General Ts&Cs

Effective date: 01/01/2023

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/or other offerings by The Company and constitute Your agreement with The Company pertaining to Your use of The Platform, and other offerings by The Company. The Company reserves the right, in Our sole discretion, to make changes to 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 all 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.

Unless otherwise stated in a Terms and Policies document, a Term defined in these General Terms and Conditions of Service has the same definition as a Term used within any of them.

The Platform’s mission is to create a user-friendly environment that makes it easy for Chefs to supply Listings for purchase or for Users to browse and purchase any such Listings. You can learn more about the Listings offered by reading their descriptions supplied by the Chef offering the Listing and by making Your own assumptions as to the Listing’s suitability based on the description and the rating of either the Listing or of the Chef offering the Listing based on the average across all Listings offered by the Chef. These ratings have been submitted by Users of The Platform, and have not in any way been altered by Munchies4U.

You need to register an account on The Platform to access and use many of the features offered by The Platform. You may only register an account on The Platform if You are a natural person who is at least 18 years of age or a legal entity, and by doing so, You will need to voluntarily supply some of Your Personal Information to populate Your Profile on The Platform. We urge You to keep such information accurate and updated at all times. By registering an account on The Platform, You represent and warrant that You are not a natural person or legal entity that is barred from using The Platform under the laws of South Africa. You may not transfer Your account to someone else, whether a natural person or a legal entity. Your Personal Information will be handled in strict accordance with, and as stated in, Our Privacy Policy. You may make use of The Platform as a Guest, but You will not be able to use all the services and features offered or as intended.

As the provider of The Platform, We work hard to ensure its functionality and to ensure Our Members have pleasant experiences using The Platform. The Company does not own, control, offer, or manage any of the Listings offered on The Platform. The Company is not acting in any way as an agent in any capacity for Members of The Platform except as specified in the Payment Terms and Conditions of Service. You acknowledge that should You acquire or make use of any of the Listings available on The Platform, The Company is in no way a party to the contract entered into directly or indirectly between Platform Members. You acknowledge that The Company has the right but not the obligation to monitor the use of The Platform and verify information supplied by Members.

2. Definitions of Terms Used

Buyer: A natural person who is at least 18 years of age or a legal entity that has registered an account on The Platform and makes use of The Platform in aid to purchase Listings.

Chef: A natural person who is at least 18 years of age or a legal entity that has registered an account on The Platform and makes use of The Platform in aid to supply Listings for purchase by Users of The Platform.

Chef Terms and Conditions of Service: A policy document that, in conjunction with Our other Policy Documents, governs all use of The Platform, and constitutes Your agreement with The Company pertaining to Your use of The Platform. The Chef Terms and Conditions of Service policy can be viewed at Chef Terms and Conditions of Service.

Cookies: Small files stored on Your Device (computer or mobile) that is used to access The Platform.

Cookie Policy: A document that describes the Cookies and similar tracking technologies We may use for the functioning of The Platform. The Cookie Policy can be viewed at Cookie Policy.

Data: A combination of Your Personal Information and Your Platform Usage Data.

Data Controller: An organisation, natural or legal person who, either alone, jointly, or in common with other Data Controllers, determines the purposes and the manners in which any Personal Information is, or are to be processed. For the purpose of these Policy Documents, We are mostly the Data Controller.

Data Processor, Service Provider: Any organisation, natural or legal person, that processes Personal Information on Our behalf. We may use the services of various third-party Service Providers in order to process Data more effectively.

Device: The physical hardware used to gain access to The Platform, this could be in the form of desktop or laptop computers, smartphones, or tablets of any kind or brand.

Domains: The Domains owned and operated by The Company. These are munchies4u.co.za and MunchiesVirJou.co.za

DP, or Data Protection: A combination of most global Data regulation policies, including but not limited to:

Americas – Argentina, Brazil, Canada, Cayman Islands, Chile, Colombia, Costa Rica, Mexico, United States (Federal and State by State), and Uruguay
Asia-Pacific – Australia, China, Hong Kong SAR (China), India, Indonesia, Japan, Malaysia, New Zealand, Philippines, Singapore, South Korea, Taiwan (China), and Thailand
Europe – Belgium, Cyprus, Czech Republic, Denmark, EU Member States, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, Netherlands, Norway, Poland, Portugal, Romania, Russian Federation, Spain, Sweden, Switzerland, Turkey, and the United Kingdom
Middle East and Africa – Bahrain, Egypt, Lebanon, Morocco, Nigeria, South Africa, the UAE, and the UAE (DIFC)
US States – Alabama, Arizona, Arkansas, Colorado, Connecticut, District of Columbia, Florida, Guam, Hawaii, Illinois, Indiana, Kansas, Kentucky, Maine, Maryland, Michigan, Minnesota, Missouri, Montana, Nevada, New Hampshire, New Mexico, New York, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Washington, West Virginia, and Wyoming.

Extras: Extra are any possible additional optional items offered in conjunction with a Listing at a specified additional charge.

General Terms and Conditions of Service: This policy document, that in conjunction with Our other Policy Documents, governs all use of The Platform, and constitutes Your agreement with The Company pertaining to Your use of The Platform.

Geo-location Data: Information collected about where a connected Device is or was located at the time of accessing The Platform.

Guest: A natural person who is at least 18 years of age or a legal entity that has chosen not to register an account on The Platform, but still wishes to make use of The Platform. Note that not all functions are available to Guest-type accounts.

Indemnified Parties: The Platform, The Company and any of its directors, managers, employees, officers, representatives, agents, consultants, suppliers, Service Providers, or sub-contractors.

Listing: A Chef’s service offering.

Listing Profile: Information about a Listing supplied by a Chef, Data generated by The Platform or from such Data, and other Data either in Our possession or likely to come into Our possession.

Login Credentials: A combination of a username and a password used to gain access to The Platform.

MAC (Media Access Control) Address: This is a unique hardware identification number that identifies a Device. The MAC address is built into every Device that can connect to the Internet and therefore cannot be changed.

Media: Any written text, image, graphic, photo, music, or video file.

Members: A combination of Chefs and Users.

Payment Terms and Conditions of Service: A policy document that, in conjunction with Our other Policy Documents, governs all use of The Platform and constitutes Your agreement with The Company pertaining to Your use of The Platform. The Payment Terms and Conditions of Service policy can be viewed at Payment Terms and Conditions of Service.

Payment Aggregator: A third-party company that handles all payment-related processes on behalf of The Platform.

Personal Information, Your Profile, User Data: Information about You that can be identified from Data You supplied, Data generated by The Platform or from such Data and other Data either in Our possession or likely to come into Our possession.

Platform, The Platform: The web browser and/or it application versions of The Platform operated under the Domains.

Privacy Policy: A document that describes how We handle all Data collected during Your use of The Platform. The Privacy Policy can be viewed at Privacy Policy.

Service Fees: The amounts The Company charges for the use of the services rendered by The Platform. These Service Fees can be viewed at Service Fees.

Term: This list, with the Term name and definition, that, unless otherwise stated in a Terms and Policies document, have the same meaning as defined in these General Terms and Conditions of Service.

Terms and Policies, Policy Documents: A combination of Our General Terms and Conditions of Service, User Terms and Conditions of Service, Chef Terms and Conditions of Service, Payment Terms and Conditions of Service, Competition Terms and Conditions, Service Fees, Privacy Policy, and Cookie Policy, which govern all use of The Platform and constitute Your agreement with The Company pertaining to Your use of The Platform.

The Company, Us, We, Our: Munchies4You (PTY) Ltd. a company registered in the Republic of South Africa under the registration number 2020/081106/07 and owners of The Platform.

Total Price: The Listing price and all other applicable fees like The Platform Service Fees, taxes, and other items identified during Your checkout.

Usage Data: Data collected automatically, either generated by Your use of The Platform, or from the infrastructure itself.

User: A User may be in the form of a Buyer or Guest making use of The Platform.

User Terms and Conditions of Service: A policy document that, in conjunction with Our other Policy Documents, governs all use of The Platform and constitutes Your agreement with The Company pertaining to Your use of The Platform. The User Terms and Conditions of Service policy can be viewed at User Terms and Conditions of Service.

You, Your: A Member making use of The Platform. You correspond to a Data subject, who is the subject of Personal Information.

3. Terms and Policies

The Terms and Policies together constitute the entire agreement between You and The Company and supersede any and all prior promises, representations, agreements, policies, and understandings of whatever nature.

To the extent that any part of the Terms and Policies is found to be invalid, unlawful, or unenforceable by any court of competent jurisdiction, such part shall, to that extent, be severed from the remaining Terms and Policies, which shall all remain enforceable and applicable as permitted by law.

Courts of competent jurisdiction will be limited to courts based within the Republic of South Africa, and any legal actions against The Company would need to comply and thus be commenced and heard by courts within the Republic of South Africa.

Any failure by The Company to exercise or enforce any rights or provisions as defined in the Terms and Policies shall not constitute a waiver of such rights or provisions. The Company retains the right to cede, assign, or otherwise transfer any of its rights or provisions as defined in the Terms and Policies to any third party.
The Company shall not be liable for any costs You may incur to obtain professional advice relating to anything stated and defined within the Terms and Policies.

4. Disclaimer and Limitations of Liability

The Indemnified Parties shall not be liable for any direct, indirect, special, or consequential losses or damages of whatsoever nature that may result from:

Your access to, or use of, The Platform, and/or any other offerings by The Company;
Your acquisition and/or use of any Listings on The Platform, and/or any other offerings by The Company;
the unavailability of any of the Listings on The Platform, and/or any other offerings by The Company;
Your inability to access The Platform, and/or any other offerings by The Company or to use any of the Listings offered on The Platform, and/or any other offerings by The Company;
Your use of any hyperlinks that lead to or from The Platform, and/or any other offerings by The Company;
Your access to websites hyperlinked to form The Platform, and/or any other offerings by The Company;
Your inability to access websites hyperlinked to from The Platform, and/or any other offerings by The Company;
access to, and/or use of, The Platform, and/or any other offerings by The Company, by any natural person or legal entity in a jurisdiction from which such activity is prohibited;
the submission, or transmission, of information or material on or through The Platform, and/or any other offerings by The Company by You;
the violation of the Terms and Policies, or any other laws, regulations or rules by You;
Media You have submitted to The Platform, or The Company that violates any law or breaches any third-party’s rights, including, but not limited to, defamation, breach of privacy, invasion of privacy, breach of confidence, infringement of copyright, or any other intellectual property rights;
Your interaction with Members of or suppliers to The Platform.

You indemnify and hold harmless the Indemnified Parties against any losses, damage claims, or costs of whatsoever nature, whether special, exemplary, compensatory, direct, indirect, incidental, consequential, or otherwise incurred, including, but not limited to, lost profits, loss of Data or goodwill, service interruptions, computer damage or system failure, or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of, or in connection with:

the Terms and Policies;
the inability to use The Platform or any of its content;
any communications, interactions, or meetings You may have with someone You interact with or meet with in person through or as a result of Your use of The Platform;
publishing or making use of any Listing, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not The Company has been informed of the possibility of such damage, even if a limited remedy set out in the Terms and Policies is found to have failed of its essential purpose by the Indemnified Parties arising from or in any way related to the preceding.

The Company reserves the right to defend and control any or all claims that might arise from the preceding, and You agree to cooperate fully with The Company in any such defences.

Except for Our obligations to transmit payments as stipulated in the Payment Terms and Conditions of Service, in no event will The Company aggregate liability for any claims, or disputes, arising out of or in connection with the Terms and Policies, Your interaction with any Members, or Your use of, or inability to use, The Platform, any content, or any Listings exceed:

to any Buyer, the amount You paid The Platform in Service Fees during the 12-month period prior to the event giving rise to the liability;
to any Chef, the amount You paid The Platform in Service Fees during the 12-month period prior to the event giving rise to the liability;
to anyone else, one thousand South African Rands (R1 000).

The limitation of liability and damages are fundamental elements of the agreement between You and The Company.

5. Indemnification

To the maximum extent permitted by law, You agree to release, defend (at The Company’s option), indemnify, and hold the Indemnified Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with:

Your breach of the Terms and Policies (including any supplemental or additional terms that may apply to Listings);
Your improper use of The Platform, and/or other offerings by The Company;
Your interaction with any Member or Listing, including, but not limited to, any injuries, losses, or damages, whether compensatory, direct, incidental, consequential, or otherwise, of any kind arising in connection with or as a result of such interaction with or use of;
Your failure to accurately report, collect, or remit any taxes;
Your breach of any laws, regulations, or third-party rights, such as intellectual property or privacy rights.

6. Service Fees

The Company charges certain fees (and applicable taxes) to Members for the right to use The Platform. These Service Fees can be viewed at Service Fees.

Service Fees are non-refundable, and The Company reserves the right to change any Service Fees at any time without prior notice.

7. Usage of the Platform

You must comply with the Terms and Policies, abide by the rules, and not help or induce others to break or circumvent any Terms and Policies, or any of these rules.

Members may only use The Platform for legitimate and non-commercial purposes.

The basic rules of conduct are:

act with integrity and respect for others at all times;
do not lie, misrepresent something or someone, or pretend to be someone else;
always be polite and respectful when communicating, or interacting with other Members;
do not harm, degrade, damage, or offend other Members;
do not discriminate against or harass other Members;
do not defame other Members;
do not use The Platform for dissemination purposes;
do not use The Platform for illegal purposes;
do not use The Platform to disclose, share, or publish materials that may be offensive, regulated, copyrighted, incorrect, untrue, prohibited by law, or infringe any laws;
do not create, store, and/or send unsolicited commercial communications;
do not scrape, hack, reverse engineer, compromise, or impair the functioning of The Platform;
do not use bots, crawlers, scrapers, or other automated means to access or collect Data or any other content or form, or to otherwise interact with The Platform;
do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measures used to protect The Platform, or its content;
do not decipher, decompile, disassemble, or reverse engineer any of the software, hardware, or code used to provide The Platform;
do not take any action that may damage or adversely affect the performance or proper functioning of The Platform;
only use The Platform as authorised by the Terms and Policies;
You may only use another Member’s Personal Information as necessary to facilitate contractual obligations as per the Terms and Policies;
do not use The Platform, the messaging tools, or any Member’s Personal Information, to send commercial messages without the recipient’s express consent, as that will breach the South African POPI Act;
You may use content made available through The Platform solely as necessary to enable Your use of The Platform as a Member;
do not use Media unless You have permission from the Media owner or the use is authorised by the Terms and Policies;
do not request, make, or accept orders or any payments outside The Platform to avoid Service Fees;
do not require or encourage Members to open accounts, leave reviews, ratings, testimonials, complete surveys, or otherwise interact with third-party websites, applications, and/or services before, during, or after placing an order unless so authorised by The Company;
do not engage in any practices that are intended to manipulate Our search algorithms;
do not acquire Listings unless You intend to use them;
do not use, copy, display, mirror, or frame The Platform, any content, Media, any of The Company’s branding, or any page layout or design without The Company’s written consent;
honour Your legal obligations;
understand and follow all laws that apply to You, including but not limited to privacy and DP;
if You provide Us with someone else’s Personal Information, You:
- do so in compliance with the applicable laws,
- must be authorised to do so, and
- authorise Us to process such information under Our Privacy Policy;
read and follow Our Terms and Policies;
do not organise or facilitate unauthorised parties or events, as You are responsible and legally liable for any such parties or events during Your use of any Listing acquired through The Platform;
do not use the name, branding, or trademarks of The Company or others without prior written consent to do so;
do not use or register any domain names, social media handles, trade names, trademarks, branding, logos, or other source identifiers that may be confused with The Company’s branding;
do not offer Listings that violate any laws that may apply to You;
do not offer or solicit prostitution or participate in or facilitate human trafficking.

The Platform is not to be used for:

harming, degrading, damaging, or offending any person;
defamatory purposes;
dissemination proposes;
illegal purposes;
disclosing, sharing, or publishing materials that may be offensive, regulated, copyrighted, incorrect, untrue, prohibited by law, or infringe any law;
the creation, storage, and sending of unsolicited commercial communications.

Personal Information of Members published on The Platform may in no way be incorporated into any database used for electronic marketing or similar purposes other than by The Company. No permission is given or should be implied that information on The Platform may be used to communicate unsolicited communications to The Company, and all rights as detailed in Section 45 of the Electronic Communications and Transactions Act, No. 25 of 2002, are reserved.

Should You use information from The Platform in breach of any of the Terms and Policies, The Company reserves the right to claim damages and/or institute criminal proceedings against You at The Company’s sole discretion.

The Company has the right but no obligation to review, disable access to, remove, or edit any content supplied by You in part or in whole to:

operate, secure, and improve The Platform, including, but not limited to, fraud prevention, risk assessment, investigations, and customer support purposes;
ensure Member compliance with the Terms and Policies;
comply with applicable law or the order or requirement of a court, law enforcement, or other administrative agency or governmental body;
address content that We believe to be harmful or objectionable;
take actions as set out in the Terms and Policies;
maintain and enforce any quality or eligibility criteria, including removing Listings that do not meet quality or eligibility criteria.

Members acknowledge and agree that The Company administers its Terms and Policies, including decisions about how and when to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist The Company in good faith and to provide The Company with any information necessary to take such actions as may be reasonably requested by The Company.

8. Your Login Credentials

You hereby undertake to keep secure any records of Your Login Credential. Members are legally bound to any actions performed on The Platform by means of their Login Credentials, whether directly by them or a third-party gaining access to The Platform with their Login Credentials. Should You suspect that Your Login Credentials have been lost, stolen, or in any way compromised, You are responsible for contacting The Company immediately via one of the Contact Us forms provided to You on The Platform or by emailing Us directly at UserAccounts@Munchies4U.co.za.

If and as permitted by applicable law, We may, but have no obligations to, ask You to provide identification or other information, undertake checks designed to help verify Your identity or background, screen You against third-party databases or other sources and request reports from Service Providers.

9. Your Profile

You hereby undertake to supply The Platform with accurate and correct information as required to populate Your Profile on The Platform should You chose to register an account. Such information must be kept relevant and updated by You and may include, but not limited to Your name, Your email address, Your contact number and Your physical address for delivery purposes when offered and requested. The Company shall not be liable in whatsoever manner for damages, loss or liability arising from any misrepresentation by You. In the event that You fail to keep Your Profile information correct and updated, The Company reserves the right to suspend or remove Your account from The Platform.

10. Your Software and Equipment

It is a Member’s own responsibility to acquire and maintain, at their own cost, any necessary electronic equipment, means of electronic communication methods and such access accounts required for accessing The Platform.

11. Ratings, Reviews and Testimonials

One of the ways The Platform fosters trust is through ratings, reviews, and testimonial processes that allow other Users to make more informed decisions on The Platform and provide honest feedback. We aim for these processes to be authentic, trustworthy, and useful to others.

When supplying ratings, reviews, and testimonials to The Platform, these are supplied on a strictly voluntary basis. By uploading or submitting such, You grant The Company and The Platform unlimited, unrestricted, worldwide, non-exclusive, irrevocable, perpetual, royalty-free, fully paid-up licence to use, copy, make, reproduce, display, perform, publish, upload, post, modify, prepare derivative works of, create derivative works from, transmit, distribute, sell, offer for sale, publish, and otherwise exploit, sublicence, or otherwise transfer such Media or their modifications. Additionally, You grant The Company permission to authorise third parties to do any, some, or all of the foregoing, including, but not limited to, sublicensing others to do any, some, or all of the foregoing indefinitely.

The company may, but is in no way obliged to, monitor ratings, reviews and testimonials left by Buyers and reserves the right to remove any such, in whole or in part, that violates the Terms and Policies or for any other reason at The Company’s sole discretion. In the event of repeated violations, The Company may also impose further violation penalties against Your Platform account at The Company’s sole discretion.

When supplying ratings, reviews, and testimonials, You represent and warrant that You have sufficient rights to do so and to grant these rights and licences to The Company. In addition, You choose to surrender any attribution rights to the ratings, reviews, and testimonials You submit.

Ratings, reviews, and testimonials should be unbiased.

Members may not coerce, intimidate, exhort, threaten, incentivize, or manipulate other Members in an attempt to influence ratings, reviews, and testimonials or threaten consequences in the event of negative ratings, reviews, and testimonials;
ratings, reviews, and testimonials may not be supplied or withheld in exchange for something of value like discounts, refunds, reciprocal ratings, reviews, and testimonials, or a promise not to take negative action against a Buyer submitting such. They may also not be used in an attempt to mislead or deceive The Platform or another Users;
ratings, reviews, and testimonials may only be supplied in connection with a real order experience (for example, Chefs may not accept fake orders in exchange for positive ratings, reviews, and testimonials, use a second account to leave themselves ratings, reviews, and testimonials, or coordinate with other Buyers to manipulate the ratings, reviews, and testimonials processes);
reviews may not be used for the purpose of harming competition.

Ratings and reviews provide relevant information about a buyer’s experience with a Chef or a Listing they have dealt with in aid to assist other Users to make more informed decisions.

12. Disputes

The Company, not being a contractual party to any purchases except for Our obligations to transmit payments as stipulated in the Payment Terms and Conditions of Service, may, but is in no way obligated to, intervene in dispute resolutions as a mediator between Members, but in no way guarantees that they may be resolved totally or to either party’s satisfaction.

13. Communications – Emails and SMSes

You will receive administrative communications from The Platform using the email address or other contact information You have supplied Us with in Your Profile. Enrolment in additional communications programs will not affect the frequency of these communications, though You should expect to receive additional communications specific to the programme to which You have subscribed. You may also receive promotional communications from Us. No fees are charged for such promotional communication, but third-party data rates could apply. You can opt-out by clicking the link provided to You at the bottom of these emails, in Your Profile settings on The Platform, by using the unsubscribe page at Unsubscribe, by using one of the Contact Us forms provided to You on The Platform or by emailing Us directly at Communications@Munchies4U.co.za.

Please note that You will not be able to take advantage of certain promotions if You disable certain communications in Your Profile settings or do not have an active account on The Platform.

14. Intellectual Property Rights

Except if otherwise indicated on The Platform, company logos and slogans, trademarks, trade names, domain names, web pages, patents, source code, meta tags, databases, hyperlinks, content and the selection and arrangement thereof, and other content contained therein, including but not limited to Media, downloads, information, data, software, sounds, videos, and other files, are the proprietary property of The Company and/or its licensors, or Members and are protected from infringement by South African and international copyright laws and treaties.

These may not be reproduced or appropriated in any manner without the prior written consent of The Company or the other respective owners, where applicable. The Platform, all its content, and the rights to it are reserved under the name of The Company.

Unless expressly prohibited by a notice published on any page within The Platform, You may view, download, and/or print any part of The Platform as You may reasonably require for Your own private and non-commercial use only, provided that any such copy or print has attached to it the relevant proprietary notices and/or disclaimers and that the content of The Platform is not reproduced, modified, adapted, or processed in any manner whatsoever.

Except for the above, all other use of The Platform and any of its content is prohibited by law, and without limiting the generality of the above, no natural person or legal entity shall be entitled to reproduce, transmit, distribute, adapt, translate, modify, bundle, merge, share, make available, use, or exploit such content for commercial or non-commercial private purposes or create derivative works of such content without the prior written consent of The Company.

No natural person or legal entity is permitted to amend, copy, use, decompile, or reverse engineer the source code of The Platform. No hyperlinking or use of logos, icons, or trademarks is permitted without the prior written consent of The Company.

The Platform contains materials owned or licenced by The Company. Such materials include but are not limited to the design, layout, look, appearance, and graphics and may be subject to copyright and/or other design or intellectual property rights. You may thus not copy, replicate, or use any such material other than as agreed to by The Company and/or the right holder by prior written consent or to the extent that such material is incidental to Your use of The Platform.

15. Copyright Infringement

If You believe that any content or Media on The Platform infringes copyrights, You may notify or contact Us via one of the Contact Us forms provided to You on The Platform or by emailing Us directly at Policies@Munchies4U.co.za.

16. Uploaded Media

When uploading or submitting Media to The Platform, the Media is supplied on a strictly voluntary basis. By uploading or submitting such Media, You grant The Company and The Platform unlimited, unrestricted, worldwide, non-exclusive, irrevocable, perpetual, royalty-free, fully paid-up licence to use, copy, make, reproduce, display, perform, publish, upload, post, modify, prepare derivative works of, create derivative works from, transmit, distribute, sell, offer for sale, publish, and otherwise exploit, sublicence, or otherwise transfer such Media or their modifications. Additionally, You grant The Company permission to authorise third parties to do any, some, or all of the foregoing, including, but not limited to, sublicensing others to do any, some, or all of the foregoing indefinitely.

17. Third-party Supplier Content

The Company undertakes to ensure and take reasonable care that the information provided by third parties on The Platform is accurate and up-to-date.

However, The Company does not perform site inspections of these third-party suppliers, and thus The Company makes no warranties as to the accuracy and completeness of such information provided by these third-party suppliers and used on The Platform or of any information supplied by Chefs.

The Company encourages You to report any untrue, inaccurate, defamatory, illegal, infringing, and/or harmful content available on The Platform to Us via one of the Contact Us forms provided on The Platform or by emailing Us directly at Policies@Munchies4U.co.za, and We shall use all reasonable endeavours to correct and/or remove such content or any part thereof should You provide reasonable grounds as to the alleged nature of such content.

While The Company makes every reasonable effort to ensure that all information on The Platform is updated and correct, We shall not be liable for any loss, breach, damage, or expense of any nature whatsoever that may be caused, whether direct, consequential, general, or special, through the use of, supply of, or reliance upon any information or service provided by The Company on or through The Platform.

18. Platform Security

The Company takes all accepted industry-standard security measures to protect The Platform from abuse and ensure the safety of Personal Information collected from You to prevent any disclosure. However, The Company does not make any warranties or representations that such content will be entirely safe and secure. The Company shall not be liable for any loss or damages suffered whatsoever as a result of The Platform being “hacked”.

We recommend that You install anti-virus software before accessing The Platform and ensure that such software is compatible with Your equipment and is regularly updated.

One such anti-virus programme can be found here:

AntiVirusGaurd (AVG)

You hereby indemnify The Company in respect of any claim arising from any “hacking” or other service outages to The Platform.

You may not deliver or attempt to deliver, whether on purpose or negligibly, any damaging code to The Platform or servers and computers supporting The Platform such as viruses, robots, or malware. Notwithstanding criminal prosecution, You indemnify and hold The Company harmless, without limitation, against any losses, liabilities, and damages that The Company may suffer as a result of such a delivery attempt or damaging code.

You may not develop, distribute, or use any device or code that is designed and developed to breach or overcome any of the security measures of any restricted pages, products, and/or services on The Platform and The Company reserves the right to claim damages from any person who is directly or indirectly involved in the development, use, and distribution of such devices or codes.

Should You commit any of the offences set out in sections 85 to 88 of the Electronic Communications and Transactions Act, You shall, notwithstanding any criminal prosecutions, be liable for any and all losses, liabilities and damages that may be suffered by The Company due to or related to such offences.

19. Platform Availability

While every possible measure is taken to maintain the availability of The Platform and the technologies supporting it, We make no representations or warranties, implied or otherwise, that, amongst others, the content and technologies available on The Platform are free from errors or omissions or that The Platform’s services will be uninterrupted and error-free at all times.

The Company shall not be liable for any damages, losses, or liabilities of whatsoever nature arising from any defect that may be found to exist or may occur from time to time as to The Company’s services related to The Platform. The Company shall also not be liable for any loss or damages suffered whatsoever as a result of The Platform being unavailable for planned or unplanned outages or the actions of Service Providers, including relevant hosting and equipment.

You are encouraged to report any possible malfunctions, errors, or bugs to Us via one of the Contact Us forms provided on The Platform or by emailing Us directly at General@Munchies4U.co.za and We shall use all reasonable endeavours to correct them.

20. Hyperlinks

The Company is in no way responsible for the content, products, and/or services of any website from which You have accessed The Platform or to which The Platform may provide hyperlinks.

Where The Platform may provide hyperlinks to a third-party website, We do so in good faith, believing that the content of such a website contains products, content, or material that is relevant to The Platform and that We think might interest You in some way. Such hyperlinks in no way signify that The Company receives any commissions or payments from such a third-party website or that The Company has reviewed or approved of the third-party website and all of its contents, products, or services, nor does it imply a recommendation, endorsement, support, or association by The Company of the content, products, and/or services offered by such third-party websites.

The Platform may in no way whatsoever be framed without the prior written consent of The Company.

21. Account Control, Termination, Suspension and Other Measures

The agreement between You and The Company as reflected in the Terms and Policies is effective when You access The Platform and remains in effect until either You or We terminate the agreement in accordance with the Terms and Policies. The Company reserves the right to restrict, suspend, or terminate Your account used to access The Platform at any time if The Company is of the view that You have breached any of the Terms and Policies. Any such restrictions, suspensions, or terminations will be at The Company’s sole discretion and without prejudice to any rights that The Company may have against You in respect of such a breach.

The Company has the right to remove The Platform as a whole, any sections thereof, or any features at any time without prior notice.

21.1 Termination

You may terminate this agreement at any time by contacting Us via one of the Contact Us forms provided on The Platform or by emailing Us directly at UserAccounts@Munchies4U.co.za, or by deleting Your account. The Company may terminate this agreement with immediate effect and without notice and stop providing You access to The Platform should We believe You have breached the Terms and Policies, violated any applicable laws, or reasonably believe termination is necessary to protect The Company, The Platform, its Members, or any third parties.

Should Your account be inactive for more than 12 months, We may terminate it without prior notice.

21.2 Violations

If You breach the Terms and Policies, You violate applicable laws, regulations, or third-party rights, or The Company believes it necessary to protect The Company, The Platform, its Members or any third-parties, The Company may, without prior notice:

suspend or limit Your access to use The Platform and/or Your account;
suspend or remove Listings, ratings, reviews, testimonials, and any other Media associated with Your account;
suspend or revoke any special status associated with Your account.
For minor violations or where otherwise appropriate at The Company’s sole discretion, You will be given notice of any intended measures by The Company and an opportunity to resolve the issue before such measures are imposed.

21.3 Legal mandates

The Company may take any actions it determines reasonable and necessary to comply with any applicable laws or the order or request of a court, law enforcement agency, or other administrative agency or governmental body within legal jurisdiction.

21.4 Effects of Termination

When the agreement with The Company has been terminated, You are not entitled to a restoration of Your account or any of Your account content. If Your access to use The Platform has been limited, Your account has been suspended, or the agreement has been terminated by Us, You may not register a new account or access The Platform through another Member’s account.

21.5 Terms and Policies Survival

Parts of the Terms and Policies that, by their nature, survive termination will survive termination of the agreement between You and The Company.

22. Warranty

The Platform is always provided on an “as is” basis, without warranties of any kind, expressed or implied, as to the operation thereof, the accuracy of any of the information, or the products or services referred to on it, and has not been compiled or provided to meet Your individual, tailored requirements. It is Your sole responsibility to satisfy Yourself prior to entering into this agreement with The Company that the services available from and through The Platform will meet Your individual requirements and be compatible with Your hardware and/or software.

We do not endorse or warrant the existence, conduct, performance, safety, quality, legality, or suitability of any Members, Listings, or third-parties. We do not warrant the performance or non-interruption of The Platform. We do not warrant that verification, identity, or background checks conducted on any Member or Listing, if any, will identify past misconduct or prevent future misconduct.

Any reference to “verified” on The Platform indicates only that the Member or Listing has passed the relevant automated verification and identification processes by The Platform and nothing else.
The disclaimer in the Terms and Policies applies to the maximum extent permitted by law. If You have any statutory rights or warranties that We cannot disclaim, the duration of any such statutory rights or warranties will be limited to the maximum extent permitted by their laws.

23. Waiver

The Company’s failure to enforce any right or provision of the Terms and Policies will not constitute a waiver of any such right or provision unless acknowledged and agreed upon in writing. Except as expressly stated in the Terms and Polices, the exercise by either party of any of its remedies under the Terms and Policies will be without prejudice to its other remedies under the Terms and Policies or otherwise permitted under applicable laws.

24. Assignment

You may not assign, transfer, or delegate the agreement or Your rights and obligations as set out in the Terms and Policies without The Company’s prior written consent. The Company may, without restriction, assign, transfer, or delegate any and all rights and obligations as set out in the Terms and Policies at its sole discretion without prior written notice.

25. Force Majeure

The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, or diseases, strikes or shortages of transportation facilities, fuel, energy, labour, or materials.

26. Reporting Violations

If You believe that a Member, Listing, content, or piece of Media poses an imminent risk of harm to a person or property, You should immediately alert the local authorities before contacting The Company. In addition, if You believe that a Member, Listing, piece of content, or piece of Media has violated Our Terms and Policies in any way, You should report Your concern to Us via one of the Contact Us forms provided on The Platform or by emailing Us directly at Policies@Munchies4U.co.za.

If You reported an issue to Your local authorities, We may request a copy of that report, and except as required by law, You agree that We are not obligated to take action in response to any report.

27. General 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 on the Contact Us page, or by emailing Us directly at Policies@Munchies4U.co.za.