Terms And Conditions Policy

February 2023
Please read the following terms and conditions carefully before deciding on registering and using the” N1 Commercial” Application (“the Application/ App”) and the services offered via N1 Restaurant Suppliers (Pty) Ltd.
  1. INTRODUCTION
    1. This mobile application can be accessed on our web shop, on Google Play for Android or the Apple Store for IOS, and is owned and operated by N1 Restaurant Suppliers (Pty) Ltd (“N1 Commercial”, “we”, “us” and “our”).
    2. This mobile application Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Application (“App”).
    3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this App (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”) and shall govern the use of the N1 Commercial App and all the services associated therewith. By using this application, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
    4. The N1 Commercial application enables you to shop online for an extensive range of goods (“Goods”).
    5. Goods may include the following, but are by no means be limited thereto, as N1 Commercial often expands its stock:
      1. foodstuffs intended for human consumption as defined in Section 1 of the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972);
      2. meat, which would include the carcass of an animal slaughtered at an abattoir as provided for in terms of the Meat Safety Act, 2000 (Act No. 40 of 2000);
      3. meat products, which are the parts of a slaughtered animal which are not part of the carcass such as the head, trotters and washed or cleanly scraped entrails;
      4. perishable food, being any foodstuff which on account of its composition, ingredients, moisture content and/or pH value, lack of preservatives and suitable packaging is susceptible to an uninhibited increase in microbes thereon or therein, when the foodstuff is kept within the temperature spectrum of 5°C to 60°C, and includes the perishable foodstuffs listed in Government Notice No. R.1183 of 1 June 1990, as amended, excluding unprocessed fruit and vegetables; and
      5. prepacked food which may include food which, before it is presented for sale or for serving, has been packed as contemplated in Regulation 7(3) of the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972).
    6. Best Before or Best Before End in these Terms and Conditions and related policies means, the date which signifies the end of the period under any stated storage conditions during which the product will remain fully marketable and will retain any specific qualities for which tacit or express claims have been made. However, beyond this date the food may still be perfectly satisfactory.
    7. Sell by date or the Display until date in these Terms and Conditions and related policies means, the last date of offer for sale to the consumer after which there remains a reasonable storage period at home.
    8. Use by in these Terms and Conditions and related policies (Best Consumed Before, Recommended Last Consumption Date) means the date which signifies the end of the estimated period under the stated storage conditions, after which the product probably will not have the quality attributes normally expected by the consumers and after which date the food should not be regarded as marketable.
    9. N1 sells Goods we have purchased from Third Party Sellers on the App (each a “Third Party Seller”). N1 Commercial will, however, indicate on the relevant product pages and checkout pages when Goods are for sale by a Third Party Seller. Certain terms in these Terms and Conditions only apply to purchases from Third Party Sellers, and others only apply to purchases from N1 Commercial. This will be made clear in the relevant clause.
    10. Business days/Working days include Mondays, Tuesdays, Wednesdays, Thursdays and Fridays but exclude weekends, public and religious holidays.
  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”) and moreover, only apply to existing account holders of N1, or, to those customers who are strictly cash on delivery.
    2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which -
      1. may limit the risk or liability of N1 Commercial or a third party; and/or
      2. may create risk or liability for the user; and/or
      3. may compel the user to indemnify N1 Commercial or a third party; and/or
      4. 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 N1 Commercial to explain it to you before you accept the Terms and Conditions or continue using the App.
    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 N1 Commercial in terms of the CPA.
    6. N1 Commercial permits the use of this application subject to the Terms and Conditions. By using this app in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this App if you do not agree to the Terms and Conditions.
    7. N1 Commercial takes all reasonable measures to ensure that Goods are of the highest quality, but by no means do we represent, indicate or warrant that the Goods, as indicated on the App or our website, advertising or imagery on the outside of the packaging thereof, resemble or are the same Goods which are found inside the packaging. Images are merely serving suggestions and not a description of the actual Goods.
  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 APP
    1. Only existing account holders, or cash on delivery customers may order Goods on the App.
    2. Once we have verified that you are in fact an existing customer, or a cash on delivery customer, we will issue you with unique login details and you will then register.
    3. For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
    4. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions and at least 24 hours before delivery, otherwise you will remain liable for payment .
    5. You agree to notify N1 Commercial immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
    6. By using the App you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the App only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
    7. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of this App. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the App or the information contained herein, without the prior written consent from an authorised N1 Commercial representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this App and our website).
    8. You may not use the App to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
    9. You may not in any way display, publish, copy, print, post or otherwise use the App and/or the information contained therein without the express prior written consent of an authorised N1 Commercial representative.
  5. CONCLUSION OF SALE AND AVAILABILITY OF STOCK
    1. Orders are made directly from N1 Commercial.
    2. Verified users may place orders for Goods, which N1 Commercial may accept or reject. Whether or not N1 Commercial accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by N1 Commercial for the Goods within 24 hours of an order being placed.
    3. NOTE: N1 Commercial will indicate the acceptance of your order by furnishing you with a unique order number and delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and N1 Commercial come into effect (the “Sale”). This is regardless of any communication from N1 Commercial stating that your order or payment has been confirmed. N1 Commercial will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
    4. Prior to delivery or your collection of the Goods, you may cancel an order at within 24 hours and provided you do so before receiving an order number, dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.
    5. Placing Goods in a wish list or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods 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 N1 Commercial liable if such Goods 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.
    6. You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by N1 Commercial, N1 Commercial 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 App. But stock holding that is reflected on the App, isn’t live and, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, N1 Commercial will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
    7. In the case of Goods for sale by a Third Party Seller, N1 Commercial relies on inventory information supplied by the relevant Third Party Seller and N1 Commercial accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any Goods, which N1 Commercial receive from a Third Party Seller which are in fact sold-out, any resulting dispute should be resolved between you and N1 Commercial, your respective rights and obligations being as set out in these Terms and Conditions.
    8. Certain Goods may not be purchased for re-sale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.
  6. PAYMENT
    1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
    2. Whether the Goods are for sale directly by N1 Commercial or a Third Party Seller in affiliation with N1 Commercial, payment can be made for Goods via -
      1. Instant EFT, upon receiving the statement from us (existing customers); or
      2. YOCO, for cash on delivery orders.
    3. You may contact us via your personal profile on the app, the relevant Accounts representative and/or Sales representative to obtain a full record of your payment. We will also send you email communications about your order and payment.
    4. Please note that all goods remain the property of N1 Commercial until paid in full. No returns will be logged unless N1 Commercial is notified within 24 hours of delivery being made.
  7. DELIVERY OF GOODS
    1. N1 Commercial offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
      1. courier; or
      2. self-collection.
    2. Our delivery charges are subject to change at any time, without prior notice to you. You will see the applicable delivery charges in your cart when you check out.
    3. For all purchase orders above R1 000.00 (A Thousand Rand), delivery within the App specified areas in the Cape Town Metropolitan will be free.
    4. For all purchase orders below R1 000.00 (A Thousand Rand) threshold, you will need to pick up it up at the N1 Cape Town or Johannesburg Warehouses.
    5. All deliveries outside the Cape Town Metropolitan area will be executed upon a date agreed upon by both the purchaser and N1 Commercial and proof of payment being received or reflecting in our account.
    6. Where we accept your order and proof of payment has been received / reflects on our account, N1 Commercial will deliver the Goods to you as soon as reasonably possible, but no later than 48 hours for our normal delivery areas, and for up country / outskirts areas, delivery will take place within a week of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 3 (three) working days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
    7. N1 Commercial’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. N1 Commercial is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
  8. WARRANTIES
    1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the App.
    2. We don’t warrant that the functionality provided by N1 Commercial will be uninterrupted or error free, or that N1 Commercial or the server that makes it available are free from viruses or other harmful components.
    3. Should there be any errors of whatsoever nature on the App (which are not due to our gross negligence or wilful misconduct), 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.
    4. N1 Commercial shall not be bound by any incorrect information regarding our Goods displayed on any Third Party websites.
  9. DEALS AND OTHER DISCOUNTED GOODS
    1. From time to time, we may offer certain Goods at discounted prices as part of a Deal (“Deal”). This will be subject to certain conditions (as set out in these Terms), which define the scope of the Deal. If you buy a product within the scope of 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 falls outside of the scope of a Deal, then you will pay the then current (non-Deal) selling price on the App or our 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 Deal, you will pay the Deal Price for the first product, but the Normal Price for all products thereafter. Alternatively, if you buy a product in combination with any other products that together do not constitute a Deal, you will pay the Normal Price for all such products falling outside the scope of the relevant Deal.
      1. We do not guarantee a specific saving. The extent of the Deal or discount is at the sole discretion of N1 Commercial.
      2. Adding a Deal to your cart or completing your order for a Deal without paying for it, does not reserve the item for you. N1 Commercial must receive payment from you within 24 hours of you placing your order for a Deal, otherwise we will cancel your order.
      3. N1 Commercial will reserve stock for customers in the order in which it receives payment. Therefore, if you pay via EFT, you might not get your item because N1 Commercial may only receive payment from you a few days later, and in the meantime the Deal might sell out to customers paying immediately.
      4. The List Price shown in respect of Deals and other discounted Goods is the recommended retail price suggested to us by the supplier of the relevant product. Where the supplier has not provided a recommended retail price, an estimate may be provided. Where a product is offered for sale by a Third Party Seller, the List Price may be provided by the Third Party Seller.
      5. By purchasing any Deal, you are also automatically opting in for our general newsletter (you may opt-out of the newsletter at any time). Opting out of these newsletters after purchase will not affect the value of the Goods purchased.
    4. App Only Deals
      1. We also have Deals (called “App Only Deals“) which will only be available for purchase using the N1 Commercial software application (“App”) on our web shop, on Google Play for Android or the Apple Store for IOS, . In addition to the above Deal Terms and Conditions, the following terms apply to App Only Deals:
      2. 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 Goods may be available on the website or mobi-site.
      3. 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 mobi-site, or if you don’t pay for your order before the App Only Deal has expired or sells out.
  10. LIQUOR AS PRIZE GIVE-AWAY
    1. It is an offence in terms of South African liquor legislation:
      1. for any person under the age of 18 years to purchase, or attempt to purchase, liquor and/or to present false evidence regarding your age in order to access liquor; and/or
      2. to purchase liquor for or on behalf of any person under the age of 18 years.
    2. N1 Commercial is committed to complying with all applicable liquor legislation and therefore will only;
    3. Sell/Gift liquor to you if you are of or above the age of 18 years; and
    4. deliver liquor to the address chosen by you if the liquor is received at such address by a person of or above the age of 18 years.
    5. N1 Commercial has implemented a number of precautions to ensure that it does not sell, supply and/or deliver liquor to persons under the age of 18 years. These precautions include without limitation:
      1. indicating on the relevant liquor product page on the App that such liquor product is not for sale to persons under the age of 18 years;
      2. verifying your age by requesting you to enter your date of birth when purchasing, or attempting to purchase, liquor through the App;
      3. verifying the age of the person receiving delivery of the liquor by requesting to see his/her identity document, passport or driver’s licence, if such person appears to be under the age of 18 years.
    6. 5. N1 Commercial may in its sole discretion refuse to sell or deliver liquor to any person if:
      1. no date of birth is provided or identification requested for purposes of verifying age is refused;
      2. it appears that false information or evidence of age were provided in order to access liquor; or
      3. he/she appears to be intoxicated.
    7. N1 Commercial is not licenced to sell liquor for resale and you may accordingly not purchase liquor from N1 Commercial for the purpose of reselling it. N1 Commercial is entitled to cancel, or not to process, any order for liquor which it suspects will be resold, in addition to any other remedy it may have under these Terms and Conditions or at law.
    8. N1 Commercial will not sell liquor exceeding a total weight of 200 kilograms to any one person in a single day.
    9. By purchasing, or attempting to purchase, liquor from N1 Commercial, you hereby acknowledge and agree to these Terms and Conditions, and agree to provide N1 Commercial with truthful and accurate information and to comply with the applicable liquor legislation.
  11. THIRD PARTY SELLERS
    1. N1 Commercial will indicate on relevant product pages and checkout pages when Goods are for sale/were purchased from a Third Party Seller. In such cases N1 Commercial is the owner of these Goods unless otherwise specified.
    2. The Sale formed on acceptance of your order (in accordance with clause 5) for is therefore solely between the registered user and N1 Commercial.
    3. Because N1 Commercial wants the registered user to have a safe and consistent experience, N1 Commercial will handle any/all returns under the CPA, this includes, but is not limited to, sales which arise out of or are in connection with Goods that were initially purchased by N1 Commercial from a Third Party Seller. Aforementioned returns will be handled according to N1 Commercial’s own Returns Policy.
  12. PRIVACY POLICY
    1. We respect your privacy and will take reasonable measures to protect it, as more fully detailed in our Privacy Policy. The Privacy Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
  13. CHANGES TO TERMS AND CONDITIONS
    1. N1 Commercial 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 App.
    2. Any such change will only apply to your use of this App after the change is displayed on the App. If you use the App after such amended Terms and Conditions have been displayed, you will be deemed to have accepted such changes.
  14. ELECTRONIC COMMUNICATIONS
    1. When you visit the App, our 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.
  15. OWNERSHIP AND COPYRIGHT
    1. The contents of this App and our website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs and service marks which are displayed on or incorporated in this App App Content”) are protected by law, including but not limited to copyright and trade mark law. The App Content is the property of N1 Commercial, its advertisers and/or sponsors and/or is licensed to N1 Commercial.
    2. You may not use the Application for any purpose that is unlawful or prohibited by these Terms of Condition, any applicable additional or amended Terms of Conditions, or any other conditions or notices that are made available on the Application or our website. Unauthorised use of this Application may result in N1 instituting a claim for damages against you or you may be found guilty of a statutory and/or criminal offence.
    3. Unauthorised use of the Application includes engaging personally or permitting a third party to engage in the following activities:
      1. copying, adapting, modifying, publishing, republishing, distributing or redistributing this Application or the material on the Application without N1 Restaurant Suppliers‘ prior written consent;
      2. using any automated data collection, data mining or data gathering methods of any kind in relation to the Application;
      3. reverse engineering, disassembling, decompiling, transferring, exchanging or translating the source code of the Application.
      4. making and distributing copies of the Application or allowing such activity by third parties on the User’s behalf;
      5. creating derivative works of the Application of any kind.
      Without separate written permission in advance:
    4. You may not reuse or “scrape” N1 Commercial App data for use in another service or website;
    5. You may not attempt to circumvent any controls or limitations the App has placed on the user’s ability to access the App or information on the App, including by means of robot exclusion headers;
    6. You may not use any bots, scrapers, brute-force tools, or other automated methods for accessing, slowing down, or disabling the App Services or otherwise interfering with the proper function of the N1 Commercial App; and
    7. You may not frame, “mirror”, or otherwise incorporate any part of the N1 Commercial App into any other app, website or service.
    8. You will not acquire any right, title or interest in or to the App or the App Content.
    9. Any use, distribution or reproduction of the App Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.
    10. Where any of the App Content has been licensed to N1 Commercial 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 App is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the App or reliance on any information on the App.
    2. Whilst N1 Commercial takes reasonable measures to ensure that the content of the App is accurate and complete, N1 Commercial makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the App or as to the accuracy, completeness or reliability of any information on the App. If any such representations or warranties are made by N1 Commercial’s representatives, N1 Commercial shall not be bound thereby.
    3. N1 Commercial 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 App and/or any content therein unless otherwise provided by law.
    4. Although Goods sold from the App may, under certain specifically defined circumstances, be under warranty, the App itself and all information provided on the App is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
    5. Any views or statements made or expressed on the App are not necessarily the views of N1 Commercial, its directors, employees and/or agents.
    6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, N1 Commercial also makes no warranty or representation, whether express or implied, that the information or files available on the App 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 N1 Commercial, its employees, agents or authorised representatives. N1 Commercial 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 App.
  17. LINKING TO THIRD PARTY WEBSITES
    1. This App 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 N1 Commercial 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 App 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. N1 Commercial cannot be held liable for any inaccurate information published on the App, our website and/or any incorrect prices displayed on the App or our website, save where such liability arises from the gross negligence or wilful misconduct of N1 Commercial, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors.
    2. N1 COMMERCIAL N1 RESTAURANT SUPPLIERS, ITS DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS, LIABILITY OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE APP OR THE CONTENT CONTAINED IN THE APP, INCLUDING BUT NOT LIMITED TO:
      1. any information provided thereon;
      2. the services provided by n1 commercial;
      3. third party services provided via n1 commercial;
      4. any viruses that may infect your device or other property on account of your access to and/or use of the app and/or website;
      5. the efficacy of any security or encryption facilities; or
      6. the internet; or
      7. your inability to use the app, and/or unlawful activity on the app and/or any linked Third Party Website.
    3. YOU HEREBY INDEMNIFY N1 COMMERCIAL 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 APP AND/OR ANY LINKED THIRD PARTY WEBSITE.
    4. The service can be reactivated when a successful payment is made .
  19. AVAILABILITY AND TERMINATION
    1. We will use reasonable endeavours to maintain the availability of the Application, except during scheduled maintenance periods, and are entitled to discontinue providing the Application or any part thereof with or without notice to you.
    2. N1 Commercial may in its sole discretion terminate, suspend and modify this Application with or without notice to you. You agree that N1 Commercial will not be liable to you in the event that it chooses to suspend, modify or terminate this App 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 Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the App without any prejudice to any claims for damages or otherwise that we may have against you.
    4. N1 Commercial is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the App and/or have created multiple user profiles to take advantage of a promotions, Deals or Coupons intended by N1 Commercial to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the App), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and N1 Commercial, in whole or in part, on notice to you. N1 Commercial shall only be liable to refund monies already paid by you (see N1 Commercial’s 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 App, with or without notice to N1 Commercial.
  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 App 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 N1 Commercial, you hereby consent to the non-exclusive jurisdiction of the Magistrate Courts of the Republic of South Africa notwithstanding that the quantum in the action or proceedings may otherwise fall below or breach the monetary jurisdiction of that court.
    3. Nothing in this clause 21 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
  21. NOTICES
    1. N1 Commercial hereby selects 6 Pepper Place, Montague Gardens, Cape Town, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). N1 Commercial 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 N1 Commercial not less than 7 days’ notice in writing.
    3. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent -
      1. by hand will be deemed to have been received on the date of delivery;
      2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
      3. by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
      4. 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” FUNCTION to serve as proof that an email has been received.
  22. COMPLAINTS
    1. If you are unhappy with our goods or services or any other related activity, you can email your complaint to us at: info@N1.co.za. We are a participant under the Consumer Goods and Services Industry Code and are bound by it. An electronic copy of this Code is available at http://www.cgso.org.za/. If you require information regarding our internal complaints-handling process, please get in touch with us via our website or you can contact us on +27 (0)21 557 1510.
    2. If we don’t resolve your complaint within 15 (fifteen) business days of you having notified us of it, you are entitled to approach the Consumer Goods and Services Ombud (“CGSO”), to assist in resolving the dispute. The CGSO’s contact details are: Website: http://www.cgso.org.za/ Sharecall: 0860 000 272 Email: complaints@cgso.org.za
  23. INFORMATION
    1. For the purposes of Section 43 of the Electronic Communications and Transactions Act 25 of 2002. (“ECT Act”), N1 Commercial’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the website:
      1. Full name: N1 Restaurant Suppliers (Pty) Ltd, a private company registered in South Africa with registration number 2010/019283/07.
      2. Legal Status: Private Company
      3. Main business: General Trading
      4. Company Registration number: 2010/019283/07
      5. Physical address for receipt of legal service (also postal and street address): 6 Pepper Place, Montague Gardens, Cape Town, 7441 (marked for attention: Reinhardt Pretorius
      6. Office bearers: K Munn, A Richter, P Youlten.
      7. Phone number: +27 (0)21 557 1510
      8. Email address: info@n1.co.za.
      9. PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from here.
      10. Third Party Sellers’ information is available in the relevant Product listing and/or via customer support.
  24. GENERAL
    1. N1 Commercial may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the App or the user’s right to use the App or any of its contents subject to us processing any orders then already made by you.
      1. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
      2. Any failure on the part of you or N1 Commercial to enforce any right in terms hereof shall not constitute a waiver of that right.
      3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
      4. 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.
      5. 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.
      6. These Terms and Conditions contain the whole agreement between you and N1 Commercial and no other warranty or undertaking is valid, unless contained in this document between the parties.