CHECKERS Sixty60 FOOD APPLICATION TERMS AND CONDITIONS

Last updated 15 November 2021


The Checkers Sixty60 mobile application (the “App”) is available for download on compatible electronic devices. The App is owned and operated by Shoprite Checkers (Pty) Ltd (registration no.: 1929/001817/07) (“Checkers”, “Checkers Sixty60”, “we”, “us” and “our”).  

Our postal address is P.O. Box 215, Brackenfell. Our registered address is Cnr William Dabbs Street and Old Paarl Rd, Brackenfell, Western Cape. All legal documents must be served at this address. Checkers’ telephone number is +27 (0)21 980 4000.

Should you have any queries concerning these terms and conditions or the Checkers Sixty60 Food Application, please contact us via our App or call our help centre on 0800 00 6060.

1.   Introduction

The App enables users to order and purchase food, beverages and other products (collectively the “Food”) and receive delivery to an address selected by the user.

These terms and conditions govern the ordering, purchase and delivery of products on the App.

These terms and conditions are binding and enforceable against every person that accesses or uses the App (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”).

By using the App, you acknowledge that you have read and agree to be bound by these terms and conditions. You must not use the App if you do not agree to the Terms and Conditions.

Checkers reserves the right, without notice and at its sole and absolute discretion, to make changes to these terms and conditions. Such changes will take effect when they are published. It is expressly recorded that should there be any material changes to these terms and conditions, Checkers will endeavor to notify users thereof. Customers are encouraged to familiarise themselves with the content of these terms and conditions on a regular basis.

If you continue to use the App after our amendments to these terms and conditions have been published, you will be deemed to have accepted such amended terms and conditions.

2. Registration

You are required to register with us before using the app including placing an online order.

It is your responsibility to ensure that the details provided by you on registration, or at any time, are accurate, complete and up to date. You are required to update your Checkers Sixty60 registration details on the App as and when they change, so that we can contact you to communicate updates on your order when required..

Please note that the Help Centre may guide you through the process of completing your registration, but is unable to register on your behalf.

3.   Linking of Xtra Savings card
Customers will have the ability to link their Xtra Savings card to their Sixty60 profile. The linking of an active Xtra Savings card is a prerequisite for qualifying for any Xtra Savings deals on the app.

Registration for the Xtra Savings programme cannot be completed on the app and will need to be completed on the existing Xtra Savings channels or in store before the card can be linked to the Checkers Sixty60 customer profile.

4.   Customer Consent

4.1 We need your consent for the use and processing of your information in order for you to use the App. If you have unsubscribed from receiving marketing notifications and/or marketing communications on the App, these will not be sent to you.

4.2 You further confirm that you have read, understood and accepted the Information Processing terms set out in clause 7 below. You therefore agree that your personal information may be processed according to these terms and conditions insofar as you have provided the necessary consent.

4.3 You will at all times be in a position to request, where necessary, the correction, destruction or deletion of your personal information. Checkers will process your request as soon as reasonably possible. For more information on this, please see our data privacy statement.

4.4 The deletion or destruction of your personal information may result in the termination of your use of the App as we may no longer be able to provide the service to you.

4.5 By accepting the terms and conditions as set out herein, you confirm that you are aware of the information that is being collected by us and the purpose for which the information is collected.

5.   Correct contact information is essential

5.1 Certain deals and promotions will be sent to you via direct marketing channels including email, sms, whatsapp or via our app. It remains your responsibility to ensure that we always have your correct contact details to ensure that you receive your offers and communications.

5.2 Due to the nature of the services, it is required that the correct delivery address is captured.

5.3 We cannot accept responsibility if you do not receive certain offers and communications or if a delivery fails due to incorrect details provided by you.

6.   Direct Marketing Communications

6.1 By supplying us with your personal information and by consenting thereto, you agree to receive direct marketing communications from us on your chosen communications channel insofar as it relates to the use of the App.

6.2 If, at any time, you wish to withdraw your consent to the aforementioned receipt of direct marketing communications, you will be entitled to do so by contacting our help centre on 0800 00 6060.

6.3 Should you have opted-in to receive direct marketing communications, you may opt out from any of the above mentioned channels, either when you first register on the App or at any time thereafter. When Checkers sends you additional communications you can opt-out by exercising the opt out function on the channel used to communicate with you, alternatively you may contact our help centre on 0800 00 6060.

7.   Information Processing

7.1 Use of your confidential and personal information

7.1.1 We are committed to protecting your privacy.

7.1.2 To make use of the App and services you will be asked to provide Checkers with certain details of your personal information so as to enable us to fulfill and deliver your orders.

7.1.3 The choice of providing Checkers with this information remains your own. Please note that if certain information is not provided, we may not be able to provide you with the services.

7.1.4 Checkers will not use or disclose your personal information without your permission, unless it has a legal duty to do so or is required to do so in the course of the provision of the services to you.


7.1.5 By registering on the App and utilising the services you consent that Checkers may record, use and hold the following types of information about you:

7.1.5.1 All information contained in the forms or other documentation you submit to Checkers and any other subsequent information or details you update or provide afterwards. This may include your name, contact details, address, age, identity/passport number and transaction records;

7.1.5.2 Information Checkers uses to process your registration on the App;

7.1.5.3 Other demographic and lifestyle information which is derived from your shopping patterns when using your the App and a payment card;

7.1.5.4 Your delivery address;

7.1.5.5 The location of your use of the App;

7.1.5.6 Details of when you contact Checkers and when Checkers contacts you. This includes for example electronic mail addresses, telephone numbers you contact Checkers from and the content of the communications with Checkers (which may be recorded).


7.1.6 Your information is needed for the following purposes:

7.1.6.1 To process your registration on the App. This may include confirming your identity and contact details;

7.1.6.2 To take such actions as may be required to enable and improve your use of the App;

7.1.6.3 To make sure that the information Checkers receives and records about you is and remains accurate, complete and up to date;

7.1.6.4 To conduct market research and data analysis, understand your preferences, learn more about the products and services that you are interested in and improve the products and services Checkers offers you;

7.1.6.5 To inform and provide you with the chance to use products, services and benefits Checkers offers and believes may be of interest to you (to the extent that Checkers is legally permitted to do so); and

7.1.6.6 For such other purposes as you may agree to or as may otherwise be legally permitted whether to protect Checkers’ or your interests or those of Checkers’ suppliers and other customers.

7.1.6.7 To issue promotional codes and discounts to selected customers at Checkers’ sole discretion, these promotional codes and discounts are to be used in accordance with conditions set out in the relevant communication.

7.2 Protecting your information

7.2.1 Checkers will, at all times, take steps to ensure that your information is protected against unauthorised or accidental access, processing or loss and will implement reasonable technical and organisational controls to do so.

7.2.2 We use your personal information to create a profile for you. We keep your personal information private, and only disclose it to other companies if you ask us to, or if they need it to help us provide a product or service to you.

7.2.3 Where Checkers uses any other person or organisation to host, manage or process your data on its behalf, it will require them to implement the same or similar controls to protect your information.

7.2.4 As soon as reasonably possible (provided that Checkers is not prevented from doing so by any law enforcement or regulatory agency), Checkers will notify you by email or text message if it believes that an unauthorised access to your information may have occurred. In such instances Checkers will provide you with such information as you may reasonably require to protect your interests.

7.3 Sharing your information

7.3.1 You agree that Checkers may transfer or make your information available to the following persons and organisations (whether they are located in or outside South Africa) in order to achieve the data processing purposes set out herein in order to ensure the functioning of App:

7.3.1.1 To the divisions and entities in the Shoprite Group. This includes its directors, employees, contractors, agents, auditors, legal and other professional advisors of the divisions and entities, the latter stakeholders will have permission based access only, to the extent that it is necessary for them to view your information;

7.3.1.2 To any other person that supplies, supports or underwrites any products or services Checkers provides to you, but only to the extent to which it relates to your subscription to and use of Checkers’ products and services;

7.3.1.3 To persons who provide services to Checkers in relation to the products and services you obtain from it. This may include services such as delivery, data hosting and processing and management services;

7.3.1.4 To any person to whom Checkers cedes, delegates, transfers or assigns any of its rights or obligations relating to the Food delivery;

7.3.2 Please note that at all times, Checkers will ensure that the persons to whom your information is transferred or made available, undertake to protect the confidentiality of your information in a manner similar to that set out herein.

7.3.3 To learn more about how we use your personal information, see our data privacy statement.


7.4 Retention of personal information

Checkers may retain your information collected for as long as you are registered on the App or for long as we have reasonable business needs, such as managing our relationship with you and managing our operations and for at least 3 (three) years after you stop doing so or request us to delete your profile, or for such longer period as may be required or permitted by law.


7.5 
Your rights regarding your information


7.5.1 You have a right to know what information Checkers retains about you and to whom it has disclosed such information, for more information on this please see our
PAIA Manual.

7.5.2 You also have the right to ask Checkers to correct or delete any information it holds about you, to find out more about this process please see our Data Privacy Statement. This may be because the information is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or because the information was illegally obtained.

7.5.3 It remains your responsibility to inform Checkers of any changes to your personal information.

7.5.4 It can take up to 21 (twenty-one) days to respond to your request and we may charge a small fee.

7.5.5 Please note that Checkers is only able to fulfill your request where permitted to do so by law and provided that doing so does not unreasonably prejudice its legitimate interests or those of any third party.

7.5.6 You are entitled, in terms of the Protection of Personal Information Act 4 of 2013, to submit a complaint to the Information Regulator in the prescribed manner and form if you suspect interference with your personal information by us. The contact details of the Information Regulator for this purpose are: complaints.IR@justice.gov.za.

8.   Passwords and security

When you register to use our App you will be asked to create a username (a valid email address or cell phone number) and a password. You must keep this information confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your username and password. You agree that, once your correct username and password have been entered (in relation to the App), irrespective of whether the use of the username and/or password is unauthorised or fraudulent, you will be liable for payment of any resulting order. If you know or suspect that someone else knows your password you should reset your password on the App as soon as possible by contacting our help centre on 0800 00 6060.

If we have reason to believe that there is likely to be, or has been, a breach of security or misuse of our App, we may require you to change your password or we reserve the right to suspend your account without prior notification.

9.   Creating an order

Orders can only be created through the use of our App. No orders by web, telephone, email, SMS, fax or any other medium is possible. Please note that the Help Centre may guide you through the process of placing an order, but are unable to place the order on your behalf.

10.   Accepting your order and creating an electronic contract

The steps required in creating the contract between you and us are as follows:

By using the App you are required to indicate your delivery address before browsing our product catalogue and placing an order. If your delivery address does not fall within an area currently serviced by Checkers Sixty60, you will be able to provide us with your email address, and be notified when your delivery address in future falls within a serviced area.

We may at any time suspend or terminate the availability of this service in your area, or Food products on the App, at our sole discretion.  

The final step in placing your order will be by confirming the accuracy of your basket, your replacement preferences and the associated price to be charged to your chosen payment method.

Your order is confirmed on completion of the checkout process, which includes Checkers Sixty60 receiving electronic confirmation from your bank that the order amount has been authorised.

The final order amount may be higher or lower than the order value at order placement, due to:

●      Replacement products priced higher or lower than the products you ordered, should these be out of stock

●      Products priced per kilogram, where the actual weight of the product selected by the fulfilment store may differ with the projected weight of the product on the App

The final order amount will be subtracted from your bank account once your order has been finalised at the fulfilment store, and once the price impact of replacement products and the final weight of products priced per kilogram, are known.

Combo deals will be honoured based on when the order is placed and paid for regardless of when the order is fulfilled.

It is important to note that there is a possibility that the Checkers Sixty60 App is offline from time to time which may result in advertised promotions not being triggered during checkout. There will in most instances be a pop-up informing you of this and in these circumstances we will not honour these promotions and will not accept any liability of such promotions lost as a result thereof.

We will make available to you a VAT invoice, which can be requested on the App by selecting your order located under “Orders” in your profile. The invoice will be emailed to you, and will include details of the products you ordered and any associated delivery information. The product pricing included in the invoice is the pricing applicable on the day that your order was placed on the app.

Non-acceptance of an order may be as a result of one of the following, but not limited to:

●      The product you ordered is not available from stock in the Store;

●      We are unable to process your payment;

●      You do not meet the eligibility criteria to order certain regulated products (like liquor or tobacco products).

Stores may not sell liquor or tobacco products to you if you are under the age of 18 (eighteen) (regardless of any supervision by a parent or guardian). You may be requested to provide proof of your age before receiving any liquor or tobacco products ordered via the App.  The delivery of an order containing any liquor or tobacco products may be refused and you will be held liable for all charges relating to such order, should you fail to provide adequate proof that you are 18 (eighteen) years of age or older, or if you appear to be under the influence of drugs or alcohol at the time of delivery or collection of such products. For the avoidance of doubt, the refusal of the delivery will apply to the entire order, and not only the liquor or tobacco products within this order.

All offers are subject to availability and while stocks last.

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 the App. You may use the App only for lawful purposes and may not in any way (including without limitation by use of any robot, spider, other automatic device or manual process) monitor, distribute, display, publish, copy, print, post, modify or otherwise use the App and/or the information contained therein without the express prior written consent of an authorised Checkers representative.

11.   Products ordered by weight

Where products are ordered by weight, our fulfilment store will endeavour to provide you with an amount as close to the requested weight as possible. The actual product weight you receive may exceed or be less than the weight requested, but not by more than 20% (twenty percent). A replacement product will be selected in line with section 14 of these terms and conditions, if the weight of the product you ordered cannot be found within the 20% (twenty percent) tolerance level.

Please note that the price charged will be solely based on the actual weight of the item that you received and not the requested weight. Checkers Sixty60 will not be liable for any redelivery or remedy from products returned due to weight or cost differences within the stated tolerance of 20% (twenty percent).

12.   Risk and Ownership of the goods

For the avoidance of doubt, the ownership and risk associated with your goods will be held by Checkers Sixty60 up to and until the point at which they are handed over to you during delivery. Any damage, disappearance or theft of goods post delivery will become the responsibility of the person who placed the order and against whom the contract is binding.

Please note that Checkers Sixty60 cannot be held responsible for orders placed incorrectly on our App, even if the error was in good faith. Should an order error be discovered during the delivery process, any products not wanted may be returned to your nearest Checkers store and will be fully refunded or replaced. Checkers Sixty60 will not be responsible for delivering the originally intended item unless as part of a new delivery and/or subject to a further delivery charge. To avoid disappointment, please present your tax invoice as proof of purchase when discussing the returned products with a member of staff at our store, either in electronic or hard copy format.

The value of goods discovered to be damaged, expired, missing or unwanted subsequent to the delivery process will be credited to the user’s Checkers Sixty60 account when an issue for this has been logged on the App by the user. We will make available to you a Credit Note, which can be requested on the App by selecting your order located under “Orders” in your profile. The Credit Note will be emailed to you, and will include details of the products you were credited for.

For the avoidance of doubt, no collection service will be provided by us for post delivery returns.

13.   Stock availability

Only products indicated as available on our App can be purchased. These products may differ by geographic region.

Products stocked in stores but not indicated as available on our App, do not form part of our catalogue and therefore cannot be ordered. Due to the fact that we carefully choose your goods in store, we may occasionally run out of stock before we can update our stock availability on the App. We endeavour to keep this to a minimum, but provide the facility for you to select replacement options in the event that we are unable to fulfil your original request. Please refer to section 14 of these terms and conditions for more information regarding replacements.

14.   Replacements

Whilst we make every effort to ensure that our stock availability on our App is as accurate as possible, from time to time we are unable to locate stock of a product that has been requested. In that situation we offer the following options which are to be selected during the ordering process on the App:

●      you may choose not to receive a replacement and you accept that we will not provide one.

●      you may request a specific replacement from the replacement list provided per product, or by browsing our full catalogue to find a suitable replacement;


The replacement option selected by you will apply to future orders.


The fulfilment store will endeavour to select a suitable replacement in the same price range of the original product ordered, subject to availability,
where a replacement option was not selected. The price of the replacement may exceed or be less than that of the original item, and for the avoidance of doubt, you will be charged the price of the replacement. Due to the subjective nature of selecting an appropriate discretionary replacement, your remedy, should you find any replacement inappropriate, is limited to returning the item to your nearest Checkers store for a full refund or replacement. To avoid disappointment, please present your tax invoice as proof of purchase when discussing the return with a member of staff at our store, either in electronic or hard copy format.

Should the price of a replacement product result in the order value exceeding the value authorised by your bank when placing the order by more than 25% (Twenty Five Percent), then you will be asked to approve this replacement. If no approval is received, Checkers Sixty60 will not replace the product that was ordered.

For the avoidance of doubt, should you not want a particular replacement offered, we will not return with another preferred item to replace the unwanted one. This term extends to any product, not just those replaced.

In the event where a combo deal is fully or partially out of stock, every effort will be made to present suitable replacements, both during the order placement and fulfilment process, to restore the deal.

Please note that we will first fulfil as much of the originally requested product as is available, before providing the balance as a replacement.

15.   Where we deliver to and restrictions thereof

The Checkers Sixty60 service is available in restricted areas as offered on our App. From time to time, and with no prior warning, we will update the delivery coverage areas. Whilst we endeavour to expand our coverage, we reserve the right to restrict deliveries in certain areas, including areas previously covered by our service.

We also reserve the right to withdraw our services to individual customers' delivery addresses subject, but not limited, to the following:

●      dangerous delivery conditions that pose a health and safety risk for our delivery drivers and/or any assistant;

●      unavailability of free suitable and legal, parking space;

●      excessive distance between the vehicle offload point and the final customer handover point, including any unreasonable requirement or expectation to climb stairs or negotiate other physical obstacles;

●      repeated failed deliveries due to factors beyond the driver’s control, which may include but is not limited to: security complexes that do not allow deliveries or that struggle to reach the customer; the customer (or person nominated by the customer to receive deliveries) repeatedly not being available, or being younger than 18 for orders containing alcohol or tobacco; the place of residence not having a doorbell or means of notifying the customer that the driver is outside, etc.


We cannot accept responsibility for the provision of an incorrect delivery address. We will deliver to the address provided at the point of order submission. This delivery address is clearly displayed throughout the online shopping experience and can easily be changed at any point up until final payment confirmation.

16.   The delivery process, including where you cannot be present

Delivery times offered may vary according to the Store from which your delivery will be picked and distributed. At the point at which you place your order, the full list of available delivery times will be shown - this is based upon your delivery address, which may be different from your registration address.

You are able to track the progress of your order on the App, including the location of the driver delivering your order. The driver, only where absolutely necessary, will call you on the mobile number supplied when registering on the App, to locate you at your delivery address.

The driver will bring your order to the door of your home or business, and after electronically recording the handover of the bags containing your order to you (or the person nominated by you when placing the order), the driver will leave.  For the avoidance of doubt, the driver will hand over the bags in your order, and not individually hand over each product in each bag. Any products that are discovered to be damaged, expired, missing or unwanted subsequent to the delivery process will be credited to the user’s Checkers Sixty60 account when an issue for this is logged on the App.

The driver will hand over your order at your front door or front gate, and in the interest of time and so as not to affect other orders, is not allowed to enter your home or office building to complete the handover.

Drivers will be able to inform you of the order number and the intended recipient (as provided on the order) as a means of verification. Additionally, a picture of the driver, as well as his/her vehicle registration number, will be displayed on the order tracking screen on the App, which can be referenced when the driver arrives as a further security check.

You are not required to physically sign for the bags being delivered in your order. The driver will conclude the handover on an electronic device, which will monitor the driver’s location to ensure that the handover takes place at the customer’s delivery address. You will also receive a notification on the App to confirm that the handover has taken place.

Under no circumstances will goods be left unattended by the driver, even if this is requested by the customer as a delivery instruction when placing the order.

It is your responsibility to be present (or to make sure that the person nominated by you when placing the order, is present) for the full duration of your chosen delivery slot. If, in the event that no authorised person is available to accept your order, the driver will return to the fulfilment store, and a credit passed to your Checkers Sixty60 account once the products in your order have been returned to the fulfilment store’s stockholding. This credit will exclude the cost of delivery, or any promotional coupons used to discount the original order (if applicable).

Your order will be presented to you in sealed, brown paper bags branded “Checkers Sixty60”  - with exceptions for loose products unable to fit, or bulk products which are more easily transported and delivered in their original packaging. Should the bags not be sealed, or the seals already broken, you have the right not to accept the order. The driver will return the order to the fulfilment store, and a credit passed to your Checkers Sixty60 account once the products have been returned to the store’s stockholding. The credit will include the cost of the delivery - any promotional coupons used to discount the original order (if applicable) will be re-issued.

Please note adverse weather conditions, accidents, road work, unusual traffic congestion or any other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case we will endeavour to contact you as soon as we are able to and reschedule your delivery time and date. In any event for cancelled deliveries our liability to you will be limited to crediting your Checkers Sixty60 account with the price of any goods not delivered, and the associated delivery charge. We cannot be held liable for delivery delays outside of our control (like a force majeure event) and any refund where liability is accepted will be limited to the cost of the delivery charge.

17.   Delivery and collection charges

A delivery fee is charged per order, for all delivery areas serviced by Checkers Sixty60. Checkers Sixty60 reserves the right to adjust delivery charges, at any time and without prior notification.

18.   Specific exclusions

Some products that are available in-store will not be available on our App.

Please note that the Tobacco Products Control Act of 1993 prohibits the sale of tobacco products through Online Shopping or other electronic media.

Checkers Sixty60 reserves the right to decline to fulfil any order, including bulk purchases of products on promotion or included in a special offer.

Promotions may be limited to a specific amount per purchase. This will usually be indicated on the App. A customer must at all times adhere to these limits and we cannot be held liable for any purchase made over such a limit.

19.   Minimum or maximum order restrictions

Orders are currently subject to a minimum order value of R100.00 (One Hundred Rand) – Checkers Sixty60 reserves the right to amend this policy at any time and apply a new minimum order value without prior notification. Delivery charges, account credits and promotional coupons shall not count towards a minimum order value.

There is currently a maximum order quantity restriction of 30 (Thirty) items. Checkers Sixty60 reserves the right to amend this policy at any time and apply a new order quantity restriction without prior notification.

20.   Damaged goods or delivery order errors

In the event of damaged goods being evident during delivery (e.g. leaking contents visible through the bag, or damaged packaging visible through a tear in the bag), you have the right not to accept the order. The driver will return the order to the fulfilment store, and a credit passed to your Checkers Sixty60 account once the products have been returned to the store’s stockholding. The credit will include the cost of the delivery - any promotional coupons used to discount the original order (if applicable) will be re-issued.

Alternatively, you are able to accept the order and submit an issue on the App for the damaged goods, which will result in a credit being passed to the customer’s Checkers Sixty60 account.

We pride ourself on the quality and accuracy of this service. Accordingly, we monitor and investigate each customer’s claims history.

We hereby reserve the right in our sole and absolute discretion to block your account, should we determine that your claims history places you well above the normal claims ratio.

We may, on special request, re-activate your account on condition that if you continue to claim above the platform ratio we shall block your account indefinitely. 

21.   Product information and images

Images are provided to help you recognise products. Due to certain imagery quality (as provided by third parties), packaging redesign and improvements these may not always reflect exactly the item or pack you receive. Please note that these images should not be used to determine size or volume - please refer to the product information contained in the description and any other additional information as is made available.

Checkers Sixty60 will endeavour to make as much product related information available on our App as is possible. However, this information is gathered from various third party sources outside of Checkers Sixty60 and therefore we accept no responsibility and make no representation, nor give any warranty or undertaking, express or implied, as to the accuracy or completeness of any information provided on our App.

22.   Buying liquor

Pursuant to the Liquor Licensing Act it is an offence for any person under the age of 18 (eighteen) to buy, or attempt to buy, intoxicating liquor, or for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18 (eighteen).

Checkers Sixty60 is committed to upholding both their legal and social obligations as a retailer of liquor. In order to achieve this, Checkers Sixty60has introduced a number of control checks throughout the purchase and physical distribution process (e.g. requesting formal identification of anyone considered to be younger than 18 (eighteen)). Additionally, the liquor license number of the fulfilment store where your order was finalised, is visible on the invoice that can be requested on the App after delivery has taken place.

In accepting these terms and conditions you agree to provide Checkers Sixty60 truthful and accurate information and act in accordance with the Liquor Licensing Act.

23.   Minors

By using the App you warrant that you are over the age of 18 (eighteen) and that you have full legal capacity. If you are under the age of 18 (eighteen) or not legally permitted to enter into a binding agreement, then you may only use the App with the supervision and permission of your parent/legal guardian. If your parent or legal guardian supervises you and consents to your use of the App, then he/she agrees to be bound by these terms and conditions and will be liable and responsible for any actions taken by you or obligations arising under these terms and conditions.

24.   Changing your order

Amendments to orders must be completed on the App before the cut-off time for the respective order has been reached, which is when the finalisation of the order at the fulfilment store has commenced. If the order amount is higher, another authorisation is requested from your bank to hold the revised order amount as discussed in section 27 of these terms and conditions.

25.   Cancellation of orders prior to delivery or collection

Should the order and delivery need to be cancelled, this can be done via the App and must be done before the cut-off time for the respective order has been reached, which is when the finalisation of the order at the fulfilment store has commenced. Cancellations after the cut-off time must be done by rejecting the order when the driver delivers it. A credit will be passed to your Checkers Sixty60 account when the products in your order have been returned to the store’s stockholding, however the delivery fee and any promotional coupons (where relevant) will not be credited to you.

26. General pricing policy

The final order amount subtracted from your bank account when the order is finalised at the fulfilment store, may vary from the amount when placing the order. This is due to the price impact of replacement products to deal with out of stock situations, as well as the exact weight of products priced per kilogram being different to the weight estimate displayed on the App. The final order amount will be calculated as follows:

●      The value of the products ordered

●      Less: the value of products ordered that are out of stock

●      Plus: the value of replacement products selected

●      Less: the requested weight and corresponding value of products ordered that are priced per kilogram

●      Plus: the actual weight and corresponding value of products ordered that are priced per kilogram

●      Plus: the delivery fee

●      Less: any Checkers Sixty60 account credit (where applicable)

●      Less: the value of promotional coupons (where applicable).

27.   General payment provisions

Checkers Sixty60 is authorised to secure a hold for the value of the goods ordered during checkout, and once the order has been finalised at the fulfilment store, to debit the total order amount against the authorised payment type supplied by you when completing your order.  Payment is finalised for the actual invoiced amount once your order has been finalised at the fulfilment store, and prior to delivery. You will be charged the exact cost of your order.

Payment authorisation does not constitute a payment to Checkers Sixty60, but rather confirms the validity of the account information entered at checkout, and the availability of necessary funds.

By submitting your order and payment card details, you warrant that you are over the age of 18 (eighteen), are authorised to make payment with the payment card, and that there are sufficient funds available to pay for the order.

Only the following payment methods are accepted:

●      Visa or MasterCard credit Cards

●      Pin-based  Debit Cards (where the Debit Card is issued with an expiry date and a CVV number.)

For the record, Checkers Sixty60 does not store any of your payment information. Your credit or debit card details are encrypted and transmitted directly to our secure payment gateway.

You are entitled to cancel a payment where fraudulent use of your payment card has been made by another person not acting on your behalf.

28.   Sufficient funds and expiry date on payment card

It is your responsibility to ensure that the expiry date of your payment card is after the requested dispatch date of your order and that your payment card has sufficient funds to cover the purchase. In the event that the payment card has expired, or there are insufficient funds, we will be unable to take payment and fulfill your order.

29.   In the event of a failed payment

This clause applies to failed payments for credit/debit card purchases.

If your order fails payment, a message will appear on the App’s checkout screen advising you of the payment error. Your bank may also send you a notification advising you that your payment has failed. You will be allowed to add new payment details on the App to reattempt payment.

We accept no liability or responsibility for any losses whatsoever, as a consequential result of a failed payment and subsequent order cancellation or delay.

In order to protect your personal data and to ensure our PCI compliance, our Help Centre agents are not allowed to accept alternative payment details via telephone or any other medium. This is for your protection and to ensure our service maintains the highest standards of security.

30.   Checkers Sixty60 Account Credit

When an issue is submitted on the App for products that are damaged, expired, missing or unwanted, or should the delivery of your order have failed, a credit will be passed to your Checkers Sixty60 account for the value of these products, as well as delivery fee if the entire order was affected and where the failed delivery was the fault of Checkers Sixty60.

This credit will automatically be applied to discount your next online order. Alternatively, the user can request on the App for the credit to be refunded into their bank account, which will take between 3 (three) to 5 (Five) working days to reflect. If the user does not place an order or request a refund within 3 (three) years of Checkers Sixty60 account credit being passed by Checkers Sixty60, then the credit will be forfeited. Kindly note that the Checkers Sixty60 account credit is non-interest bearing.

In the event where a combo deal cannot be fulfilled partially or in full due to being out of stock during the fulfillment process, a non-refundable credit will be passed to your Checkers Sixty60 account for the value of the lost savings on the deal. This credit will automatically be applied to discount your next online order.

Product issues must be submitted on the app within 48 (forty eight) hours after delivery has taken place. Thereafter, products can only be returned to your nearest Checkers store for a refund or replacement. To avoid disappointment, please present your tax invoice as proof of purchase when discussing the return with a member of staff at our store, either in electronic or hard copy format.

Checkers Sixty60 reserves the right to suspend a user from the Checkers Sixty60 service should there be evidence of abuse of the credit request process. 

31.   Payment security policy

We are a company that our customers trust through our store network and via our digital channels. We understand your concerns with security and your peace of mind and safety are of the utmost importance to us.

As a result, we have developed highly secure online ordering facilities on our Apps. This is specifically intended to give you confidence when you use your Credit/Debit Card to shop with us - but also when you entrust us with your personal details like addresses and phone numbers.

We comply with all the necessary compliance regulations in effect and as such have partnered with one of the leading experts in the field of secure payments when it comes to the protection of our customers data.

32.   Liability

31.1 You hereby indemnify Checkers, its employees and/or agents of any liability for any failure to perform or delay in performance caused by events outside of the reasonable control of Checkers (for example strikes, trade disputes, accident, computer failure, breakdowns, power failures, shortages affecting Checkers or Checkers’ usual sources of supply or Checkers’ means of delivery of the products or services), save to the extent that such liability cannot be excluded by applicable law.

31.2 Neither Checkers, its agents, associated companies, nor any directors, officers or employees of such, shall be liable for any loss or damage, whether direct, indirect, consequential or otherwise arising from any cause whatsoever, which you or a third party may suffer regarding any orders placed on the App and the delivery thereof.

31.3  Checkers shall not be responsible for any lost, damaged, delayed, incorrect or incomplete orders for any reason whatsoever.

31.4 Checkers shall not be responsible for the failure of any technical element relating to the App and ordering of Food that may result in a discount not being successfully redeemed.

31.5 In the event that Checkers is found to be liable in respect of any claim(s) in connection with the App or any order placed or any related discounts, its liability will not exceed the monetary value of the discount, regardless of the reason for its liability, whether it stems from contract, statute or delict, save to the extent that such liability cannot be excluded by applicable law.

33.   General

32.1 These terms and conditions will be subject to and interpreted under the laws of the Republic of South Africa and the South African courts will have exclusive jurisdiction over any claim arising in connection herewith.

32.2 You may not assign or otherwise transfer all or any part of your rights or obligations under these terms and conditions. You agree that Checkers may, in its sole and absolute discretion, transfer and assign all or part of its rights and obligations under these terms and conditions to one or more third parties chosen by it.

32.3 If any clause or sentence in these terms and conditions is held by a court of law to be void, illegal or unenforceable, the remaining provisions hereof will not be affected and will remain of full force and effect.