual property for any other purpose. This right will commence when you access our Platform and will end in accordance with these Terms or by us giving you written notice if we believe or suspect that you are wrongly or unlawfully (illegally) using our Platform, at which point, you must immediately stop all use of all intellectual property in and to our Platform.

You may not do the following in relation to our intellectual property and/or third-party licensors’ intellectual property (as applicable):

• copy or claim to have any rights in such intellectual property;
• dispute or contest the validity thereof or our rights in such intellectual property; and
• damage or cause detriment thereto or to the reputation and goodwill associated with such intellectual property.

We provide the intellectual property on our Platform without any warranty of any kind, either express or implied, including non-infringement of our intellectual property. You will compensate us for any losses that we suffer because of your use of the intellectual property rights in and to our Platform.

HOW TO RESOLVE A DISPUTE WITH US

We offer the following process to help you resolve a complaint or dispute you may have with us.

Contact our customer support department Any queries or complaints in relation to our Platforms or Services can be submitted to us by contacting us at customercare@oceanbasket.com / customercareob@oceanbasket.com / +27 61 423 6541 or any of the numbers found on our Platforms.

Send us a notice of a legal dispute Without prejudice to your rights in law, you are required to first approach us with any complaint or dispute and afford us an opportunity to resolve a compliant before you approach any relevant authority, court or other dispute resolution body, or refer the matter to arbitration as contemplated below. Please direct all legal disputes to customercare@oceanbasket.com / customercareob@oceanbasket.com. You must also send any notice or legal process relating to the Terms to the address stated below under More About Us.

Arbitration You may approach any other relevant authority or dispute resolution body or refer the matter to Arbitration as set out below, for resolution of the dispute, should you not be satisfied with the proposed resolution of the dispute by Ocean Basket.

You agree that any dispute between us shall be referred to arbitration and finally resolved in accordance with the rules of the Arbitration Foundation of Southern Africa. Such arbitration shall be held either in Cape Town or Johannesburg, and conducted in the English language before one arbitrator appointed in accordance with the said rules. Any award will be final and not subject to appeal. This agreement to arbitrate shall be enforceable in and judgement upon any award may be entered in any court of any country having appropriate jurisdiction. A dispute shall be deemed to have arisen when either party notifies the other party in writing to that effect.

The arbitrator shall have the power to give default judgement if any party fails to make submissions on due date and/or fails to appear at the arbitration.

The provisions set out above shall not prevent either party from approaching any court of competent jurisdiction to obtain interim or other relief in cases of urgency.

Any payment default by you arising from, or in connection with, your use of our Platforms or Services, will be excluded from the provisions of this clause and Ocean Basket will be entitled to proceed to institute legal action against you.

LICENCE AND USAGE

We process all information collected, held, or produced as a result of your access and/or use of the Platform (including those of your end-users) including any ideas, suggestions, recommendations and experiences, and any other information that does not constitute personal information (this is any information that can identify a living natural person, or an existing juristic person) or intellectual property (feedback). We may use and incorporate feedback, for the Platform, and/or for any other purpose we choose, without payment of royalties or other benefit to you.

You agree to provide us with a non-exclusive, fully paid-up, irrevocable, perpetual, transferable and worldwide licence to use, access, collect, store, reproduce, analyse, enhance, modify, distribute, and determine the use of, all information provided, including any third party material, for purposes determined by us in our reasonable discretion, which may include marketing, diagnostics, analysis, development and correction, and promotion.

THIRD PARTY CONTENT

The Platform may include, from time to time, advertisements from third parties and/or external links to other websites possessing their own content (“Third Party Content”).

You acknowledge that the Third Party Content:

• is beyond our control and that any reliance on any representation, statement or information contained in Third Party Content is at your risk;
• cannot be verified by us, and that we cannot be expected to determine its accuracy or reasonableness; and
• may contain representations, statements or information which does not represent the views, opinions or beliefs of ours, or our associates, directors or employees.

PERSONAL INFORMATION AND PRIVACY

You must read and agree to our Privacy Policy which applies to our collection if your personal information and anything we do with your personal information once collected (this is referred to as “processing”).

You confirm that, if you provide us with personal information about or on behalf of other persons, you are authorised to:

• provide us with their personal information;
• consent on their behalf to the processing of their personal information in terms of this section (Personal Information and Privacy); and
• receive any privacy notices on their behalf.

HYPERLINKS

You may not establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise to our Platform without our prior written consent.

EXCLUSION OF LIABILITY

YOU USE THIS PLATFORM ENTIRELY AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSSES YOU OR YOUR ORGANISATION SUFFERS FROM ACCESSING AND/OR USING THE PLATFORM AND YOU WILL HOLD US HARMLESS IF ANYONE BRINGS A CLAIM BECAUSE OF YOUR USE OF THE PLATFORM AND/OR BREACH OF THE TERMS.

WHILE WE ENDEAVOUR TO ENSURE THAT THE INFORMATION ON OUR PLATFORM IS CORRECT, WE DO NOT WARRANT THE ACCURACY AND COMPLETENESS OF CONTENT ON OUR PLATFORM OR THAT THE CONTENT AND TECHNOLOGY AVAILABLE FROM OUR PLATFORM IS FREE FROM DEFECTS, ERRORS OR OMISSIONS.

WE MAY MAKE CHANGES TO THE CONTENT ON THIS PLATFORM AT ANY TIME WITHOUT NOTICE. THE CONTENT ON OUR PLATFORM MAY BE OUT OF DATE, AND IN THIS REGARD, WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT.

TO THE EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR LIABILITY OF WHATSOEVER NATURE ARISING FROM YOUR USE OR INABILITY TO USE OUR PLATFORM.

OUR PLATFORM IS SUPPLIED ON AN “AS IS” BASIS AND HAS NOT BEEN COMPILED OR SUPPLIED TO MEET ANY USER’S INDIVIDUAL REQUIREMENTS.

SUBMISSIONS OF CONTENT (LIKE CONTRIBUTION TO BLOGS, COMMENTS ON ARTICLES POSTED), POSTINGS OF ANY KIND TO OUR PLATFORM AND E-MAILS SENT TO OUR PLATFORM ARE NOT EDITORIALLY CONTROLLED BY US AND THEREFORE WE CANNOT BE HELD LIABLE FOR ILLEGAL OR UNCONSTITUTIONAL CONTENT (INCLUDING, BUT NOT LIMITED TO, DEFAMATORY OR HARMFUL CONTENT).

WE ARE NOT RESPONSIBLE FOR LOSSES CAUSED BY UNFORESEEABLE THINGS OR CIRCUMSTANCES OUTSIDE OUR CONTROL, INCLUDING A CHANGE IN LAW, REGULATION, MARKET CONDITIONS, POLITICAL OR ECONOMIC CIRCUMSTANCES, OR WHERE WE ACT TO COMPLY WITH THESE TERMS OR ANY LAW, OR DISRUPTION TO YOUR SERVICES.

WE ARE NOT RESPONSIBLE FOR LOSSES CAUSED DURING PERIODS OF MAINTENANCE (PLANNED OR UNPLANNED).

WE ARE NOT RESPONSIBLE FOR LOSSES CAUSED BY YOU RELYING ON ANY INFORMATION WE PROVIDE ON THE PLATFORM.

IF YOU HAVE A DISPUTE WITH ANY THIRD PARTY WE WILL NOT BE PARTY TO ANY SUCH DISPUTE. YOU WILL HOLD US HARMLESS AND RELEASE US FROM ALL CLAIMS, DEMAND AND DAMAGES (WHETHER THESE CONSTITUTE DIRECT OR CONSEQUENTIAL LOSS) OF EVERY KIND CONNECTED WITH SUCH DISPUTES.

UPDATES TO THESE TERMS

We may amend these Terms from time to time. Any new version of the Terms will be published on the Platform and will become effective from the date that we published it. It is your obligation to visit the Platform on a regular basis in order to determine whether any changes have been made. By continuing to use our Platform after we have published any changes to the Terms, you agree to be bound by the changed Terms.

GENERAL

These Terms are governed by the laws of the Republic of South Africa.

If any provision (in full or in part) in the Terms is found to be illegal, invalid, defective or unenforceable for any reason the remaining provisions (in full or in part) will continue to be of full force and effect.

You may not transfer any of your rights and obligations under these Terms, entirely or in part, without our prior written consent.

MORE ABOUT US

This website is operated by Ocean Basket Holding (Proprietary) Limited.

For more information on the Ocean Basket group of companies refer to our PAIA Manual available on our website.

Our address and contact details are:

1st Floor Building 13, Thornhill Office Park, 94 Bekker Road, Vorna Valley Ext 60, Midrand, 1685

Tel: +27 11 655 1300

Our email address is: customercare@oceanbasket.com /customercareob@oceanbasket.com

Our website address is: https://oceanbasket.co.za or https://oceanbasket.com

A list of officer bearers can be requested from the Information Officer, alicia@oceanbasket.com