Terms and Conditions

1. The Purpose of These Terms

1.1 What these Terms cover. Under these Terms (defined in clause 4.1 below) we license our customer (“you”, “your” or “User”) to use (as applicable and as permitted in these Terms):

• (a) the website at joinappetite.com and all applicable subdomains (the “Site”);
• (b) the Appetite App mobile application software and the data supplied with that software (together, the “App”), any updates or supplements to it;
• (c) the social media channels, newsletter communications and any other channels through which we promote our services (the “Communication Channels”); and
• (d) the materials, functions, services and digital content provided through the Site, the App and the Communication Channels (whether you are receiving them for your personal use or on behalf of another), together, (a)-(d) being the “Appetite Services”, and any services, including promotions and offers that we run for third parties, offered through the Appetite Services (the “Appetite Products”).

1.2 Why you should read these Terms. Please read these Terms carefully before using any aspect of the Appetite Services.

2. Who We Are

2.1 Who we are. We are APPETITE DINING APP (Pty) Ltd, incorporated and registered in South Africa with registration number 2026/406566/07, and whose registered office is at Unit 8 Abbeydale House, 4 Queen Street, Durbanville, Western Cape, 7550 (“we”, “us”, “our” or “Appetite”).

3. Support and How to Tell Us About Problems

3.1 Support. If you want to learn more about the Appetite Services or the Appetite Products or have any problems with them please take a look at our support resources on the App Settings page of the App and on the Support page of the website.

3.2 Contacting us (including with complaints). If you wish to contact us for any reason, please email our customer service team at support@appetitesouthafrica.com.

3.3 How we will communicate with you. If we have to contact you we will do so by email or by SMS, using the contact details you have provided to us.

4. Our Legally Binding Agreement With You

4.1 Our Terms. The terms set out in this document (the “Terms”) form a legally binding contract between us and you in relation to your use of the Appetite Services and receipt of the Appetite Products. The Terms apply to you whether you are visiting the Site, using any element of the Appetite Services, or purchasing or redeeming any Appetite Products (a “User”). If you intend to become a User you will first have to accept the Terms as part of the registration process. You should read the Terms carefully and we recommend that you print or save a copy of them for future reference. By using or engaging with any element of the Appetite Services or Appetite Products, you confirm that you accept the Terms and that you agree to comply with them. If you do not agree to the Terms, you must not use or engage with any element of the Appetite Services or Products.

4.2 Third party terms.

• (a) For Android users: How you can use the Android version of the App may also be controlled by Google Play Store's terms and conditions and policies, so you should familiarise yourself with them. Google Play Store's terms and conditions and policies will apply instead of these Terms where there are differences between the two.
• (b) For iOS users: How you can use the iOS version of the App may also be controlled by Apple App Store's terms and conditions and policies, so you should familiarise yourself with them. Apple App Store's terms and conditions and policies will apply instead of these terms where there are differences between the two.

4.3 Errors in, and changes to, the Terms. If you think that there is a mistake in the Terms or would like to suggest changes to them, please contact us at support@appetitesouthafrica.com, detailing your suggested corrections or changes in writing. This can help to avoid any uncertainty around what you expect from us, and what we expect from you.

4.4 Definitions. For the purposes of the Terms: (i) “Consumer” means any natural person who is acting for purposes that are wholly or mainly outside their trade, business, craft or profession; (ii) "Writing" includes emails (i.e. when we use the words "writing" or "written" in these terms, this includes emails); (iii) “Documentation” means any user guides, help materials or instructions that we make available for the App; and (iv) any other capitalised terms used in this document have the meanings given to them elsewhere in this document.

5. Your User Account Obligations and Restrictions

5.1 The Appetite Services are only for adult users. You warrant that you are at least 18 years old.

5.2 Warning for Users outside South Africa. The Appetite Services are directed to persons residing in, or operating out of, South Africa and are designed to be compliant with the applicable laws and regulations of the Republic of South Africa. We do not represent that the Appetite Services are appropriate for use or available in other locations, and if you are resident in a country other than South Africa you use the Appetite Services at your own risk.

5.3 Licence of content in User Account. By registering as a User, you grant to us a non-exclusive, royalty-free, perpetual licence to use the content that you upload to the personal account that we set up to enable your use of the Appetite Services through the Site or the App (your “User Account”), as edited from time to time, for all purposes connected with the Appetite Services or referred to in the Terms with the right to use, modify, display, distribute and create new material using or incorporating that content in order to provide the Appetite Services to you, and you grant us the right to sub-licence these rights to third parties. You acknowledge and agree that we may disclose your identity and information relating to your User Account to third parties where required or permitted by applicable law, including pursuant to a court order.

5.4 Licence of data generated through Appetite Services. Your inputs into the Appetite Services, and the outputs that you generate, will be fully accessible by, and visible to, Appetite. By registering for the Appetite Services, and consenting to these Terms as part of the registration process, you grant to us a non-exclusive, royalty-free, perpetual licence to use your fully anonymised inputs into, and the outputs generated by, the Appetite Services in any way, and for any purpose, that we see fit with the right to use, modify, display, distribute and create new material using or incorporating that information, and you grant us the right to sub-licence these rights to third parties.

5.5 Duty to provide accurate information. You agree to provide us with accurate information for the purposes of your User Account, and not to misrepresent your identity or information. We are under no obligation to check the accuracy of the information that you provide to us, but you hereby authorise us to (directly or through a third party) obtain, verify and record information and documentation that helps us to verify your information if we wish to do so. You will notify us promptly if any of your information changes.

5.6 Duty to keep information confidential. If you provide or are provided with login details, a user identification code, password or any other piece of information as part of our security procedures, you must treat that information as confidential and you must not disclose it to any third party. Your log-in details may only be used by you; any other individual or business must only access the Appetite Services if they are using their own distinct log-in details.

5.7 Duty to prevent unauthorised access. You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Appetite Services. If you suspect or become aware of any such unauthorised use of the Appetite Services (including your account) or any other breach of its security, you shall immediately notify us of any details reasonably required in connection with such unauthorised access. We are giving you personally the right to use the App as set out in these Terms. If you sell any device on which the App is installed, you must remove the App from it.

5.8 How you may use the App. In return for your agreeing to comply with these Terms you may:

• (a) download or stream a copy of the App onto devices and view, use and display the App for your personal purposes only. In addition, you may share the App and the Appetite Services in accordance with the rules set out in the Google Play Store (if you are an Android user) or the Apple App Store (if you are an Apple user);
• (b) use any Documentation to support your permitted use of the App;
• (c) provided you comply with this clause 5 and clause 6, make up to one copy of the App and the Documentation for back-up purposes, provided this is permitted by the rules set out in the Google Play Store or the Apple App Store (for Android and iOS users respectively); and
• (d) receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.

5.9 Operating system requirements and configuration. You are responsible for configuring your device, information technology, computer programs and platform to access the Appetite Services.

• (a) If you are an Android user: To use our mobile application on an Android device, you must have a mobile device with a minimum Android operating system version of 7.0 Nougat or higher, as required by the Google Play Store.
• (b) If you are an iOS user: To use our mobile application on an iOS device, you must have a mobile iOS device with a minimum operating system version of iOS 16 or higher, as required by the Apple App Store.

5.10 Responsibility to back-up content and data used with the Appetite Services. It is your responsibility to back-up your content and data used with the Appetite Services. We accept no responsibility for backing-up your content and data.

5.11 Our right to suspend or disable your User Account. We have the right to suspend or disable your User Account on reasonable grounds, including for security reasons or where you are in breach of these Terms. Where it is reasonable and practicable to do so, we will notify you before or promptly after, taking such action.

5.12 Your right to delete your User Account. You can delete your User Account at any time on the App Settings page or by contacting us at support@appetitesouthafrica.com.

6. Your Use of the Appetite Services

6.1 We are the owner or the licensee of all intellectual property rights in materials published on or through the Appetite Services and Appetite Products and any software, logos, branding or domains contained within or made available through the Appetite Services and Appetite Products. Those works are protected by copyright laws and treaties around the world and all such rights are reserved. The right to use the Appetite Services is licensed (not sold) to you. You have no intellectual property rights in, or to, the Appetite Services and Appetite Products other than the right to use such in accordance with these Terms. These Terms do not grant you any rights to, under or in, our intellectual property rights, including (but in no way limited to) any patents, copyright, database rights, trade secrets, trade names and trade marks (whether registered or unregistered). You are not permitted to use our business name, trading name, logos or branding without our approval and you shall not remove or in any manner alter any logo, brand name, product identification, proprietary mark, trade mark notice, copyright notice, or other notices contained in or comprising part of the Appetite Services and Appetite Products.

6.2 No right to copy, reverse engineer, etc. You agree that you will:

• (a) not copy any element of the Appetite Services, except as part of the normal use of the Appetite Services or where it is necessary for the purpose of back-up or operational security;
• (b) not translate, merge, adapt, vary, alter or modify, the whole or any part of the Appetite Services nor permit the Appetite Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Appetite Services on devices as permitted in these Terms;
• (c) not reproduce, extract or otherwise communicate or make available to third parties any part of the Appetite Services (or any resources therein) without our prior written consent;
• (d) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Appetite Services nor attempt to do so, except to the extent that applicable law permits such activities because they are necessary to obtain the information necessary to create an independent program that can be operated with the App or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities: (i) is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; (ii) is not used to create any software or service that is substantially similar in its expression to the Appetite Services; (iii) is kept secure; and (iv) is used only for the Permitted Objective; and
• (e) comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Appetite Services.

6.3 Acceptable use restrictions. You must:

• (a) not use the Appetite Services in any unlawful manner, for any unlawful purpose, or in any way that breaches any applicable local, national or international law or regulation;
• (b) not use the Appetite Services in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Appetite Services or any operating system;
• (c) not use the Appetite Services:
  • (i) for the purpose of harming or attempting to harm other persons in any way;
  • (ii) to bully, insult, intimidate or humiliate any person;
  • (iii) to transmit any material that is defamatory, offensive or otherwise objectionable;
  • (iv) in any way that involves sexual exploitation or abuse;
  • (v) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards at clause 6.4 below;
  • (vi) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
• (d) not infringe our intellectual property rights or those of any third party in relation to your use of the Appetite Services (to the extent that such use is not licensed by these Terms);
• (e) not use the Appetite Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; or
• (f) not collect or harvest any information or data from the Appetite Services or our systems or attempt to decipher any transmissions to or from the servers running the Appetite Services.

6.4 Content Standards.

• (a) These content standards (Content Standards) apply to any and all material which you contribute to any Appetite Services (Contribution).
• (b) The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
• (c) We will determine, in our discretion, whether a Contribution breaches the Content Standards.
• (d) A Contribution:
  • (i) Must be accurate (where it states facts).
  • (ii) Only contain opinions that are genuinely held.
  • (iii) Must comply with the law applicable in any country from which it is posted and to which the Site or App is targeted.
• (e) A Contribution must not:
  • (i) Be defamatory of any person.
  • (ii) Bully, insult, harass, intimidate or humiliate or be threatening, abusive, invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
  • (iii) Be obscene, offensive, upsetting, hateful or inflammatory.
  • (iv) Encourage, promote or provide instructions for deliberate self-harm or suicide.
  • (v) Encourage, promote or provide instructions for an eating disorder or behaviours associated with an eating disorder.
  • (vi) Promote sexually explicit material or include child sexual abuse material.
  • (vii) Incite violence or hatred against particular groups or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • (viii) Include content that would be considered a criminal offence under laws relating to terrorism, child sexual abuse material, racism or xenophobia.
  • (ix) Infringe any copyright, database right or trade mark of any other person.
  • (x) Include video content that has been or would be likely to be classified appropriately, or refused classification, by the Film and Publication Board (FPB), or that would not be suitable for FPB classification.
  • (xi) Include material that might impair the physical, mental or moral development of persons under the age of 18.
  • (xii) Be likely to deceive any person.
  • (xiii) Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • (xiv) Contain illegal content or promote any illegal content or activity.
  • (xv) Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  • (xvi) Be in contempt of court.
  • (xvii) Impersonate any person or misrepresent your identity or affiliation with any person.
  • (xviii) Give the impression that the Contribution emanates from Appetite, if this is not the case.
  • (xix) Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.

6.5 Acknowledgement of our status as authors. Our status (and that of any identified contributors) as the authors of content provided to you through the Appetite Services must always be acknowledged.

6.6 No right to use content for commercial purposes. You must not license, sell, resell, rent, commercially exploit, make available to third parties, or enable any third parties to access any element of, the Appetite Services.

6.7 You must not act fraudulently or maliciously in relation to the Appetite Services. In particular, you must not:

• (a) misuse the Appetite Services by knowingly introducing viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material that is malicious or technologically harmful or designed to adversely affect the operation of any computer software or hardware;
• (b) attempt to gain unauthorised access to the Appetite Services, the server on which the Appetite Services are stored or any server, computer or database connected to the Appetite Services;
• (c) conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the Site or any services provided via, or in relation to, the Site, including using (or permitting, authorising or attempting the use of): (i) any robot, spider, scraper, deep link or other data gathering or extraction tool, program, algorithm or methodology to access, acquire, copy or monitor the Appetite Services or any portion of them; and (ii) any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations;
• (d) use or attempt to use any engine, software, tool, agent or other device to navigate or search the Appetite Services, other than search engines and search agents available through the Appetite Services or through generally available third party web browsers;
• (e) attack the Appetite Services via a denial-of-service attack or a distributed denial-of service attack;
• (f) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising, or in any way contributing to, the Appetite Services; or
• (g) use any part of the Appetite Services in order to build a product, service, offering or following, whether for commercial purposes or otherwise, on your own behalf or for a third party,
  
  and by breaching any of sub-clauses (a) to (g) above, you may constitute an offence under the Cybercrimes Act 19 of 2020. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Appetite Services will immediately cease.

6.8 Linking to the Site, the Communication Channels and the App. You may link to the Site, the Communication Channels and/or the App, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Site, the Communication Channels and/or the App in any website that is not owned by you. The Site, the Communication Channels and/or the App must not be framed on any other application or website, nor may you create a link to any part of the Site, the Communication Channels and/or the App other than the home page of the Site, the Communication Channels and/or the App. We reserve the right to withdraw linking permission without notice. If you wish to make any use of content on the Site, the Communication Channels and/or the App other than as permitted by the Terms, please contact support@appetitesouthafrica.com.

6.9 We are not responsible for viruses and you must not introduce them. We do not guarantee that the Appetite Services will be secure or free from bugs or viruses and, accordingly, you agree not to hold us accountable for such bugs or viruses. You should use your own suitable virus protection software.

6.10 Consequences of breach of clauses 6.2 to 6.9.

• (a) Failure to comply with any of these terms constitutes a material breach of these Terms and may result in our taking all or any of the following actions:-
  • (i) immediate, temporary or permanent withdrawal of your right to use the Appetite Services;
  • (ii) immediate, temporary or permanent removal of any Contribution uploaded by you;
  • (iii) requirement for you to return or destroy any copies of the materials you have made;
  • (iv) issue of a warning to you;
  • (v) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • (vi) further legal action against you;
  • (vii) disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law;
• (b) You understand and agree that we will monitor your usage of the Appetite Services to allow us to determine whether a violation of these Terms has, or is, occurring.
• (c) We will not be liable for any action taken by us in good faith and on reasonable grounds in response to a breach of clauses 6.2 to 6.9. The actions we may take are not limited to those described above, and we may take any other action we reasonably consider appropriate.

6.11 You bear sole responsibility for using the Appetite Services, and the information provided through them (i.e. you do so at your own risk). We source much of the information provided through the Appetite Services from third parties and we make no guarantee that this information, or information that we source directly, is complete, accurate, up to date, free of errors and based on factual and verified information and statistics. Information provided via the Appetite Services may be incomplete, inaccurate and out of date, and may include errors (including, but not limited to, errors in calculation, scope and interpretation) and estimates (rather than factual and verified information and statistics). We make the Appetite Services available on an ‘as is’ basis, for information only and, to the fullest extent permitted under applicable law, we disclaim any implied terms as to title, fitness for a particular purpose and non-infringement. The Appetite Services have not been developed to meet your individual requirements and we do not warrant that it will do so. You must check that the facilities and functions of the Appetite Services meet your requirements before accepting these Terms.

6.12 You are also responsible for ensuring that all persons who access the Appetite Services through your internet connection are aware of the Terms and other applicable terms and conditions, and that they comply with them.

7. Third Party Resources, Products or Services, Including Online Booking Service and Tagging

7.1 We are not responsible for Third Party Resources, Products or Services. Where the Appetite Services contain links to other applications, websites, booking platforms and resources provided by third parties, or advertise third party products or services (together, “Third Party Resources, Products and Services”) those Third Party Resources, Products and Services are provided or advertised for your convenience and information only. Any advertisements or links do not constitute our endorsement, approval or recommendation of those Third Party Resources, Products and Services or the third parties providing them. If you access, purchase or use any Third Party Resources, Products and Services:

• (a) you do so at your own risk. Your decision to access, purchase or use any Third Party Resources, Products and Services is made without any reliance on information provided by us. We make no representation, warranty or undertaking regarding any Third Party Resources, Products and Services or the third parties providing them; and to the fullest extent permitted by applicable law, we are not responsible or liable for any loss or damage of any kind arising from your access to, purchase or use of such Third Party Resources, Products and Services or from their availability on the Site or the App; and
• (b) you acknowledge that your use or purchase of any Third Party Resources, Products and Services, may be subject to the terms and conditions and privacy policies of the relevant third party, and that additional fees or charges may apply. We recommend that you read those terms and policies prior to using or purchasing any Third Party Resources, Products and Services.

7.2 We are not responsible for ‘tags’ that our other users attach to Third Party Resources, Products and Services. Where the Appetite Services allow users to review Third Party Resources, Products and Services and to 'tag' cuisines, vibes, allergies/dietary requirements that they think describe such Third Party Resources, Products and Services, such information is provided for your information purposes only. We make no guarantee that this information is complete, accurate, up to date, free of errors and based on factual and verified information. Clause 6.11 applies to this information and it is therefore important that you carefully verify this information yourself before relying on it (especially where the tags relate to allergies or other health-related dietary requirements).

8. Changes and Availability

8.1 In respect of the Appetite Services: -

• (a) We may amend the Terms and the Appetite Services from time to time. We will give you reasonable notice of any material change to the Terms. By continuing to use the Appetite Services after we have notified you of the changes, or after the amended Terms have been made available, you will be deemed to have accepted the amended Terms. If you do not agree to the amended Terms, you must stop using the Appetite Services. Every time you wish to use the Appetite Services, please check these terms to ensure you understand the terms that apply at that time.
• (b) We do not guarantee that the Appetite Services will always be available or uninterrupted or that they will be free of errors or omissions. We may suspend, withdraw, discontinue or restrict the availability of all or any part of the Appetite Services where necessary for business, operational, technical, maintenance, security or legal reasons, including (but not limited to) the malfunction of equipment, periodic updating, maintenance or repair. Where reasonably practicable, we will give you reasonable notice of any suspension or withdrawal.

8.2 In respect of the Appetite Products:-

• (a) Minor or required changes. We can always change the Terms or an Appetite Product to reflect changes in relevant laws and regulatory requirements and/or to make minor technical adjustments and improvements. These are changes that do not affect your use of the product.
• (b) More significant changes. We may also make more significant changes to the Terms or an Appetite Product. If we do so, we'll give you reasonable notice before changes take effect. If you do not agree to the changes, you may stop using the Appetite Services and, where you have paid in advance for an Appetite Product that will no longer be provided because of the change, you may contact our customer service team at support@appetitesouthafrica.com to end the contract before the change takes effect and receive a refund or credit for any Appetite Product(s) you've paid for in advance, but have not received.

9. Orders for Appetite Events or Other Products

9.1 We only accept orders when we've checked them. We contact you to confirm we've accepted it.

9.2 Sometimes we reject orders. We may reject an order, for example, because an event is fully booked, because we can't verify your age (where a product is age-restricted), because you do not meet the eligibility requirements for the product, because you are located outside an area we service, or because a pricing error occurred. If we reject your order, we will notify you as soon as possible and refund any amounts you have paid.

9.3 We charge interest on late payments. If we're unable to collect any payment you owe us we charge interest on the overdue amount at the prime lending rate of our bankers from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.

9.4 We pass on increases in VAT. If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

9.5 We're not responsible for delays outside our control. If our supply of your product is delayed by an event outside our control, such as supply chain delays or weather conditions, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can email our customer service team at support@appetitesouthafrica.com to end the contract and receive any refund for any products you have paid for in advance, but not received, subject to anyreasonable costs or deductions permitted by applicable law that we have already incurred.

9.6 The price of a product is the price displayed in the App or on the Site at the time you place your order, is stated in South African Rand and including VAT unless indicated otherwise. We take payment through the payment method you provide when you place your order, using the third party payment providers made available in the App. You are responsible for keeping your payment details accurate and up to date. If a product is incorrectly priced, we reserve the right to cancel the order or require payment of the correct price, to the extent permitted by applicable law. Where required, we will notify you of the pricing error and your available options, including cancellation of the order and, where applicable, a refund of any amounts paid.

10. Your Right to Change Your Mind for Appetite Products

10.1 Your right to change your mind. Subject to clause 10.2, if you purchase an Appetite Product through the App or Site, you may cancel your purchase within 14 days after we confirm acceptance of your order and receive a refund. This is subject to some conditions, as set out below.

10.2 When you can't change your mind. You can't change your mind about an order for:

• (a) catering and/or leisure activities to be provided on a specific date or within a specific period, including events;
• (b) services that have already been fully performed with your prior consent.

10.3 The deadline for changing your mind. If you are entitled to cancel under clause 10.1, you must let us know within 14 days of the date on which we confirmed that we have accepted your order (in accordance with clause 9.1). This applies to services that have not yet been provided, except where the service is for a specific date or period, such as an event.

10.4 How to let us know. To let us know you want to change your mind, email our customer service team at support@appetitesouthafrica.com.

10.5 You have to pay for any Product (including services) that you have received before cancellation. We will deduct the cost of providing these services from any refund. The cost deducted will be the cost we would have charged if you had ordered only the services that you actually received and you will lose the benefit of any discounted price for the services that you ordered. If you have any questions about the price for the services that you have received, email our customer service team at support@appetitesouthafrica.com.

10.6 When and how we refund you. When a refund is due, we will process it within 30 days of you telling us you've changed your mind. We will issue the refund to you using the same method you used for payment. We don't charge a fee for the refund.

11. You Have Rights if There Is Something Wrong With Your Appetite Product

11.1 If you think there is something wrong with your product, please email our customer service team at support@appetitesouthafrica.com. We honour our legal duty to provide you with products that are as described to you on the Site or App and that meet all required quality standards. If a product is not of acceptable quality, is unsafe or is defective, you may return it within six months of delivery and, you may be entitled to a repair, replacement or refund.

12. Withdrawal of an Appetite Product

12.1 We can withdraw products. We may stop providing a product, such as an ongoing service or a subscription. We will let you know at least 14 days in advance of any withdrawal and will refund any amounts you've paid in advance for products that won't be provided.

12.2 Where we offer a product on a subscription or other fixed-term basis, the subscription will run for the period shown when you sign up and, unless it is a month-to-month subscription, will not exceed 24 months. We will notify you in advance of the date on which the subscription is due to expire and of any change to the terms that will apply on renewal. You may cancel a fixed-term subscription at any time on 20 business days' written notice. We may charge a cancellation fee, which will be disclosed to you at the time of cancellation.

13. Our Rights to End a Contract With You for an Appetite Product

13.1 We may end our contract with you for a product if you fail to make any payment due to us and you do not make payment within 30 days after we have reminded you that payment is due. We may also recover any amounts that remain payable to us under the contract.

14. Our Rights to Suspend or Terminate Your Use of the Appetite Services

14.1 We may suspend or terminate your use of the Appetite Services on reasonable grounds, including where: (a) you have breached the Terms or have acted in a manner which indicates that you do not intend to, or are unable to, comply with the Terms; or (b) we are required to do so by law.

14.2 Where practicable, we will provide you with reasonable notice before suspending or terminating your access, unless immediate action is required for security, legal or operational reasons.

14.3 If we terminate your use of the Appetite Services:

• (a) you must stop all activities authorised by these Terms, including your use of the Appetite Services;
• (b) you must cease accessing the Site, delete or remove the App from any devices in your possession and destroy any copies of the App in your possession.

15. Our Responsibility for Loss or Damage Suffered by You

15.1 We do not exclude or limit our liability where such exclusion or limitation is not permitted by law, including liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

15.2 If you are NOT a Consumer:

• (a) we exclude all implied terms, warranties, representations or conditions that may apply to these Terms, or your use of the Appetite Services or any content or information provided through the Appetite Services, to the extent permitted by law;
• (b) we will not be liable for any loss or damage, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising in whole or in part from your use of the Appetite Services or any content or information provided through the Appetite Services; and
• (c) in particular, we will not be liable for: (i) loss of income, profits, sales, business, revenue or data; (ii) business interruption; (iii) loss of anticipated savings; (iv) loss of business opportunity, goodwill or reputation; or (v) any indirect or consequential loss or damage of any kind, in each case whether arising in whole or part from your use of the Appetite Services or any content or information provided through the Appetite Services.

15.3 If you ARE a Consumer:

• (a) we are not responsible for any loss or damage that is not a reasonably foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen;
• (b) we are not responsible for any loss or damage caused (directly or indirectly) by your breach of the Terms;
• (c) we are not responsible for any loss or damage caused by a delaying event outside our control, as long as we have taken the steps set out in clause 9.5;
• (d) we only provide the Appetite Services to you for domestic and private use. You agree not to use the Appetite Services for any commercial or business purposes, and we have no liability to you for: (i) loss of income, profits, sales, business, revenue or data; (ii) business interruption; (iii) loss of anticipated savings; (iv) loss of business opportunity, goodwill or reputation; or (v) any indirect or consequential loss or damage of any kind, in each case that arises in whole or part from your breach of this clause; and
• (e) if defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or failing to have in place the minimum system requirements. You agree not to hold us responsible if defective third-party software damages a device or digital content belonging to you.

16. Your Indemnification of Us

16.1 You will reimburse us and our affiliates for any reasonable losses, damages, costs (including reasonable legal costs) and expenses that we or our affiliates incur as a result of your breach of these Terms, but only to the extent that such losses, damages, costs or expenses arise directly from your breach and are not caused by our or our affiliates’ own acts or omissions.

17. Other Important Terms

17.1 Use of our trade marks. You may not use the trade names Appetite App, Appetite or TOJA, or the logos displayed below in any way without our prior written approval, unless such use is permitted under clauses 5 and 6.

17.2 Your personal information. We will only use your personal information as set out in our Privacy Policy. 

17.3 Whole agreement. Subject to any terms implied by law in respect of Consumers, these Terms represent the entire  agreement and understanding between us regarding your use of the Appetite Services, and supersede and extinguish  all previous agreements, promises, assurances, warranties, representations and understandings between us,  whether written or oral, relating to the subject matter. 

17.4 Terms that continue after termination. Provisions of these Terms that expressly or by their inherent nature should  survive termination or expiry of these Terms shall survive termination or expiry. 

17.5 No agency, etc. Nothing in these Terms creates any agency, partnership, joint venture, employment or franchisee  relationship between you and us. 

17.6 Severing illegal terms. If a court finds part of these Terms illegal, the remaining terms will continue in full force and  effect. 

17.7 We may transfer this contract to someone else. We may transfer our rights and obligations under the Terms to another  organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your  rights under the contract.  

17.8 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations  under the Terms to another person if we agree to this in writing.  

17.9 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any  rights to enforce any of its terms. 

17.10 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do  anything you are required to do under the Terms, or if we delay in taking steps against you in respect of your breaking  this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against  you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products,  we can still require you to make the payment at a later date. 

17.11 Which laws apply to this contract and where you may bring legal proceedings.  

(a) If you are a Consumer, please note that these Terms, their subject matter and its formation are governed by  English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except  that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are  resident of Scotland, you may also bring proceedings in Scotland.  

(b) If you are NOT a Consumer, these Terms, their subject matter and their formation (and any non-contractual  disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of  England and Wales.