Terms and Conditions
DELIVERY KA SPEEDY(PTY)LTD
(Registration number: 2021 / 672381 / 07)
(hereinafter “Delivery ka Speed”)
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INTRODUCTION
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The Delivery ka Speed delivery software application (the "App") is available for download from various app stores identified by Delivery ka Speed time to time, on compatible electronic devices, or accessible through the website.
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The App is owned and operated by Delivery ka Speedy (Proprietary) Limited t/a Delivery ka Speed, ("we", "us" and "our").
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The App enables users to order and purchase food, beverages and other items (the "Food") from any of the restaurants, retail outlets, pharmacies or other food/snack outlets listed on the App (each a "Restaurant").
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These terms and conditions ("Terms and Conditions") govern the ordering, delivery and collection of Food, and the use of the App.
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These Terms and Conditions are binding and enforceable against every person that accesses or uses the App ("you", "your" or "user"), including without limitation each user who registers as contemplated below ("registered user"). By using the App, you acknowledge that you have read and agree to be bound by these Terms and Conditions. You must not use the App or any of our service if you do not agree to the Terms and Conditions.
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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 Restaurant/Merchant, and we do not, under any circumstance act as your agents.
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DEFINITIONS
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“Application or App” means any software application for use on Devices with any Operating System where we offer Goods and Services through participating outlets;
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"Delivery" is a reference to all forms of Delivery, offered on the App by us.
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“Food” refers to food, beverages and other items from any of the restaurants, retail outlets, pharmacies or other food/snack outlets listed on our Platforms.
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“Outlets” refers to any of the restaurants, retail outlets, pharmacies or other food/snack outlets listed on our Platforms.
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“Registered user(s)” refers to anyone registered on our Platforms and has provided us with a unique username and password as well as other Personal Information in order to use our services to order food on our Platforms.
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“Personal Information”, “Special Personal Information” and “process/processing” bear the same meanings as set out in POPI.
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“Platforms” - our Website or our App or any channel provided by us by which you place an order for food;
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"Privacy" refers to our policy regarding the collection, use and storage of your personal data;
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“Terms and Conditions", refers to these Terms and Conditions, Privacy Policy and any other instructions you have received.
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“we”, “us” or “our” refers to Delivery ka Speed;
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“you” and “your” refers to every person that accesses or uses our Platforms also referred to as a user.
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IMPORTANT NOTICE
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These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act 2008 (the "CPA").
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These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
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May limit the risk or liability of Delivery ka Speed or a third party; and/or
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May create risk or liability for the user; and/or
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May compel the user to indemnify Delivery ka Speed or a third party; and/or
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Serve as an acknowledgement, by the user, of a fact.
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Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
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If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Delivery ka Speed to explain it to you before you accept the Terms and Conditions by continuing to use the App.
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Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Delivery ka Speed in terms of the CPA.
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These Terms and Conditions are divided into four sections, as follows:
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Part A - Orders and Sales
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Part B - Privacy Policy
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Part C - General Legal Terms
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PART A - ORDERS AND SALES
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HOW IT WORKS
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You may order Food via the App. At the time of ordering, you are required to indicate your address, and then you will be given a selection of Restaurants. You will only be allowed to order Food from that selection of Restaurants, which fall within the prescribed area (as determined by Delivery ka Speed from time to time) surrounding your given address.
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Any agreement for the purchase of Food via the App is between you and the Participating Restaurant/Merchant.
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Any agreement for Delivery entered into through the Platform is between you and us through our delivery service, and any agreement for order Pick Up entered into through this site is between you and the restaurant/merchant.
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You can only place orders for Food from a Restaurant provided that it is open for business and active on the App.
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We may at any time suspend or terminate the availability of a Restaurant, menu or menu item on the App, in our sole discretion.
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You confirm that any data or personal information entered on the App is accurate at the time of placing 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.
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You acknowledge that, notwithstanding that the Food may be ordered via the App, you place such order with the relevant Restaurant. The sale of Food (formed on acceptance of an order, as set out in clause 5.2) is solely between the registered user and the relevant Restaurant/Merchant. Neither Delivery ka Speed nor any party attending to Delivery on our behalf (if applicable) is a party to that sale of Food. Delivery ka Speed only provides the platform to facilitate transactions between Restaurants and registered users in relation to the Food. Delivery ka Speed is neither the buyer nor the seller of the Food. Any claims the registered user may have in respect of the Food shall be against the relevant Restaurant.
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Because we want you to have a safe and consistent experience, Delivery ka Speed will be your first point of contact for any complaints arising out of or in connection with the sale of Food between a registered user and a Restaurant. Should such complaint escalate into being a dispute, although Delivery ka Speed is entitled to become involved in an attempt to resolve it, Delivery ka Speed is not obliged to do so and any disputes must be resolved between the registered user and the relevant Restaurant.
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REGISTRATION AND USE OF THE APP
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Only registered users may order Food via the App.
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To register as a user via the App, you must provide Delivery ka Speed with your unique email address or telephone number, personal details and any other relevant information required. You will thereafter be requested to select your own password or be issued a randomly generated password (which you may subsequently change).
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You will need to use your unique username and password to place an order via the App. You agree that Delivery ka Speed operator may call you to confirm your personal details, order information and amount owed. For security purposes you agree to enter your correct username and password whenever ordering Food via the App, failing which we will not process your order.
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You agree and warrant that your username and password (if applicable) shall not be disclosed by you to any third party.
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You agree that, once your correct username and password have been entered (in relation to the App), irrespective of whether the use of the username and/or password is unauthorized or fraudulent, you will be liable for payment of any resulting order.
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You agree to notify Delivery ka Speed immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and/or password and to take steps to minimise any resultant loss or harm.
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You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the App. You may use the App only for lawful purposes and may not in any way (including without limitation by use of any robot, spider, other automatic device or manual process) monitor, distribute, display, publish, copy, print, post, modify or otherwise use the App and/or the information contained therein without the express prior written consent of an authorised Delivery ka Speed representative.
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CONCLUSION OF SALES AND AVAILABILITY OF FOOD
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Registered users may place orders for Food, which the Restaurant and/or Delivery ka Speed may accept or reject. The placing of an order will happen when payment is made by any of the acceptable payment methods and is confirmed on the App. Whether or not the Restaurant and/or Delivery ka Speed accepts an order depends on various factors, including but not limited to, the availability of Food, capacity for Delivery, correctness of the information relating to the Food (such as the price) and receipt of payment or payment authorisation (if applicable) by Delivery a Speed for the Food.
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Delivery ka Speed will indicate the acceptance of your order by way of notification on the App ("Acceptance Notice"), and only at that point will agreements of sale (the "Sale") come into effect between you and the Restaurant in respect of the Food.
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Prior to the Food being delivered to your nominated address, we may reject an order or cancel a Sale at any time due to: (i) the Restaurant being unable to fulfil the order; (ii) Delivery services not being readily available (if applicable); and/or (iii) any other reason in Delivery ka Speed’s sole discretion.
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Should you wish to retract your order, you should contact Delivery ka Speed immediately, and Delivery ka Speed will use its reasonable endeavours to effect such retraction. You will not be able to retract your order via the App, or after an Acceptance Notice has been generated. You will not be able to change your order after placing it, but may be able to retract it (subject to the above), and place a new one.
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Placing Food in your shopping basket on the App without completing the purchase cycle does not constitute an order for Food, and as such, Food may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Delivery ka Speed and/or the Restaurant liable if such Food is not available or is not available at a particular price when you complete or attempt to complete the purchase cycle at a later stage.
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Delivery ka Speed relies on information supplied to it by the Restaurants relating to the Food, and Delivery ka Speed accordingly bears no liability for any inaccuracies in such information supplied to it.
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You acknowledge that stock of all Food on offer may be limited. Delivery ka Speed cannot guarantee the availability of Food. When Food is no longer available after you have placed an order or the Restaurant does not accept your order, Delivery ka Speed will notify you thereof and reject your order or cancel the Sale ("Failed Order").
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Any dispute regarding inaccurate information relating to a Restaurant or Food, Food pricing errors or sold-out Food should be resolved between you and the relevant Restaurant; your respective rights and obligations being as set out in these Terms and Conditions.
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It is your responsibility to establish from the relevant Restaurant which ingredients will be used when preparing the Food and make the necessary arrangements with such Restaurant to exclude any ingredients if you have any allergies or special requirements (unless such exclusions can be made by you on the App). We cannot and do not guarantee that the Food will be free of allergens and we disclaim any liability relating to any ingredients or allergens contained in Food.
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Parties agree that this Agreement is entered into on a non-exclusive basis and that both Parties shall be free to enter into similar agreements with third parties.
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DELIVERY
DELIVERY OF FOOD PROVISIONS DURING NATIONAL COVID-19 LOCKDOWN:
In light of the Government restrictions that have been put in place during the national Covid-19 lockdown, we have or had to make some temporary changes to our Delivery of Food. When you order Food for delivery by Delivery ka Speed it is your responsibility to select a physical address to which the Food should be delivered that is in compliance with the current Government lockdown restrictions (“Delivery Address”).
Delivery ka Speed accepts no responsibility and/or liability of any nature whatsoever for your selection of delivery address which is not in compliance with any Government lockdown restrictions. Should your Delivery address not be in compliance with any Government lockdown restrictions, Delivery ka Speed would be entitled to cancel your order at any time, without any refund to you. Where there are any inconsistencies between these Covid-19 Delivery Terms and Conditions, and our Standard Terms and Conditions, these Covid-19 Delivery Terms and Conditions will apply specifically during the lockdown period.
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If you order Food for delivery by Delivery ka Speed or its nominee i) you are required to indicate the physical address to which the Food should be delivered ("Delivery Address"); (ii) you are not allowed to change the Delivery Address after submitting your order; and (iii) you will only be allowed to order Food from Restaurants within the prescribed range (as determined by Delivery ka Speed) from your Delivery Address.
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Where you have requested the Food to be delivered to you and you have received an Acceptance Notice
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Delivery ka Speed will endeavour to deliver the Food to you by the estimated delivery time specified in the Acceptance Notice, however, delivery times are not guaranteed and may be adjusted by us in our reasonable discretion.
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Events outside of Delivery ka Speed’s control such as traffic, inclement weather conditions and delays by the Restaurant in relation to your order may result in a delay of the delivery of the Food, but we will continue efforts to deliver the Food to you as soon as possible in the circumstances; and
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Our obligation to deliver the Food is fulfilled when we deliver the Food to the Delivery Address. We are only responsible for the delivery of the Food to the Delivery Address. If we arrive at the Delivery Address and you fail to open the door or respond to our telephone calls within 10 minutes, we may leave the premises, taking the Food with us, and you will remain liable for payment of all order charges. If you are not able to be present at the Delivery Address to accept delivery of the Food, it is your responsibility to arrange for someone else to accept the delivery at such address and pay for the order on your behalf if payment has not yet been made. We are not responsible for any loss or unauthorised consumption of Food, after we have delivered the Food to the Delivery Address.
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The delivery time displayed is an estimation only and therefore can differ in reality. Goods will be delivered to the specified address.
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Participating Restaurants/Merchants and delivery partners will give their best efforts to deliver the order within the specified time. Neither Delivery ka Speed or its nominee will be liable for any costs, loss or damage suffered due to late delivery of orders.
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Participating restaurants and/or delivery partners shall endeavour to ensure:
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that the order will be delivered to the specified address;
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within the specified time;
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inform you in case the order is expected not to be delivered within the specified time
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PAYMENT
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Payment for your order can be made in one of the following ways (only one payment method may be used to settle the amount due and not a combination of payment methods:
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Credit Card :Payment by credit card may only be made when an order is placed via the App. Where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. You will be redirected to the secure site of our payment gateway, which is not owned Delivery ka Speed or under Delivery ka Speed’s control, and for which you acknowledge Delivery ka Speed is not responsible in law. Such payment gateway is however committed to upholding strict security standards, and at no stage will Delivery ka Speed store your credit card details (save for the last four digits for payment purposes). We are entitled to withhold processing the order until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation, your order for the Food will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the order charges. You also warrant that your credit card has sufficient available funds to cover all the order charges; and
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Cash on delivery: Cash payments may only be made to Delivery ka Speed or its nominee upon receipt of the Food. By selecting this option, you undertake to ensure that you have sufficient cash on hand at the time of delivery to cover the order charges.
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Instant EFT: Where payment is made by EFT, we may require additional information in order to authorise and/or verify the validity of payment. You will be redirected to the secure site of our payment gateway, which is not owned by Delivery ka Speed or Delivery ka Speed’s control, and for which you acknowledge Delivery ka Speedy is not responsible in law. Such payment gateway is however committed to upholding strict security standards, and at no stage will Delivery ka Speed store your banking details. We are entitled to withhold processing the order until such time as the relevant information is received by us and authorisation is obtained by us for the transaction. If we do not receive authorisation, your order for the Food will be cancelled. You warrant that you are fully authorised to use the bank details supplied for purposes of paying the order charges. You also warrant that your bank account has sufficient available funds to cover all the order charges;
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ERRORS AND CANCELLATION
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We shall take all reasonable efforts to accurately reflect or inform you of the Food description, availability, purchase price and delivery service charges via the App. 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.
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An order cannot be cancelled via the App/Website. If you want to cancel an order, after you have placed it, you must immediately contact us via email or telephone number as shared on our contact information on this site. 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.
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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.
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We reserve the right to terminate an order for Delivery, 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.
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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/merchant 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.
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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/Merchant.
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COMPLAINTS
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We want you to be happy with your purchase. Please let us know by telephone or email as soon as possible if there is a problem with your Food quality and/or temperature, if you receive the wrong Food or if you receive Food which is not as described on the App.
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Save where we determine in our sole discretion that the cause for the complaint was due to the fault of the Restaurant, we will communicate your complaint to the relevant Restaurant, and thereafter the matter will need to be resolved by the parties to the Sale of Food, being you and the Restaurant, and Delivery ka Speed shall bear no liability in relation to such complaint. Delivery ka Speed may in its sole and absolute discretion provide you with compensatory amount.
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PART B – PRIVACY
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RESPECT FOR PRIVACY
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We respect your privacy and will take all reasonable measures to protect it, as more fully detailed in our Privacy Policy, which is incorporated by reference.
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PART C – GENERAL LEGAL
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CHANGES TO THESE TERMS AND CONDITIONS
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Delivery ka Speed, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the App.
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Any such change will only apply to your use of the App after the change is displayed in these Terms and Conditions. If you use the App after such amended Terms and Conditions have been displayed, you will be deemed to have accepted such changes.
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ELECTRONIC COMMUICATIONS
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When you use the App or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our Privacy Policy as set out in Part B above.
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OWNERSHIP AND COPYRIGHT
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The contents of the App, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in the App ("App Content") are protected by law. The App Content is the property of Delivery ka Speed, its advertisers and/or sponsors, and/or is licensed to Delivery ka Speed.
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You will not acquire any right, title or interest in or to the App or the App Content.
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Any use, distribution or reproduction of the App Content is prohibited unless expressly authorised by an authorised Delivery ka Speed representative or otherwise provided for in law. To obtain permissions for the commercial use of any App Content, godiragetse@deliverykaspeed.com
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LINKED THIRD PARTY WEBSITES
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The App may contain links or references to other websites ("Third Party Websites") which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Delivery ka Speed is not responsible for the practices and/or privacy policies of those Third Party Websites or the "cookies" that those sites may use.
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Notwithstanding the fact that the App may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon
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LIMITATION OF LIABILITY
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Delivery ka Speed cannot be held liable for any inaccurate information published on the App and/or any incorrect prices displayed on the App or communicated, save where such liability arises from the gross negligence or wilful misconduct of Delivery ka Speed, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to godiragetse@deliverykaspeed.com
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DELIVERY KA SPEED SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE APP OR THE CONTENT CONTAINED IN THE APP; OR YOUR INABILITY TO USE THE APP, AND/OR UNLAWFUL ACTIVITY ON THE APP, AND/OR ANY LINKED THIRD PARTY WEBSITE OR MOBILE APPLICATION. SHOULD IT BE FOUND THAT DELIVERY KA SPEED IS LIABLE TO YOU, SUCH LIABILITY SHALL BE LIMITED TO THE ORDER CHARGES RELATING TO YOUR PARTICULAR ORDER.
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YOU HEREBY INDEMNIFY DELIVERY KA SPEED AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THE APP AND/OR ANY LINKED THIRD PARTY WEBSITE OR MOBILE APPLICATION.
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In addition to the disclaimers contained elsewhere in these Terms and Conditions, also makes no warranty or representation, whether express or implied, that the information or files available on the App are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Delivery ka Speed its employees, agents or authorised representatives. Delivery ka Speed thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the App
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AVAILABILITY AND TERMINATION
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We will use reasonable endeavours to maintain the availability of the App, except during scheduled maintenance periods, but are entitled at any time to discontinue providing the App or any part thereof with or without notice to you.
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Delivery ka Speed may in its sole discretion terminate, suspend and modify the App, with or without notice to you. You agree that Delivery ka Speed will not be liable to you in the event that it chooses to suspend, modify or terminate the App, other than for processing any orders made by you prior to such time, to the extent possible.
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If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Food, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the App, without any prejudice to any claims for damages or otherwise that we may have against you.
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Delivery ka Speed is entitled to blacklist you on its database (including suspending or terminating your access to the App), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Delivery ka Speed, in whole or in part, on notice to you:,
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for purposes of preventing suspected fraud or abusive behaviour towards staff;
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or where it suspects that you are abusing the App; or
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you have created multiple user profiles to take advantage of a promotion or Coupon intended
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Delivery ka Speed accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
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FORCE MAJEURE EVENTS
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As between you and Delivery ka Speed, or any Restaurant, no party will be liable to any other party for any delay or failure in performing its obligations (excluding payment obligations) in terms of these Terms and Conditions due to an event beyond its control, including but not limited to, an act of God, fire, flood, earthquake or war.
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INFORMATION
For the purposes of the Electronic Communications and Transactions Act 2002, Delivery ka Speed information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the App
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Full name: Delivery ka Speed(Pty) Ltd, a private company registered in South Africa with registration number
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Main business: Food ordering and courier service
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Physical address for receipt of legal service (also postal and street address): 341 Jan Smuts Avenue,Sandton,Hyde Park, Hyde Park,2196
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Office bearers: Godiragetse Mogajane, Jean-Paul Phillipe D’abbadie
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Phone number: +27 87 820 5058
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Official email address: godiragetse@deliverykaspeed.com
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MISCELLANEOUS
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Assignment
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You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
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Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed and enforced in accordance with the laws of South Africa.
These Terms and Conditions, the relationship between you and Delivery ka Speed or any Restaurant or and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
Your continued use of the App will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
In the event of any dispute arising between you and Delivery ka Speed ,you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Local Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
Nothing in this clause or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
Entire Agreement
This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all previous agreements between or among any of the parties.
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Notices
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All notices, requests, consents and other communications hereunder shall be in writing and shall be mailed by first-class registered mail, postage prepaid, sent by recognised courier service or by facsimile transmission (with confirmation by electronic means and mail or courier service) addressed as follows :
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341 Jan Smuts Avenue, Sandton, Hyde Park, Hyde Park,2196
Email: godiragetse@deliverykaspeed.com
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A copy must be sent to the above email, in order for notice to be validly given) as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions ("legal address").
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Delivery ka Speed may change this address from time to time by updating these Terms and Conditions.
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You hereby select the email address and any delivery address specified with your orders as your legal address, but you may change it by giving Delivery ka Speed not less than 7 days’ notice in writing.
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Notices must be sent either by hand, prepaid registered post or email and must be in English.
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All notices sent -
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by hand will be deemed to have been received on the date of delivery;
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by prepaid registered post, will be deemed to have been received 10 days after the date of posting; and
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by email before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the email. All emails sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day, unless the contrary is proved.