1.1. These Terms and Conditions, together with the Registration Form constitute an agreement between and govern the relationship between Tasti App (Pty) Ltd ("Tasti") and the restaurant, takeaway, bar, club, or other registered business entity ("the Restaurant") making use of Tasti's Platform and Services ("Terms")

1.2. By registering on the Tasti Platform (accessible via www.tasti.co.za or any related mobile or browser-based application) or by continuing to use the Services offered, the Restaurant confirms that it has read, understood, and agreed to be bound by these Terms. If the Restaurant does not agree to these Terms, it must refrain from using the Platform or any Services

1.3. If the Restaurant is a consumer for purposes of the Consumer Protection Act, 2008 ("CPA"), then, in terms of section 49 of the CPA, the Restaurant's attention is drawn to those clauses of these Terms which contain a limitation of the risk or liability of Tasti, or constitute an assumption of risk or liability by the Restaurant, or an indemnification of Tasti, or are otherwise considered unusual or material. These clauses are underlined for clarity.

2.1. Tasti is the owner and operator of the Tasti website and platform ("the Platform" as defined below), which provides various services to the hospitality and food service industry ("the Services"), including:

• 2.1.1. An online reservation system to manage bookings and receive Reservations;
• 2.1.2. A ticketing module for events and entrance management;
• 2.1.3. A QR-code-enabled digital menu system;
• 2.1.4. A reporting and analytics dashboard for usage statistics, booking data, and guest engagement;
• 2.1.5. Access to communication tools such as SMS bundle purchases for direct marketing.

2.2. The Restaurant wishes to make use of the Platform and one or more of the Services on the conditions set out in these Terms.

2.3. The relationship between Tasti and the Restaurant is that of independent contractors. These Terms do not create a partnership, joint venture, or agency relationship, and the Restaurant has no authority to bind Tasti in any manner whatsoever. Tasti is not the agent, representative, or partner of the Restaurant or any User, and shall not be held liable for the Restaurant's dealings with Users.

3.1. "Terms" means these Terms and the Registration Form;

3.2. "CPA" means the Consumer Protection Act, 2008;

3.3. "Effective Date" means the date on which the Restaurant completes the sign-up process on the Platform;

3.4. "Intellectual Property" means all intellectual property rights of any kind, including but not limited to copyrights, trademarks, service marks, patents, trade secrets, and know-how, whether registered or unregistered;

3.5. "Platform" means the entire suite of services and technology provided by Tasti, including the Tasti website, mobile application, widgets, APIs, reservation software, admin dashboards, and all associated tools and interfaces, and any related reservation and restaurant management software operated by Tasti;

3.6. "POPIA" means the Protection of Personal Information Act, 4 of 2013;

3.7. "Prepaid Bundles" means prepaid credits for ancillary services, such as SMS notifications or other content sharing tools, which can be purchased by the Restaurant via the Restaurant Portal;

3.8. "Registration Form" means the online form completed by the Restaurant during sign-up, which includes details of the Restaurant, its selected Services, and applicable fees;

3.9. "Restaurant" means any hospitality venue (including but not limited to restaurants, cafes, bars, clubs) that is registered on the Platform and uses the Services to accept and manage reservations, interact with Users, and utilise the reservation management tools;

3.10. "Reservation" means a confirmed booking made by a User through the Platform for a table, event, or service at the Restaurant's premises/venue;

3.11. "Restaurant Content" means all content provided by the Restaurant for use on the Platform, including but not limited to menus, logos, photographs, business hours, and promotional materials;

3.12. "Restaurant Data" means any data or content submitted by or on behalf of the Restaurant to the Platform, including business information, menu content, pricing, customer bookings, customer information, communications, marketing uploads, or analytics relating to such submissions and any customer information that may be imported by the Restaurant into the Restaurant Portal;

3.13. "Restaurant Portal" means the online dashboard provided by Tasti to the Restaurant to manage its profile, reservations, statistics, and other features;

3.14. "Services" means the provision of the Restaurant Portal, listing on the Platform, services and systems described in section 2.1 above, as may be updated from time to time;

3.15. "Subscription Fee" means the fixed monthly fee payable by the Restaurant for the Services, as set out in the Registration Form;

3.16. "Tasti Database" means any database created on or by the Platform, including compilations, aggregations and analytics derived from User activity or the processing of Restaurant Data;

3.17. "User" means an end-user who makes a Reservation or purchases a ticket through the Platform.

4.1. Tasti provides a Platform that facilitates online Reservations and ticketing for Restaurants.

4.2. The Restaurant warrants that its representative is at least 18 years old, legally capable of entering into binding agreements, and that all information provided within its Restaurant Profile and on the Registration Form is accurate, complete, and kept up to date at all times.

4.3. Tasti grants the Restaurant a non-exclusive, royalty-free, revocable license to access and use the Platform and Services for the duration of these Terms, subject to the conditions herein.

4.4. The Restaurant grants Tasti a worldwide, royalty-free license to use, display and distribute the Restaurant Content on the Platform and in Tasti's marketing materials for the purpose of providing the Services. The Restaurant warrants that it owns or has the necessary rights to grant this license.

4.5. The Restaurant may not misuse, reverse-engineer, duplicate, resell, or exploit the Platform or any part thereof without Tasti's prior written consent.

4.6. Tasti reserves the right to modify, suspend or discontinue the Platform or Services (in whole or part) at any time. Where practical, Tasti will provide advance notice via email or on the Platform, but shall not be liable for any loss or damage arising from the unavailability of the Platform or the Services.

5.1. The use of the Platform and the Services is subject to payment of the monthly Subscription Fee and any additional charges (such as for transaction services or Prepaid Bundles) as specified in the Registration Form.

5.2. The Restaurant may purchase Prepaid Bundles through the Restaurant Portal. Prepaid Bundles are nonrefundable and will expire 12 (twelve) months after the date of purchase if unused.

5.3. All fees are payable in advance. If Tasti does not collect payment in advance for whatever, it shall be entitled to bill such fees in arrears by providing notice thereof to the Restaurants and debiting the Restaurant's account. Payment of any fees billed in arrears shall be payable immediately on notice.

5.4. A certificate signed by an accountant or manager of Tasti, whose appointment or authority need not be proven, stating the amount owing to Tasti together with the Interest and all amounts owing or claimable by Tasti, are due and repayable shall be prima facie proof of the total outstanding amount and that same is payable.

5.5. Tasti is not responsible for interruptions, errors, or delays caused by third-party services integrated into the Platform.

5.6. The Restaurant expressly authorises Tasti or its designated payment processor to collect the Subscription Fee and any other fees due (including for Prepaid Bundles and transaction fees) by debit order from the bank account nominated in the Registration Form. This constitutes a continuous debit order mandate.

5.7. Tasti may adjust its pricing annually or on 30 (thirty) days' written notice. If the Restaurant does not accept a fee change, it may terminate by giving 30 (thirty) days' written notice. Continued use of the Services after the notice period constitutes acceptance by the Restaurant.

5.8. Should any payment fail, Tasti may, without prejudice to any other rights:

• 5.8.1. Charge interest on the overdue amount at the prevailing prime overdraft rate plus 2%; and/or
• 5.8.2. Immediately suspend the Restaurant's access to the Platform and the Services until all outstanding amounts are paid in full.

5.9. Tasti may, in its sole discretion, deduct any amounts owing by the Restaurant to Tasti from any Settlement Payments due to the Restaurant under these Terms.

5.10. Should the Restaurant cancel its subscription before the expiry of the current billing cycle, no refund or proration of the fees already paid shall be due by Tasti.

6.1. Tasti acts as a technical service provider to support the processing of payments from Users to the Restaurant for Reservations, tickets, or other services provided by Restaurants.

6.2. Funds collected from Users will be settled to the Restaurant's bank account, as specified in the Registration Form, net of all applicable settlement fees, transaction fees, commissions, chargebacks, and any other amounts owing to Tasti under these Terms ("Settlement Payment").

6.3. The Restaurant warrants that its banking details on the Registration Form have been provided by a duly authorised person. Tasti shall not be liable for any loss of funds paid into an incorrect bank account due to incorrect details being provided or the Restaurant's failure to update such details. The bank account to which funds are released is displayed on every settlement report.

6.4. In the event a User disputes a payment with their bank (a "chargeback"), Tasti will assist in providing proof of the transaction. However, should a chargeback be successful and the funds reversed, the Restaurant will be liable for the full amount of the chargeback, regardless of fault. This amount will be deducted from a future settlement or invoiced to the Restaurant for immediate payment.

6.5. The Restaurant acknowledges and accepts full financial liability for chargebacks processed by card issuers in respect of payments collected via the Platform, including where Tasti has already settled funds to the Restaurant.

6.6. Tasti shall settle funds to the Restaurant provided that:

• 6.6.1. The Restaurant has satisfactorily completed the Registration Form and provided any additional verification documents as reasonably requested by Tasti; and
• 6.6.2. There are no outstanding chargebacks, User disputes, or any other valid legal or commercial reason for Tasti to withhold the funds, including a reasonable belief that the funds may need to be refunded to a User.

6.7. Tasti will provide the Restaurant with a settlement report via email for each Settlement Payment. This report will detail the individual transactions, gross amounts, and all deducted fees and charges. It is the Restaurant's responsibility to ensure Tasti has the correct email address for receiving these reports.

6.8. Once a Reservation is made by the User, the Restaurant assumes all responsibility:

• 6.8.1. managing, fulfilling, and applying its own cancellation or refund policies;
• 6.8.2. honouring that reservation and for the provision of all associated services rests solely between the User and the relevant Restaurant;

6.9. Tasti facilitates Reservations but does not operate or control any Restaurant and is not liable for the fulfilment or quality of services rendered by a Restaurant. Tasti is not a party to the transaction between the User and the Restaurant. Tasti is not responsible for the quality of the service, food, or experience provided by the Restaurant, nor is it liable for any issues arising from your reservation, including cancellations, penalties, or disputes.

6.10. Tasti facilitates Reservations but does not operate or control any Restaurant and is not liable for the fulfilment or quality of services rendered by a Restaurant. Tasti is not a party to the transaction between the User and the Restaurant. Tasti is not responsible for the quality of the service, food, or experience provided by the Restaurant, nor is it liable for any issues arising from your reservation, including cancellations, penalties, or disputes.

7.1. The Restaurant is solely responsible for ensuring all Restaurant Content (including hours, menu items, prices, and availability) is accurate and kept up to date via the Restaurant Portal.

7.2. The Restaurant agrees to honour all Reservations made by Users through the Platform. The Restaurant is solely responsible for the quality, safety, and legality of the food, beverages, and services it provides to Users.

7.3. The Restaurant warrants that it complies with all applicable laws and regulations required to operate its business, including but not limited to health and safety regulations, liquor licensing, and data protection laws.

7.4. The Restaurant is responsible for ensuring all its availability settings for bookings or other services are kept up to date and accurate via the Restaurant Portal. This includes, but is not limited to, dates, times, table availability, and maximum party sizes. Tasti is not liable for any issues arising from inaccurate availability settings.

7.5. The Restaurant represents and warrants that:

• 7.5.1. It has all necessary rights, licenses, and authority to bind itself to these Terms and operate the Restaurant;
• 7.5.2. It shall not use the Platform for unlawful purposes;
• 7.5.3. All information uploaded to or communicated via the Platform is accurate and up-to-date;
• 7.5.4. It will maintain an accurate cancellation, refund, and delivery policy in accordance with applicable law;
• 7.5.5. It has all the necessary rights, permissions and authority to import any information onto the Tasti Platform.

7.6. Only authorised representatives of the Restaurant may access the Restaurant Portal, and the Restaurant is responsible for managing roles/permissions for its employees.

7.7. The Restaurant is solely responsible for compliance with all tax obligations relating to revenue generated through the Platform, including VAT, PAYE, and any local taxes or levies.

7.8. The Restaurant is solely responsible for ensuring its menu(s) on the Platform are up-to-date and accurate at all times, including all items, descriptions, allergen information, images, and prices. While Tasti may assist with uploading or modifying menu content, the Restaurant accepts full responsibility for verifying the accuracy of any changes and indemnifies Tasti against any claims arising from inaccurate menu information.

7.9. The Restaurant warrants that it will not use the Platform or the Services for any unlawful purpose, including but not limited to any activities that would violate national or international laws regarding money laundering or the financing of terrorism.

7.10. The Restaurant warrants that any individual accessing or using the Restaurant Portal on its behalf is duly authorised to do so and to bind the Restaurant to any actions taken, or agreements entered into, on the Platform.

8.1. Tasti retains all right, title, and interest in and to the Platform, its software, trademarks, and all associated Intellectual Property. The Restaurant undertakes not to, at any time during or after the term of this agreement, copy, reverseengineer, create derivative works from, or assist any third party in doing the same to the Platform or its software.

8.2. The Restaurant warrants that it owns or has the necessary rights to grant Tasti the license to use the Restaurant Content as described in clause 4.4.

8.3. Tasti and the Restaurant expressly agree that the Tasti Database, which is created through the compilation, aggregation, and processing of Restaurant Data and User activity on the Platform, shall be the sole and exclusive property of Tasti. The Restaurant hereby cedes and assigns all rights it may have in the Tasti Database to Tasti.

8.4. The Restaurant grants Tasti a perpetual, irrevocable, worldwide, royalty-free license to use, copy, modify, and process any Restaurant Data for the purpose of creating, maintaining and enhancing the Tasti Database and providing the Services.

9.1. Tasti and the Restaurant agree to comply with their respective obligations under POPIA. Tasti maintains data processing and security policies in compliance with POPIA, and by accepting these Terms, the Restaurant acknowledges its own duty to comply with the law.

9.2. In relation to User Data shared with the Restaurant for a transaction, Tasti is the "Operator" and the Restaurant is the "Responsible Party" as defined in POPIA

9.3. The Restaurant warrants and agrees to:

• 9.3.1. Only use a User's personal information for the specific purpose for which it was provided (e.g., managing a Reservation).
• 9.3.2. Only send direct marketing to a User if that User has provided explicit, prior consent to receive it, and always provide a clear and easy method for the User to opt out;
• 9.3.3. Implement and maintain appropriate technical and organisational security measures to protect User data from unauthorised access, loss, or destruction;
• 9.3.4. Not sell, lease, or otherwise share User data with any third party without lawful justification;
• 9.3.5. Not send any direct marketing communications to a User unless that User has provided explicit, prior consent, and every such communication must contain a clear and easy method for the User to opt out;
• 9.3.6. Allow Tasti to revoke marketing privileges in case of abuse or complaints

9.4. The Restaurant indemnifies Tasti and holds it harmless against any claim, fine, demand, loss, damage, or cost (including legal fees on an attorney and own client basis) arising out of the Restaurant's failure to comply with its obligations under this clause or any applicable data protection laws.

10.1. These Terms commence on the Effective Date and continue on a month-to-month basis until terminated.

10.2. Either Tasti or the Restaurant may terminate these Terms for any reason by providing the other party with at least 30 (thirty) calendar days' written notice.

10.3. Tasti may terminate these Terms with immediate effect upon written notice if the Restaurant:

• 10.3.1. Commits a material breach of any of its obligations under these Terms and, where such breach is capable of remedy, fails to remedy the breach within 7 (seven) days of receiving written notice from Tasti to do so;
• 10.3.2. Becomes insolvent, is liquidated, or placed under business rescue, or attempts to make a compromise with its creditors;
• 10.3.3. Engages in conduct that brings Tasti's reputation into disrepute.

10.4. Tasti may suspend access by the Restaurant immediately upon suspected fraud or data breach without notice.

10.5. Upon termination, all outstanding fees become immediately due and payable, and the Restaurant's access to the Platform and the Services will be revoked. Clauses 5 (Fees, Payment and Debit Order), 6 (Payment Processing and Settlement), 8 (Intellectual Property and Data Ownership), 9 (Data Protection), 11 (Limitation of Liability and Indemnity), and 12 (General Provisions) shall survive termination.

10.6. In the event of termination, any funds already collected by Tasti from Users for future Reservations will be settled to the Restaurant in the normal course after the date of the applicable booking or event, subject to the standard settlement terms and deductions in these Terms.

11.1. The Platform and the Services are provided on an "as is" and “as available” basis. Tasti makes no representation or warranty that the Platform and the Services will result in a particular number of Reservations, an increase in revenue, or be uninterrupted or error-free. Tasti shall not be liable for any loss or damage as a consequence of the failure or suspension of the Platform or the Services, or as a consequence of the failure of any power or internet service provider. Tasti is not responsible for any malicious code or viruses that could originate from using the Platform or the Services.

11.2. Tasti shall not be liable for any actions or failures of a User, including but not limited to:

• 11.2.1. Reservation no-shows or late arrivals;
• 11.2.2. Cancellations of any Reservations;
• 11.2.3. The accuracy or content of any reviews posted on the Platform.

11.3. Tasti shall not be liable for any damages to any party should the Restaurant fail to honour a Reservation in full or in part for any reason whatsoever.

11.4. Tasti accepts no responsibility for the accuracy of any Restaurant Content, including but not limited to menus, items, descriptions, images, and prices. The Restaurant is solely responsible for ensuring its menu is accurate at all times

11.5. Tasti shall not be liable for any indirect, special, or consequential damages, including loss of profits, revenue, or business opportunity.

11.6. To the fullest extent permitted by law, Tasti's total aggregate liability under these Terms shall be limited to the total Subscription Fees paid by the Restaurant in the 3 (three) months preceding the event giving rise to the claim.

11.7. The Restaurant agrees to indemnify, defend, and hold harmless Tasti, its directors, and employees from and against any and all actions, claims, demands, losses, damages, liabilities, and expenses (including legal fees on an attorney and own client basis) which Tasti may incur or become subject to, arising from or related to:

• 11.7.1. The Restaurant's breach of any provision, warranty or representation in these Terms;
• 11.7.2. The Restaurant's provision of services to a User;
• 11.7.3. The Restaurant's Content or its infringement of any third-party rights; or
• 11.7.4. The Restaurant's failure to comply with any applicable law or regulation.

11.8. Neither Tasti nor the Restaurant shall be liable for any delay or failure to perform its obligations under these Terms due to a cause beyond its reasonable control, including but not limited to acts of God, war, terrorism, labour action, fire, epidemic, breakdown of telecommunications or electronic equipment, or government and regulatory requirements ("Force Majeure").

11.9. Tasti does not have access to or control over restaurant food quality, service, or delivery and shall not issue refunds to Users on the Restaurant's behalf.

12.1. These Terms shall be governed by the laws of the Republic of South Africa. Tasti and the Restaurant consent to the jurisdiction of the Magistrate's Court, provided that Tasti may, at its sole discretion, institute proceedings in any competent High Court.

12.2. In the event of the Restaurant committing any breach of these Terms or should Tasti be required to take any legal action against the Restaurant, the Restaurant agrees to pay Tasti's legal costs on the scale as between attorney and own client, including any collection commission, tracing fees, and other related expenses.

12.3. These Terms, together with the Registration Form, constitute the entire understanding between Tasti and the Restaurant and supersede all prior discussions and agreements.

12.4. If any provision of these Terms is found to be invalid or unenforceable, that provision will be severed, and the remaining provisions will remain in full force and effect.

12.5. All notices shall be in writing and sent to the email addresses provided in the Registration Form. A notice sent by email is deemed to be received on the next business day.

12.6. Tasti may amend these Terms by providing the Restaurant with 30 (thirty) days' notice. Continued use of the Platform and the Services after this period will constitute acceptance of the amended terms.

12.7. The Restaurant may not cede, delegate, or assign any of its rights or obligations under these Terms without the prior written consent of Tasti.

12.8. The Restaurant warrants that it has been afforded the opportunity to take independent legal advice in relation to these Terms and understands its rights and obligations herein.

12.9. No leniency, indulgence, or extension of time which Tasti may grant to the Restaurant shall constitute a waiver of any of Tasti's rights under this Agreement. Any waiver of a right must be in writing and signed by Tasti to be effective and will apply only to the specific instance for which it is given.

12.10. For any questions about these Terms, please contact us at support@tasti.co.za.