Effective date: 01/01/2023
Unless otherwise stated in these Chef Terms and Conditions of Service, a Term used within them has the same meaning as it has in Our General Terms and Conditions of Service.
Table of Contents
1. Introduction
Munchies4You (PTY) Ltd. is a company registered in the Republic of South Africa under the registration number 2024/270421/07 and are the owners and operators of the Domains that constitute The Platform.
Together, Our Terms and Policies govern all use of The Platform and constitute Your agreement with The Company pertaining to Your use of The Platform. The Company reserves the right, in Our sole discretion, to change the Terms and Policies or any parts thereof at any time without prior notice or justification. Please note the effective dates at the top of the Terms and Policies to see when they were last revised. Any changes will become effective when they have been published. You are thus encouraged to review all the Terms and Policies at the inception of each session, as You will be deemed to have accepted any changes if You continue to use The Platform after such changes have been published. Should You disagree with any revisions to the Terms and Policies, You may terminate the agreement immediately as provided in the Terms and Policies.
2. The Company’s services
The Company runs a self-service Platform that allows Members to interact by supplying and acquiring various Listings.
Being a self-service Platform, the onus is always on You to define and provide the correct information during Your use. As Chef, The Company offers You the right to use The Platform to share Your Listings with Platform Users to purchase. Once You have created a Listing, You are in control of how it is Listed and can set Your own pricing and rules for each such Listing.
3. Independency of Chefs
Your relationship with The Company is that of an independent natural person who is at least 18 years of age or an independent legal entity that has registered an account to make use of The Platform and is in no way an employee, agent, joint venture, or partner of The Company, except that The Company acts as a payment collection agent on Your behalf as stated in the Payment Terms and Conditions of Service and does not control Your Listings. You agree that You have complete discretion as to whether and when to provide Your Listing, at what price, and on what terms to offer it.
4. Your responsibilities
You understand and accept the responsibilities of using the self-service Platform offered by The Company. These responsibilities include, but are not limited to:
- ensuring that the information supplied by You to populate Your Profile on The Platform is accurate and correct at all times;
- ensuring that Listings have been correctly added to Your Profile;
- checking and ensuring that all the details in a Listing are correct, including the set price, the detailed descriptions, images, and any additional terms, rules, and/or regulations;
- You must describe any and all fees or charges in Your Listing description and may not collect any additional fees or charges outside The Platform.
The Company may engage You via various communication methods and could even use The Platform on Your behalf, but the onus is still on You to check the accuracy of all the information displayed in a Listing as any acts of omission by anyone You allow to manage Your Listings will be Your own.
You may not encourage Users to create third-party accounts, submit ratings, reviews, and testimonials, provide their contact information, or take any other actions outside The Platform in violation of the Terms and Policies. You may also not promote or sell anything to Users You acquired through The Platform outside of The Platform to assist the Users in avoiding The Platform Service Fees.
Should You work with a co-chef or Chef as part of a team, business, or other organisation, the entity and each individual who participates in providing Your Listing are bound by the Terms and Policies under Your account. You warrant that You are authorised to enter into such contracts and that You represent and bind them to the Terms and Policies under Your account. You also warrant that they are in good standing under any and all of the South African laws and are not, or have not been, Members on The Platform that have had their accounts suspended or terminated. If You perform any other functions, You represent and warrant that You are authorised to perform such functions.
You acknowledge that supplying services carries inherent risks and agree that You assume the entire risk arising from Your access and use of The Platform, including offering Listings or any interactions You have with other Members of The Platform, whether in person or online.
You agree that You have had the opportunity to investigate The Platform and any laws, rules, regulations, and/or obligations that may be applicable to Your Listing on The Platform and that You are not relying upon any statements of such made by The Company or on The Platform.
You also warrant that You are authorised and are making use of The Platform out of self-will.
5. Contracting with Buyers
When You receive an order confirmation through The Platform, You have entered into a contract directly with the Buyer, and are responsible for delivering the Listing under the terms and at the price specified in Your Listing. The Payment Aggregator will deduct the applicable Service Fees from the Buyer’s payment and settle the balance (Your Listing’s price) into Your nominated bank account. Any supplemental or additional terms that may apply to Your Listing, must be consistent with the Terms and Policies and prominently disclosed in Your Listing’s description.
6. Managing Your Listings
The Platform offer tools to make it easy for You to manage Your Listings. Your Listings must include complete and accurate description of the Listing, Your price for the Listing, pricing for any possible Extras items offered in conjunction with Your Listing and any additional terms that apply to Your Listing. Extras may not be offered or supplied as single items, should that be required they should be offered as separate Listings. You are responsible for keeping Your Listing information, including availability days/dates and Media up to date at all times. You may offer and manage multiple Listings on the Platform.
7. Cancellations
As a Chef, You should not cancel on a Buyer without a valid reason or applicable law. Should You need to cancel orders with Buyers under extenuating circumstances, You are solely responsible for informing such Buyers as per the contact information provided to You on the order confirmation email sent to You by The Platform at Your own cost. Failure to do so could lead to consequences at The Company’s sole discretion and possibly to the imposition of legal claims against You for the recovery of any and all amounts already paid to You and any legal fees The Company may incur for such impositions.
Should The Company need to intervene in any order disputes, dissatisfaction, cancellation, or Buyer refund situations that could not be amicably resolved between You and the Buyer, You authorise The Company to possibly offset such refunded amounts and any applicable costs incurred against Your future payouts, and if required, The Company may also impose further violation penalties against Your Platform account at The Company’s sole discretion.
8. Payments
All payments on The Platform are handled by the Payment Aggregator.
You can visit Our Payment Terms and Conditions of Service page for more information.
9. Taxes
As a Chef, You are responsible for determining and fulfilling Your obligations under South African laws to add, collect, remit, or include in Your Listing price any applicable VAT or other indirect taxes.
10. Payouts
- Payouts need to be requested via the “Request a Payout” link in the Chef Dashboard.
- Accounts with balance less than R200 will not be eligible for payouts.
- Payout requests will close on Tuesday 23:59 of each week.
- Payouts will be processed each Wednesday, or the following South African banking day and should reflect in Your account by latest 23:59 of that Wednesday or the following South African banking day.
- Payouts will only be effected to the account listed in the Chef Banking Details as displayed on the Chef profile page.
11. Your legal obligations
You are responsible for understanding and complying with any applicable South African laws, rules, regulations, and/or contracts that may apply to Your Listing. You are responsible for handling and using the Personal Information of Buyers supplied to You by The Platform in strict accordance with the South African POPI Act and the Terms and Policies.
12. Alcohol
The Platform may in no way be used for the Listing, sale, or purchase of alcohol or any illegal substances, be that as a Listing in itself or as Extras offered with a Listing.
13. Search ranking
The ranking in User search results on The Platform depends on a variety of factors that include, but are not limited to:
- User search parameters like geo-location Data, date required, and price range;
- Listing characteristics like price, dates/days available, quantity available, number and quality of Media items, type of Listing, Your Profile status, Listing Profile status, age of Listing, popularity of Listing;
- Buyer’s experience as captured in ratings, reviews, and testimonials;
- Chef requirements like minimum or maximum orders to be placed, number of Listings available, order offset times;
- Buyer’s preferences like previous orders and saved favourites.
Listings may rank differently on the mobile application version of The Platform than they do on the desktop browser version.
14. Account terminations
Termination of a Chef account has to be requested via the Account Termination form on the Contact Us page or by emailing Us directly at UserAccounts@munchies4u.co.za.
15. Chef Terms and Conditions of Service enforcement and contact details
If, for some reason, You believe We have not adhered to the principals stated in the Terms and Policies or have any queries regarding them, You may notify or contact Us via the Policies & Violation form provided You on the Contact Us page, or by emailing Us directly at Policies@Munchies4U.co.za.