Terms and conditions of the Eat Out Restaurant Relief FundĀ 

Introduction

  • Eat Out, in co-operation with the non-profit organisation Community Chest, has established the Eat Out Restaurant Relief Fund ("the Fund") with the objective to provide qualifying South African restaurants with financial aid to sustain their businesses and preserve jobs in an attempt to curb the paralysing effect of the coronavirus disease 2019 (COVID-19) pandemic (the "pandemic") on the local restaurant industry. 
  • To access funding from the Fund, restaurants must demonstrate how they intend to apply the funding to relieve the negative effect of the pandemic on communities where food security has been impacted and on their businesses and consequently on the livelihood of restaurateurs, chefs and/or other employees. This can be achieved by utilising the funding to subsidise expenses towards the restaurants' fixed costs, operational costs, employees, supplies or other relevant cost items.
  • The Fund will support registered businesses within the restaurant and food industry that are operating and supplying meals to the community from their onsite or offsite kitchens.
  • Funding will be allocated in accordance with the Fund's stated objective. 
  • Eat Out strictly reserves the right to request any further information from applicant restaurants in order to confirm that applicants meet the qualifying criteria. See Request Funding page for qualifying criteria.
  • Eat Out reserves the right to decline any application on any basis (without the need to provide reasons), including that a relevant application isn’t aligned with the Fund’s objective or that a restaurant fails to meet the qualifying criteria. 
  • The available funding and duration of existence of the Fund will directly depend on the donations received by the Fund.
  • Eat Out will receive no commercial benefit from the donations – Eat Out and New Media are donating time, the team, brand, running costs and resources to this initiative at no cost, so that all money donated can go directly to qualifying restaurants.

Indemnity

  • Restaurants applying to the Fund undertake to Eat Out :
    • to observe and comply with all applicable laws, regulations and government directives which may from time to time be in force in South Africa;
    • that it has obtained and it is in compliance with all authorisations required to enable it to lawfully carry out its business under normal circumstances;
    • that it has disclosed to Eat Out all such information that may be material to the granting of funds from the Fund to it, and that all information disclosed in the application process is true, correct and complete in every material respect.
  • Eat Out does not accept any liability in this regard. Eat Out has no control over and is not responsible for the quality, safety or legality of an applicant restaurant or the accuracy of any information provided by it 
  • In submitting an application to the Fund, an applicant restaurant indemnifies and holds Eat Out, Community Chest and the Fund, and their respective employees, officers, directors, subsidiaries, shareholders, affiliates, holding companies,  successors, assigns, representatives, agents, advisers, service providers, sub-contractors and suppliers harmless to the fullest extent possible from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorneys’ fees) arising from:
    •  the restaurant's application and any information submitted by it;
    •  any funding obtained; 
    • any breach by the restaurant of the terms set out herein or as may be subsequently agreed by the parties; 
    • the restaurant's breach of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or
    •  any claim that any content or information submitted by a person on the restaurant's behalf is inaccurate, defamatory, unlawful, offensive and/or discriminatory and/or that it caused damage or loss to any person;

Qualifying criteria for restaurants
In order to apply for funds from the Fund, a restaurant must submit its completed application form (available at https://help.eatout.co.za) to help@eatout.co.za, together with copies of the following documents :

  • Permit/certificate as an Essential Service provider during lockdown level 4 – in colour (not a black-and-white copy). If you are working from on offsite kitchen, please provide the essential service permit for this Establishment.
  • Business registration document/certificate
  • Copy of ID of the person in charge of the funding received/owner of the establishment
  • A proof of banking details letter issued by your bank within the last three months, or if this is not possible, please download proof of banking details from your banking online portal.
  • Proof of address and geographic area.
  • proof of valid registration with the Companies and Intellectual Property Commission (CIPC) or as a sole proprietor
  • a valid tax clearance certificate or PIN.

Funding Mechanism

  • The application form and supporting documents from the restaurant will be assessed by an applications panel composed of four people including: Natalie Wilson (Head of Food), Andrew Nunneley (Brand Strategy Director of New Media), Tarryn Corlett (Head of Eat Out Restaurant Relief Fund) and Lorenzo Davids (CEO of Community Chest).
  • The applications panel will award and allocate the amount of funding to qualifying and deserving restaurants in its exclusive and absolute discretion. In doing so the applications panel may take into account considerations including (but not limited to) the level of financial distress of the qualifying restaurant, the prospects of the restaurant surviving the pandemic; the manner in which the restaurant intends to apply the funding, the number of applications received and the funds available in the Fund at the given time.
  • Successful applicant restaurants ("Fund Beneficiaries") will receive a funding notification letter and a request for an invoice so the funds can be paid out. 
  • Funding to Fund Beneficiaries will be granted on an once-off ex gratia basis and will be capped at a maximum per restaurant of R50 000, with the potential that further funds may be granted to existing Fund Beneficiaries in the following month or months, provided that sufficient funds are available and that reporting by the Fund Beneficiary has been thorough. The Fund will not be obliged to make any further funding available to Fund Beneficiaries. 
  • Fund Beneficiaries must apply any funds received, together with any interest earned upon it :
    • strictly for the purpose outlined in the funding notification letter. Funds may not be expended for any other purpose without the Fund’s prior written approval; and
    • within the period specifically set out in the funding notification letter. Any portion of an award not expended within the prescribed time frame shall be returned to the Fund immediately.

Reporting on funds received

  • Fund Beneficiaries will keep proper record of all receipts and expenditures relating to the funds received and shall provide the Fund with a comprehensive written report detailing the utilisation of funds promptly following the end of the period during which the Fund Beneficiary is to use the funds in terms of the funding notification letter.
  • Fund Beneficiaries may be required to submit interim reports to the Fund. 
  • Reports must set out the Fund Beneficiary's progress in achieving the purposes for which the funds were intended, and include a detailed accounting of the uses or expenditure of the funds together with written proof thereof (such as invoices, receipts, POP's and similar). Please see the reporting guidelines which will be sent to you if successful.
  • Fund Beneficiaries are encouraged to submit photos and video footage illustrating how the funds received may have assisted in alleviating the hardship caused by the pandemic, as proof of use of funds and also to be shared on Eat Out’s online channels to spread good-news stories.
  • The Fund reserves the right to audit any amounts allocated to Fund Beneficiaries, in which event the Fund Beneficiaries will grant representatives of Eat Out or Community Chest or the Fund reasonable access to its financial statements (including audited versions) and books of account covering any part of the period during which funds allocated by the Fund were to be applied. 
  • Fund Beneficiaries undertake to :
    • to use their own kitchen (in part or in whole) or a registered offsite kitchen, to prepare the required meal units (in bulk or in individual units) that will be distributed to an NGO or community hub that distributes food in your community during the month indicated in your letter.
    • comply with all COVID19 regulations; the Eat Out Restaurant Relief Fund does not hold any liability for your breach thereof.
    • retain the relevant financial records, along with copies of any reports submitted to the Fund, for at least five years following the year in which the funds received are fully expended.
    • provide the Fund with any other information that may be reasonably requested by the Fund; 
    • notify the Fund immediately in writing of their inability to expend the funds for the purposes described in the funding notification letter; and/or any expenditure made for any purpose other than those for which the funds were intended.
    • have all applicable health and related permits and certificates to operate your establishment during the conditions governing the COVID19 Disaster Declaration. 
  • Misspent funds and unused funds must be returned to the Fund, failing which legal action will be taken. 


Information submitted by restaurants

  • By submitting any information to the Fund, restaurants warrant and agree that :-
    • they are entitled to use that information for the purpose for which it was submitted, and that Eat Out, Community Chest and the Fund may use it for such purpose; 
    • all such information is and is kept accurate and up-to-date at all relevant times.
  • During the course of its interaction with the Fund, restaurants may be required to provide the Fund with certain personal information relating to the restaurant and/or individuals associated with the restaurant.  By disclosing or submitting such personal information to the Fund, the relevant persons consent to the Fund collecting, processing and storing the personal information for the purposes and in the manner as prescribed by law. 

Agreement and indemnity

  • By submitting an application to the Fund, restaurants agree to enter into a legally binding agreement with Eat Out, Community Chest and the Fund upon the terms set out in this document. A restaurant's submission of an application to the Fund will be deemed to mean that the restaurant agrees to the terms set out herein. 
  • Fund Beneficiaries may agree to additional terms from time to time, including as set out in the funding notification letter, which terms will supplement and be deemed to be incorporated by reference in, and read with and as part of, these terms.