Mzansi Food Terms of Use

Effective: July 1, 2021

1.     Your Acknowledgement

  • Thank you for visiting Mzansi eCommerce Technologies (Pty) Ltd, mzansie.com, the Parent Organization of Mzansi Food with its website www.mzansifood.com , by using and/or accessing our Applications (Apps), Websites, Platforms and/or Services, you agree to be bound by our Terms of Use. Please read these Terms of Use very carefully before you use the Services. By downloading and installing or even merely browsing the Platform on the internet, you shall be contracting with Mzansi Food and you signify your acceptance to the Terms of Use and other Mzansi Food Policies (including but not limited to the Cancellation & Refund Policy, and Privacy Policy as posted on the Platform from time to time, which takes effect on the date on which you download, install or use the Services, and create a legally binding arrangement to abide by the same. If you do not agree to these Terms of Use, you may not use the Services on the Platform, and we request you to uninstall the Apps. These Terms may change from time to time, so please check periodically.

 

  • These Terms of Use describe how Mzansi eCommerce Technologies (Pty) Ltd, its respective subsidiaries, affiliates, associated companies and jointly controlled entities (collectively “Mzansi Food”, We”, “Us” or ‘Our”) collect, use, process and disclose your Personal Information through the use of Mzansi Food’s Platforms and Services (including all Mobile Applications and Website Applications operated by Mzansi Food (respectively “Apps” and “Websites”), products, features and other Services (collectively, “Services”). The Terms of Use apply to all our Customers, Agents, Vendors, Suppliers, Partners, Third-Party Providers and Service Providers (collectively “User”, “You”, “Your” or “Yours”, “They”, “Them”, “Their”) and they govern your use of our Website mzansifood.com (the ” Website“) and our “Mzansi Food” Application for Mobile and handheld devices (the ” Apps“). The Websites and the Apps are jointly referred to as the ” Platform“. Mzansi Food Apps are available for download from various App Stores identified by Mzansi Food from time to time, on compatible electronic devices, or accessible through the Websites, or Platforms and/or Services.

 

  • The Platform is operated and owned by Mzansi eCommerce Technologies (Pty) Ltd, a company incorporated under the Companies Act No. 71 of 2008, with registration number 2020/242676/07. For the purpose of these Terms of Use, wherever the context so requires, “You” shall mean any natural or legal person who has agreed to become a Buyer or Customer on the Platform by providing Registration Information while registering on the Platform as a registered user using any computer systems or electronic device.

 

  • Mzansi Food only facilitates transactions between participants Restaurant Partners and/or Retail Store Partners and Buyers/Customers, dealing with prepared food and beverages (” Platform Services“). The Buyers/Customers can choose and place orders (” Orders“) from variety of Products listed and offered for sale by various Retail Stores including but not limited to the Restaurants and Eateries (” Retail Stores“), on the Platform and Mzansi Food enables delivery of such Orders at selected localities of serviceable Cities/Towns, Rural or Urban Areas across South Africa (“Delivery Services“). The Platform Services and Delivery Services are collectively referred to as ” Services“. For the delivery Services rendered, Mzansi Food may charge the Buyer/Customer a Delivery Fee or Delivery Charge (inclusive of applicable Taxes whenever not expressly mentioned).

 

  • These Terms of Use may be amended from time to time as we continually develop Apps and Websites, or Platforms and/or Services we provide. We may amend these Terms of Use by posting the amended Terms of Use on our Website mzansifood.com/termsofuse. These amended Terms of Use would take effect 7 days following being posted. Should you no longer wish to use the Apps or Websites, or Platforms and/or Services you can simply stop using them. You can also Logout from your Account with us (“My Account”) or you can contact us by emailing accounts@mzansifood.com and request that we deactivate/delete your Account. If you fail to comply with these Terms of Use, your permission to use the Apps or Websites, or Platforms and/or Services automatically terminates and we may disable your use of the Apps or Websites, or Platforms and/or Services. The provisions of these Terms of Use apply equally to, and are for the benefit of Mzansi Food, its Subsidiaries, Affiliates, Licensors, and its Third-Party content providers and licensors, and each shall have the right to assert and enforce such provisions directly.

 

  • By accessing the Apps, Websites, Platforms and/or Services, you acknowledge and agree that you have read, understood, and agree to be bound by these Terms of Use. You agree, represent and warrant, so long as you use or access the licensed Services, that you will not, under any circumstances, access, view, or use the Services while driving or otherwise operating a vehicle of any kind (including, without limitation, a Car, Truck, Motorcycle, Scooter, or Bicycle) or operating any dangerous equipment or machinery. You understand that using any handheld device in these circumstances is extremely dangerous, and can result in property damage, physical injuries (including dismemberment) or death. You further agree, represent and warrant, that you will not use or access the Services in any manner that places yourself or any other person at risk of injury, and that you will abide by all traffic laws. While effort is made to assure the accuracy of the information presented to you is sufficient, you are responsible for safe driving and for the consequences of decisions as to where to travel or where to drive. Under no circumstance will any of the Mzansi Food parties assume any responsibility or liability for the consequences of driving decisions made by you. You expressly agree that no Mzansi Food Parties shall be liable for any driving decisions made by you or at your suggestion or for any damages, injury or other harm caused by your use of or accessing the licensed Application, Services or content while driving, operating equipment or machinery, or otherwise in a dangerous and unsuitable manner, and waive any claims or causes of action you may have, now or in the future, arising from or relating to the same.

 

  • Definitions

 

 

Application (App) means software or program or group of programs designed for end-users.

 

Customer/Client/Buyer means any user of the Mzansi Food Platform that has placed an Order and enters into a Sales Agreement with the Restaurant Partners and or/ Retail Store Partners and a Delivery Service.

 

Content means all content including (but is not limited to) reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data.

“Your content” or “user content” means content that you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, profile information, and any other materials that you publicly display or displayed in your Account Profile.

 

“Mzansi Food Content” means content that Mzansi Food creates and make available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your Account and all other elements and components of the Services excluding your content and Third-Party Content.

“Third Party Content” means content that comes from parties other than Mzansi Food or its users and is available on the Services.

 

Delivery Services means the group of organization or company that delivers prepared fresh food and beverages or groceries, etc. to Customers/Clients/Buyers.

 

Device means any device, workstation, electronic Application or electronic receiving device such as Mobile Phone, Tablet Desktop or Laptop.

 

Delivery Address means the address indicated in the Order, where the Customer/Client/Buyer wishes to receive the ordered food.

 

Distance means the distance in kilometre away from the Restaurant/Retail Store to your home or delivery address
General Terms means Terms of Use applicable to the relationship between Mzansi Food, Retail Stores and Customer in relation to the use of the Mzansi Food Platform.

 

License means a license granted by us to you in the Terms of this agreement for use of the Mzansi Food Platform.

 

Marketplace means the virtual marketplace created through the Mzansi Food Platform and operated by Mzansi Food that enables the participating Restaurant Partners and or/ Retail Store Partners to market their meals to users so that the they can order the meal and enter into the Sales Agreement with the Restaurant Partners and or/ Retail Store Partners as Customers for purchasing the meal and utilize the on-demand delivery Services offered at the Marketplace.

 

Meal means any ready-made meal and/or other food product or beverage that the Restaurant Partners and or/ Retail Store Partners offer for sale through the Mzansi Food Platform.

 

Meal Price means the net price (together with applicable Value Added Tax, sales or other Taxes where applicable) that the Customers must pay to the

Restaurant Partners and or/ Retail Store Partners for the ordered meal.

 

Retail Stores means any person or company engaged in the business of selling or trading goods and/or products.

 

Merchant

 

means the operator of any Restaurant, Café, bistro, Food Kiosk, Canteen, delivery-only-kitchen, Fast Food, gastronomy department in a grocery store or other meal production establishment that provides its Services on the Mzansi Food Platform.

 

Minimum Order Price

 

means the amount which indicates the minimum meal price of a meal for which an Order can be placed through the Mzansi Food Platform.

 

Mobile Application means the Mobile phone / Cell-Phone software Application which enables you to [select, order and pay for products] using your phone. It includes any “app” or other product, material or thing offered by us on our Website, including supporting material, in hard or soft copy, and whether or not bought by you.

 

Orders Items of food and beverages that Customers ordered using Mzansi Food Platform.

 

Order Price means the price that the user has to pay for the purchase(d) Meal(s) and delivery of the Order.

 

Platform means any channel of system or software of Mzansi Food that user can interact with to view, buy, etc. the goods and/or Services.

 

Product means any product offered for sale on our Website, through any medium.

 

 

 

 

 

 

Sales Agreement Sales Agreement is a contract between parties for a sale of a ready-made meal and/or other food product or beverage.

 

Service means the service we provide to you via the Mzansi Food Mobile Application and/or Website Application.

 

Software means the software which constitutes the Mzansi Food Application, or which provides any electronic function which supports the use of it.

 

Third-Party means any sort of outsource elements of its distribution, delivery, and fulfilment Services.

 

User means any person that uses Mzansi Food Platform and has registered on Mzansi Food Account, uses the Services of the Mzansi Food Platform.

 

Website means any Website or service designed for electronic access by Mobile or fixed devices which is owned or operated by us. It includes all the hardware and software installations that enable our Website to function.

 

 

2.     How it works

2.1 Mzansi Food Customers

Mzansi Food is a South African’s online food ordering and delivery service Platform that is connecting Customers to thousands of local Restaurants and/or Retail Stores across the South African region. Mzansi Food delivers to any of the addressable population with more Restaurants to choose from. You can order food and beverages or products from Mzansi Food Platform either via the Application available on App Store and Android Play Store, or from your Desktop, Laptop or Tablet. If you do not have the App installed, please download it from the Apple App Store or Android Google Play Store. Once installed on your device, simply enter your delivery location and search via cuisines, offers, delivery method, ratings, etc. Once you have placed your order, the Restaurant Partner and or/ Retail Store Partner will accept the order and you will receive Order confirmation via email or push notifications.

 

 

 

Meet Mzansi Food, the leading online food ordering delivery service designed to give your restaurant a competitive edge.

Mzansi Food Customers

 

Crave it? Get it! Click here to get started:

 

Your favorite food delivered hot and fresh

Great news! Mzansi Food is creating a more seamless experience with your daily needs in the everyday super meal.

Satisfy your cravings by getting the food you love from your favorite restaurants.

 

 

Just a tap away.

Feed your cravings with your favorite foods delivered to you, wherever you are.

 

Foods for all cravings.

From local fare to restaurant favorites, our wide selection of food will definitely satisfy all your cravings.

 

Pay with ease.

It’s easy to get your meals delivered to you. It’s even easier to pay for it with.

 

Our objective is to link you (the Customer) with the Restaurants/Retail Stores we partner with (Restaurant Partners and/or Retail Store Partners “) and allow you to order Items via our online Application for delivery (our “Service”). Where you place an Order from a Restaurant Partner and/or Retail Store Partner, Mzansi Food acts as an Agent on behalf of that Restaurant Partner and/or Retail Store Partner to conclude your order from our Application and to manage your experience throughout the order process. To use the Application, you must have downloaded the App from App Store or Google Play Store or search on Google or visit the Website www.mzansifood.com .

 

You may place an order for food and beverages using the Mzansi Food App or Website by entering your address or your location of delivery and then click Find Restaurants on the Website Platform, or search for Restaurants on the App Platform, therefore all the listed Restaurants and Retail Stores on our Platform will be displayed, similarly, you may click on Get Nearby on the Website, a map with all listed nearby Restaurants and Retail Stores  will be displayed and you can choose the Restaurants and Retail Stores of your own choice. You can filter Restaurants and Retail Stores by alphabetical, ratings, free delivery, minimum order, etc.

 

Each Restaurant and Retail Store has its own Estimated Delivery Time, type of food menu offered, distance away from you, address of the Restaurant/Retail Store, ratings, etc. On the menu options there are various categories of menus to select from, choose the menu and add items to Cart that displays the price of the items, and number of items, Tax Amount, Tip for the Delivery Driver, Delivery Charge of the food and beverages if Delivery is selected, you may also provide a special instruction on how you want your food and beverages. By clicking on add items to Cart, all the items selected will be added into the Cart as your order.

 

On Checkout page you will be required to Login, if you do not have an Account with Mzansi Food, you may register to complete the Order. An added item into Cart window will pop-up and a summary of your order window will pop-up, you may select Delivery Order, or you may select to Pick-up the order yourself or you may select to Dine-in in the Restaurant. After Login you can confirm your Order information, home address and delivery address, etc. You may review you Order again by ticking Yes or No on Tip the Delivery Driver by entering percentage or fixed amount. You may also enter promotional code if there is any. On Checkout you may select to pay by cash on delivery, pay on card, etc., then the food will be delivered to you, if delivery selected.

 

 

 

 

2.2 Become a Delivery Driver Partner

 

Start accepting orders

Own a smart phone to accepts orders and deliver to hungry customers

 

 

Earn Good Money

Earn up to R100/hr. Sign on any time to start making money immediately.

 

 

Pick Up and Drop Off deliveries

It is that simple. Once notified, you just pick up order and drop it off.

Deliver with us

Restaurant Partners and/or Retail Store Partners that make use of Mzansi Food Delivery Drivers to do deliveries will be able to live track the Delivery Drivers on the live Google Map, either way, you can check the real-time status of your Order via the Mzansi Food App on the Google Map or Website by typing order number on Track Order.

Earn on your own schedule!

 

 

 

 

2.3 Become a Restaurant Partner or Retail Store Partner

NB: We provide Restaurants and Retail Stores to use our platform for free for 30 days as a trial, if you’re satisfied with our services you can start partnering with us. 

How Does Mzansi Food Work for Restaurants?

Restaurant managers have many questions to ask when partnering with a technology platform like Mzansi Food — from updating your menus, to uploading food photos and etc. But the choice that likely has the biggest impact on the day-to-day Mzansi Food delivery process is the order management protocol — that is, how restaurants receive Mzansi Food orders.

Here, we’ll explore the journey of a Mzansi Food order to highlight how Mzansi Food works for restaurants. 


How do customers place Mzansi Food orders?

When hungry customers are ready to place a delivery order, they can browse Restaurants on Mzansi Food website www.mzansifood.com    or the Mzansi Food App. Customers can search for their favourite Restaurants, or filter Restaurants by cuisine, location, delivery times, promotions and more. Customers enjoy the ease and convenience of browsing thousands of restaurants in a single app, as well as the ability to track their deliveries and get Restaurant-quality food without leaving their couches.

Once the customer chooses a Restaurant, they place their order, pay for it right in the app and receive an estimated delivery time. That’s when Restaurants receive the order via their chosen order protocol.

How do restaurants receive Mzansi Food orders?

The order protocol is the way that Restaurants receive orders from a technology partner like Mzansi Food. Restaurants can choose to receive orders on the device of their choice to maximize their profitable efficiency. At Mzansi Food, Restaurants have order protocol:

Use a Tablet/Laptop/Desktop or Smart Phone to receive Mzansi Food orders

If you have your own Tablet/Laptop/Desktop or Smart Phone, you can register with us and login on the Merchant Manager Application — our all-in-one tool for receiving, organizing, and tracking pickup and delivery orders. Mzansi Food can also provide a tablet for you for a small weekly fee. Just order it by info@mzansifood.com

With the Merchant Manager Application , Restaurant managers can adjust prices and menu items in real time, including deactivating (and reactivating) specific items that are out of stock. The Merchant Manager Application  also helps Restaurant managers coordinate with Delivery Drivers, prepare for large orders, and contact both the customer and Mzansi Food support via chat communication system.

Be sure your Tablet/Laptop/Desktop or Smart Phone is on loud and the Tablet/Laptop/Desktop or Smart Phone is placed somewhere that is easily accessible by your staff. When a customer places a Mzansi Food order, you will receive a notification on the Merchant Manager Application  allowing you to quickly and efficiently process orders.

THE BELOW IMAGES INDICATES THE DASHBOARD OF THE MERCHANT MANGER

 

THE BELOW IMAGES INDICATES THE INCOMIG ORDERS

Quick tips for successful delivery operations

Ensure your food items travel well

To increase the efficiency of your takeout operations, create a streamlined menu featuring a few key items. While you want to include your popular items, prioritize food that will not be a soggy mess by the time it arrives at the customer’s place. Take steps to ensure your food travels well, such as packaging sauces separately, placing hot and cold items in separate bags, and piercing hot food containers for ventilation. Mzansi Food Delivery Drivers will deliver your food with care in insulated food delivery bags that maintain both hot and cold food temperatures.

Optimize your menu for profitability

Update your menu to focus on higher-margin items, best-sellers and dishes that can be prepped in advance to ensure an efficient and profitable off-premise operation. You can also encourage upsells by offering add-ons such as protein to toppings to salads, bowls, burgers, and more.

Keep a close eye on incoming orders

You need to have staff members that monitors and accepts incoming orders from customers. That way, they can make sure new orders are quickly accepted and sent to your kitchen for preparation.

Explore Mzansi Food promotions and products

When you join the Mzansi Food marketplace, you get access to a range of marketing promotions to take your off-premise business to the next level. Our most popular products helps you attract new customers with free delivery on their first order. With Order Again and Save, you can offer discounts to loyal regular customers.

Once the item is ready to be delivered, select a spot in your restaurant where Delivery Driver can quickly pick up orders without disrupting operations. The Mzansi Food platform enables you to track orders in real time, so you’ll know exactly when they’re delivered to happy customers.

Delivery, simplified

You don’t need a complete overhaul of your restaurant when it comes to delivery — that’s why Mzansi Food offers a variety of protocols to seamlessly integrate with the technology, supplies, and staff you already have. If you’ve been waiting to get on board, now is the time to try out Mzansi Food and see its positive impact on your business.

Ready to become a Mzansi Food Merchant Partner?

 

ADD YOUR RESTAURANT

Market your restaurant online. Customers are ordering online now more than ever – be where they are. Mzansi Food is one of the leading online food ordering system, developed to work for restaurants

 

 

 

 

 

 

GET MORE ORDERS! MAKE MORE MONEY!

Online orders are typically between 10% and 30% larger than phone orders. It is a widely reported statistic from businesses.

 

 

 

 

 

 

 

INCREASED SALES

Online orders are significantly larger by up to 20% compared to telephone orders, and your repeat business will increase dramatically because a happy customer is a loyal one.

 

 

 

 

Marketing Promotions

Make the most of the Mzansi Food Marketplace with Promotions like “First Order, Free Delivery” and “Order again and Save” that improve your placement, lower delivery fees and attract first-time customers.

 

 

 

 

 

3.     Account Registration

  • You may access the Platform by registering to create an Account https://www.mzansifood.com/frontend/register (” Mzansi Food Account“) and become a member (” Membership“); or you may also Login into the Mzansi Food Platform with certain Third-Party Social Networking Sites (” SNS“) (including, but not limited to, Facebook and Google); each such Account, ” Third Party Account“. The Membership is free and limited for the purpose and subject to the Terms, and strictly not transferable. As part of the functionality of the Platform Services, you may link your Mzansi Food Account with Third Party Accounts, by either: providing your Third-Party Account Login Information to us through our Platform. You represent that you are entitled to disclose your Third-Party Account Login Information to us and/or grant us access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the Terms of Use that govern your use of the applicable Third-Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such Third-Party Service Providers. By granting us access to any Third-Party Accounts, you understand that we will access, make available and store (if applicable) any content or information that you have provided to and stored in your Third-Party Account (” SNS Content“) so that it is available on and through our Platform via your Mzansi Food Account. Unless otherwise specified in these Terms of Use, all SNS Content, if any, will be your content for all purposes of these Terms of Use. Depending on the Third-Party Accounts, you choose, and subject to the Privacy Policy settings that you have set in such Third-Party Accounts, Personally Identifiable Information that you post to your Third-Party Accounts will be available on and through your Mzansi Food Account on our Platform. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-party Account is terminated by the Third-Party Service Provider, then SNS content will no longer be available on and through our Platform. When creating an Account, your Account will be created on your Mzansi Food Account for your use of the Platform Services based upon the Personal Information you provide to us or that we obtain via Social Networking Sites.

 

  • You may only have one Mzansi Food Account and not permitted to create multiple Accounts. If found, you are having multiple Accounts, Mzansi Food reserves the right to suspend such multiple Accounts without being liable for any compensation. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. You are responsible for safeguarding your passwords. You agree that you will not disclose your passwords to any Third-Party Service Provider and that you will take sole responsibility for any activities or actions under your Mzansi Food Account, whether you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Mzansi Food Account. Products and Services purchased from our Platform are intended for your personal use and you represent that the same are not for resale or you are not acting as an Agent for other Parties. We reserve the right to suspend or terminate your Mzansi Food Account and your access to the Services: (i) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete, (ii) if it is believed that your actions may cause legal liability for you, other users. (iii) if you are found to be non- compliant with our Terms of Use.

 

4.     Downloading and Accessing the Application

 

  • The following applies to any Software accessed through or downloaded from the Apple App Store and/or Android Google Play Store (an “App Store and/or Android Google Play Store Sourced Application”):

You acknowledge and agree that:

  • the Agreement is concluded between you and Mzansi Food only, and not Apple or Android,
  • Mzansi Food, not Apple and/or Android, is solely responsible for the App Store and/or Google Play Store Sourced Application and content thereof. Your use of the App Store and/or Android Google Play Store Sourced Application must comply with the App Store and/or Android Google Play Store Terms and Conditions.
  • You acknowledge that Apple and/or Android has no obligation whatsoever to furnish any maintenance and support Services with respect to the App Store and/or Google Play Store Sourced Application. In the event of any failure of the App Store and/or Google Play Store Sourced Application to conform to any applicable warranty, you may notify Apple and/or Android, and Apple and/or Android will refund the purchase price, if any, for the App Store and/or Google Play Store Sourced Application to you and to the fullest extent permitted by law, Apple and/or Android will have no other warranty obligation whatsoever with respect to the App Store and/or Google Play Store Sourced Application. As between Mzansi Food and Apple and/or Google Play Store, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Mzansi Food. You and Mzansi Food acknowledge that, as between Mzansi Food and Apple and/or Android, Apple and/or Android is not responsible for addressing any claims you have or any claims of any Third-Party relating to the App Store and/or Google Play Store Sourced Application or your possession and use of the App Store and/or Google Play Store Sourced Application, including, but not limited to:
  • product liability claims.
  • any claim that the App Store and/or Google Play Store Sourced Application fails to conform to any applicable legal or regulatory requirement.
  • claims arising under consumer protection or similar legislation.
  • You and Mzansi Food acknowledge that, in the event of any Third-Party claim that the App Store and/or Google Play Store Sourced Application or your possession and use of that App Store and/or Google Play Store Sourced Application infringes that Third Party’s intellectual property rights, as between Mzansi Food and Apple, and/or Android; Mzansi Food, not Apple and/or Android, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms. You and Mzansi Food acknowledge and agree that Apple and/or Android, and Apple and/or Android’s subsidiaries, are Third-Party beneficiaries of the Terms as related to your license of the App Store and/or Google Play Store Sourced Application, and that, upon your acceptance of the Terms and Conditions, Apple and/or Android will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store and/or Google Play Store Sourced Application against you as a Third-Party beneficiary thereof. Without limiting any other terms of the Terms, you must comply with all applicable Third-Party Terms of agreement when using the App Store and/or Google Play Store Sourced Application.

 

 

5.     Delivery Service Providers (Drivers)

 

  • Registration

To become a Delivery Driver Partner with Mzansi Food, you must create an Account with us on https://www.mzansifood.com/apply-driver-online , you represent to us that all information provided to us in such process is true, accurate and correct, and that you will update your information as and when necessary in order to keep it accurate. You represent to us that you are the owner or authorized Agent of such business. You may not impersonate someone else, create or use an Account for anyone other than yourself, provide an email address other than your own, create multiple Accounts. Mzansi Food is constantly evolving in order to provide the best possible experience and information to its users. You acknowledge and agree that the form and nature of the Services which Mzansi Food provides, may require effecting certain changes in it, therefore, Mzansi Food reserves the right to suspend/cancel, or discontinue any or all Products or Services at any time without notice, make modifications and alterations in any or all of its contents, Products and Services contained on the site without any prior notice. We provide the software available for free download on App Store and Google Play Store (Mzansi Food Driver App) and may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software Application Store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms of Use shall be considered part of the Services. You acknowledge and agree that if Mzansi Food disables access to your Account, you may be prevented from accessing the Services, your Account details or any files or other content, which is contained in your Account. You shall not reverse look-up, trace or seek to trace any information on any other user of or Visitor to the Application, or any other Customer of Mzansi Food, including without limitation any User Account not owned by you, to its source, or exploit the Application or any service or information made available or offered by or through the Application, in any way where the purpose is to reveal any information, including but shall not be limited to Personal Identification Information, other than your own information, as provided for by the Application. You are aware that when responding to users, standard telecommunication charges may apply which shall be solely borne by you. If you are required to and do Sign Up for an Account on behalf of your employer, your employer shall be the owner of the Account, and you represent and warrant that you have the authority to bind your employer to the Agreement.

 

  • Requirements

You must possess a valid driver’s license and are authorized to operate a Motor Vehicle and have all the appropriate licenses, approvals, and authority to provide transportation delivery Services in which you use the Services. You own, or have the legal right and authority to operate, and you have all appropriate licenses and approvals in respect of the Vehicle, Motorcycle, Bicycle or other mobility device (“Vehicle”) which you intend to use when providing transportation or delivery Services, and such Vehicle is in good operating condition and meets the industry safety standards for Vehicles of its kind, and you will use the appropriate road safety equipment (e.g., helmet). You have a valid policy of liability insurance (in industry-standard coverage amounts) for the operation of your Vehicle and/or Business Insurance to cover any anticipated losses related to the operation of a transportation service or delivery service. You shall be solely responsible for any and all claims, judgments and liabilities resulting from any accident, loss or damage including, but not limited to, personal injuries, death, total loss and property damage which is due to or is alleged to be a result of the transportation/delivery service provided by you. You shall obey all local laws related to the operation of transportation service or delivery service and will be solely responsible for any violations of such local laws. You shall not contact users for other purposes other than in connection with the service.

  • Services usage

You agree that you are forbidden from giving out Coupons and suggesting any other form of Discounts to the users. You are strictly forbidden to use the service for other purposes such as but not limited to data mining of Mzansi Food’s information or information related to the Application or the service. A breach hereof constitutes a grave offence and may be treated as industrial espionage or sabotage, and Mzansi Food reserves the right to take such action as may be appropriate or permitted under the law against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you use the service other than for the purpose for which it is intended to be used. By using the service, you also represent, warrant / undertake that:

  1. you have legal capacity to enter into the Agreement and that you are at least eighteen (18) years old or above. You cannot enter into the Agreement if you are below eighteen (18) years old.
  2. all the information which you provide shall be true and accurate.
  3. you will only use the Application, Platform and Service for their intended and lawful purposes.
  4. you will keep your Account password or any identification we provide you which allows access to the Service to be secure and confidential.
  5. you agree to notify us immediately of any unauthorized use of your Account or any other breach of security.
  6. you will not try to interrupt or harm the Service, Application and/or the Software in any way.
  7. you will not attempt to commercially exploit any part of the Application without our permission, including without limitation modify any of the Application’s content in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose without our permission.
  8. you shall not impair or circumvent the proper operation of the network which the Service operates on.
  9. you will not authorize others to use your identity or user status, and you may not assign or otherwise transfer your User Account to any other person or entity.
  10. you will provide us with whatever proof of identity or any other documents, permits, licenses or approvals which we may reasonably request or require.
  11. you will not use the Application for sending or storing any unlawful material or for fraudulent purposes.
  12. You will not use the Application and/or the Software to cause nuisance or behave in an inappropriate or disrespectful manner towards Mzansi Food or any Third-Party.
  13. when using the Service, you agree to comply with all laws applicable to you and/or your use of the Service.
  14. you will not copy or distribute the Software or other content without written permission from Mzansi Food.
  15. you will provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to always keep it accurate, current and complete during the term of the Agreement. You agree that Mzansi Food may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, Mzansi Food has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice.
  16. you will only use an access point or data Account which you are authorized to use.
  17. you agree that the Service is provided on a reasonable effort basis.
  18. you agree that your use of the Service will be subject to the Mzansi Food Policies as may be amended from time to time.
  19. you agree to assist Mzansi Food with any internal or external investigations as may be required by Mzansi Food in complying with any prevailing laws or regulations in place.
  20. you agree to assume full responsibility and liability for all loss or damage suffered by yourself to Mzansi Food or any other party as a result of your breach of this Agreement.
  21. you will not utilize modified devices or Applications with the intent of evading detections or facilitating any activities intended to defraud Mzansi Food or to disrupt the natural functions of the Application and,
  22. you provide us the phone numbers of Mzansi Food users and other contacts in your Mobile phone address book on a regular basis. You confirm that you are authorized to provide us with such numbers to enhance your use of the Service.

 

6.     Customers or Clients

  • 1 Registration

You must create an Account in order to use all or some of the features offered by the Services https://www.mzansifood.com/frontend/register . Use of any Personal Information you provide to us during the Account creation process is governed by our Privacy Policy. After creating an Account, you must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your Account, all changes and updates submitted through your Account, and all activities that occur in connection with your Account. You may also be able to register to use the Services by logging into your Account with your credentials from certain Third-Party Social Networking Sites (e.g., Google Gmail Account, Facebook). You confirm that you are the owner of any such Social Media Account and that you are entitled to disclose your Social Media Login Information to us. You authorize us to collect your Authentication Information, and other information that may be available on or through your Social Media Account consistent with your applicable settings and instructions. By creating an Account, you agree to receive certain communications in connection with Mzansi Food Platform or Services. For example, you might receive comments from other users or other users may follow the activity to do on your Account. Mzansi Food is constantly evolving in order to provide the best possible experience and information to its users. You acknowledge and agree that the form and nature of the Services which Mzansi Food provides, may require effecting certain changes in it, therefore, Mzansi Food reserves the right to suspend/cancel, or discontinue any or all Products or Services at any time without notice, make modifications and alterations in any or all of its contents, Products and Services contained on the site without any prior notice. We provide the Software available for free download (Mzansi Food) and may include functionality to automatically check for updates or upgrades to the Software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable Software or Software Application Store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the Software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms of Use shall be considered part of the Services. You acknowledge and agree that if Mzansi Food disables access to your Account, you may be prevented from accessing the Services, your Account details or any files or other content, which is contained in your Account. You acknowledge and agree that while Mzansi Food may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, Mzansi Food may set such fixed upper limits at any time, at Mzansi Food’s discretion.

 

  1. You agree and acknowledge that we shall not be responsible for:
  2. The Products or Services provided by the Restaurant Partner and/or Retail Store Partner including, but not limited, serving of food Orders suiting your requirements and needs.
  3. The Restaurant Partner and/or Retail Store Partner’s Products or Services not being up to your expectations or leading to any loss, harm or damage to you.
  • The availability or unavailability of certain items on the menu; or
  1. The Restaurant Partner and/or Retail Store Partner has served the incorrect Orders.
  2. The details of the menu and price list available on the platform are based on the information provided by the Restaurant Partner/Retail Store and we shall not be responsible for any change or cancellation or unavailability.
  3. If your delivery location is outside our current Scope of Service. We will keep you informed of the same at the time of confirming your order booking.
  • If you change the delivery location address after the order confirmation sent to you. You order will be only delivered to the address designated by you at the time of placing the order on the platform. We reserve the right to cancel the order, in our sole discretion, in the event of any change to the place of delivery and you shall not be entitled to any refund for the same. Delivery in the event of change of the delivery location shall be at our sole discretion.
  • If your failure to accept delivery within the estimated time due to your failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you and you shall not be entitled to any refund for the same. You shall undertake to provide adequate directions, information and authorizations to accept delivery. You understand that our liability ends once your order has been delivered to you. our decision in relation to this shall be final and binding.

 

  1. Services provided:
  2. You confirm that we shall not be responsible for any deficiency in payment of consideration payable towards the goods purchased from the Services.
  3. Each purchase on the Service shall contain necessary instructions to redeem the Services. The Terms of the Services shall be governed by these Terms of Use and any other Terms as set out in such document confirm such Sale of Service. You shall not be entitled to receive any credit, refund or cash back for the value of the goods sold if you fail to redeem the goods within the expiry date or in accordance with the Terms therein.
  • You agree and acknowledge that neither Mzansi Food nor the Restaurant Partner/Retail Store shall be liable in the event of you failing to adhere to the Terms of Use.
  1. You might be required to provide your credit or debit card details to the approved payment gateway while making the payment, in this regard, you agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing the Services. You shall not use the credit/ debit card, which is not lawfully owned by you, i.e., in any transaction, you must use your own credit/ debit card. The information provided by you will not be utilized or shared with any Third-Party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit/ debit card details. We expressly disclaim all liabilities that may arise because of any unauthorized use of your credit/ debit card.
  2. We do not offer any refunds against goods already purchased from the Platform unless an error that is directly attributable by us has occurred during the purchase of such Product or Services.
  3. We constantly strive to provide you with accurate information on the Platform. However, in the event of an error, we may, in our sole discretion, contact you with further instructions.
  • If you use the Platform, you do the same at your own risk.
  • You agree that the Services shall be provided by Us only during the working hours of the relevant Restaurant Partner/Retail Store Partner.
  1. By using Mzansi Food’s Services you agree to the following disclaimers:

Mzansi Food disclaims any liability for any information that may have become outdated since the last time the piece of information was updated. Mzansi Food reserves the right to make changes and corrections to any part of the content on these Services at any time without prior notice. Mzansi Food does not guarantee quality of the products, the prices listed in menus or the availability of all menu items at any Restaurant or Retail Store. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission of Mzansi Food.

 

Any certification, licenses or permits (“Certification”) or information regarding such Certification that may be displayed on the Restaurant’s listing page on the Platform is for informational purposes only. Such Certification is displayed by Mzansi Food on an ‘as available’ basis that is provided to Mzansi Food by the Restaurant Partners and or/ Retail Store Partners. Mzansi Food does not make any warranties about the validity, authenticity, reliability and accuracy of such Certification or any information displayed in this regard. Any reliance by a User upon the Certification or information thereto shall be strictly at such User’s own risk and Mzansi Food in no manner shall assume any liability whatsoever for any losses or damages in connection with the use of this information or for any inaccuracy, invalidity or discrepancy in the Certification or non-compliance of any applicable local laws or regulations by the Restaurant Partners and or/ Retail Store Partners.

 

Mzansi Food reserves the right to charge a subscription and/or membership and/or a convenience fees from a user, by giving reasonable prior notice, in respect of any Product, Service or any other aspect of the Mzansi Food Platform anytime in future. Mzansi Food may from time to time introduce Referrals, or Coupons or Offers and Promotions and/or incentive-based programs for its users (Program). These Program(s) may be governed by their respective Terms of Use. By participating in the Program, Users are bound by the Program Terms of Use as well as the Mzansi Food Platform Terms of Use. Further, Mzansi Food reserves the right to terminate / suspend the User’s Account and/or credits / points earned and/or participation of the user in the Program if Mzansi Food determines in its sole discretion that the User has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program Terms of Use and/or Mzansi Food Platform Terms of Use or has engaged in activities which are fraudulent / unlawful in nature. Furthermore, Mzansi Food reserves the right to modify, cancel and discontinue its Program without notice to the user.

 

Your use of the Service is, unless otherwise allowed by Mzansi Food, for your own sole, personal use or, where permitted, for the use of another person who is at least twelve (12) years old (“Minor”), in which case you shall assume primary responsibility of the Minor. You shall not contact the Third-Party Providers for purposes other than the Service. You shall not intentionally or unintentionally cause or attempt to cause damage to the Third-Party Provider or the Vehicle. Where applicable, you will not create or compile, directly or indirectly, any collection, compilation or other directory from any content displayed on the Application or Platform except for your personal, non-commercial use. Where applicable, you will not copy any content displayed through the Application or Platform, including any Third-Party product content and reviews, for republication in any format or media. You acknowledge and agree that only one (1) Account can be registered under your name. You are aware that when requesting Services by any means of communication or by using the Service, standard telecommunication charges will apply. You agree that Mzansi Food may, based on its sole discretion, consider an Account to be dormant if there has been no transaction made by you on your User Account for a period of six (6) months from the last date of transaction and deactivate or restrict access to your User Account.

  • 2 How to place food orders

The Application allows you to place orders for food and beverages from food and beverage Service Providers (“Restaurant Partners and or/ Retail Store Partners”), for such Orders to be delivered to you by independent Third-Party food delivery Services Providers or Delivery Driver Partners (“Delivery Service Providers”) or for such Orders to be available for pick up as a takeaway by you from the Restaurant Partners and or/ Retail Store Partners. Mzansi Food does not own, sell or resell any food and beverage items and does not control the Restaurant Partners and or/ Retail Store Partners, the Delivery Service Providers or Delivery Driver Partners or any Services provided by them. You understand that any order that you place shall be subject to the product availability and location serviceability by the Restaurant Partners and or/ Retail Store Partners and/or the Delivery Service Providers.

All food and beverages Orders placed on the Application (“Order”) are treated as confirmed if not cancelled before Restaurant Partners and or/ Retail Store Partners accept the Order. You are entitled to cancel your Order before Restaurant Partners and or/ Retail Store Partners accept and confirm the Order to you. However, you may not be entitled to cancel your Order once you have received an order confirmation notification and your Order is Preparation Order. If you cancel your Order after it has been confirmed, you remain liable to pay the Order in full and Delivery Fee if you selected the Order to be delivered.

Upon your successful completion of an Order, the Restaurant Partner and or/ Retail Store Partner and/or the Delivery Service Provider may communicate with you via our live Chat System or call you on the telephone or Mobile number you provided or otherwise contact you to confirm the details of the Order, any change in the Order (for instance, due to unavailability), the price to be paid or any change thereof and/or the estimated delivery time. For the avoidance of doubt, Mzansi Food is not involved in and will not be responsible for any separate arrangement between you (Customer) and the Restaurant Partners and or/ Retail Store Partners and/or Delivery Service Providers regarding the amendment and/or cancellation of Orders made by you where such arrangement is not confirmed and recorded on the Application.

You remain liable to pay the order value in full where:

  1. the cancellation is made by you after the Restaurant Partner and or/ Retail Store Partner started food and beverages preparation or
  2. you are not present or do not show up at the designated delivery location or the designated pick-up location to collect the takeaway ordered or you are unreachable physically or uncontactable (A) after 5 minutes from the time that the Delivery Driver Partner arrives at the designated delivery location or (B) within two (2) hours after the order for takeaway is ready for collection or within such duration as may be communicated by Mzansi Food.

 

Mzansi Food, the Restaurant Partners and or/ Retail Store Partners and/or Delivery Service Provider may not process your Food Order in the event of any of the following:

  1. if you are unavailable on live Chat system or WhatsApp or on the phone at the time of the call for confirming the order or otherwise uncontactable.
  2. if the requested delivery location falls outside the delivery zone offered in the Application.
  3. if there is a lack of information, direction or authorization from you at the time of delivery.
  4. if you are not present or do not show up at the designated delivery location or the designated pick-up location to collect the takeaway ordered, or you are unreachable physically or uncontactable, (A) after 5 minutes from the time that the Delivery Driver arrives at the designated delivery location or (B) within two (2) hours after the order for takeaway is ready for collection or within such duration as may be communicated by Mzansi Food or
  5. unavailability of items ordered; in this case the Platform will not allow you to place an order.

 

 

You are not responsible for:

 

The prices of food and beverage items reflected in the Application are determined solely by the Restaurant Partner and or/ Retail Store Partner and are listed for information only.

Prices of food and beverage items as reflected in the Application may, for reasons such as technical issue, typographical error or outdated product information supplied by the Restaurant Partner/Retail Store Partner, be incorrectly reflected and in such an event the Restaurant Partner and or/ Retail Store Partner may cancel your order(s). in this case you shall receive your refund in full.

The Restaurant Partner and or/ Retail Store Partner shall be solely responsible for any warranty in relation to, quantity and quality of the food and beverages products sold to you.

 

You are responsible for ensuring that the details entered by you in respect of the Food Order on the Application are accurate and complete. Mzansi Food shall not be liable:

  1. in the event of late Dine In or late Delivery or on-delivery of food and beverage items that you order by reason of erroneous delivery details entered by you on the Application or
  2. in the event of late Collection or Pick-Up of the takeaway you ordered or non-collection of the takeaway you ordered by reason of erroneous collection details entered by you on the Application.

 

After the delivery of the food and beverage items or collection of the takeaway you ordered, you shall solely be liable for demurrage or loss, damage, contamination, soiling or detention of the food and beverage items (including but not limited to containers) whether caused directly or indirectly by you or any person acting on your behalf.

 

  • 3 Alcohol beverages:

Customers or Clients placing an Order for Alcohol from any Restaurant Partner and or/ Retail Store Partner must be at least eighteen (18) years old. Alcoholic beverages can only be sold and delivered to persons who are at least eighteen (18) years old. By placing an Order that includes Alcohol, you confirm that you are at least eighteen (18) years old. The Restaurant Partner and or/ Retail Store Partner or The Delivery Service Provider will have the right to refuse to deliver or provide any Alcoholic Products to any Customer or Client at the time of Delivery or Collection of takeaways or Dine-In, who:

  1. does not appear to be at least eighteen (18) years old or
  2. cannot prove that he/she is at least eighteen (18) years old or
  3. is, or appears to be, under the influence of either Alcohol or Drugs at the time of delivery or collection of takeaways and in such an event you agree that Mzansi Food, the Delivery Service Provider and the Restaurant Partner and or/ Retail Store Partner shall not be liable to make any refund to you for payment already made by you or
  4. is, or appears to be, under the influence of either Alcohol or Drugs at the time of dine in.

 

  • 4 promotional programme

 

If you wish to use or apply any promotion codes or discounts, you must enter the available promotion codes or discounts upon checkout of the Food Order. All promotion codes and discounts are subject to its specific Terms and Conditions, are mutually exclusive and cannot be combined with other promotions, unless otherwise stated. The price payable for the discounted food or beverage items may be rounded and will be set out on the Checkout Page for your Food Order. You agree that we are not obliged to accept late submission of promotion codes and discounts after the checkout process has been completed. We will not be liable for any losses, damages, costs and expenses suffered or incurred as a result of the theft or illegal or fraudulent usage of any promo codes and discounts. We may take any action against you if you have been found to be using any promotion codes and discount in an illegal or fraudulent manner, including without limitation, suspending or terminating your User Account. Pursuant to arrangement or agreement between you and the Restaurant Partner and or/ Retail Store Partner and/or Deliver Service Provider, you may no longer be eligible for the promotion code(s) or discount(s) for the order placed. In such circumstances, we reserve the right to remove the Application of the promotion(s) or discount(s) from the order(s) placed or otherwise carry out the necessary action to correct the promotion(s) or discount(s) which has been incorrectly applied.

 

7.     Restaurant and/or Retail Store Partners (Merchants)

  • Registration

To become a Business Partner, you must create an Account with us, you represent to Us that all information provided to us in such process is true, accurate and correct, and that you will update your information as and when necessary, in order to keep it accurate. You represent to us that you are the Owner or Authorized Agent of such business. You may not impersonate someone else, create or use an Account for anyone other than yourself, provide an email address other than your own, create multiple Accounts or business listings except as otherwise authorized by us, or provide or use false information to obtain access to a business’ listing on the Services that you are not legally entitled to claim. You acknowledge that any false claiming of a business listing may cause Mzansi Food or Third Parties to incur substantial economic damages and losses for which you may be held liable and accountable. You are also responsible for all activities that occur in your Account. You agree to notify us immediately of any unauthorized use of your Account in order to enable us to take necessary corrective actions. You also agree that you will not allow any Third-Party to use your Mzansi Food Account for any purpose and that you will be liable for such unauthorized access. By creating an Account, you agree to receive certain communications in connection with Mzansi Food Platform or Services. For example, you might receive comments from other users or other users may follow the activity to do on your Account. Mzansi Food is constantly evolving in order to provide the best possible experience and information to its users. You acknowledge and agree that the form and nature of the Services which Mzansi Food provides, may require effecting certain changes in it, therefore, Mzansi Food reserves the right to suspend/cancel, or discontinue any or all Products or Services at any time without notice, make modifications and alterations in any or all of its contents, Products and Services contained on the site without any prior notice. We provide the Software available for free download (Mzansi Food Merchant) and may include functionality to automatically check for updates or upgrades to the Software. Unless your device, its settings, or computer Software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable Software or Software Application Store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the Software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms of Use shall be considered part of the Services. You acknowledge and agree that if Mzansi Food disables access to your Account, you may be prevented from accessing the Services, your Account details or any files or other content, which is contained in your Account.

 

  • Creation and monitoring of self-funded campaign or promotion

 

You may be able to create a campaign, participate in promotion or place an order for advertisement(s) on the Application via our tool(s) which is made available on the Application PROVIDED ALWAYS THAT you agree to bear any and all costs or expenses which may arise in connection with the campaign, promotion and/or advertisement (“Marketing Activities”). In creating or otherwise indicating consent to participate in a Marketing Activity, you may be required to indicate information such as the type of Marketing Activity, budget for the Marketing Activity and/or the proposed duration for the Marketing Activity. The types of Marketing Activities which you may choose from the Application may be varied from time to time at Mzansi Food’s sole discretion, and where provided, suggested or offered, you agree and acknowledge that they are made available on an ‘as-is’ basis.

 

By creating the campaign or participating in any promotions using our tool(s) on the Application, you accept the following general conditions:

 

  1. any information submitted through your Account to us (whether via our Application or otherwise), including without limitation the submission of your consent to participate in a Marketing Activity and acceptance of the applicable Terms, shall be deemed to have been submitted by you, regardless of whether they are submitted on your behalf by your employee or other individuals. You are solely responsible to ensure that only authorized individuals have access to your Account.
  2. any information you store into our Application where required or otherwise provided to us must be complete, truthful, accurate and not misleading.
  3. your intention to create or otherwise indicate consent to participate in a Marketing Activity via our Application must be genuine and must not be conducted in a manner which may be misleading to the users. You shall indemnify us in the event where we incur any losses or damages arising from or in connection with the Marketing Activity.
  4. depending on the type of Marketing Activity elected by you, the way in which we may facilitate the Marketing Activity may differ. You agree that it is your responsibility to review any and all information made available by us to understand how each type of Marketing Activity will be facilitated. If you have any enquiries, you agree that you are responsible to clarify the same with our personnel before creating or otherwise indicating consent to participate in a Marketing Activity. By creating or otherwise indicating consent to participate in a Marketing Activity, you irrevocably agree to the way in which the Marketing Activity will be facilitated.
  5. you shall be responsible to directly handle any complaints or enquiries from users in respect of the Marketing Activity.
  6. In the event where you would like to end, pause or otherwise vary a Marketing Activity (for example, where the discounted item under the Marketing Activity has become out of stock prior to expiry of the said duration, where you would like to cancel the Marketing Activity or vary the budget indicated for the Marketing Activity), you must immediately indicate the same via our Application or otherwise in accordance with the process as may be specified by us. Prior to the completion of the said process, you remain liable to bear any and all costs or expenses incurred in connection with the Marketing Activity and remain responsible to handle any enquiries or complaints from users in respect of or in connection with the Marketing Activity.
  7. notwithstanding any provision otherwise and in any event, your creation or indication of consent to participate in a Marketing Activity does not indicate our approval that the Marketing Activity is in accordance with the applicable law. You agree that you are solely and entirely responsible for maintaining the confidentiality of the information submitted to us and to ensure that the Marketing Activity is, and will be conducted, in accordance with the applicable law.
  8. while we do not supervise or monitor the Marketing Activity, we reserve the rights to (but are not obliged to) cancel, suspend or otherwise vary the Marketing Activity as we deem fit, without being liable for any damage or loss whatsoever, including any refund of the fee or cost which you have paid for the purposes of the Marketing Activity.
  9. We may make information available to you relating to the Marketing Activity, and such information is considered as part of the content of the Application.
  10. you agree to pay to Mzansi Food any and all costs and expenses in connection with the Marketing Activity and the payment shall be in the manner.
  11. you must notify Us immediately if your Account has been used without your authorization to create or otherwise indicate consent to participate in a Marketing Activity or where any other breach of security has occurred. In such an event, you agree to indemnify us for any losses or damages that we incur as a result of the unauthorized use (including but not limited to bearing the costs or expenses which have been incurred due to the Marketing Activity created or launched using your Account). For the avoidance of doubt, we will not be liable for any losses that you incur as a result of someone else using your Account.
  12. you agree that any amount payable to you by users for each Food Order placed pursuant to the Marketing Activity may be rounded in accordance with our internal policies which we may update from time to time.

 

  • Submission of content or information

 

We do not claim ownership of any content or information that you upload on our Application or otherwise supply us with. Where you upload or provide us with any content that is covered by intellectual property rights (including without limitation photos or videos), you: grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide perpetual license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content; and undertake that you have the right to grant us such license.

 

By using our Application, we may provide you with an option to vary or amend the content or information submitted by you to us (including without limitation information relating to the menu) or certain content submitted by user(s) in order to facilitate the service(s) including without limitation detail(s) of an Order placed by a user. You acknowledge that any such content or information may be made available in real time to End Users/Customers via an Application operated by us or otherwise and undertake that you will (and shall be responsible) to handle any complaints or queries by the End Users/Customers in respect of the said content or information without incurring liability on our part.

We may, but are not obliged to, review the content or information submitted or amended by you (via the Application or otherwise) from time to time, and reserve the rights to remove or require amendments to any part of the content or information submitted by you where we deem necessary. For the avoidance of doubt, you shall always, ensure that the content or information submitted are not in contravention with the applicable laws and do not infringe any Third-Party rights. In the event where you amend any content submitted by user(s) such as an Order placed by a user, you further agree that by amending such content: you have obtained the prior consent or acceptance from the affected user; and Mzansi Food is not involved in and will not be responsible for the amendments made by you, though Mzansi Food reserves the right to (but is not obliged to) carry out rectification measure(s) to correct the amendment(s) made or otherwise resolve dispute or complaint arising from or in connection with the amendment(s) made.

  • Personal data

 

Without prejudice to the foregoing, information which you have submitted to us for your registration as a Restaurant Partner and/or Retail Store Partner on our systems, which may include your personal data as described in the Privacy Policy, may be linked to the Account on the Application or in the course of carrying out Services on this Application. You hereby give your consent to such transfer and storage of information for the purposes of facilitation of your business via our systems, and to facilitate your request to use our Products and Services in the Application. Your use of the Account and the Application may be monitored by us or a Third-Party Service Provider to provide you with information on your Business and Account. You further agree that any personal data you receive via the Application shall only be used for the direct and specific purpose for which you are provided the personal data; and shall be deleted or anonymized once the personal data is no longer required to be retained for the said purpose. For the avoidance of doubt, when you are provided with personal data of a user via our Application for the purposes of obtaining prior confirmation to amend an order placed, you shall only use the personal data provided for that sole purpose and remove it as soon as you no longer need the data for that purpose.

  • Hyperlinks

 

You must obtain our prior written approval if you wish to link to or make use of any content on our Application. In this regard, you may send us a formal request by way of email for our consideration at info@mzansifood.com . For the avoidance of doubt, without our approval, you are not allowed to link or make use of any content on our Application for commercial purposes. In any event, notwithstanding that we have granted approval for the linking, you must not establish a link to our Application: in such a way as to suggest any form of association, approval or endorsement on our part where none exists; or in any Website which prohibits such linking or will in any way prejudice or compromise our reputation, or integrity. We reserve the right to withdraw linking permission without notice. our Application must also not be framed on any other site.

  • Content of the Application

 

Without prejudice to any other provisions in these Terms of Use, we may vary, modify, or remove any content on our Application without notice (including without limitation information relating to the availability of a product or service, product or service descriptions, pricing, promotions, offers, product charges and transit time). In the rare event where any information on our Application contains any typographical errors, inaccuracies or omissions, we reserve the right to carry out measures such as correcting the said errors, inaccuracies or omissions, changing or updating information; and/or cancelling orders if any information provided to you (whether via this Application or other related Website) at the time of your order is inaccurate or if we otherwise are of the view that it is appropriate to cancel your order (“rectification measure”), at any time without prior notice (including without limitation after an order has been submitted). Notwithstanding the foregoing, we undertake no obligation to update, amend or clarify information on our Application, or carry out any other rectification measure, except as required by law. For the avoidance of doubt, no specified update or refresh date as shown on the Application or on any related Website, should be taken to indicate that all information on the Application or on any related Website has been modified or updated; and we shall, in no event, be liable to you or any Third-Party for any losses, damages or consequences arising from: any variation, modification or removal of the content on our Application; and any rectification measure taken.

  • Termination

 

Notwithstanding any other term in this Agreement, this Agreement shall terminate when your relationship with us as a Restaurant Partner and or/ Retail Store Partner on our systems is terminated. Such termination does not release either party from any liability which, at the time of such termination has already accrued or which is attributable to a period prior to such termination nor preclude either party from pursuing any rights and remedies it may have with respect to any breach of this Agreement.

  • Compatibility

 

Different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with our Application, Platform and/or software. While we continuously develop the Application, Platform, and software in order to, as far as possible, support all commonly used devices and models in the markets and all browsers where our Application and Platform are likely to be accessed from, we do not warrant compatibility of the Application, Platform and/or software with specific Mobile devices or other hardware.

  • Licenses grants and restrictions

 

Mzansi Food and its licensors, where applicable, grant you a revocable, non-exclusive, non- transferable, limited license to use and access the Application and/or the software to use the service, subject to the Terms of Use of this Agreement. All rights not expressly granted to you are reserved by Mzansi Food and its licensors. You shall not: license, sublicense, sell, transfer, assign, distribute or otherwise commercially exploit or make available to any Third-Party the Application and/or the software in any way; modify or make derivative works based on the Application and/or the software; “mirror” the Application and/or the software on any other server or wireless or internet-based device; except to the extent such restriction is prohibited under applicable law, disassemble, decompile, reverse engineer, decrypt or attempt to derive and code or extract software from, the Application or any software or Services made available on or through the Application; use any manual or automated program or script, including but not limited to Web spiders, Web crawlers, Web robots, Web ants, Web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, to unduly burden or hinder the operation and/or performance of the Application; to conduct data mining or scraping activities, or in any way reproduce or circumvent the navigational structure or presentation of the Application or its content; post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; remove any copyright, trademark or other proprietary rights notices contained on the Application or Platform; or use the Application to: send spam or otherwise duplicative or unsolicited messages; send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of Third-Party privacy rights; send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; interfere with or disrupt the integrity or performance of the Application or the data contained therein; attempt to gain unauthorized access to the Application or its related software, systems or networks; impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or engage in any conduct that could possibly damage our reputation or amount to being disreputable.

  • Termination Mzansi Food rewards programme and promotional for users

 

From time to time, Mzansi Food may run marketing and promotional campaigns which offer Coupon codes, discounts, subscription plans or other promotional offers to be used on the Platforms (“Vouchers “). Vouchers are subject to validity periods, redemption periods, limits and/or other availability. Vouchers may not be valid when used in conjunction with other promotions, discounts, or other vouchers. Additional Terms of Use may apply to Vouchers. Unless otherwise stated, Vouchers can only be used on our Platforms. Vouchers are non-transferable, non-exchangeable, non-refundable and cannot be exchanged for cash. Mzansi Food may withdraw, amend and/or alter any applicable Terms of Use of the promotions or subscriptions at any time without prior notice. Mzansi Food may also void, discontinue, or disqualify any user from any promotion or subscription plan without prior notice if that user breaches any or part of these Terms of Use.

  • Taxes (Value Added Tax)

 

You agree that this Agreement is subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be applicable from time to time. You shall comply with all applicable laws and take all steps required to enable, assist and/or defend Mzansi Food to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the service. If you are a Third-Party Provider, you are Accountable for paying any tax and statutory contributions due in respect of sums payable to you under or in connection with this Agreement.

  • Confidentiality

 

You shall maintain in confidence all information and data relating to Mzansi Food, its Services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of Mzansi Food (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from Mzansi Food, or any of its affiliate companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the service, and shall not without Mzansi Food’s prior written consent, disclose such information to any Third-Party nor use it for any other purpose. The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:

  1. was at the time of receipt already in your possession.
  2. is, or becomes in the future, public knowledge through no fault or omission on your part.
  3. was received from a Third-Party having the right to disclose it; or
  4. is required to be disclosed by law.

 

  • Internet delays

 

The service, Platform, Application and/or the software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you or the Third-Party Provider being faulty, not connected, out of range, switched off or not functioning. Mzansi Food is not responsible for any delays, delivery failures, damages or losses resulting from such problems.

 

8.     Access to the Platform, Accuracy and Security

  • We endeavor to make the Platform available to Restaurant Partner and or/ Retail Store Partner working during hours. However, we do not represent that access to the Platform will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.

 

  • We do not warrant that the Platform will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your Mobile device), software, data or other property as a result of your download, installation, access to or use of the Platform or your obtaining any material from, or as a result of using, the Platform. We shall also not be liable for the actions of Third Parties. We do not represent or warranty that the information available on the Platform will be correct, accurate or otherwise reliable.

 

  • We reserve the right to suspend or withdraw access to the Platform to you personally, or to all users temporarily or permanently at any time without notice. We may any time at our sole discretion reinstate suspended users. A suspended user may not register or attempt to register with us or use the Platform in any manner whatsoever until such time that such user is reinstated by us.

 

9.     Sales of Liquor, Tobacco and Minor (under 18 years) rules

  • Minor

 

  1. By using the Platform, you warrant that you are at least 18 years of age or older and of full legal capacity. If you are under the age of 18 or if you are not legally permitted to enter into a binding agreement, then you may use the Platform 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 he/she agrees to be bound to these Terms of Use and to be liable and responsible for you and all your obligations under these Terms of Use.

 

  1. Restaurant Partners and or/ Retail Store Partners may not sell liquor or tobacco products to you if you are under the age of 18 (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 Platform. The Delivery Service or Self-collection of 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 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.

 

  • Online ordering:
  1. Mzansi Food provides online ordering Services by entering into contractual arrangements with Restaurant Partners and/or Retail Store Partners (as defined below) on a principal-to-principal basis for the purpose of listing their menu items or the products (as defined below) for online ordering by the users on the Mzansi Food Platform.
  2. The users can access the menu items or products listed on the Mzansi Food Platform and place online orders against the Restaurant Partners and/or Retail Store Partners through Mzansi Food.
  3. Your request to order food and beverages or products from a Restaurant Partner and/or Retail Store Partner on the Restaurant Partner and/or Retail Store Partner page on the Mzansi Food Platform shall constitute an unconditional and irrevocable authorization issued in favor of Mzansi Food to place online orders for food and beverages or products against the Restaurant Partner and/or Retail Store Partner on your behalf.
  4. Delivery of an order placed by you through the Mzansi Food Platform may either be undertaken directly by the Restaurant Partner and/or Retail Store Partner against whom you have placed an order or facilitated by Mzansi Food through Third-Party who may be available to provide delivery Services to you (“Delivery Partners”). In both these cases, Mzansi Food is merely acting as an intermediary between you and the Delivery Partners, or you and the Restaurant Partner and/or Retail Store Partner, as the case may be.
  5. The acceptance by a Delivery Driver Partner of undertaking delivery of your order shall constitute a contract of service under the Consumer Protection Act 68 of 2008 or any successor legislations, between you and the Delivery Driver Partner, to which Mzansi Food is not a party under any applicable law. It is clarified that Mzansi Food does not provide any delivery or logistics Services and only enables the delivery of food and beverages or products ordered by the users through the Mzansi Food Platform by connecting the users with the Delivery Driver Partners or the Restaurant Partners and/or Retail Store Partners, as the case may be.
  6. Where Mzansi Food is facilitating delivery of an order placed by you, Mzansi Food shall not be liable for any acts or omissions on part of the Delivery Driver Partner including deficiency in service, wrong delivery of order, time taken to deliver the order, order package tampering, etc.
  7. You may be charged a delivery fee or delivery charge for delivery of your order by the Delivery Driver Partners or the Restaurant Partners and/or Retail Store Partners, as the Delivery Driver Partners or the Restaurant Partners and/or Retail Store Partners may determine (“Delivery Charges“). You agree that Mzansi Food is authorized to collect, on behalf of the Restaurant Partners and/or Retail Store Partners or the Delivery Driver Partners the Delivery Charges for the delivery service provided by the Restaurant Partners and/or Retail Store Partners or the Delivery Driver Partners, as the case may be. The Delivery Charges may vary from order to order, which may be determined on multiple factors which shall include but not be limited to Restaurant Partners and/or Retail Store Partners, order value, distance, demand during peak hours. Mzansi Food will use reasonable efforts to inform you of the Delivery Charges that may apply to you, provided you will be responsible for Delivery Charges incurred for your order regardless of your awareness of such Delivery Charges.

 

  • Placing Ordering with our Restaurant Partners:

 

When you place an order through our Application, it needs to be accepted by us or the Restaurant Partners and/or Retail Store Partners before it is confirmed. We will send you a notification if your order has been accepted (the “Confirmation Notice”). The contract for the supply of any Item you have ordered comes into existence when we send the Confirmation Notice. You are responsible for paying for all Items ordered using your Account, and for related delivery charges, and for complying with these Terms, even if you have ordered the Item for someone else. Some Restaurant Partners and/or Retail Store Partners operate a minimum order value policy. This will be displayed on our Application. All Items are subject to availability.  Restaurant Partners and/or Retail Store Partners may use nuts or other allergens in the preparation of certain Items. Increasing numbers of Restaurant Partners and/or Retail Store Partners will be displaying dish by dish allergens information. Where that information is not available or if you have further questions, please contact the Restaurant Partners and/or Retail Store Partners prior to ordering if you have an allergy. Mzansi Food cannot guarantee that any of the Items sold by our Restaurant Partners and/or Retail Store Partners are free of allergens.

 

  1. All prices listed on the Mzansi Food Platform are provided by the Restaurant Partners and/or Retail Store Partners at the time of publication on the Mzansi Food Platform and have been placed as received from the Restaurant Partners and/or Retail Store Partners. While we take great care to keep them up to date, the final price charged to you by the Restaurant Partners and/or Retail Store Partners may change at the time of delivery. In the event of a conflict between price on the Mzansi Food Platform and price charged by the Restaurant Partners and/or Retail Store Partners, the price charged by the Restaurant Partners and/or Retail Store Partners shall be deemed to be the correct price except Delivery Charge of Mzansi Food.
  2. Pickup/Takeaway: When You opt for a Pickup/Takeaway (as defined below).

You agree to be solely liable to ensure compliance with the conditions governing the Pickup/Takeaway at the time of placing the Order, and Mzansi Food shall not be liable in any manner in this regard. For the purpose of clarity, Pickup/Takeaway would mean where a Restaurant Partner and/or Retail Store Partner has agreed to provide an option to the users to collect the Order themselves from the Restaurant Partners and/or Retail Store Partners on which such an Order is placed. Mzansi Food only facilitates the transaction payment associated with food preparation by the Restaurant Partner and/or Retail Store Partner accepting the Order. Mzansi Food accepts no liability associated with food preparation by the Restaurant Partners and/or Retail Store Partners accepting the Order, and all food preparation and handover through Pickup/Takeaway are the sole responsibility of the Restaurant Partners and/or Retail Store Partners accepting the Order. The Pickup/Takeaway times for collection are provided by the Restaurant Partners and/or Retail Store Partners and are only estimates.

 

  1. Delivery: When You opt for a Delivery (as defined below).

You agree to be solely liable to ensure compliance with the conditions governing the Delivery at the time of placing the Order. For the purpose of clarity, Delivery would mean where a Delivery Driver Partner has agreed to provide delivery service to the users of the Order placed from the Restaurant Partners and/or Retail Store Partners. Mzansi Food only facilitates the transaction payment associated with food preparation by the Restaurant Partner and/or Retail Store Partner accepting the Order. The Delivery times provided by the Mzansi Food are only for estimates and may vary with few minutes.

  1. Dine-In: When You opt for a Dine-In (as defined below).

You agree to be solely liable to ensure compliance with the conditions governing the Dine-In at the time of placing the Order, and Mzansi Food shall not be liable in any manner in this regard. For the purpose of clarity, Dine-In would mean where a Restaurant Partner and/or Retail Store Partner has agreed to provide an option to the Users to book/reserve a table from the Restaurant Partner and/or Retail Store Partner on which such an Order is placed. Mzansi Food only facilitates the transaction payment associated with food preparation by the Restaurant Partner and/or Retail Store Partner accepting the Order. Mzansi Food accepts no liability associated with food preparation by the Restaurant Partner and/or Retail Store Partner accepting the Order, and all food preparation and handover through Dine-In are the sole responsibility of the Restaurant Partner and/or Retail Store Partner accepting the Order. The Dine-In times sittings are provided by user and confirmed by the Restaurant Partner and/or Retail Store Partner.

  1. Free Delivery: Mzansi Food may offer you a free delivery service, this option is on a case-to-case bases. However, you acknowledge that such Services are facilitated by Mzansi Food on a best effort basis.

 

  • Mzansi Food Markets

 

  1. Mzansi Food operates an online marketplace under the name and style “Mzansi Food” and provides online ordering Services by entering into contractual arrangements with Third-Party Restaurant Partners and/or Retail Store Partners, dealing in various consumer products including but not limited to prepared food, drinks, fresh fruits & vegetables, dairy, bakery items.
  2. Mzansi Food disclaims all warranties and liabilities associated with any Product offered under Mzansi Food Market.
  3. Services are available to only selected geographies and are subject to restrictions based on business hours and days of the Restaurant Partner and/or Retail Store Partner.
  4. All products listed on the Platform will be sold at maximum retail price (MRP) unless otherwise specified. The prices listed on the Mzansi Food Platform are as received from the Restaurant Partner and/or Retail Store Partner. The final price charged to you by the Restaurant Partner and/or Retail Store Partner may change at the time of delivery. In the event of a conflict between price on the Mzansi Food Platform and price charged by the Restaurant Partner and/or Retail Store Partner, the price charged by the Restaurant Partner and/or Retail Store Partner shall be deemed to be the correct price except Delivery Charge of Mzansi Food. In case the prices are higher or lower on the date of delivery, additional charges will be collected or refunded as the case may be at the time of the delivery of the order.

 

  • Alcoholic Beverages Delivery Services
  1. Mzansi Food operates an online marketplace under the name and style “Alcoholic Beverages Delivery Services” whereby Mzansi Food:
  2. Enters into contractual arrangement with Third-Parties, Restaurant Partners and/or Retail Store Partners selling various liquor and alcoholic beverages products on a principal-to-principal basis for the purpose of listing their Alcoholic Beverages products for online ordering by the users on the Mzansi Food Platform
  3. Allows users to place online orders of the Alcoholic Beverages products through the Mzansi Food Platform.
  4. The Alcoholic Beverages Delivery Services are presently only available for users in South African region, where such Services are permitted by the authorities.
  5. Mzansi Food disclaims all warranties and liabilities associated with the Alcoholic Beverages product(s) offered by the Store(s) under Alcoholic Beverages Delivery Services.
  6. Mzansi Food disclaims all liability associated with any harm or injury caused to you upon consumption of the Alcoholic Beverages products purchased from the Store(s) through the Mzansi Food Platform.
  7. You shall comply with the applicable law while placing an order for the Alcoholic Beverages Product(s).
  8. By placing an order for the Alcoholic Beverages product(s) under the Alcoholic Beverages Delivery Services, you agree to have attained the minimum legal drinking (“Legal Drinking Age”) and have obtained applicable permits/license/authorization to purchase and consume the product(s), in accordance with applicable laws.
  9. In order to avail the Alcoholic Beverages Delivery Services, you are required to provide a copy of your Government Identification Document containing your photograph and date of birth (“Identification Document”) at the time of placement of your Order(s) for the product(s) on the Mzansi Food Platform and show such Identification Document to the Delivery Driver Partner, assigned by Mzansi Food (“Delivery Service Provider”), for verification, to be able to take delivery of the Order. Should you fail to provide the Identification Document or if, in the opinion of the Delivery Driver Partner, the Identification Document either does not belong to you or appears to be fake, the Delivery Driver Partner reserves the right to cancel your Order and you would not be entitled to receive any refund any amount paid by you towards such cancelled Order, including the Delivery Charges and the payment gateway charges.
  10. You hereby agree, acknowledge and permit Mzansi Food to save the Identification Document provided by you and the details thereof for the purpose of enabling you to place subsequent order(s) of Alcoholic Beverages products through the Mzansi Food Platform. You further agree and acknowledge to permit Mzansi Food to share your Identification Information, including any other details provided by you which are necessary, with the Restaurant Partner and/or Retail Store Partner, for the purpose of fulfilling your order. All information provided by you to Mzansi Food, including the Identification Document, shall be governed by the Privacy Policy of Mzansi Food.
  11. It is your responsibility to determine the accuracy, quality, condition or packaging of your Alcoholic Beverages product(s) before accepting its delivery. In the event of any discrepancy in your order, do not accept its delivery and report such discrepancy to Mzansi Food via the Chat system or email support available on the Mzansi Food Platform. Once the delivery of an order has been accepted by you, Mzansi Food shall not be liable for any issue regarding the order, including without limitation, any missing product, tampered order or incorrect delivery of any Alcoholic Beverages product.
  12. The quantity of products ordered shall be in accordance with prescribed applicable law.
  13. You shall ensure that the delivery location does not fall into the categories of places where delivery of the products is prohibited under the applicable law.
  14. You hereby agree to not place Order for Alcoholic Beverages products for any individual below Legal Drinking Age.
  15. Services are available to only select geographies and are subject to restrictions under applicable law and the restrictions based on business hours and days of the Restaurant Partner and/or Retail Store Partner.
  16. While placing the order for the Alcoholic Beverages product(s), you would be liable to pay amounts towards the price of the products as listed on the Mzansi Food Platform including any delivery charges, payment gateway charges and any other charges as may be determined by Mzansi Food in its sole discretion.
  17. All Alcoholic Beverages products listed on the Platform will be sold at the listing price, unless otherwise specified. The prices listed on the Mzansi Food Platform are as received from the Restaurant Partner and/or Retail Store Partner.

 

  • General Terms of Use

 

  1. Mzansi Food is not a manufacturer, seller or distributor of food and beverages or products and merely places an order against the Restaurant Partners and/or Retail Store Partners on behalf of the users pursuant to the unconditional and irrevocable authority granted by the users to Mzansi Food, and facilitates the sale and purchase of food and beverages or products between users and Restaurant Partners and/or Retail Store Partners, under the contract for sale and purchase of food and beverages or products between the users and Restaurant Partners and/or Retail Store Partners. Mzansi Food shall not be liable for any acts or omissions on part of the Restaurant Partners and/or Retail Store Partners including deficiency in service, wrong delivery of order / order mismatch, quality, incorrect pricing, deficient quantity, time taken to prepare or deliver the order, etc.
  2. Mzansi Food clarifies that the liability of any violation of the applicable rules and regulations made thereunder shall solely rest with the sellers and or/ brand owners, vendors, Restaurant Partners and/or Retail Store Partners, importers or manufacturers of the food products, or any Pre-Packed Goods accordingly. For the purpose of clarity Pre-Packed Goods shall mean the food and beverages items which is placed in a package of any nature, in such a manner that the contents cannot be changed without tampering it and which is ready for sale to the Customer or as may be defined under the Food Safety and Standards Act, from time to time.
  3. Please note that some of the food and beverages or products may be suitable for certain ages only. You should check the dish you are ordering and read its description, if provided, prior to placing your order. Mzansi Food shall not be liable in the event the food and beverages or the product ordered by you do not meet your dietary or any other requirements and/or restrictions.
  4. While placing an order you shall be required to provide certain details, including without limitation, contact number and delivery address. You agree to take particular care when providing these details and warrant that these details are accurate and complete at the time of placing an Order. By providing these details, you express your acceptance to Mzansi Food’s Terms and Privacy Policies.
  5. You or any person instructed by you shall not resell food and beverages or products purchased via the Mzansi Food Platform.
  6. The total price for food ordered, including the Delivery Charges and other charges, will be displayed on the Mzansi Food Platform when you place your order, which may be rounded up to the nearest amount. users shall make full payment towards such food or products ordered via the Mzansi Food Platform.
  7. Any amount that may be charged to you by Mzansi Food over and above the order value, shall be inclusive of applicable taxes.
  8. Delivery periods/Takeaway time quoted at the time of ordering are approximate only and may vary.
  9. Personal Promo code can only be used by you subject to such Terms and Conditions set forth by Mzansi Food from time to time.

 

 

  • Persons who are “incompetent to contract” within the meaning of the South African Contract Act, including minors, un-discharged insolvents etc. are not eligible to use the Platform. Only individuals who are 18 years of age or older may use the Platform and all available Services. If you are under 18 years of age and you wish to download, install, access or use the Platform, your Parents or Legal Guardian must acknowledge and agree to the Terms of Use and Privacy Policy. Should your Parents or Legal Guardian fail to agree or acknowledge the Terms of Use and Mzansi Food Policies, you shall immediately discontinue its use. Mzansi Food reserves the right to terminate your Membership and/or deny access to the Platform if it is brought Mzansi Food’s notice that you are under the age of 18 years.

 

  • If you choose to use the Platform, it shall be your responsibility to treat your user identification code, password and any other piece of information that we may provide, as part of our security procedures, as confidential and not disclose the same to any person or entity other than us. We shall at times and at our sole discretion reserve the right to disable any user identification code or password if you have failed to comply with any of the provisions of these Terms of Use.

 

  • As we are providing Services in the selected cities/towns/areas in South Africa, we have complied with applicable laws of South Africa in making the Platform and its content available to you. In the event the Platform is accessed from outside South African or outside our delivery zones, it shall be entirely at your risk. We make no representation that the Platform and its contents are available or otherwise suitable for use outside select cities/towns or areas. If you choose to access or use the Platform from or in locations outside select areas, you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorizations, rules and guidelines.

 

  • You shall always be responsible for the use of the Services through your computer or Mobile device and for bringing these Terms of Use and Mzansi Food Policies to the attention of all such persons accessing the Platform on your computer or Mobile device.

 

  • You understand and agree that the use of the Services do not include the provision of a computer or Mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Platform requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Platform and all available Services, and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.

 

  • You agree and grant permission to Mzansi Food to receive promotional SMS and e-mails from Mzansi Food or Allied Partners. In case you wish to opt out of receiving promotional SMS or email please send a mail to support@mzansifood.com

 

  • By using the Platform, you represent and warrant that:
  1. All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.
  2. Your use of the Platform shall be solely for your personal use and you shall not authorize others to use your Account, including your profile or email address and that you are solely responsible for all content published or displayed through your Account, including any email messages, and your interactions with other users and you shall abide by all applicable local, provincial, national and foreign laws, treaties and regulations, including those related to Information Privacy, international communications and the transmission of technical or Personal Information.
  3. You will not submit, post, upload, distribute, or otherwise make available or transmit any content that:
  4. Is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person.
  5. Is bigoted, hateful, or racially or otherwise offensive.
  • Is violent, vulgar, obscene, pornographic or otherwise sexually explicit; and
  1. Is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them.
  2. All necessary licenses, consents, permissions and rights are owned by you and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by these Terms of Use and Privacy Policy, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and/or other proprietary rights contained in any content that you submit, post, upload, distribute or otherwise transmit or make available. You will not

 

  1. Use any Services provided by the Platform for commercial purposes of any kind, or
  2. Advertise or sell any products, Services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind. In the event you want to advertise your product or service contact contact@mzansifood.com.
  • Use the Platform in any way that is unlawful, or harm us or any other person or entity, as determined in our sole discretion.
  1. Post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Platform.
  2. Use another person’s Username, password or other Account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
  3. Engage in any form of antisocial, disrupting, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “grieving” as those terms are commonly understood and used on the Internet.
  • Delete or modify any content of the Platform, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
  • Post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest.
  1. Access the Platform without authority or use the Platform in a manner that damages, interferes or disrupts:
  • Any part of the Platform or the Platform software; or
  • Any equipment or any network on which the Platform is stored or any equipment of any third party.

 

  1. You release and fully indemnify Mzansi Food and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users of the Platform and specifically waive any claims that you may have in this behalf under any applicable laws of South Africa. Notwithstanding its reasonable efforts in that behalf, Mzansi Food cannot take responsibility or control the information provided by other users which is made available on the Platform. You may find another User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.

 

  • In order to connect users to certain Restaurants Partners and/or Retail Store Partners, we provide value added Chat Services through our Mzansi Food Platform. You agree to use the Services only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree to use the data owned by Mzansi Food (as available on the Services or through any other means like API etc.) only for personal use/purposes and not for any commercial use unless agreed to by/with Mzansi Food in writing.

 

  • You agree not to access (or attempt to access) any of the Services by any means other than the interface that is provided by Mzansi Food, unless you have been specifically allowed to do so, by way of a separate agreement with Mzansi Food. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or Web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

 

  • You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You shall not delete or revise any material or information posted by any other user(s), and shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.

 

10.    Delivery Orders

  • Service Availability

Each Restaurant Partner and/or Retail Store Partner has a prescribed delivery area. This delivery area may change at any time due to factors such as weather, or demand on our service. This is to ensure that Items reach you safely. Our Restaurant Partner and/or Retail Store Partner each decide their own operating hours. That means that the availability of our service, and the range of Restaurant Partners and/or Retail Store Partners from which you can order, depends on the Restaurant Partner and/or Retail Store Partner in your area. If you try to order a delivery to a location outside the delivery area or operating hours of a Restaurant Partner and/or Retail Store Partner, or the Application is otherwise unavailable for any reason, we will notify you that ordering will not be possible.

 

  • Delivery Orders

 

When you place an order through our Application, it needs to be accepted by us or the Restaurant Partner and/or Retail Store Partner before it is confirmed. We will send you a notification if your order has been accepted (the Confirmation Notice”). The contract for the supply of any Item you have ordered comes into existence when we send the Confirmation Notice. You are responsible for paying for all Items ordered using your Account, and for related delivery charges, and for complying with these Terms, even if you have ordered the Item for someone else. Some Restaurant Partners and/or Retail Store Partners operate a minimum order value policy. This will be displayed on our Application. All Items are subject to availability.  Restaurant Partners and/or Retail Store Partners may use nuts or other allergens in the preparation of certain Items. Many Restaurant Partners and/or Retail Store Partners will be displaying dish by dish allergens information. Where that information is not available or if you have further questions, please contact the Restaurant Partner and/or Retail Store Partner prior to ordering if you have an allergy. Mzansi Food cannot guarantee that any of the Items sold by our Restaurant Partners and/or Retail Store Partners are free of allergens.

 

  • Delivery

 

When you place an order, you will have the choice to place it as an ASAP Delivery. For an ASAP Delivery, an estimated delivery time is indicated on the Application for you before you place the order, but we will attempt delivery as soon as possible; you must therefore be available to accept delivery from the time you place the order.

Unfortunately, despite our, and our Restaurant Partner and/or Retail Store Partner’s best efforts, things do not always go according to plan and factors such as traffic and weather conditions may prevent us from delivering your Item on time. If your order is more than 15 minutes late, and we haven’t notified you giving you the option to cancel your order, we will work with you to make things right unless you have caused the delay (e.g., because you gave us the wrong address or did not come to the door).

We will attempt delivery at the address you provide to Us when you place your order. If you need to change the delivery address after you have placed your order, and the order is not yet in preparation, we may be able to change to the address to an alternative one that is registered with your Account if you let Us know via Chat system, WhatsApp or Call us before the Delivery Driver collects your order from the Restaurant Partner and/or/ Retail Store Partner to you and the new address is within the same zone as the address you originally ordered your Item to. If we cannot change the delivery address, you have the option to cancel the order, but if food preparation has started you will be charged the full price for the Item, and if the Delivery Driver has been out for delivery you will also be charged for delivery.

You will still be charged for the Item and for delivery in the event of a failed delivery if you have caused such failure for any reason. Reasons you might cause a delivery to fail include (but are not limited to):

  • You did not come to the door, did not pick up the phone when the Delivery Driver contacted you using the contact information you have provided us and/or you picked up the phone but then failed to provide access within a reasonable amount of time, and the Delivery Driver is unable to find a safe location to leave the food.
  • The Delivery Driver refuses to deliver the Item to you in accordance with section 10.5 (Age Restricted products)

 

 

  • Your rights if something is wrong with your Item

You have a legal right to receive products or goods which comply with their description, which are of satisfactory quality and which comply with any specific requirements you tell us about (and e agree to) before you place your order. If you believe that the Items you have been delivered do not comply with these legal rights, please let Us know. We may request a photograph showing the problem if it is something that can be seen by inspecting the Items. We will provide a Refund or Account Credit in respect of the affected part of the Item, and also in respect of delivery if the whole order was affected, unless we have reasonable cause to believe that the problem was caused after delivery. Prior to processing your Refund or Account Credit, we may take into Account relevant factors including the details of the order, including your Account history, what happened on delivery and information from the Restaurant Partner and/or Retail Store Partner.

 

  • Age Restricted Products

Age restricted products (including, without limitation, Alcohol, Tobacco and Cigarettes) can only be sold and delivered to persons aged 18 years or over. By placing an order for an age restricted product, you confirm that you are at least 18 years old. Mzansi Food operates an age verification policy whereby Customers ordering age restricted products will be asked by the Delivery Driver to provide proof that they are aged 18 or over before the delivery is completed. The Delivery Driver may refuse to deliver any age restricted product to any person unless they can provide valid photo ID proving that they are aged 18 or over. The Restaurant Partner and/or Retail Store Partner and the Delivery Driver may refuse to deliver Alcohol to any person who is or appears to be under the influence of either Alcohol or Drugs. If delivery of any age restricted product is refused, you will still be charged for the relevant Item and for delivery.

 

  • Cancellation

 

You may cancel an order without charge at any time before the Restaurant Partner and/or Retail Store Partner has started preparing the food (“in Preparation”). If you wish to cancel an order before it becomes Preparation Order, please contact us immediately, via our Application. If the Restaurant/Retail Store Partner confirms the order was not in Preparation Order, we will refund your payment (excluding any discount, or Coupon that was applied to the order – see Coupon and Account Credit Terms for more detail). If you cancel any order after it becomes in Preparation Order, you will be charged the full price for the Items, and if the Delivery Driver has been out for delivery, you will also be charged for delivery.

Mzansi Food and the Partner Restaurant may notify you that an order has been cancelled at any time. You will not be charged for any orders cancelled by us or the Partner Restaurant, and we will reimburse you for any payment already made using the same method you used to pay for your order. We may also apply credit to your Account to reflect the inconvenience caused.

 

  1. You may cancel an order without charge at any time before the Restaurant Partner and/or Retail Store Partner has started preparing the food (“Preparation”). If you wish to cancel an order before it becomes a Preparation Order, please go to Mzansi Food App > Orders and click on Cancel Order or contact us immediately, via our Chat system.
  2. If the Restaurant Partner and/or Retail Store Partner confirms the order was not yet in Preparation, we will refund you 100% payment (excluding any discount, or Couponthat was applied to the order) or you may opt to get a coupon for the same amount of money for the order you made and make use of the coupon to purchase a product in future but only for the same Restaurant Partner and/or Retail Store Partner. Otherwise, we will have to refund you and you will pay cancellation fee.
  • If you cancel any order after it becomes a Preparation Order, you will be charged the full price for the Items, and if the Delivery Driver Partner has been collected your food from the Restaurant Partner/Retail Store Partner to you for delivery, you will also be charged for delivery fee if applicable.

 

 

 

 

  • Prices, Payment and Offers

 

You confirm that you are using our service for personal, non-commercial use unless you request a VAT invoice. Mzansi Food may operate dynamic pricing some of the time, which means that prices of Items and delivery may change while you are browsing. Prices can also change at any time at the discretion of the Restaurant Partner and/or Retail Store Partner. We reserve the right to charge a Delivery Fee, which may be subject to change, for the provision of our Services. You will be notified of any applicable Delivery Fee and Taxes prior to purchase on the checkout page on our Application. No changes will affect existing confirmed orders unless there is an obvious pricing mistake. Nor will changes to prices affect any orders in process and appearing within your cart, provided you complete the order within 2 hours of creating the cart. If you do not conclude the order before the 2-hour cut-off the items will be removed from your basket automatically and the price change will apply. If there is an obvious pricing mistake, we will notify you as soon as we can, and you will have the choice of confirming the order at the original price or cancelling the order without charge and with a full Refund of any money already paid.  Where Mzansi Food or any Restaurant Partners and/or Retail Store Partners make a delivery, we or the Restaurant Partners and/or Retail Store Partners may also charge you a delivery fee. This will be notified to you during the order process before you complete your order. The total price of your order will be set out on the checkout page on our Application, including the prices of Items and Delivery Fees and taxes. Payment for all Items and deliveries can be made on our Application by cash on delivery, credit or debit card, or other payment method made available by Mzansi Food. Once your order has been confirmed your credit or debit card will be authorized and the total amount marked for payment. Payment is made directly to Mzansi Food acting as agent on behalf of the Restaurant Partner and/or Retail Store Partner only. Payment may also be made by using Vouchers or Account Credit. Use of these is subject to Mzansi Food’s Coupon and Account Credit Terms.

 

We are authorized by our Restaurant Partners and/or Retail Store Partners to accept payment on their behalf and payment of the price of any Items or delivery charges to us will fulfil your obligation to pay the price to the Restaurant Partner and/or Retail Store Partner. In some cases, you can alternatively make your payment in cash directly to the Restaurant Partner and/or Retail Store Partner by paying the Delivery Driver at the time of delivery.  Where cash payment is possible, this will be made clear on our Application before you place your order. Restaurant Partners and/or Retail Store Partners sometimes make special offers available through our Application. These are visible when you look at a Restaurant Partner and/or Retail Store Partner menu. These offers are at the discretion of the Restaurant Partners and/or Retail Store Partners. Unless the offer terms state a fixed or minimum period for which an offer will be available, it can be withdrawn at any time, unless you have already placed an order based on the offer and we have sent the Order Confirmation.

 

  • Tips

 

When placing your Order:

When you place an order, you will have the option to pay a tip to your Delivery Driver or the Restaurant Partner and/or Retail Store Partner, in addition to the purchase price of the Items in your order. Any payment will be collected by Mzansi Food using the payment method used for the original order and your Delivery Driver or the Restaurant Partner and/or Retail Store Partner will receive 100% of any payment you choose to make.

Before checking out:

Before checking out, you have an opportunity to pay a tip to your Delivery Driver. Mzansi Food will collect payment on behalf of the Delivery Driver, as their limited payment collection agent, and payment of the tips shall be considered a direct payment from you to the Delivery Driver. Your Delivery Driver will receive 100% of any payment you choose to make, this payment is non-refundable and does not form part of your order. Depending on the payment method used for your original order, your tip may show up on your bank/credit card statement as a separate payment. You may pay or tip the Delivery Driver at the of the delivery.

 

  • Our responsibility for loss or damage

We are responsible to you for any loss or damage that you suffer that is a foreseeable result of our breaking these Terms or of failing to use reasonable care and skill in relation to your use of our service. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is “foreseeable” if it is either obvious that it will happen, or if you told us that it might happen, for example if you tell us about particular circumstances that might increase the loss or damage arising from our breach of these Terms before you place an order.

We do not exclude or limit our responsibility to you for loss or damage where it would be unlawful to do so. This includes any responsibility for death or personal injury caused by our failure, or our employees’, agents’ or subcontractors’ failure, to use reasonable care and skill; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Items; or for defective Items under the Consumer Protection Act 68 of 2008. Subject to the previous paragraph, we are not responsible for any loss or damage that you suffer as a result of your own breach of these Terms, or as a result of any IT hardware or software failure other than a failure in our Applications.  When you place an order, you will have the choice to place it as Delivery, Pick-Up or Dine-In option. For Delivery and Pick-Up, we will tell you an estimated time for your Item before you place the order, but we will attempt delivery as soon as possible; you must therefore be available to accept delivery from the time you place the order.

Unfortunately, despite our, and our Restaurant Partners and/or Retail Store Partners best efforts, things do not always go according to plan and factors such as traffic and weather conditions may prevent us from delivering your Item on time. If your order is more than 15 minutes late, we will work with you to make things right unless you have caused the delay (e.g., because you gave us the wrong address or did not come to the door).

 

We will attempt delivery at the address you provide to us when you place your order. If you need to change the delivery address after you have placed your order, and the order is not yet in preparation, we may be able to change to the address to an alternative one that is registered with your Account if you let us know via Chat system, WhatsApp or Call Us before the Delivery Driver collects your order from the Restaurant Partner and/or Retail Store Partner to you and the new address is within the same zone as the address you originally ordered your Item to. If we cannot change the delivery address, you have the option to cancel the order, but if food preparation has started you will be charged the full price for the Item, and if the Delivery Driver has been out for delivery you will also be charged for delivery.

You will still be charged for the Item and for delivery in the event of a failed delivery if you have caused such failure for any reason. Reasons you might cause a delivery to fail include (but are not limited to):

  • You did not come to the door, did not pick up the phone when the Delivery Driver contacted you using the contact information you have provided us and/or you picked up the phone but then failed to provide access within a reasonable amount of time, and the Delivery Driver is unable to find a safe location to leave the food.
  • The Delivery Driver refuses to deliver the Item to you in accordance with section 5 (Age Restricted products).

11.    Pick-up Orders

  • Service Availability

Each Restaurant Partner and/or Retail Store Partner has a prescribed area within which it can accept Pick-up or collection Orders. Our Restaurant Partners and/or Retail Store Partners each decide their own operating hours. That means that the availability of our service, and the range of Restaurant Partners and/or Retail Store Partners from which you can order to pick-up, depends on the Restaurant Partner and/or Retail Store Partner in your area. If you try to place a Pick-up Order with a Restaurant Partner and/or Retail Store Partner when you are not in the prescribed area for Pick-up Orders, or you try to place a Pick-up Order outside the operating hours of a Restaurant Partner and/or Retail Store Partner, or the Application is otherwise unavailable for any reason, we will notify you that ordering will not be possible.

 

  • Pick-up Orders

When you place a Pick-up Order through our Application, it needs to be accepted by us or the Restaurant Partners and/or Retail Store Partners before it is confirmed. Your Pick-up Order may be rejected at any time.  Our Restaurant Partners and/or Retail Store Partners may, for example, reject your Pick-up Order if they are too busy or the Items you have ordered are temporarily unavailable.

We will send you a notification if your Pick-up Order has been accepted (the “Order Confirmation “). The contract for the supply of any Item you have ordered comes into existence when we send the Order Confirmation. You are responsible for paying for all Items ordered using your Account and for complying with these Terms, even if you have ordered the Item for someone else. All Items are subject to availability.

Restaurant Partners and/or Retail Store Partners may use nuts or other allergens in the preparation of certain Items. Increasing numbers of Restaurant Partners and/or Retail Store Partners will be displaying dish by dish allergens information. Where that information is not available or if you have further questions, please contact the Restaurant Partners and/or Retail Store Partners prior to ordering if you have an allergy. Mzansi Food cannot guarantee that any of the Items sold by our Restaurant Partners and/or Retail Store Partners are free of allergens.

 

  • Pick-up or Collection Order

When you place a Pick-up Order, which is accepted by us or the Restaurant Partners and/or Retail Store Partners, we, or the Restaurant Partners and/or Retail Store Partners will tell you the time when your Items are expected to be ready for pick-up (“Estimated Pick-up Time”). The Estimated Pick-up Time is not guaranteed by either us or our Restaurant Partners and/or Retail Store Partners. You will be required to collect your Items directly from the Restaurant Partner and/or Retail Store Partner at the Pick-up Location. You must arrive at the Restaurant and/or Retail Store to collect your Items at or just before the Estimated Pick-up Time. Our Restaurant Partners and/or Retail Store Partners will hold your Items for you for 30 minutes after the Estimated Pick-up Time. If you fail to collect your Items within 30 minutes after the Estimated Pick-up Time, the Restaurant Partner and/or Retail Store Partner may dispose of your Items. You will still be charged for the Item in the event you fail to pick-up your Item from the Restaurant Partner and/or Retail Store Partner.

Unfortunately, despite our, and our Restaurant Partners and/or Retail Store Partners’ best-efforts things do not always go according to plan and there may be times when your Items are not ready for pick-up at the Estimated Pick-up Time. If your order is not ready more than 15 minutes after the Estimated t Pick-up Time, we will work with you to make things right unless you have caused the delay (e.g., because you changed your Pick-up Order after it was confirmed).

 

  • Your rights if something is wrong with your Items

You have a legal right to receive products or goods which comply with their description, which are of satisfactory quality and which comply with any specific requirements you tell us about (and we agree to) before you place your Pick-up Order. If you believe that the Items you have picked up do not comply with these legal rights, please let us know. We may request a photograph showing the problem if it is something that can be seen by inspecting the Items. We will provide a Refund or Account Credit in respect of the affected part of the Item, unless we have reasonable cause to believe that the problem was caused after pick-up.

Prior to processing your Refund or Account Credit, we may take into account relevant factors including the details of the Pick-up Order, your Account History, what happened on or immediately after pick-up and information from the Restaurant Partner and/or Retail Store Partner.

 

  • Age Restricted Products

Age restricted products (including, without limitation, Alcohol, Tobacco and Cigarettes) can only be sold to persons aged 18 years or over. By placing a Pick-up Order for an age restricted product, you confirm that you are at least 18 years old. Mzansi Food operates an age verification policy whereby Customers who order age restricted products will be asked by the Restaurant Partners and/or Retail Store Partners to provide proof that they are aged 18 or over. Restaurant Partners and/or Retail Store Partners may refuse to sell any age restricted product to any person unless they can provide valid photo ID proving that they are aged 18 or over. The Restaurant/Retail Store Partners may also refuse to sell Alcohol to any person who is or appears to be under the influence of either Alcohol or Drugs. If the sale of any age restricted product is refused, and the Restaurant Partner and/or Retail Store Partner confirms to Mzansi Food that the relevant Item was not provided to you, Mzansi Food will process a Refund for the relevant Item to the Card from which you paid for your Pick-up Order. If you paid for your Pick-up Order in cash at the Restaurant/Retail Store, the Restaurant Partner and/or Retail Store Partner will process the Refund for you.

 

  • Cancellation

You may cancel a Pick-up Order without charge at any time before Restaurant Partner and/or Retail Store Partner has started preparing the food (“in Preparation Order“). If you wish to cancel a Pick-up Order before it becomes Preparation Order, please contact us immediately via our Chat system, WhatsApp, or Application. If the Restaurant Partner and/or Retail Store Partner confirms the Pick-up Order was not in Preparation Order, we will Refund your payment (excluding any Discount, or Coupon that was applied to the Pick-up Order – see Coupon and Account Credit Terms for more detail). If you cancel any Pick-up Order after it becomes a Preparation Order, you will be charged the full price for the Items.

Mzansi Food and the Restaurant Partner and/or Retail Store Partner may notify you that a Pick-up Order has been cancelled at any time. You will not be charged for any Pick-up Orders cancelled by Us or Our Restaurant Partners and/or Retail Store Partners, and we will reimburse you for any payment already made using the same method you used to pay for your Pick-up Order. We may also apply Credit to your Account to reflect the inconvenience caused.

 

  • Prices, Payment and Offers

 

You confirm that you are using our service for personal, non-commercial use unless you request a VAT invoice. Mzansi Food may operate dynamic pricing some of the time, which means that prices of Items may change while you are browsing. Prices can also change at any time at the discretion of the Restaurant Partners and/or Retail Store Partners. You will be notified of any applicable Fees and taxes prior to purchase on the checkout page on our Application. No changes will affect existing confirmed Pick-up Orders unless there is an obvious pricing mistake. Nor will changes to prices affect any Pick-up Orders in process and appearing within your Cart, provided you complete and place the Pick-up Order within 2 hours of creating the Cart. If you do not conclude the Pick-up Order before the 2-hour cut-off, the items will be removed from your Cart automatically and the price change will apply if you re-add the relevant items to your Cart. If there is an obvious pricing mistake, we will notify you as soon as we can, and you will have the choice of confirming the Pick-up Order at the original price or cancelling the Pick-up Order without charge and with a full Refund of any money already paid. The total price of your Pick-up Order will be set out on the checkout page on our Application, including the prices of Items and applicable Fees and Taxes.

We are authorized by our Restaurant Partners and/or Retail Store Partners to accept payment on their behalf and payment of the price of any Items to us will fulfil your obligation to pay the price to the Restaurant Partners and/or Retail Store Partners. Payment for all Items can be made on our Application by Credit or Debit Card, or such other payment method made available by Mzansi Food. Once your Pick-up Order has been confirmed, your Credit or Debit Card will be authorized, and the total amount marked for payment. Payment is made directly to Mzansi Food acting as agent on behalf of the Credit or Debit Card only. Payment may also be made by using Vouchers or Account Credit. Use of these is subject to Mzansi Food’s Coupon and Account Credit Terms.

In some cases, you can alternatively make your payment in Cash directly to the Restaurant Partners and/or Retail Store Partners at the time of pick-up.  Where Cash payment is possible, this will be made clear on our Application before you place your order. Otherwise, all payments for Pick-up Orders must be made on our Application by Credit or Debit Card, or such other payment method made available by Mzansi Food.

Unless you are permitted to make your payment in Cash directly to the Restaurant/Retail Store Partner (in which case you will pay for your Pick-up Order at the time of pick-up), you are not required to make any further payments when you pick-up your Pick-up Order from the relevant Restaurant/Retail Store Partner.  In the unlikely event that a Restaurant/Retail Store Partner requests additional payment from you on pick-up, do not make any such payment and contact Us immediately through the Application. We have no liability for any payments you make to a Restaurant/Retail Store Partner when collecting your Pick-up Order.

Restaurant/Retail Store Partners sometimes make special offers available through our Application. These are visible when you look at a Restaurant/Retail Store Partner menu. These offers are at the discretion of the Restaurant/Retail Store Partners. Unless the offer terms state a fixed or minimum period for which an offer will be available, it can be withdrawn at any time, unless you have already placed an order based on the offer and we have sent the Order Confirmation.

 

  • Our responsibility for loss or damage that you suffer

 

We are responsible to you for any loss or damage that you suffer that is a foreseeable result of our breaking these Terms or of failing to use reasonable care and skill in relation to your use of Our service. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is “foreseeable” if it is either obvious that it will happen, or if you told Us that it might happen, for example if you tell us about particular circumstances that might increase the loss or damage arising from our breach of these Terms before you place an order.

We do not exclude or limit our responsibility to you for loss or damage where it would be unlawful to do so. This includes any responsibility for death or personal injury caused by our failure, or our employees’, agents’, or subcontractors’ failure, to use reasonable care and skill; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Items, as summarized above; or for defective Items under the Consumer Protection Act 68 of 2008. Subject to the previous paragraph, we are not responsible for any loss or damage that you suffer as a result of your own breach of these Terms, or as a result of any IT hardware or software failure other than a failure in our Applications.

When you place a Pick-up Order through our Application, it needs to be accepted by us or the Restaurant/Retail Store Partner before it is confirmed. Your Pick-up Order may be rejected at any time.  Our Restaurant/Retail Store Partners may, for example, reject your Pick-up Order if they are too busy or the Items you have ordered are temporarily unavailable.

We will send you a notification if your Pick-up Order has been accepted (“Order Confirmation “). The contract for the supply of any Item you have ordered comes into existence when we send the Order Confirmation. You are responsible for paying for all Items ordered using your Account and for complying with these Terms, even if you have ordered the Item for someone else. This will be displayed on our Application. All Items are subject to availability.

Restaurant/Retail Store Partners may use nuts or other allergens in the preparation of certain Items. Increasing numbers of Restaurant/Retail Store Partners will be displaying dish by dish allergens information. Where that information is not available or if you have further questions, please contact us or the Restaurant/Retail Store Partner prior to ordering if you have an allergy. Mzansi Food cannot guarantee that any of the Items sold by our Restaurant/Retail Store Partners are free of allergens.

 

  • Pick-up

 

When you place a Pick-up Order, which is accepted by the Restaurant/Retail Store Partner, the Restaurant/Retail Store Partner will tell you the time when your Items are expected to be ready for pick-up (“Estimated Pick-up Time”). The Estimated Pick-up Time is not guaranteed by either Us or our Restaurant/Retail Store Partners. You will be required to collect your Items directly from the Restaurant/Retail Store Partner at the Pick-up Location. You must arrive at the Restaurant/Retail Store Partner to collect your Items at or just before the Estimated Pick-up Time. Our Restaurant/Retail Store Partners will hold your Items for you for 30 minutes after the Estimated Pick-up Time. If you fail to collect your Items within 30 minutes after the Estimated Pick-up Time, the Restaurant/Retail Store Partner may dispose of your Items. You will still be charged for the Item in the event you fail to pick-up your Item from the Restaurant/Retail Store Partner.

Unfortunately, despite our, and our Restaurant/Retail Store Partners’, best efforts things do not always go according to plan and there may be times when your Items are not ready for pick-up at the Estimated Pick-up Time. If your order is not ready more than 15 minutes after the Estimated Pick-up Time, we will work with you to make things right unless you have caused the delay (e.g. because you changed your Pick-up Order after it was confirmed).

 

 

  • Your rights if something is wrong with your Items

You have a legal right to receive products or goods which comply with their description, which are of satisfactory quality and which comply with any specific requirements you tell us about (and we agree to) before you place your Pick-up Order. If you believe that the Items you have picked up do not comply with these legal rights, please let us know. We may request a photograph showing the problem if it is something that can be seen by inspecting the Items. We will provide a Refund or Account Credit in respect of the affected part of the Item, unless we have reasonable cause to believe that the problem was caused after Pick-up.

Prior to processing your Refund or Account Credit, we may take into account relevant factors including the details of the Pick-up Order, your Account History, what happened on or immediately after pick-up and information from the Restaurant Partner.

12.    Table or Dine-In Booking Orders

  • Table Service Orders

When you place a Table or Dine-in Service Order through our Application, it needs to be accepted by us or the Restaurant/Retail Store Partner before it is confirmed. Your Table or Dine-in Service Order may be rejected at any time.  Our Restaurant/Retail Store Partners may, for example, reject your Table or Dine-in Service Order if they are too busy or the Items you have ordered are temporarily unavailable.

We will send you a notification if your Table or Dine-in Service Order has been accepted (the “Order Confirmation”). The contract for the supply of any Item you have ordered comes into existence when we send the Order Confirmation. You are responsible for paying for all Items ordered using your Account and for complying with these Terms, even if you have ordered the Item for someone else. All Items are subject to availability.

Restaurant/Retail Store Partners may use nuts or other allergens in the preparation of certain Items. Increasing numbers of Restaurant/Retail Store Partners will be displaying dish by dish allergens information. Where that information is not available or if you have further questions, please contact the Restaurant/Retail Store Partners prior to ordering if you have an allergy. Mzansi Food cannot guarantee that any of the Items sold by our Restaurant/Retail Store Partners are free of allergens.

The user can make a request for booking a Table or Dine-in Service Order at a Restaurant/Retail Store Partner, offering table reservation via the Mzansi Food Platform and related Mobile or software Application and such booking will be confirmed to a user by email, short message service (“SMS”) and/or by any other means of communication only after the Restaurant/Retail Store Partner accepts and confirms the booking. The availability of a booking is determined at the time a user requests for a table reservation. While using the Mzansi Food Booking Service, you shall be required to provide certain details, you agree to provide correct details and warrant that these details are accurate and complete. By submitting a table booking request, you express your acceptance to Mzansi Food’s Terms and Privacy Policies and agree to receive booking confirmations by email, SMS and/or by any other means of communication after booking a table through the Mzansi Food Booking Service.

 

 

  • Table or Dine-in Service

When you place a Table or Dine-in Service Order which is accepted by the Restaurant/Retail Store Partner, the Restaurant/Retail Store Partner will confirm to you that the date, time, and number of people you are dinning with and the ordered items are expected to be ready for Table or Dine-in Service. You may be required to collect your Items directly from the Restaurant/Retail Store Partner at the Table Service Location. You should be seated at the Restaurant/Retail Store Partner’s site by the Target Table Service Time and Date. You will still be charged for the Table Service Order in the event you fail to collect your Table Service Order from the Restaurant/Retail Store Partner. Unfortunately, despite our Restaurant/Retail Store Partners’ best-efforts things do not always go to plan and there may be times when your Table Service Order is not ready at the Target Table Service Time. If you wish to make a complaint, please do so with the Restaurant/Retail Store Partner directly (the Restaurant/Retail Store Partner will resolve the situation at their discretion).

 

  • Your rights if something is wrong with your Items

You have a legal right to receive products or goods which comply with their description, which are of satisfactory quality and which comply with any specific requirements you tell the Restaurant/Retail Store Partner about (and the Restaurant/Retail Store Partner agrees to) before you place your Table Service Order. If you believe that the Items you have received do not comply with these legal rights, please contact the Restaurant/Retail Store Partner.

 

  • Age Restricted Products

Age restricted products (including, without limitation, Alcohol, Tobacco and Cigarettes) can only be sold to persons aged 18 or over. By placing a Table Service Order for an age restricted product, you confirm that you are at least 18 years old. Mzansi Food operates an age verification policy whereby Customers who order age restricted products may be asked by the Restaurant/Retail Store Partner to provide proof that they are aged 18 or over. The Restaurant/Retail Store Partner may refuse to sell any age restricted product to any person unless they can provide a valid photo ID proving that they are aged 18 or over. The Restaurant/Retail Store Partner may also refuse to sell Alcohol to any person who is or appears to be under the influence of either Alcohol or Drugs. If the sale of any age restricted product is refused, the Restaurant/Retail Store Partner may in its discretion process a Refund for the relevant Item to the Card from which you paid for your Table Service Order.

 

  • Cancellation

You may cancel a Table Service Order without charge at any time before the Restaurant/Retail Store Partner has accepted your Table Service Order. If the Restaurant/Retail Store Partner has not accepted your Table Service Order your payment will be Refunded (excluding any Discount, or Coupon that was applied to the Table Service Order – see Coupon and Account Credit Terms for more detail). If you wish to cancel a Table Service Order that has been accepted by the Restaurant/Retail Store Partner, please contact the Restaurant/Retail Store Partner directly. If you cancel any Table Service Order after it has been accepted, you will be charged the full price for the Items. Mzansi Food and the Restaurant/Retail Store Partner may notify you that a Table Service Order has been cancelled at any time. You will not be charged for any Table Service Orders cancelled by us or the Restaurant/Retail Store Partner, and you will be reimbursed for by whichever of us cancelled your order.

Any request for modification of the confirmed booking will be subject to acceptance of the same by the Restaurant/Retail Store. Mzansi Food will use its best endeavors to keep the user informed of the status of the booking. A confirmed booking for which Booking Fee has been charged from a user, modification option will not be available, however the User is required to cancel the confirmed booking twenty-four (24) hours prior to the scheduled booking time to avail the refund. Unless otherwise provided herein these Terms, Mzansi Food shall refund the Booking Fee to the user within seven (7) working days from the date of such cancellation. However, Mzansi Food reserves the right to retain the Booking Fee in the event the user fails to cancel the booking within the estimated timeframe mentioned herein above.

 

  • Prices, Payment and Offers

 

You confirm that you are using our Service for personal, non-commercial use unless you request a VAT invoice. Mzansi Food may operate dynamic pricing some of the time, which means that prices of Items may change while you are browsing. Prices can also change at any time at the discretion of our Restaurant/Retail Store Partners. We reserve the right to charge Fees, which may be subject to change, for the provision of our Services. You will be notified of any applicable Fees and Taxes prior to purchase on the Checkout page on our Application. No changes will affect existing confirmed Table Service Orders, unless there is an obvious pricing mistake. Nor will changes to prices affect any Table Service Orders in process and appearing within your Cart, provided you complete and place the Table Service Order within 2 hours of creating the Cart. If you do not conclude the Table Service Order before the 2-hour cut-off, the items will be removed from your Cart automatically and the price change will apply if you re-add the relevant items to your Cart. If there is an obvious pricing mistake, we will notify you as soon as we can, and you will have the choice of confirming the Table Service Order at the original price or cancelling the Table Service Order without charge and with a full Refund of any money already paid.

The total price of your Table Service Order will be set out on the Checkout page on our Application, including the prices of Items and applicable Fees and Taxes. We are authorized by our Restaurant/Retail Store Partners to accept payment on their behalf and payment of the price of any Items to us will fulfil your obligation to pay the price to the Restaurant/Retail Store Partners. Payment for all Items can be made on our Application by Credit or Debit Card, or such other payment method made available by Mzansi Food. Once your Table Service Order has been confirmed, your Credit or Debit Card will be authorized, and the total amount marked for payment. Payment is made directly to Mzansi Food acting as agent on behalf of the Restaurant/Retail Store Partner only. Payment may also be made by using Coupons or Account Credit. Use of these is subject to Mzansi Food’s Coupon and Account Credit Terms.

Restaurant/Retail Store Partners sometimes make special offers available through our Application. These are visible when you look at a Restaurant/Retail Store Partners menu. These offers are at the discretion of the Restaurant/Retail Store Partners. Unless the offer Terms state a fixed or minimum period for which an offer will be available, it can be withdrawn at any time, unless you have already placed an order based on the offer and we have sent the Order Confirmation.

Mzansi Food may charge booking fee (“Booking Fee”) from the user upon availing the Mzansi Food Book Service. This Booking Fee shall be adjusted by the restaurant against the total bill for the items consumed by the user at such restaurant. Any balance amount remaining to be paid after deduction of the Booking Fee from the restaurant bill shall be payable by the user. The user shall also be liable to pay any additional charges and/or applicable taxes that may be applicable to the transaction. In the event of any change in the amount of the Booking Fee after the payment is made by the user, the amount of the Booking Fee already paid by the user will be applicable. The user may be required to furnish the payment instrument at the restaurant from which payment has been made for identification purposes.

 

 

  • Our responsibility for loss or damage that you suffer

 

We are responsible to you for any loss or damage that you suffer that is a foreseeable result of our breaking these Terms or of failing to use reasonable care and skill in relation to your use of our Service. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is “foreseeable” if it is either obvious that it will happen, or if you told us that it might happen, for example if you tell us about particular circumstances that might increase the loss or damage arising from our breach of these Terms before you place an order. We exclude and limit our responsibility to you for loss or damage to the fullest extent save where it would be unlawful to do so. Subject to this, we are not responsible for any loss or damage that you suffer as a result of your own breach of these Terms or as a result of any IT hardware or software failure other than a failure in our Application.

 

 

  • Late Arrivals

Mzansi Food advises users to arrive 10 minutes in advance of the scheduled booking time. The restaurant reserves the right to cancel your booking and allocate the table to other guests in case of late arrivals and Mzansi Food shall in no manner be liable for such cancellation initiated by the Restaurant Partners and/or Retail Store Partners.

 

 

  • Dispute

 

In the event the Restaurant Partners and/or Retail Store Partners fail to honor the confirmed booking or in case of any other complaint or dispute raised by the user in relation to the booking, the user shall raise such disputes with Mzansi Food within 30 minutes from the scheduled booking time at the helpline numbers as provided herein below. Upon receipt of such complaint or dispute, Mzansi Food will make reasonable efforts to verify the facts of such complaint/ dispute with the Restaurant Partners and/or Retail Store Partners and may at its sole discretion initiate the Refund to the user.

 

  • Personal Information

 

Users will be required to share certain personal information with Mzansi Food and/or the Restaurant Partners and/or Retail Store Partners including but not limited to their name, phone number, email address in order to avail the Mzansi Food Booking Service and the user hereby permits Mzansi Food to share such personal information with the Restaurant Partners and/or Retail Store Partners for confirming such user’s booking and/or such other communications relating to but not limited to the Mzansi Food Booking Service or any promotions by the Restaurant Partners and/or Retail Store Partners. Mzansi Food will use these details in accordance with the Privacy Policy published here. Mzansi Food will share your personal information with the Restaurant Partners and/or Retail Store Partners for the purpose of your reservation. However, notwithstanding anything otherwise set out herein, Mzansi Food shall in no manner be liable for any use of your personal information by such Restaurant Partners and/or Retail Store Partners for any purpose whatsoever.

 

  • Additional Request:

In the case of any additional request communicated by the user at the time of the booking, the same will be conveyed to the Restaurant Partners and/or Retail Store Partners by Mzansi Food and confirmed to the user basis Restaurant Partners and/or Retail Store Partners’ response. While Mzansi Food will take all the care to ensure timely communication of these requests to both the User and the Restaurant Partners and/or Retail Store Partners, the liability to fulfill the request lies solely with the Restaurant Partners and/or Retail Store Partners and Mzansi Food shall in no manner be liable if the Restaurant Partner and/or Retail Store Partner does not honor any of the confirmed additional requests of the users.

 

13.    Payments Terms

  • Payments Terms for Users/Customers

 

Mzansi Food uses PayGate payment service provider as a payment gateway to collect you money. Your banking credentials are secure and safe. PayGate holds PCI DSS Level 1 certification. PayGate allows for payment across Credit and Debit Cards, Masterpass, Zapper, Snapscan, MTN MoMo, PayPal as well as SiD Secure EFT and others. On Checkout you will be directed to PayGate that will request you to fill you banking details and complete your payment.

  1. The Platform allows you to place an order for food and beverages, and we will, subject to the Terms of Use set out herein, enable delivery of such order to you.

 

  1. Mzansi Food do not own, sell, resell on its own and/or do not control the Restaurant Partners and/or Retail Store Partners or the related Services provided in connection thereof. You understand that any order that you place shall be subject to the Terms and Conditions set out in these Terms of Use including, but not limited to, product availability and delivery location serviceability.

 

  1. As a rule, all food orders placed on the Platform are treated as confirmed.

 

  1. However, upon your successful completion of placing an order, we may email, WhatsApp or call you on the telephone or chat with you via our Chat system to confirm the details of the order, the price to be paid and the estimated delivery time. For this purpose, you will be required to share certain information with us, including but not limited to:
  2. your first and last name,
  3. Mobile number,
  • email address,
  1. delivery address and
  2. Bank Card details, it shall be your sole responsibility to bring correct details to our attention.

 

  1. In addition to the foregoing, we may also contact you by phone and / or email to inform and confirm any change in the order, due to availability or unavailability or change in price of the order as informed by the Restaurant Partners and/or Retail Store Partners. Please note change or confirmation of the order shall be treated as final. It is clarified that Mzansi Food reserves the right to not to process your order in the event that you are unavailable on the phone at the time we call you for confirming the order and such event the provisions of the Cancellation and Refund Policy shall be applicable.

 

  1. All payments made against the purchases/Services on the Platform by you shall be compulsorily in South African Rand acceptable in the Republic of South Africa. The Platform will not facilitate transactions with respect to any other form of currency with respect to the purchases made on Platform. You can pay by
  2. Credit Card or Debit Card or Cash.
  3. any other ZAR approved payment method at the time of booking an order; or
  • Credit Card or Debit Card or Cash at the time of delivery. You understand, accept and agree that the payment facility provided by Mzansi Food is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on order made, delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, Mzansi Food is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.

 

  1. You acknowledge and agree that we act as the Restaurant/Retail Stores’ payment agent for the limited purpose of accepting payments from you on behalf of the Restaurant/Retail Stores. Upon your payment of amounts to us, which are due to the Restaurant/Retail Stores, your payment obligation to the Restaurant/Retail Stores for such amounts is completed, and we are responsible for remitting such amounts, to the Restaurant/Retail Stores.
  2. You agree to pay us for the total amount for the order placed by you on the Platform. We will collect the total amount in accordance with the Terms and Conditions of these Terms of Use and the pricing terms set forth in the applicable menu listing for the Restaurants/Retail Stores. Please note that we cannot control any amount that may be charged to you by your bank related to our collection of the total amount, and we disclaim all liability in this regard.

 

  1. In connection with your order, you will be asked to provide customary billing information such as Name, billing address and Credit Card information to PayGate payment processor. You agree to pay Us for the order placed by you on the Platform, in accordance with these Terms, using of the methods described. You hereby authorize the collection of such amounts by charging the Credit Card provided as part of requesting the booking via PayGate online payment processor. If you are directed to PayGate payment processor, you may be subject to Terms and Conditions governing use of PayGate Services and PayGate’s personal information collection practices. Please review PayGate Terms and Conditions and Privacy Policy before using the PayGate Services. Once your confirmed booking transaction is complete you will receive a confirmation email or SMS summarizing your confirmed booking.

 

  1. The final Tax bill will be issued by the Restaurant/Retail Stores to the Customer along with the order and Mzansi Food is merely collecting the payment on behalf of such Restaurant/Retail Stores. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by the Restaurant/Retail Stores. Mzansi Food holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Restaurant/Retail Stores.

 

  1. The prices reflected on the Platform, including packaging or handling charges, are determined solely by the Restaurant/Retail Stores and are listed based on Retail Stores’ information. Very rarely, prices may change at the time of placing order due to Retail Stores changing the menu price without due intimation and such change of price are at the sole discretion of the Retail Stores attributing to various factors beyond control.

 

  1. Disclaimer: Prices on any product(s) as is reflected on the Platform may be due to some technical issue, typographical error or product information supplied by Retail Stores be incorrectly reflected and in such an event Retail Stores may cancel such your order(s).

 

  1. The Retail Stores shall be solely responsible for any warrantee/guarantee of the food products sold to the Customers and in no event shall be the responsibility of Mzansi Food.

 

  1. The transaction is bilateral between the Retail Stores and Customer and therefore, Mzansi Food is not liable to charge or deposit any taxes applicable on such transaction.

 

  • Payment Terms for Third-Party Providers (Retail Stores and Delivery Partners)

 

  1. The fees which you pay Mzansi Food for the service are due immediately and are non-refundable (“Service Fee “). This no-refund Policy shall apply at all times regardless of your decision to terminate your access to the Application, our decision to terminate or suspend your access to the Application, disruption caused to the service whether planned, accidental or intentional, or any reason whatsoever.
  2. You acknowledge and confirm that Mzansi Food may administer and act as your collection agent to pay to you the total amount of user charges due to you in respect of your provision of the solution.
  3. Mzansi Food retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where you and/or the Customer have breached any of the Terms in this Agreement. In such an event, you shall not hold Mzansi Food liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment(s) to you.
  4. Mzansi Food may, at its sole discretion, make promotional offers with different features and different rates on the solutions to any of the users whereby these promotional offers shall accordingly be honored by you. Mzansi Food may change the Service Fee at any time at its sole discretion.
  5. Delivery Driver’s Trip Earnings:

Mzansi Food shall administer payments to you and from you by way of a wallet system (the “Driver’s Cash Balance “). Your earnings will be displayed in the Driver’s Trip Earnings in the Application and may be withdrawn by you to your designated Bank Account, or where available, to such other recipient Accounts as are made available in the Application. Mzansi Food reserves the right to make such deductions from the Driver’s Trip Earnings as are provided for in these Terms of Use, as are authorized by you, or as are notified to you via the Application.

  1. Driver’s Credit Balance:

As for Driver’s Cash Balance, you must also maintain with Mzansi Food a Driver’s Credit Balance. The Driver’s Credit Balance comprises a pre-payment to Mzansi Food by you of commissions and other fees and charges applicable under these Terms of Use. You must at all times maintain a minimum credit balance (“Minimum Balance”) in your Driver’s Credit Balance in order for you to use the service. The amount of such Minimum Balance shall be prescribed by Mzansi Food and shall be notified to you via the Application. It may be changed at any time at Mzansi Food’s sole discretion.

14.    Cancellations and Refunds Policy

You may cancel an order without charge at any time before the Restaurant Partner and/or Retail Store Partner has started preparing the food (“Preparation”). If you wish to cancel an order before it becomes a Preparation Order, please contact us immediately, via our Chat system or go to Orders, My Recent Orders and click Cancel Order, in this instances Order Status will be Pending. If the Restaurant Partner and/or Retail Store Partner confirms the order was not in a Preparation, we will Refund your payment in full (excluding any Discount, or Coupon that was applied to the order). If you cancel any order after it becomes a Preparation Order, you will be charged the full price for the Items, and if the Delivery Driver Partner has been collected your food from the Restaurant Partner and/or Retail Store Partner to you for delivery, you will also be charged for delivery fee if applicable. You will not be charged for any orders cancelled by us or the Restaurant Partner and/or Retail Store Partner. Mzansi Food and the Restaurant Partner and/or Retail Store Partner may notify you that an order has been cancelled at any time and we will reimburse you for any payment already made using the same method you used to pay for your order. We may also apply Credit to your account to reflect the inconvenience caused.

  • Cancellation
  1. Customer Cancellation
  2. You may cancel an order without charge at any time before the Restaurant Partner and/or Retail Store Partner has started preparing the food (“Preparation”). If you wish to cancel an order before it becomes a Preparation Order, please contact us immediately, via our Chat system or go to Mzansi Food App > Orders and click on Cancel Order.
  3. If the Restaurant Partner and/or Retail Store Partner confirms the order was not yet in Preparation, we will Refund you 100% payment (excluding any Discount, or Coupon that was applied to the order) or you may opt to get a coupon for the same amount of money for the order you made and make use of the coupon to purchase a product in future but only for the same Restaurant Partner/Retail Store Partner. Otherwise, we will have to refund you and you will pay cancellation fee.
  4. If you cancel any order after it becomes a Preparation Order, you will be charged the full price for the Items, and if the Delivery Driver Partner has been collected your food from the Restaurant Partner and/or Retail Store Partner to you for delivery, you will also be charged for delivery fee if applicable.
  • You acknowledge that your cancellation or attempted or purported cancellation of an Order shall amount to breach of your unconditional and irrevocable authorization in favor of Mzansi to place that Order against the Restaurant Partners/Store(s) on your behalf (“Authorization Breach“). In the event you commit an Authorization Breach, you shall be liable to pay the liquidated damages of an amount equivalent to the Order Value. You hereby authorize Mzansi to deduct or collect the amount payable as liquidated damages through such means as Mzansi may determine in its discretion, including without limitation, by deducting such amount from any payment made towards your next Order.
  • In the event you have provided incorrect information, e.g., contact number, delivery address etc., or that you were unresponsive, not reachable or unavailable for fulfillment of the Services offered to you, you will not be eligible for any Refunds.
  1. No replacement / Refund / or any other resolution will be provided without Restaurant Partner and/or Retail Store Partner’s
  2. Any complaint, with respect to the Order which shall include instances but not be limited to food spillage, foreign object in food, delivery of the wrong order or food and beverages or Products, poor food quality, you will be required to share the proof of the same before any resolution can be provided.
  3. You shall not be entitled to a Refund in case instructions placed along with the Order are not followed in the form and manner you had intended. Instructions are followed by the Restaurant Partner and/or Retail Store Partner on a best-efforts basis.
  • All Refunds shall be processed in the same manner as they are received, unless Refunds have been provided to you in the form of Credits, Refund amount will reflect in your account based on respective Banks Policies.
  1. Non-Customer Cancellation

Mzansi Food reserves the right to charge you a cancellation fee for the orders constrained to be cancelled by Mzansi Food for reasons not attributable to Mzansi Food, including but not limited to:

  1. in the event if the address provided by you is either wrong or falls outside the delivery zone.
  2. failure to contact you by phone, chat communication or email at the time of delivering the Order.
  • failure to deliver your Order due to lack of information, direction or authorization from you at the time of delivery; or
  1. unavailability of all the items ordered by you at the time of booking the Order; or
  2. unavailability of all the items ordered by you at the time of booking the Order. However, in the unlikely event of an item on your order being unavailable, Mzansi Food will contact you via email or on the phone number provided to us at the time of placing the Order and inform you of such unavailability. In such an event you will be entitled to cancel the entire Order and shall be entitled to a Refund to an amount up to 100% of the Order value.
  3. In case of cancellations for the reasons attributable to Mzansi Food or the Restaurant Partner and/or Retail Store Partner or Delivery Driver Partner, Mzansi Food shall not charge you any cancellation fee.
  4. Cancellation Policy for Restaurant Partner/Retail Store Partner

The Orders placed by the users using the Platform are non-cancellable and non-refundable except if Refund is requested under the following conditions:

  1. if the Order could not be delivered within the stipulated maximum time of delivery i.e., 2 hours.
  2. if the Restaurant Partner and/or Retail Store Partner cancels the Order due to reasons not attributable to user, including but not limited to the Restaurant Partner and/or Retail Store is closed, unavailability of items, cannot service online Orders at the moment, Restaurant and/or Retail Store is overcrowded, etc.
  • if Mzansi Food cancels the Order due to reasons not attributable to user, including but not limited to unavailability of Delivery Driver Partners, etc.
  1. Mzansi Food reserves the right to investigate the cancellation request of the user and determine if such cancelation request falls under the conditions mentioned above. If Mzansi Food is satisfied that the request satisfies any of the aforesaid conditions, Mzansi Food shall process the cancellation request and Refund the user.
  • Refunds

Timeline:  You may cancel your order before it gets delivered, but your eligibility for a refund depends on the status of the order. For orders that are not late:

 

Order Status Refund
Restaurant has not confirmed order and a Delivery Driver has not been assigned (Pending Order) Full Refund
Restaurant has confirmed order and a Delivery Driver has been assigned (Preparation Order) No Refund

 

  1. You may be entitled to a Refund for prepaid Order’s post deduction of cancellation fee as described above or in a manner as deemed fit by Mzansi Food in its sole discretion. You shall also be entitled to a Refund of certain percentage value in the event packaging of an item in an Order or the complete Order, is either tampered or damaged and you refuse to accept at the time of delivery.
  2. You may be entitled to a Refund up to 100% of the Order value if Delivery Driver Partner fails to deliver the Order to you due to a cause attributable to Mzansi Food, however such Refunds will be assessed on a case-to-case basis by Mzansi Food. Note: we do not penalize the Delivery Driver Partners for delay, caused due to external factors such as rain, etc.
  3. Our decision on Refunds shall be final and binding.
  4. All Refund amounts shall be credited to your account as may be stipulated as per the payment mechanism of your choice, the estimated timelines are detailed as below, in case you don’t choose to credit it to My Wallet with your Mzansi Platform.
  5. In case of payment at the time of delivery, you will not be required to pay for:
  6. Orders where packaging is either tampered or damaged at the time of delivery.
  7. wrong order being delivered; or
  • items missing from your Order at the time of delivery.

Provided the same is communicated to Mzansi Food Customer Care through the Platform before the Order is marked delivered.

 

 

When do I get my Refund?

  1. Restaurant Partners and/or Retail Store Partners can accept or reject the transaction based on their Terms and Conditions. Once the Restaurant Partner and/or Retail Store Partner processes the transaction, the amount will be immediately credited to your Account.
  2. Please allow Restaurant Partner and/or Retail Store Partner 7 business days to refund you the transaction. In the meantime, you can follow up with the merchant constantly to process your refund.

The Customer may be entitled to refund due to the aforesaid reasons up to 100% of the Order value depending upon the nature of issue. Mzansi reserves the right to consider the cancellation and refund request and determine if such cancellation and refund request satisfy any of the aforesaid conditions, in which case Mzansi shall process the cancellation request and refund to Customer.

 

Important Note 1: The Customer shall verify his/her Order and the products before providing OTP to the PDP and any issue with respect to the product or Customer’s Order shall be notified immediately, and cancellation request shall be placed before providing OTP to the PDP. Once OTP is provided to the PDP, it shall be deemed that the Customer has accepted delivery of his/her Order and once he/she has accepted delivery, the Customer cannot cancel the Order and/or claim refund.

 

Important Note 2: In case of the complaint of any spurious product, the liability shall solely lie with the Restaurant Partner/Retail Store selling the product. Mzansi is merely facilitating the transactions between the Restaurant Partner/Retail Store and the Customer and therefore, Mzansi shall assume no liability with respect to the products sold by the Restaurant Partner/Retail Store. Mzansi strictly discourages dealing of any spurious product on its Platform and shall reserve the right to report such incidents to the concerned authorities for appropriate legal actions.

 

 

15.    Use of Platform using Mobile devices

  • In the event the Platform is accessed on a Mobile device, it is not associated, affiliated, sponsored, endorsed or in any way linked to any Platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an ” Operator“).

 

  • Your download, installation, access to or use of the Platform is also bound by the terms and conditions of the Operator.

 

  • You and we acknowledge that these Terms of Use are concluded between you and us only, and not with an Operator, and we, not those Operators, are solely responsible for the Platform and the content thereof to the extent specified in these Terms of Use.

 

  • The license granted to you for the Platform is limited to a non-transferable license to use the Platform on a Mobile device that you own or control and as permitted by these Terms of Use.

 

  • We are solely responsible for providing any maintenance and support Services with respect to the Platform as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support Services with respect to the Platform.

 

  • You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any third party relating to the Platform or your possession and/or use of the Platform, including, but not limited to:
  1. any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and
  2. claims arising under consumer protection or similar legislation.
  • You and we acknowledge that, in the event of any Third-Party claim that the Platform or your possession and use of the Platform infringes that Third Party’s intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  • You must comply with any applicable Third-Party terms of agreement when using the Platform (e.g., you must ensure that your use of the Platform is not in violation of your Mobile device agreement or any wireless data service agreement).
  • You and we acknowledge and agree that the relevant Operator, and that Operator’s subsidiaries, are Third Party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a Third-Party beneficiary thereof.

 

16.    Intellectual Propriety Ownership

  • Mzansi Food and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the software and/or the Application and by extension, the service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the service and/or any solution.
  • The Terms of Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the service, the software and/or the Application, or any intellectual property rights owned by Mzansi Food and/or its licensors. Mzansi Food’s name, Mzansi Food’s logo, the service, the software and/or the Application and the Third-Party providers’ logos and the product names associated with the software and/or the Application are trademarks of Mzansi Food or Third Parties, and no right or license is granted to use them. For the avoidance of doubt, the terms the software and the Application herein shall include its respective components, processes and design in its entirety.
  • We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Platform, and in the material published on it.

 

  • You may print off one copy, and may download extracts, of any page(s) from the Platform for your personal reference and you may draw the attention of others within your organization to material available on the Platform.

 

  • You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

 

  • You must not use any part of the materials on the Platform for commercial purposes without obtaining a license to do so from us or our licensors.

 

  • If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

 

17.    Content

  • Ownership and Proprietary Rights of Mzansi Food

 

  1. We are the sole and exclusive copyright owners of the Services and Our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Services and Mzansi Food content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the Application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and others. You further acknowledge that the Services may contain information which is designated as confidential by Mzansi Food and that you shall not disclose such information without Mzansi Food’s prior written consent.

 

  1. You agree to protect Mzansi Food’s proprietary rights and the proprietary rights of all others having rights in the Services during and after the Terms of this agreement and to comply with all reasonable written requests made by us or our Suppliers and Licensors of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Services. You acknowledge and agree that Mzansi Food (or Mzansi Food’s licensors) own all legal right, title and interest in and to the Services, including any IP Rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated as confidential by Mzansi Food and that you shall not disclose such information without Mzansi Food’s prior written consent. Unless you have agreed otherwise in writing with Mzansi Food, nothing in the Terms gives you a right to use any of Mzansi Food’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

 

  1. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Mzansi Food; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, color, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available/possible remedies under applicable laws of the country of South Africa. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the Mzansi Food’s content in whole or in part except as expressly authorized by Mzansi Food.

 

  1. To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights.

 

  • Third Party content interaction and Links

 

  1. We cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

 

  1. You acknowledge that when you access a link that leaves the Platform, the site you will enter is not controlled by us and different Terms of Use and Privacy Policy may apply. By assessing links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links to and / or from Third-Party sites to the Platform, although we are under no obligation to do so.

 

  1. During use of the service, you may enter into correspondence or transactions with Third Parties who display or offer their goods and/or service through the Platform or Application. Any such communication or agreement is strictly between you and the applicable Third Party and Mzansi Food and its licensors shall have no liability or obligation for any such communication or agreement.
  2. Neither Mzansi Food nor any of its affiliate companies endorses any Applications or sites on the Internet that are linked through the Platform or Application, and in no event shall Mzansi Food, its licensors or its affiliate companies be responsible for any content, products, Services or other materials on or available from such sites or Third-Party providers.
  3. Certain Third-Party providers of goods and/or Services may require your agreement to additional or different Terms of Use and Privacy Policies prior to your use of or access to such goods or Services, and Mzansi Food is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the Third-Party Providers.
  4. You acknowledge that such additional or different Terms of Use and Privacy Policies may apply to your use of such Third-Party Services. Mzansi Food is not liable for any information that you provide to or authorize us to provide to a Third Party, or for such Third Party’s collection, use and disclosure of such information.
  5. Mzansi Food may rely on Third Party advertising and marketing supplied through the service and other mechanisms to subsidize the service and/or to earn additional revenue. If you do not wish to receive such advertising and marketing, please refer to our Privacy Policy for instructions to unsubscribe or update your Privacy settings.
  6. You agree and allow Mzansi Food to compile and release information regarding you and your use of the service on an anonymous basis as part of a Customer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any Third Party you interact with through the service and/or advertising or marketing material supplied by Third Parties through the Service.
  7. We may include hyperlinks to other Websites or content on the Internet that are owned or operated by Third Parties (“Third Party Links “). Such Third-Party Links are not under our control and We are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the content, or the consequences of accessing, any linked Website. Any hyperlinks to any other Websites or content are not an endorsement or verification of such Websites or content and you agree that your access to or use of such linked Websites or content is entirely at your own risk.
  8. You acknowledge that the Application utilizes and modifies search results from Google Maps Services and content, and that by using the Application, you agree to comply with
  • the Google Maps/ Google Earth Additional Terms of Services at https://maps.google.com/help/terms_maps.html;
  • the Google Privacy Policy at https://www.google.com/policies/privacy/; and
  • the Google Acceptable Use Policy at https://cloud.google.com/maps-Platform/terms/aup/. You further agree that when using the Application, you shall not:
  • copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble or otherwise attempt to extract any of the source code of Google Maps.
  • sublicense, transfer or distribute Google Maps.
  • sell, resell or otherwise make Google Map available to a third party as part of a commercial offering that does not have material value independent of Google Maps; or
  • access or use Google Maps in a manner that is illegal, or which is likely to result in a circumvention of any fees payable to Google.

 

  1. Some of the content available through the Services may include or link to materials that belong to Third Parties, such as Third-Party reservation Services or online food delivery/ordering. Please note that your use of such Third-Party Services will be governed by the Terms of Use and Privacy Policy applicable to the corresponding Third Party. We may obtain business addresses, phone numbers, and other contact information from Third Party vendors who obtain their data from public sources.

 

  1. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, Services, advertisements and other content appearing in or linked to from the Services. We do not screen or investigate Third Party material before or after including it on our Services.

 

  1. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Services. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Services, but shall not be liable for any delay or inaccuracies related to such updates. You acknowledge and agree that Mzansi Food is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such Websites or resources.

 

  1. Third party content, including content posted by our users, does not reflect our views or that of our parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders. In addition, none of the content available through the Services is endorsed or certified by the providers or licensors of such Third-Party content. We assume no responsibility or liability for any of your content or any Third-Party content.

 

  1. You further acknowledge and agree that Mzansi Food is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such Websites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by Third Parties.

 

  • Your License to Mzansi Food Content

 

  1. We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through the Services solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of Mzansi Food content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Services, Mzansi Food content or our IP Rights.

 

  1. Any violation by you of the license provisions contained in this section may result in the immediate termination of your right to use the Services, as well as potential liability for copyright and other IP Rights infringement depending on the circumstances.

 

  • Mzansi Food License to Your or User Content

 

By submitting your content you hereby irrevocably grant Mzansi Food a perpetual, irrevocable, world-wide, non-exclusive, fully paid and royalty-free, assignable, sub-licensable and transferable license and right to use your content (including content shared by any business user having access to a ‘restaurant business page’ to manage claimed business listings or otherwise) and all IP Rights therein for any purpose including API partnerships with Third Parties and in any media existing now or in future. By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyze, promote, commercialize, create derivative works, and in the case of Third-Party Services, allow their Users and others to do the same. You grant us the right to use the name or Username that you submit in connection with your content. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to your content brought against Mzansi Food or its users, any Third-Party Services and their users.

  • Representations Regarding Your or User Content

 

  1. You are responsible for your content. You represent and warrant that you are the sole author of, own, or otherwise control all of the rights of your content or have been granted explicit permission from the rights holder to submit your content; Your content was not copied from or based in whole or in part on any other content, work, or Website; Your content was not submitted via the use of any automated process such as a script bot; use of your content by us, Third Party Services, and our and any Third Party users will not violate or infringe any rights of yours or any Third Party; your content is truthful and accurate; and your content does not violate the Guidelines and Policiesor any applicable laws.
  2. If your content is a review, you represent and warrant that you are the sole author of that review; the review reflects an actual dining experience that you had or online food ordering experience you had; you were not paid or otherwise remunerated in connection with your authoring or posting of the review; and you had no financial, competitive, or other personal incentive to author or post a review that was not a fair expression of your honest opinion.
  3. You assume all risks associated with your content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your content that makes you personally identifiable. While we reserve the right to remove content, we do not control actions or content posted by our users and do not guarantee the accuracy, integrity or quality of any content. You acknowledge and agree that content posted by users and any and all liability arising from such content is the sole responsibility of the user who posted the content, and not Mzansi Food.

 

  • Content Removal

 

We reserve the right, at any time and without prior notice, to remove, block, or disable access to any content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our users in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of your content to you under any circumstances. Further, the Restaurant reserves the right to delete any images and pictures forming part of User Content, from such Restaurant’s listing page at its sole discretion.

  • Content Guidelines

 

You represent that you have read, understood and agreed to our Guidelines and Polices related to content.

 

  • Privacy Policy

 

  1. You represent that you have read understood and agreed to our Privacy Policy. Please note that we may disclose information about you to Third Parties or Government Authorities if We believe that such a disclosure is reasonably necessary to
  2. take action regarding suspected illegal activities.
  3. enforce or apply our Terms and Privacy Policy.
  • comply with legal process or other Government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process/notice served on us; or
  1. protect our rights, reputation, and property, or that of our users, affiliates, or the general public.
  2. Mzansi Food collects and processes your Personal Data in accordance with its Privacy Policy. The Privacy Policy applies to all of Mzansi Food’s Services and its Terms are made a part of this Agreement by this reference.
  3. Where applicable, you agree and consent to Mzansi Food, its subsidiaries and any of its affiliate companies collecting, using, processing and disclosing Personal Data as further described in our Privacy Policy.
  4. You acknowledge that Mzansi Food may disclose Personal Data of other individuals to you in the course of your use of Mzansi Food’s Services. You represent and warrant that you will only use such Personal Data for the purpose for which it was disclosed to you by Mzansi Food, and not for any other unauthorized purposes.
  • Restrictions on use

 

  • Without limiting the generality of these Terms, in using the Services, you specifically agree not to post or transmit any content (including review) or engage in any activity that, in our sole discretion:
  1. violate our Guidelines and Polices.
  2. is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable, invasive of another’s privacy, relating or encouraging money laundering or gambling.
  3. constitutes an inauthentic or knowingly erroneous review, or does not address the goods and Services, atmosphere, or other attributes of the business you are reviewing.
  4. contains material that violates the standards of good taste or the standards of the Services.
  5. violates any Third-Party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights.
  6. accuses others of illegal activity or describes physical confrontations.
  7. alleges any matter related to health code violations requiring healthcare department reporting.
  8. is illegal, or violates any National, Provincial, or Local law or regulation (for example, by disclosing or trading on inside information in violation of securities law);
  9. attempts to impersonate another person or entity.
  10. disguises or attempts to disguise the origin of your content, including but not limited to by:
  • submitting your content under a false name or false pretenses; or
  • disguising or attempting to disguise the IP address from which your content is submitted.
  1. constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest.
  2. is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, postings or reviews submitted or removed in exchange for payment, postings or reviews submitted or removed by or at the request of the business being reviewed, or other advertising materials.
  3. asserts or implies that your content is in any way sponsored or endorsed by us.
  4. contains material that is not in English or, in the case of products or Services provided in foreign languages, the language relevant to such products or Services.
  5. falsely states, misrepresents, or conceals your affiliation with another person or entity.
  6. accesses or uses the Account of another user without permission.
  7. distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment.
  8. interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services.
  9. “hacks” or accesses without permission our proprietary or confidential records, records of another user, or those of anyone else.
  10. violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);
  11. decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from the Services.
  12. removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the Services.
  13. violates the restrictions in any robot exclusion headers on the Services, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Services.
  14. collects, accesses, or stores personal information about other users of the Services or is posted by a bot or harms minors in any way.
  15. threatens the unity, integrity, defense, security or sovereignty of South Africa or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
  16. Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercialize any rights to the Services or our content or attempts to do any of the foregoing.

17.8.2 You acknowledge that Mzansi Food has no obligation to monitor your – or anyone else’s – access to or use of the Services for violations of the Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and Customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body.

17.8.3 You hereby agree and assure Mzansi Food that the Mzansi Food Platform/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable local Government or international law(s). You shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation, encumber or suffer to exist any lien or security interest on the subject matter of these Terms or to make any representation or warranty on behalf of Mzansi Food in any form or manner whatsoever.

17.8.4 Any content uploaded by you, shall be subject to relevant laws of South Africa and of the country of use and may be disabled, or and may be subject to investigation under applicable laws. Further, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Mzansi Food Platform, Mzansi Food shall have the right to immediately block your access and usage of the Mzansi Food Platform and Mzansi Food shall have the right to remove any non-compliant content and or comment forthwith, uploaded by you and shall further have the right to take appropriate recourse to such remedies as would be available to it under various statutes.

 

18.    Reviews and/or Comments

User Reviews and/or Comments for Restaurant Partners and/or Retail Store Partners and Delivery Driver Partners do not reflect the opinion of Mzansi Food. Mzansi Food receives multiple Reviews and/or Comments for Restaurant Partners and/or Retail Store Partners and Delivery Driver Partners by users, which reflect the opinions of the users. It is pertinent to state that every Review and/or Comment posted on Mzansi Food is the personal opinion of the User/Reviewer only. Mzansi Food is a neutral Platform, which solely provides a means of communication between Users/Customers including Restaurant Owners/Representatives with access to Restaurant Business page. The advertisements published on the Mzansi Food Platform are independent of the reviews received by such Advertisers.

We are a neutral Platform, and we don’t arbitrate disputes, however in case if someone writes a review that the Restaurant Partner and/or Retail Store Partner or Delivery Driver Partner does not consider to be true, the best option for the Restaurant/Retail Store/Driver Representative would be to contact the Reviewer or post a public response in order to clear up any misunderstandings. If the Restaurant/Retail Store/Driver Representative believes that any particular user’s review violates any of the Mzansi Food’s Policies, the Restaurant/Retail Store/Driver Representative may write to us at comments@mzansifood.com and bring such violation to our attention. Mzansi Food may remove the review in its sole discretion if review is in violation of the Terms, or content guidelines and Policies or otherwise harmful to the Services.

 

19.    Feedback by Users

If you share or send any ideas, suggestions, changes or documents regarding Mzansi Food’s existing business (“Feedback”), you agree that:

  1. Your Feedback does not contain the confidential, secretive or proprietary information of Third Parties,
  2. Mzansi Food is under no obligation of confidentiality with respect to such Feedback, and shall be free to use the Feedback on an unrestricted basis
  3. Mzansi Food may have already received similar Feedback from some other user or it may be under consideration or in development, and
  4. By providing the Feedback, you grant us a binding, non-exclusive, royalty-free, perpetual, global license to use, modify, develop, publish, distribute and sublicense the Feedback, and you irrevocably waive, against Mzansi Food and its users any claims/assertions, whatsoever of any nature, with regard to such Feedback.

 

Please provide only specific Feedback on Mzansi Food’s existing products or marketing strategies; do not include any ideas that Mzansi Food’s Policy will not permit it to accept or consider. Notwithstanding the abovementioned clause, Mzansi Food or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Submissions”) in any form to Mzansi Food or any of its employees. The purpose of this policy is to avoid potential misunderstandings or disputes when Mzansi Food’s products or marketing strategies might seem like ideas submitted to Mzansi Food. If, despite our request to not send us your ideas, you still submit them, then regardless of what your letter says, the following Terms shall apply to your Submissions.

 

20.    Advertising Terms

Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by Mzansi Food on the Services are subject to change without specific notice to you. In consideration for Mzansi Food granting you access to and use of the Services, you agree that Mzansi Food may place such advertising on the Services.

 

Part of the site may contain advertising information or promotional material, or other material submitted to Mzansi Food by Third-Parties or users. Responsibility for ensuring that material submitted for inclusion on the Mzansi Food Platform or Mobile Apps complies with applicable International and National law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, Advertisers other than Mzansi Food found on or through the Mzansi Food Platform and or Mobile Apps, including payment and delivery of related goods or Services, and any other Terms, Conditions, warranties or representations associated with such dealings, shall be solely between you and such Advertiser. Mzansi Food will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other Advertiser(s) on the Mzansi Food Platform.

 

For any information related to a charitable campaign (“Charitable Campaign”) sent to users and/or displayed on the Mzansi Food Platform where users have an option to donate money by way of:

 

  1. payment on a Third-Party Website; or
  2. depositing funds to a Third-Party bank Account, Mzansi Food is not involved in any manner in the collection or utilization of funds collected pursuant to the Charitable Campaign. Mzansi Food does not accept any responsibility or liability for the accuracy, completeness, legality or reliability of any information related to the Charitable Campaign. Unless Mzansi Food runs a charitable campaign therefore, we will accept any responsibility or liability for the accuracy, completeness, legality or reliability of any information related to the Charitable Campaign. Information related to the Charitable Campaign is displayed for informational purposes only and users are advised to do an independent verification before taking any action in this regard.

 

21.    Disclaimer of warranties, limitation of liability, and Indemnification

Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MZANSI FOOD, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BRANCHES, SUBSIDIARIES, AND LICENSORS (“MZANSI FOOD PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES INCLUDING MOBILE APPS AND YOUR USE OF THEM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MZANSI FOOD PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE SERVICES HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT AND ASSUME NO RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY, (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE MZANSI FOOD PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MZANSI FOOD OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING BY MZANSI FOOD, YOU AGREE THAT IN USING THE SERVICES, YOU WILL NOT USE ANY TRADEMARK, SERVICE MARK, TRADE NAME, LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY OR INTENDED TO CAUSE CONFUSION ABOUT THE OWNER OR AUTHORIZED USER OF SUCH MARKS, NAMES OR LOGOS.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MZANSI FOOD PARTIES BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND/OR (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES INCLUDING MOBILE APP, AND/OR (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, AND/OR (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE MZANSI FOOD PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VIII) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OR OUR PRIVACY POLICY, AND/OR (IX) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, AND/OR (X) LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES, AND/OR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND MZANSI FOOD’S REASONABLE CONTROL. IN NO EVENT SHALL THE MZANSI FOOD PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.

TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW AND WITHOUT PREJUDICE TO THE OTHER PROVISION OF THESE TERMS OF USE, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OF USE, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE LOWEST OF (i) ONE HUNDRED SINGAPORE DOLLARS (SGD $100.00), (ii) THE VALUE OF THE SUBJECT MATTER IN QUESTION; OR (iii) THE AMOUNT YOU PAID US TO USE OR ACCESS THE APPLICATION OR ANY OF ITS FEATURES OR FUNCTIONALITY IN THE PAST 12 MONTHS (IF ANY).

Indemnification

You agree to indemnify, defend, and hold harmless the Mzansi Food Parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) Your Content, (ii) your unauthorized use of the Services, or products or Services included or advertised in the Services; (iii) your access to and use of the Services; (iv) your violation of any rights of another party; or (v) your breach of these Terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which We are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

By agreeing to the Terms of Use upon using the service, you agree that you shall indemnify and hold Mzansi Food, its licensors and each such party’s affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Platform, software and/or the Application in your dealings with the Third Party Providers or users (as the case may be), third party Retail Stores, providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use, any third party terms and conditions or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including Third Party Providers or users arranged via the service, or (d) your use or misuse of the service, the Platform, software and/or the Application; and (e) where applicable your ownership, use or operation of any Vehicle, including your provision of Solutions to users via the Service where applicable.

22.    Force Majeure

None of the Mzansi Food Parties are or will be liable for any losses caused directly or indirectly as a result of causes or events beyond the control of Mzansi Food, including natural disasters, acts of God, war, terrorism actions or decrees of Governmental Bodies, exchange or market rulings, failure of the Internet, communication lines or utility systems, equipment and systems failures, unauthorized access, and theft (each, a “Force Majeure Event”). All of the obligations of Mzansi Food Parties with respect to the effected elements under these Terms of Use will be suspended for the duration of such Force Majeure Event.

 

23.    Coupons and Account Credit Terms

Mzansi Food makes available from time to time:

  1. Couponsare promotional credits that may be offered by us or our Restaurant Partner and/or Retail Store Partner on our Platform.
  2. Account Credit is credit that may be applied to a Customer’s Account at Mzansi Food ’s discretion). Coupons and Account Credits both operate as credits applying to a Mzansi Food Customer’s Account, redeemable (subject to Terms, as set out below) against the cost of Items. Coupons and Account Credits are referred to collectively in these terms (the Credit Terms) as Credits. These Credit Terms apply to your use of any Credits to pay for Items using the Mzansi Food Service. These Credit Terms apply together with the Mzansi Food Terms of Use, which continue to apply unless they conflict with these Credit Terms, in which case these Credit Terms have priority. You can “apply” a Coupon to your account by (i) entering the Coupons code (if any) at the point you place an order, or (ii) by adding any reward that we make available to you in the “Your discounts and offers” section of your account page. Unless otherwise stated, a Coupon that has been applied to your account will remain there until it is “redeemed” against an eligible order or expires (whichever is sooner).  Account Credits are Credits that we apply to your account ourselves. In either case, once any Credit has been applied to your account, the amount of the Credit remains on your account until redeemed as payment for Items, unless it is lost, or, in the case of Coupons, it expires in accordance with the terms of that Coupon. The reasons why Credits may be lost, or Coupons may expire are set out in these Credit Terms.

 

Terms that apply to Coupons only

Coupons are usually offered subject to Terms, such as time limits, geographic limits, limits to categories of Customer (e.g., new Customers), or use only at a particular Restaurant Partner and/or Retail Store Partner or for a particular menu item. If Terms apply, they will be stated when we offer the Coupon.

Some Coupons are only available to new Mzansi Food Customers (“New Customer Coupons “). That means that the Coupon is applied (subject to any other applicable Terms) automatically when the Customer registers a new Mzansi Food Account and will be redeemed when the Customer places their first eligible order. Mzansi Food reserves the right to refuse to apply and/or allow you to redeem a new Customer Coupon if you are registering a new account using credit card details or a delivery name and address already on our system.

Use of a Coupon in payment or part-payment may also be subject to specific Terms applicable to that Coupon only, such as a specific minimum order value or that the Coupon may only be redeemed at specific Restaurant Partners and/or Retail Store Partners or on specific Items. If the order placed does not comply with the applicable Terms, the Credit may not be redeemed against that order. The payment page on our Site where you confirm your order for Items will show the total order value and the applicable Coupon, if any. If there is a Coupon credit on your Account which does not apply to your order, it will not appear on the payment page. At that point you will have the choice of paying in another way or cancelling the order.

Unless we tell you otherwise, all Coupons must be redeemed within one calendar month of the date they are applied.

Only one Coupon can be redeemed per order. Each Coupon can only be used once per Customer.  If you have more than one eligible Coupon applied to your Account when you place an order, the Coupons are redeemed in order of expiry date, with the Coupon expiring the earliest redeemed first.

Coupons cannot be redeemed in conjunction with any other Mzansi Food offer.

If you cancel an order made using a Coupon, the Coupon credit will not be restored to the Account and the Coupon cannot be re-used. If the Coupon was a New Customer Coupon, you will no longer be a new Customer and will not be eligible for any subsequent new Customer Coupons.

Terms that apply to Coupons and Account Credit

Item orders are generally subject to minimum order values, which continue to apply regardless of whether payment or part-payment is by way of a Credit.

Credits cannot be exchanged for cash or any other alternatives and have no monetary value.

Any attempt to manipulate our Site and our offers of Credits by use of bulk entry via Third-Parties or syndicates, macros, ‘script’, ‘brute force’, masking identity by manipulating IP addresses, using identities other than their own or any other automated means (including systems which can be programmed to enter), will render the order and the relevant Credit invalid. Mzansi Food is entitled to take all reasonable steps to protect itself against fraudulent or invalid Credit redemptions, including requiring additional reasonable verification close the Accounts of any Customers it reasonably believes have carried out any such acts.

24.    Governing and dispute Resolutions

These Terms of Use are governed by the laws of South Africa. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts law South Africa.

25.    Consumer Complaints

Mzansi Food is always trying to ensure that the service we offer is of good quality and satisfaction. Kindly inform us by phone or email us should you have any problem with regards to your product received and/or service rendered from Mzansi Food, Restaurant Partners and or/ Retail Store Partners and/or the Delivery Service Providers. We will friendly resolve the matter as soon as possible. Email us at complaints@mzansifood.com

26.    General

  1. No Joint Venture or Partnership. No joint venture, Partnership, Employment, or Agency relationship exists between you, Mzansi Food or any Third-Party Provider as a result of this Agreement or use of the Platform, Software or Services.

 

  1. Except as otherwise provided in this Agreement, if any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

 

 

  1. Where Mzansi Food requires that you provide an e-mail address, you are responsible for providing Mzansi Food with your most current e-mail address. If the last e-mail address you provided to Mzansi Food is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, Mzansi Food’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Mzansi Food through the following email: Food.com/consumers/s/contact support. Such notice shall be deemed given on the next business day after such e-mail is received by Mzansi Food.

 

  1. Electronic Communications. For contractual purposes, you (1) consent to receive communications from Mzansi Food in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Mzansi Food provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. You agree to keep your contact information, including email address, current. This subparagraph does not affect your statutory rights.

 

 

  1. Transfer and Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Mzansi Food without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. This Agreement binds and inures to the benefit of each party and the party’s successors and permitted assigns.

 

  1. Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. However, nothing in this Agreement shall supersede, amend, or modify the terms of any separate agreement(s) between you and Mzansi Food relating to your work as an employee or independent contractor, including, without limitation, any Independent Contractor Agreement governing your efforts as a Contractor.

27.    Contact Information

If you have questions about this Terms of Use or wish to contact us regarding our terms, We can be reached via any of the following:

Contact: terms@mzansifood.com

Tel No. (012) 743 5004

WhatsApp:0713893258

Thank you for reading our Terms of Use. We hope you enjoy Mzansi Food.

Effective: January 1, 2020