© 2019 MyFoodness (PTY) LTD.

Gaborone, Botswana.

Restaurant Terms and Conditions

  1. myfoodness.co.bw is an online ordering platform (“the Platform”) and is operated by MyFoodness (PTY) LTD., based in Gaborone, Botswana and registered with the Companies and Intellectual Property Authority (CIPA) of Botswana under registration number CO2017/22649.

  2. These Terms and Conditions apply to all partner agreements between MyFoodness and a Restaurant/Merchant partner (“the Partner” “Restaurant Partner”).

  3. MyFoodness, through the Platform, gives the Restaurant Partner the opportunity to offer its products, including food and beverages (‘the Goods’), to customers who can order these Goods from the Partner on the platform. MyFoodness acts as an intermediary. The agreement on the order of the Goods is made exclusively between the Restaurant Partner and the Customer.

  4. The Partner makes all necessary information available to MyFoodness for the implementation of the Partner Agreement (“the Data”). The details include: company name, logo, location, banking details, telephone number (s), email address, opening hours, menu card (s), packages, price lists, ingredients, descriptions, allergy information and all Product information that must be stated in accordance with laws and regulations. Discrepancies between the information provided and reality are entirely under the responsibility of the Partner.

  5. The Partner ensures that the information provided is complete, current and non-misleading and does not infringe third party rights. Changes to the data should be communicated to MyFoodness by email as soon as possible.

  6. MyFoodness reserves the right to disclose Data if it considers this to be in conflict with the interests of MyFoodness. All this is discretionary of MyFoodness.

  7. Handling of complaints from customers is reserved for MyFoodness. Partner is not allowed to make any promises to customers regarding the MyFoodness service or activity.

  8. The MyFoodness Platform will immediately send the orders to the Partner via the installed software/App. The Partner ensures that the order is properly packed and ready for Pick Up or Delivery at the software’s specified time. Partners can choose to offer ‘Pick Up only”, ‘Delivery Only’ or both Pick Up and Delivery. The customers will always choose which service they prefer.

  9. MyFoodness’s claim on commission remains unaffected if the order is cancelled by the customer for reasons of delay or bad service by the Partner.

  10. The Partner ensures that the goods are of high quality and prepared with care.

  11. Partner will refrain from promoting its own delivery service through MyFoodness service such as providing flyers or distributing materials from competitors through the MyFoodness service (including bags and flyers).

  12. MyFoodness may, among other things, adjust its remuneration / commission due to increased material or distribution costs, or due to taxes or similar factors and / or due to a substantial improvement or expansion of the service. MyFoodness will inform the partner in writing two months before the entry into force of the adjustment.

  13. The Partner will ensure that all technical facilities such as the internet, telephone, smartphone or tablet, and laptop in their area of ​​influence, are ready and up to date, in such a way that they can receive information from MyFoodness free of malfunction. In instances where the Partner does not have a Table, MyFoodness may lend one to said Partner, however, this remains the property of MyFoodness. The Partner ensures that they are available by telephone during opening hours.

  14. MyFoodness reserves the right to modify the Data graphically if it considers this necessary for publication on the Platform or for marketing activities. Partner’s brand guidelines will always be consulted in such cases.

  15. On the Platform, online payment options are made available to the customer. For these online payments, MyFoodness acts as representative of the Partner and accepts the customer's payment for the particular order and pays it to the Partner under the agreed arrangements.

  16. The Partner is at risk of abuse of the online payment method, for example by credit card fraud. If and to the extent that MyFoodness suffers damage, the Partner will compensate the damage.

  17. Under the Partner Agreement, the Partner receives the necessary software/App to communicate and manage orders. The Partner will ensure that the software/App is turned on during Partner's opening hours and ready for use. In case of a malfunction of the Partner’s Tablet, Smartphone or Laptop, which would disrupt the Partner from receiving orders in real-time, the Partner will report this to MyFoodness immediately so that their Store could be temporarily disabled from receiving orders on the MyFoodness platform. The Partner provides MyFoodness access to all sites and grants full cooperation to resolve the malfunction. The Partner will never copy, modify, update, or try to copy the source code of MyFoodness’s software. If the Partner brings the software/app into the hands of a third party, MyFoodness reserves the right to recover its Software.

  18. The Partner will grant MyFoodness access at any time, and without prior notice to the restaurant (s)/Store(s) in order to allow MyFoodness to see if the Partner complies with the terms of the agreement.

  19. Immediately after termination of the Partner Agreement, the Partner grants MyFoodness access to remove its menu on the MyFoodness platform.

  20. MyFoodness is authorised to terminate the Partner Agreement immediately, in case:

  • Of Non-timely or inadequate compliance by the Partner with any obligation contained in the Partner Agreement;

  • Of declaration of, request for, or bankruptcy or application for obtaining, or granting a delay of payment by the Partner;

  • The Partner is in violation of the applicable laws and regulations;

  • The Partner is subject to a criminal, fiscal or any other investigation by the authorities, and;

  • Loss of legal personality, dissolution, liquidation, or actual liquidation of the Partner whereby the Partner's business actually ends.

  • Termination of the Partner Agreement shall at all times be by means of a written notice to the other party.