Terms & Conditions

  1. Introduction

 

1.1 The use of http://www.chickenxpress.co.za and/or the Chicken Xpress Trading (Pty) Ltd social media channels on Facebook, Twitter and Instagram are subject to the following terms and conditions.  By using the Website and/or the Social Channels, you agree to be bound to these Terms of Use.

 

1.2 These Terms of Use constitute a fully binding agreement between you and Chicken Xpress Trading (Pty).

 

1.3 Please read these Terms of Use carefully. Your use of the Website and/or the Social Channels signifies your agreement to these Terms of Use.  If you do not agree to these Terms of Use, you are prohibited from using the Website and/or the Social Channels in any way and must refrain from any use thereof.

 

  1. The Service

 

2.1 The Website and/or the Social Channels provide Chicken Xpress company information, menu information, interactive news and competitions; and generally seeks to inform consumers and visitors, in a collaborative and interactive fashion, about the brand, the franchise opportunities and the available products and services.

 

2.2 Chicken Xpress has taken all reasonable steps to ensure that the information available on the Service is current and accurate, however it cannot guarantee the accuracy of the information nor that it is up to date.

 

2.3 Chicken Xpress disclaims all implied warranties, including but not limited to, warranties of compatibility, security and accuracy.

 

2.4 Although Chicken Xpress has taken all reasonable steps to guard against viruses or destructive codes, it gives no warranty that the Website and/or Social Channels are free of viruses or any other data or code that has the ability to corrupt or affect your system.

 

2.5 Use of the Service is entirely at the users’ own risk.

 

2.6 Chicken Xpress is not liable for any damages whatsoever relating to your use of the Service in any manner, howsoever arising, including instances of loss caused by the negligence of Chicken Xpress and/or its affiliates, partners or representatives. This includes, but is not limited to, any direct, indirect, special, incidental, punitive or consequential loss, whether in contract, statute or delict, that arises from the use of the Service, its related pages and actions, transactions (and includes any omissions) resulting from the information contained on or in the Service.

 

2.7 Chicken Xpress may, in good faith, provide links that would appear useful to its users. However, it does not make any representation regarding these websites, links or information and does not endorse the products and/or services offered on those sites. Chicken Xpress accepts no responsibility for the content or use of such websites or the information contained therein. Unless otherwise noted, the contents of this website are subject to intellectual property rights that vest in Chicken Xpress, or that vest in other entities. You are thus prohibited from using the content in the Service, its related web pages, Social Channels, electronic or written publications or any other media and/or words, phrases, names, designs or logos that are Chicken Xpress or any other entities trade marks without express written permission or unless used in accordance with these Terms of Use.

 

2.8 All information available via the Service including information on products and services and their terms and conditions, is subject to change without notice.

 

2.9 The Service, and these Terms of Use are governed by South African law and is subject to the jurisdiction of South African courts.  

 

  1. Site Security

 

3.1 You are prohibited from violating, or attempting to violate, the security of this Service. Any such violations may result in criminal and/or civil penalties against you. In terms of the Electronic Communications and Transactions Act No. 25 of 2002, you are notified that it is a criminal offence to gain unauthorised access to any restricted areas of this Website or the Service, or to otherwise interfere with the proper functioning thereof or to intercept any data pertaining to or relating to the Service. We will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the Service include without limitation:

 

3.1.1 logging into or attempting to log into a server or account that you are not authorized to access;

3.1.2 accessing data or taking any action to obtain data, information or services not intended for you or your use;

      1. probing, scanning or testing the vulnerability of any system or network, or attempting to do so;
      2. tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures;
      3. transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots, malware, corrupted files or other computer programming routines or engines or engage in conduct that could damage, disrupt or otherwise impair or interfere with a computer’s functionality or the operation of the Service;
      4. interfering with service to, or engaging in any denial of service attack of, the Service, any user, host or network including, without limitation by means of overburdening or “flooding,” any computer system.

 

  1. Other Prohibited Activity

 

4.1 In using the Service, you must not:

 

4.1.1 post, send or otherwise transmit to or through the Service any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, racist, violent, immoral, religiously offensive, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of or in breach of another person’s privacy or other rights or any material that Chicken Xpress in its sole discretion does not wish posted or transmitted on the Service;

      1. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
      2. upload or otherwise make available, files that contain images, software or other material protected by intellectual property laws, including without limitation copyright, patents, designs or trademark laws and rights of confidentiality, publicity and privacy unless you own or control the rights thereto or have received all necessary authorizations to do the same;
      3. misrepresent your identity or affiliation in any way;
      4. engage in deceptive online marketing;
      5. violate any applicable laws or regulations;
      6. or assist or permit any persons in engaging in any of the activities described above.

 

  1. Copyright

 

5.1 All content and/or software included on the Service, such as, without limitation: product information, nutritional value of products, menu contents, competition offerings and prizes,  text, graphics, logos, buttons, icons, images, video clips, audio clips and software, is the property of Chicken Xpress, its content suppliers or vendors and is protected by the laws of the country applicable in each specific context and South African and international copyright laws. The compilation (collection, arrangement and assembly) of all content on this Service is the exclusive property of Chicken Xpress and is protected by the applicable copyright laws.

 

5.2 No material from this Service may be copied, reproduced, republished, modified, adapted, uploaded, posted, transmitted, or distributed in any way without prior written permission of the copyright owner, except where otherwise provided by the copyright owner, or as specified in an applicable Open Database Licence or as specified in these Terms of Use.

 

5.3 Modification of the materials or use of the materials for any other purpose is a violation of Chicken Xpress’ copyright and other proprietary rights. Prior written permission for all other uses of materials contained herein, including reproducing and distributing multiple copies, or linking to any page of the Service, or framing of any part of this Service on another website, must be obtained from Chicken Xpress and/or the copyright owner, or achieved in accordance with an applicable Open Database License. Requests for such authorisation should be sent via email to:info@chickenxpress.co.za. For purposes of these Terms of Use, the use of any such material on any other website or networked computer environment is prohibited. All design rights, databases and compilation and other intellectual property rights, in each case whether registered or unregistered, and related goodwill are proprietary to Chicken Xpress or the appropriate copyright owner.

 

5.4 You may not redistribute, sell, modify, adapt, decompile, reverse engineer, disassemble or otherwise reduce the Service, or the software it uses to a human-perceivable form, except to the extent permitted by applicable law and on giving Chicken Xpress prior written notice of such activities.

 

5.5 All trademarks, service marks, logos and trade names, whether registered or unregistered, are proprietary to Chicken Xpress or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.

 

  1. Changes & Discontinuance to the Service

 

6.1 Chicken Xpress as owner of this Service may at any time without notice change, discontinue or remove any part or all of this Service, or discontinue access in respect of one or more geographical regions or terminate any one or more user’s access to this Service it its sole and absolute discretion.

 

  1. Disclaimer

 

7.1 In addition to clause 2.6 above, the materials in the Service are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Chicken Xpress disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, accuracy, merchantability and fitness for a particular purpose.

 

7.2 Chicken Xpress does not warrant that access to this Service or to the functions contained in the Service will be uninterrupted or error-free, that defects will be corrected, or that this Service or the server that makes it available are free of viruses or other harmful components. Moreover, Chicken Xpress does not make any representations or warranties regarding the use or the results of the use of the Service in terms of their correctness, accuracy, reliability, or otherwise.

 

  1. Limitation of Liability

 

8.1 In addition to clause 2.6 above, and to the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall Chicken Xpress, its affiliates, employees, agents or representatives be liable for any compensatory, punitive, direct, indirect, special or consequential damages that result from the use of, or the inability to use, the materials or any information in or on the Service, even if Chicken Xpress or a Chicken Xpress authorised representative has been advised of the possibility of such damages.

 

8.2 In no event shall Chicken Xpress, its affiliates, employees, agents or representatives’ total liability to you for all damages, losses, and causes of action (whether in contract, delict (including, but not limited to, negligence) or otherwise) exceed five hundred South African Rand.

 

  1. Indemnity

 

9.1 You agree to indemnify, defend and hold Chicken Xpress, its affiliates and/or any of its and their directors, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of these Terms of Use; and/or (ii) your activities in connection with this Service.

 

  1. Privacy

 

10.1 Chicken Xpress respects your privacy during your use of the Service. Our updated privacy policy is readily accessible at Privacy Policy and is an integral part of these Terms of Use. Since the privacy policy is subject to periodic updates, it is recommended that you periodically review the policy for updates.

  1. General

 

11.1 Chicken Xpress may revise these Terms of Use at any time without notice. Although we will endeavor to highlight any changes to these Terms of Use, you should revisit the Service periodically to make sure you are aware of the most recent terms, because they will be binding on you. Your use of the Service after such change(s) constitutes your agreement to such changes.

 

11.2 This Agreement shall be governed by and interpreted according to the laws of the Republic of South Africa and the parties consent to the non-exclusive jurisdiction of the High Court of South Africa, KwaZulu-Natal, Durban, in respect of any proceedings arising out of or in connection with this Agreement. The parties agree that this agreement shall, for purposes of jurisdiction, have been concluded at our head office at Suite 235a, Island Office Park, 37 Island Circle, Riverhorse Valley, Durban.

 

11.3 If you have any questions or complaints regarding these Terms of Use, or have any queries or comments in relation to the Service, please contact  info@chickenxpress.co.za and we will endeavor to respond to you promptly.

 

11.4 Each provision of these terms of use shall be severable from the other provisions. Should any provision be found by a court of competent jurisdiction to be invalid or unenforceable for any reason, the remaining provisions of these terms of use shall nevertheless remain binding and continue with full force and effect.

 

11.5 It is agreed and recorded that the purpose of the Website is, inter alia, to promote the Social Channels of Chicken Xpress on Facebook and other applicable social media platforms; users therefore specifically agree to the following code of conduct:

 

11.5.1 You agree to use the Service in accordance with all applicable laws;

11.5.2 We respect the constitutional right to freedom of speech and encourage robust intellectual debate. Your right to free speech is subject to the provisions of the Constitution and applicable South African precedent.

11.5.3 You agree not to post any advertising or any form of commercial solicitation, including, but not limited to, spamming anywhere on the Service.

11.5.4 You agree not to post any content that contains viruses or other harmful items anywhere on the Service.

11.5.5 We reserve the right to remove content, block access or take other action which we deem appropriate in the circumstances against any content which violates the above rules and guidelines.

11.5.6 If a third party claims that any material you have contributed to the Service is unlawful, you will bear the burden of establishing that the material complies with all applicable laws.

11.5.7 You agree that you will not access or attempt to access any other user’s account, or misrepresent or attempt to misrepresent your identity while using the Service.

11.5.8 You agree that you will not restrict or inhibit any other user from using and enjoying the Service.

11.5.9 You agree that you are responsible for maintaining the confidentiality of your account and password, if any, and for restricting access to your computer, and agree to accept responsibility for all activities that occur under your account or password.

 

11.4 In terms of the Electronic Communications and Transactions Act No. 25 of 2002, you are hereby informed that:

 

Full name and legal status: Chicken Xpress Trading (Pty) Ltd

             Physical address: Suite 235a, Island Office Park, 37 Island Circle, Riverhorse Valley, Durban 

             Telephone number: 031-569-1900

             E-mail addressinfo@chickenxpress.co.za

END