These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you", "your", or "the customer") and Pinecreek Restaurant & Farmstall ("Pinecreek", "we", "us", or "our"), located at R102 Old Gonubie Road, Holm Hill, Beacon Bay, East London, 5201, Eastern Cape, South Africa.

These Terms govern your use of the Pinecreek website (pinecreek.co.za), WiFi captive portal, QR table ordering system, kiddies party bookings, loyalty programme, and all related digital services (collectively, "the Services").

By accessing or using any of our Services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must discontinue use of our Services immediately.

These Terms are subject to the Consumer Protection Act 68 of 2008 ("CPA"), the Protection of Personal Information Act 4 of 2013 ("POPIA"), the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), and all other applicable South African legislation.

Please also review our Privacy Policy, which describes how we collect, use, and protect your personal information.

Effective date: 1 March 2026

When you register for an account on our website or WiFi portal, you agree to the following:

• You must provide accurate, current, and complete information during registration.
• Only one account may be created per email address. Email addresses are treated as case-insensitive.
• You are solely responsible for maintaining the confidentiality of your password and account credentials.
• Passwords must be at least 8 characters long and contain both letters and numbers.
• You must notify us immediately of any unauthorised use of your account or any security breach.
• You may not share, transfer, or allow another person to use your account.
• We reserve the right to suspend, restrict, or terminate any account at our sole discretion if we reasonably believe a violation of these Terms has occurred.
• You may request deletion of your account at any time by contacting us. Deletion will be processed in accordance with our Privacy Policy and applicable data retention requirements.

Our QR table ordering system allows you to place food and beverage orders directly from your table. By using this service, you agree to the following:

In compliance with the South African Liquor Act 59 of 2003 and the National Liquor Act 27 of 1989:

• You must be 18 years of age or older to purchase or consume alcoholic beverages.
• When ordering alcoholic items through our QR ordering system, you will be required to confirm your age via a digital age verification prompt before the order can be placed.
• By confirming your age, you declare under penalty of law that you are 18 years of age or older.
• We reserve the right to refuse the sale of alcohol to any person who appears to be under the age of 18 or who is visibly intoxicated, in accordance with South African law.
• It is a criminal offence to misrepresent your age to purchase alcohol. While our digital age verification serves as a compliance measure, Pinecreek retains all obligations as a licensed liquor vendor under the Liquor Act 59 of 2003. The digital age verification prompt does not substitute for physical verification by staff, which may be conducted at the point of delivery.
• Pinecreek holds a valid liquor licence and all alcohol sales are conducted in compliance with applicable liquor regulations.

• Our loyalty programme is operated by PosiTack, a third-party service provider. By participating, you agree to PosiTack's terms of service in addition to these Terms.
• Participation in the loyalty programme is entirely voluntary.
• Loyalty points, rewards, and programme rules are determined by PosiTack and Pinecreek jointly and may be modified, suspended, or discontinued at any time without prior notice.
• Loyalty points have no cash value and cannot be exchanged for cash, transferred to another person, or combined across separate accounts.
• Pinecreek reserves the right to revoke loyalty points or rewards obtained through fraud, system errors, or abuse of the programme.
• When you create a Pinecreek website account, your account may be automatically linked to the PosiTack loyalty system to provide a seamless experience. You may opt out by contacting us.
• To enable seamless access to ordering, loyalty, and party booking features, your account credentials (stored as a secure hash, never in plaintext) are synchronised with the PosiTack platform. This synchronisation occurs automatically when you register, log in, or reset your password.
• Pinecreek is not liable for any technical issues, data loss, or service interruptions within the PosiTack platform.

Our Services use your browser's local storage, session storage, and cookies to provide essential functionality, analytics, and marketing features. For a complete breakdown, see our Cookie Policy. The essential items stored on your device include:

• Authentication tokens (JWT) — Stored in localStorage to keep you logged in. Access tokens expire after 1 hour; refresh tokens after 30 days.
• Cart data — Your QR order cart contents are stored in localStorage and automatically expire after 2 hours of inactivity.
• Age verification status — Stored in sessionStorage for the duration of your ordering session to avoid repeated verification prompts.
• PosiTack authentication tokens — Stored in localStorage to maintain your connection to the loyalty and ordering platform.

By using our Services, you consent to the storage of these data items on your device as described in our Privacy Policy. You may clear this data at any time by clearing your browser's site data. Doing so will log you out and clear your cart.

You agree not to:

• Use our Services for any purpose that is unlawful, fraudulent, or prohibited by these Terms.
• Attempt to gain unauthorised access to any part of our Services, servers, systems, or networks.
• Use automated systems, bots, scrapers, or scripts to access or interact with our Services without our written permission.
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity.
• Interfere with or disrupt the integrity, performance, or availability of our Services.
• Submit false, misleading, or fraudulent information, including but not limited to false age declarations, contact details, or payment information.
• Use our Services to harass, threaten, defame, or abuse any person.
• Attempt to circumvent any security measures, rate limits, or access controls implemented on our Services.

Violation of these acceptable use terms may result in immediate suspension or termination of your account and access to our Services, without prior notice or liability.

You agree to indemnify, defend, and hold harmless Pinecreek Restaurant & Farmstall, its owners, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of or access to our Services.
• Your violation of these Terms or any applicable law or regulation.
• Your violation of any third-party rights, including intellectual property rights or privacy rights.
• Any content or information you provide through our Services.
• Any false age declaration made in connection with the purchase of alcohol.

• Any dispute, controversy, or claim arising out of or relating to these Terms or our Services shall first be addressed through informal negotiation. You agree to contact us in writing and allow a period of 30 days to resolve the matter before pursuing formal remedies.
• If the dispute cannot be resolved through informal negotiation, either party may refer the matter to mediation administered by a mutually agreed-upon mediator in East London, Eastern Cape.
• If mediation fails, the dispute shall be subject to the exclusive jurisdiction of the Magistrate's Court or High Court of East London, Eastern Cape, Republic of South Africa.
• Nothing in this clause prevents either party from seeking urgent interim relief from a court of competent jurisdiction.
• For consumer complaints, you may also contact the National Consumer Commission (NCC) or the relevant consumer court in terms of the CPA.

• Severability — If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
• Entire Agreement — These Terms, together with our Privacy Policy, constitute the entire agreement between you and Pinecreek with respect to the use of our Services, and supersede all prior or contemporaneous agreements, understandings, or representations.
• Waiver — Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any term shall be effective only if in writing and signed by Pinecreek.
• Assignment — You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Pinecreek may assign its rights and obligations without restriction.
• Force Majeure — Pinecreek shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics, power failures, internet outages, government actions, or civil unrest.
• Headings — Section headings in these Terms are for convenience only and shall not affect the interpretation of any provision.

If you have any questions, concerns, or complaints regarding these Terms and Conditions or our Services, please contact us:

For POPIA-related queries, please refer to our Privacy Policy for Information Officer contact details.