Terms and Conditions for ekasi Delivered

1. Acceptance of Terms

By accessing and using the [Your Company Name] website and WhatsApp ordering service, or any other digital platform (collectively referred to as “the Services”), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you must immediately cease using our Services. These terms constitute a legally binding agreement between you and [Your Company Name] (Registration Number: [Insert Company Registration Number]) governed by the laws of South Africa.

We reserve the right to modify these terms at any time, and such modifications will be effective immediately upon posting. Your continued use of the Services following any modifications constitutes your acceptance of the revised terms. It is your responsibility to review these terms regularly for any changes.

2. Services Description

[Your Company Name] operates as a food delivery service that enables customers to:

Browse our menu of food items and beverages
Place orders for food preparation and delivery
Track order status and receive delivery updates
Create and manage user accounts for faster ordering
Access customer support and resolve queries

We make every effort to display our products and services as accurately as possible, including product descriptions, pricing, and availability. However, we do not warrant that the descriptions, photographs, or other content are entirely accurate, complete, reliable, current, or error-free.

3. User Accounts and Registration

3.1 Account Creation

To access certain features of our Services, you may be required to register for an account. During registration, you agree to provide accurate, current, and complete information as prompted, including:

Full name and contact details
Valid mobile number (WhatsApp compatible)
Delivery address(es)

Any other information required for service provision

3.2 Account Security

You are responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Immediately notifying us of any unauthorized use of your account
Ensuring that you properly log out after each session

We reserve the right to suspend or terminate accounts that provide false, inaccurate, or incomplete information, or that are used for any fraudulent or illegal purpose.

4. Ordering and Payment

4.1 Order Process

The ordering process consists of the following steps:

Selection: Choose your desired items from our menu
Cart Review: Verify your selections, quantities, and special instructions
Delivery Details: Provide accurate delivery address and contact information
Payment: Select payment method and provide necessary details
Confirmation: Review and confirm your order before final submission

4.2 Payment Terms

We accept the following payment methods:

Electronic funds transfer (EFT)
Cash on delivery (where available)
Other approved electronic payment methods

All prices are quoted in South African Rand (ZAR) and include Value-Added Tax (VAT) where applicable. We reserve the right to modify prices at any time without prior notice, though such changes will not affect confirmed orders.

4.3 Order Acceptance

Order confirmation via WhatsApp, email, or in-app notification constitutes our acceptance of your order and the formation of a contract between you and [Your Company Name]. We reserve the right to refuse or cancel any order at our discretion, including in cases of:

Suspected fraudulent activity
Unavailability of products
Pricing errors
Incomplete or inaccurate delivery information

5. Delivery Terms

5.1 Delivery Areas and Times

We currently deliver to the following areas: [Specify delivery areas]. Delivery times are estimates only and may be affected by factors beyond our control, including:

Traffic conditions
Weather circumstances
Order volume
Accuracy of delivery information provided

5.2 Delivery Instructions

You are responsible for:

Providing accurate and complete delivery addresses
Ensuring someone is available to receive the order at the designated location
Providing specific delivery instructions if necessary
Informing us of any access restrictions or security requirements

If delivery cannot be completed due to inaccurate information or no one being available to receive the order, additional charges may apply for re-delivery attempts.

5.3 Delivery Pricing

We strive to give you the best and affordable delivery prices. We based our delivery prices on the distance of the selected restaurant and your delivery location.

Distance ( in Kilometers)	Pricing
0 – 0.5	Free
0.5 – 1	R10
1 – 2	R12
2 – 3	R15
3 – 4	R20
4 – 5	R25
5 – 6	R30
6 >	R40

6 User Conduct and Responsibilities

6.1 Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these terms. You undertake not to:

Use the Services in any way that violates any applicable South African law or regulation
Engage in any conduct that restricts or inhibits anyone’s use of the Services
Attempt to interfere with the proper functioning of the Services
Use any robot, spider, or other automatic device to access the Services
Provide false, misleading, or inaccurate information

6.2 Prohibited Activities

Specifically, you agree not to:

Place fraudulent orders or use stolen payment information
Harass, threaten, or abuse our staff or delivery personnel
Use the Services to distribute harmful or illegal content
Reverse engineer, decompile, or disassemble any aspect of the Services
Circumvent any security measures we implement

7 Intellectual Property Rights

7.1 Ownership

All content included in or made available through our Services, including:

Text, graphics, logos, and images
Menu designs and item descriptions
Software and application code
Compilations of data and information

remains the exclusive property of [Your Company Name] or our licensors and is protected by South African and international copyright and trademark laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our Services for personal, non-commercial purposes. This license does not include:

Any resale or commercial use of our Services or content
Collection and use of any product listings or descriptions
Derivative use of our Services or content
Downloading or copying account information for the benefit of another merchant

8. Limitation of Liability

8.1 Consumer Protection Act Compliance

Our liability is governed by the Consumer Protection Act 68 of 2008 (CPA). To the extent permitted by law, our total liability to you for any claim arising out of or relating to the use of our Services shall not exceed the total amount you paid for the specific order giving rise to such claim.

8.2 Specific Limitations

We shall not be liable for:

Any indirect, incidental, special, or consequential damages
Loss of profits, data, or business opportunities
Delays or failures in delivery due to circumstances beyond our reasonable control
Any dissatisfaction with food quality that is reported after consumption
Allergic reactions or health issues where specific allergens were not disclosed to us

9. Privacy and Data Protection

9.1 POPIA Compliance

We comply with the Protection of Personal Information Act 4 of 2013 (POPIA) in the collection, processing, and storage of your personal information. Our Privacy Policy (provided separately) forms an integral part of these Terms and Conditions.

9.2 Data Processing Consent

By using our Services, you consent to:

The collection of your personal information as described in our Privacy Policy
The processing of your information for order fulfillment and service improvement
Receiving service-related communications via WhatsApp, SMS, or email

10. Termination and Suspension

10.1 By User

You may terminate your account at any time by contacting us at [customer service email] or through your account settings. Termination will be effective upon processing of your request.

10.2 By Company

We may suspend or terminate your access to the Services immediately without prior notice if:

You breach any material provision of these terms
We suspect fraudulent or illegal activity
Required to do so by law or regulatory authority
We discontinue the Services entirely

11. Dispute Resolution

11.1 Informal Resolution

We aim to resolve any disputes amicably and efficiently. Please contact our customer service team first with any complaints or disputes at [customer service contact information].

11.2 Formal Proceedings

If a dispute cannot be resolved informally, either party may pursue formal proceedings in accordance with South African law. The parties consent to the jurisdiction of the South African courts.

12. General Provisions

12.1 Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any other legal notices published by us, constitute the entire agreement between you and [Your Company Name] regarding the Services.

12.2 Severability

If any provision of these terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

12.3 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, government restrictions, strikes, wars, pandemics, or severe weather conditions.

12.4 Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of South Africa, and you submit to the non-exclusive jurisdiction of the South African courts.

13. Contact Information

For questions about these Terms and Conditions or our Services, please contact us at:

Company Name: [Your Company Name]
Registration Number: [Insert Company Registration Number]
Physical Address: [Insert Physical Address]
Email: [terms-email@yourcompany.com]
Telephone: [Customer Service Phone Number]

Business Hours: Monday – Friday, 8:00 AM – 6:00 PM; Saturday, 9:00 AM – 2:00 PM

*Effective Date: [Date]*

*Last Updated: [Date]*