© 2019 MyFoodness (PTY) LTD.

Gaborone, Botswana.

Terms and Conditions

Please read these Terms and Conditions carefully before you place an order on myfoodness.co.bw or the App myfoodness. By placing an order via this App/Website, you accept that these Terms and Conditions are binding to you.

·        Section 1: Introduction

We are myfoodness.co.bw ("our site", “our App”), operating under Myfoodness (PTY) LTD in Botswana. Myfoodness (PTY) LTD is an independent entity registered with the Companies and Intellectual Property Authority (CIPA) of Botswana under registration number CO2017/22649.

·        Section 2: Definitions

2.1. "Terms and Conditions", refers to these Terms and Conditions, Privacy Policy and any other instructions you have received.

2.2. "Privacy" refers to our policy regarding the collection, use and storage of your personal data.

2.3. "You", "your" and "you" refer to you, the person who enters this Website or our App and places an order through this Website, App or any other channel provided by Myfoodness for food ordering.

2.4. "We", "us" and " Myfoodness" refers to the business operated by Myfoodness (PTY) LTD on our site, App or any other channel provided by Myfoodness.

2.5. "Goods" is a reference to the products we offer on our App, Website and any other channels.

2.6. "Services" is a reference to the services we offer through our App, Website and any other channels.

2.7. "Participating Restaurant" “Restaurant Partner” “Merchant Partner” “Restaurant” is a third party who has agreed to cooperate with Myfoodness to provide Goods and / or Services to you through our App/Website.

2.8. "Delivery" is a reference to all forms of Delivery, which are offered on Myfoodness by MyFoodness Logistics and our Delivery Partners (Independent delivery service providers) – collectively refered to as “Delivery Partners”. “Pick up” is a reference to you, the user, collecting items you have ordered via our App, website and any other channels.

2.9. “App” is a reference to our mobile application (Myfoodness) where we offer Goods and Services through participating restaurants, and;

2.10.  "Website", “Site” is a reference to our Website www.myfoodness.co.bw , where we offer Goods and Services through participating restaurants.

·        Section 3: Order

3.1. Any agreement for the purchase of food entered into through this App or Website is between you and the Participating Restaurant; any agreement for Delivery entered into through this site is between you and our delivery partners (MyFoodness Logistics and participating independent delivery suppliers) offering delivery service, and any agreement for order Pick Up entered into through this site is between you and the participating restaurant. You particularly confirm to proceed carefully when entering your data on myfoodness.co.bw or its App and you ensure that these data are correct and complete at the time of your order. You also warrant that the given credit card, debit card and mobile wallet data is your data, and that you have sufficient funds to make the payment.

3.2. By accepting these Terms and Conditions you agree that in allowing your order of the Goods from our App or site, we act as agents for the Participating Restaurant and we do not, under any circumstance act as your agents.

3.3. Goods and Services purchased through this App/Website are intended for your own use only. You agree not to resell the Goods you have purchased. In this agreement, you act as principal and not as an agent for another party.

3.4. Please note that some of our Goods may only be suitable for certain age groups. You should check whether the Goods are suitable for the intended recipient.

3.5. The usage of this App/Website requires your email address and password. Keep the combination of these data secret.

3.6. We will exercise due diligence, whether or not it is our duty to do this, to ensure the safety of your order and payment information. Saving any negligence on our part, we cannot be held liable for losses or damages caused by a third party who has obtained unauthorized access to your data via our App/Website.

3.7. Each order you place through Myfoodness is based on participating restaurants’ availability, availability of stock, their Delivery capability/delivery capability of our delivery partners and acceptance of your order. When you place an order online/via our App/Website, a confirmation will automatically be sent to you via email and on the App through push notifications. Please contact us immediately, if your data is not correct. The confirmation email/push notifications do not guarantee that we, the Participating Restaurant or delivery partners can process your order.

3.8. The confirmation email will contain the delivery/pick up information, the estimated delivery/pick up time and the price of the order. If the Service and / or the Goods are not available or the delivery capacity is not sufficient, you will be notified.

3.9. If your order can be processed, the Participating Restaurant will accept your order and you will be notified automatically via email and the App.

·        Section 4: Payments

4.1. All prices on this Website are correct at the time of publication. We and participating restaurants, as well as delivery partners, reserve the right to change prices, Goods and / or Services, including the Delivery fee at any time. All prices include VAT.

4.2. All prices displayed on the App/Website are the prices for Services and / or Goods from the Participating Restaurant or any other third party suppliers at the moment of listing them on our platform. While we exercise great care to keep these data up-to-date, it may be possible that prices displayed are not correct. In this case, the Participating Restaurant will alert us immediately. We will contact you directly about the price difference and you can choose to cancel the order or proceed.

4.3. We reserve the right to stop listing Participating Restaurants, Goods and / or Services on our platform without further notice.

4.4. The total costs of your ordered Goods and / or Services, including Delivery and other costs, is displayed at check out. All Goods and / or Services must be paid online via credit card, debit card or mobile wallet. We reserve the right to add other payment methods or remove other payment methods without notice, to better improve your payment experience on our App.

4.5. Payment security Credit card: All credit card transactions are 128-bit Secure Socket Layers (SSL) encrypted. The company registration documents and our site’s registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate the card processor to obtain confidential information. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. The Card Processor’s Internet servers are protected by firewalls and intrusion detection systems. The Merchant/Restaurant owner does not have access to credit details.

4.6. Payment security Mobile Wallet: Mobile Money payments are processed through a local telecommunications company’s Web Payment platform. Transactions are processed in Botswana Pula (BWP) currency.

·        Section 5: Delivery

5.1. The delivery time displayed is an estimation only and therefore can differ in reality. Goods will be delivered to the specified address.

5.2. All delivery orders are delivered by a delivery agent/authorized person of the participating delivery partners that offer such a service. Participating Restaurants and delivery partners will give their best efforts to deliver the order within the specified time. Neither Myfoodness nor the Participating Restaurant and/or Delivery Partners will be liable for any costs, loss or damage suffered due to late delivery of orders. If the Goods are not delivered within the time specified by participating restaurants and/or delivery partners, then please contact our customer success team; [email protected] or call: 75954450/75954353

5.3. If an order does not arrive on time, the Delivery fees nor the order fee will not be repaid.

5.4. At the time of handover to the recipient, all risks in relation to the Goods are passed to the recipient.

5.5. If you are not able to receive the order at the time of delivery, we will not be able to deliver the order at another specified time and will not provide any refunds.

5.6. You should make the necessary precautions to ensure easy and safe Delivery of the Goods. We exclude all liability for damage and / or costs of the Goods ordered, if it is the result of negligence on your part to provide and / or to make adequate precautions for the Delivery.

5.7. Participating restaurants and/or delivery partners shall endeavour to ensure:

5.7.1. that the order will be delivered to the specified address

5.7.2. within the specified time;

5.7.3. inform you in case the order is expected not to be delivered within the specified time.

5.8. Please note that it may not be possible for participating restaurants and/or delivery partners to deliver in all areas.

5.9. If you choose the Pick-up option, when you place an order, an estimated time of when your order will be ready for pick up will be communicated to you. The pick-up time displayed is an estimation only and therefore can differ in reality.

5.10. You have the responsibility to pick up your order. Should you not pick up your order, you will be liable for the costs of that order. If you paid for it by Credit Card, Debit card or mobile wallet, you will not receive a refund for failing to pick up your order.

·        Section 6: Cancellation, Errors and Refunds

6.1. Your order cannot be cancelled via the App/Website. If you want to cancel an order, after you have placed it, you must immediately contact our customer care via email: [email protected] or via telephone at: 75954450/75954353. Your cancellation should include your order number and the reason for cancellation. If the Participating Restaurant accepts your cancellation, no cancellation fee will be charged. If the Participating Restaurant refuses the cancellation because e.g. the order has already been prepared, the cancellation will not be accepted.

6.2. If the cancellation is done on time and accepted by the Participating Restaurant, we will refund your payment to the payment option you used at the time of order, as soon as possible.

6.3. We reserve the right to terminate an order for Delivery or Pick Up, when Goods, for whatever reason, are not available. In such a case we will inform you and we will return any payment made by you for the ordered Goods and Services.

6.4. In the unlikely event that the wrong order is delivered, you have the right to reject it. You will get fully reimbursed for the payment done as soon as possible. If the Participating Restaurant can only prepare a part of your order e.g. because certain Goods are not in stock, then the staff of the Participating Restaurant will contact you and ask if you would like to replace this part of your order with something else or if you would like to be refunded for the missing Goods. You have the right to refuse a partial order before it is delivered. We are not responsible for incorrect or partial orders. This issue should be discussed directly with the Participating Restaurant.

6.5. We shall take all reasonable efforts to accurately reflect or inform you of the Food description, availability, purchase price, Delivery service charges via the App/Website. However, should there be any errors of whatsoever nature on the App (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to an order or Sale based on any error, the rejection of an order or the cancellation of a Sale, save to the extent of refunding you for any amount already paid.

·        Section 7: Information

7.1. You warrant that any information you have provided for your order is correct and complete.

7.2. You agree that we may use the information you have entered or saved, to process your order and for marketing and credit control purposes. Purposes which also may be included, for example, are: To provide your information to third parties where we think that their services are interesting for you, or if this is necessary to provide our Services. More information can be found in our Privacy Policy.

7.3. You are entitled to ask us for a copy of your personal data known to us. Please contact us if you wish to obtain such copy.

·        Section 8: Linked Websites

There may be a number of websites linked on myfoodness.co.bw that may be of interest for you. However, we do not represent such third parties and do not guarantee the quality of their products and / or services. Moreover, we are not responsible for the content of these websites and / or the products / services they offer.

·        Section 9: Complaints

We take complaints very seriously and strive to reply within five days. All complaints should be mailed to: [email protected]

·        Section 10: Limitation of Liability

10.1. We take much care and attention to the information displayed on myfoodness.co.bw and our App. We apologize for any errors or omissions on our Website/App. We cannot guarantee that the use of this App/Website will always happen smoothly. We cannot guarantee that this App/Website is free of viruses or bugs. We cannot guarantee the full functionality, accuracy and reliability, and we exclude all liability for accuracy and use of this App/Website.

10.2. By accepting these Terms and Conditions you agree to relieve us from any liability whatsoever arising from your use of information from any third party, or your use of any third party website, or your consumption of any food or beverages from a Participating Restaurant.

10.3. We exclude all liability for our Goods and / or Services. This does not affect your statutory rights as a consumer. Should we be held responsible for losses and / or damages suffered by you, such responsibility will be limited to the amount you have paid for the costs and / or Services. We are not liable for damages, costs, releases and / or other (in)direct losses (including loss of profit) arising in any way whatsoever. This limitation of liability does not apply in case of personal injury or death that is the direct result of negligence.

10.4. We are not responsible for late deliveries, errors, omissions, or loss of transmitted information, viruses or other infections or destructive products that affect your computer from our App/Website.

10.5. We are not liable for errors or delays of our Services, by acts or omissions beyond our reasonable control, such as a natural disaster or an act / omission of a third party.

10.6. When we entered into an agreement to provide identical / similar orders to more than one customer and we are unable to fulfil our obligations due to force majeure, we reserve the right to choose at our discretion which orders we will fulfil and to which extent.

10.7. The Goods sold through us are for your own use. Therefore, we are not liable for any (in)direct loss, loss of data, loss of income or profit, loss or damage caused to property and / or loss by third parties arising from the use of this App/Website or any Goods or Services purchased through us.

10.8. We have taken all possible care to prevent Internet fraud and ensure that all data is stored as safely as possible. However, we exclude any liability for the unlikely event that a third party has hacked or broken into our network, devices, servers or those of third parties.

·        Section 11: General

11.1. All prices and fees are indicated in BWP (Botswana Pula).

11.2. We reserve the right to outsource contracts or parts of contracts occasionally and we reserve the right to renew or modify these Terms and Conditions without your approval being necessary. The use of this App/website and the use of our Services following any such change constitute your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this website/App.

11.3. Payments must be completed at the time the order is placed. Accepted payment methods are: credit card, debit card and mobile money. If it is not paid on time, we will cancel your order.

11.4. Do not use or launch an automatic system or program in connection with our app/website or ordering possibilities.

11.5. You shall not collect personal information through our App/Website, use our communications systems for commercial purposes, to provide without reason advertisement to users of our App/Website, publish or collect any coupon codes or codes for our App/Website, hack or mutilate our App/Website.

11.6. The Terms and Conditions together with the Privacy Policy, form the entire agreement you enter into with us. No other condition will form part of the agreement. In the event of a conflict between these Terms and Conditions and any other provision created on the App/Website, these Terms and Conditions prevail.

11.7. If a condition of the contract is invalid, illegal or considered inapplicable, the Parties agree that this condition will be considered as deleted, but the remainder of the contract will still be valid.

11.8. The Terms and Conditions and the entire agreement shall be governed by Botswana law. The parties hereby agree to the exclusive competence of Botswana courts for conflicts arising from the Terms and Conditions.

11.9. A delay in the use of our rights under this agreement shall not be considered as a waiver of such rights unless expressly stated in writing.