These General Terms shall apply to all relations between Kasi Menu Deliveries and the User related to the use of the Kasi Menu Deliveries Platform (as defined below) as well as certain aspects of Sales Agreements and Delivery Agreements concluded through Kasi Menu Deliveries Platform (as defined below). By signing up in the Kasi Menu Deliveries Platform, the User agrees to the application and content of these General Terms and is informed about the processing of his/her personal data disclosed during registration and use of the Kasi Menu Deliveries Platform on the conditions set out in these General Terms
|means the User’s account balance on Kasi Menu Deliveries Platform|
Kasi Menu Deliveries
|means Kasi Menu (Pty) Ltd, code 8345, address 409 Boitumelo Road, Ipopeng, Kimberley, South Africa, Email address: email@example.com.|
Kasi Menu Deliveries Platform
|means the delivery platform operated by Kasi Menu Deliveries as the information society service which functions as the Marketplace that (i) enables Partners to market Goods with delivery option and enter into Sales Agreements for the sale of Goods to Clients, (ii) enables the Users to place Orders of Goods with the Partner, enter into Sales Agreements as Clients and arrange the delivery of the Goods by the Courier and (iii) enables the Courier to offer delivery services to the Clients for the delivery of the Goods and enter into Delivery Agreements with Clients.|
|means any User of the Kasi Menu Deliveries Platform that has placed an Order and enters into a Sales Agreement with the Partner and a Delivery Agreement with the Courier (if applicable).|
|means any natural person, sole entrepreneur or legal entity and where relevant, its employees and/or contractors, who have been registered in the Kasi Menu Deliveries Platform as a provider of the delivery service to Clients with respect to Goods ordered through the Kasi Menu Deliveries Platform.|
|means the fee for the delivery services related to an Order, that the Client pays to the Courier under the Delivery Agreement. The Courier Fee is calculated in accordance with the principles set out in Section 6.|
|means the agreement between the Client and the Courier for the delivery of the Goods ordered by the Client concluded through the Kasi Menu Deliveries Platform.|
|means the address indicated in the Order, where the Client wishes to receive the ordered Goods.|
|means these terms and conditions applicable to the relationship between Kasi Menu Deliveries and the Client in relation to the use of the Kasi Menu Deliveries Platform by the Client.|
|means the virtual marketplace created through the Kasi Menu Deliveries Platform and operated by Kasi Menu Deliveries that enables the participating Partners to market their Goods to Users so that the Users can order the Goods and enter into the Sales Agreement with the Partner as Clients for purchasing the Goods and utilise the on-demand delivery services offered at the Marketplace by the Couriers.|
|means any goods that the Partner offers for sale through the Kasi Menu DeliveriesPlatform.|
|means the net price (together with applicable value added, sales or other taxes where applicable) that the Client has to pay to the Partner for the ordered Goods.|
Minimum Order Value
|means the amount determined by the Kasi Menu Deliveries Platform which indicates the minimum Goods Price for which an Order can be placed through the Kasi Menu Deliveries Platform.|
Small Order Fee
|means the fee payable by Client to Courier in accordance with Section 3.3 in order to compensate the difference between the Minimum Order Value and the Goods Price of a particular Order.|
|means the order of Goods that the Client has placed with the Partner.|
|means the price that the User has to pay for the purchase(d) Goods and delivery (if applicable) of the Order.|
|means the operator of any restaurant or store that Kasi Menu Deliveries has concluded an agreement with and where relevant, each and every establishment through which the operator conducts its business.|
|means the agreement between the Client and the Partner for the sale of Goods in accordance with the Order.|
|means any person that has registered a user account on the Kasi Menu Deliveries Platform and uses the services of the Kasi Menu Deliveries Platform through that user account.|
2.1.The Kasi Menu Deliveries Platform enables the Client to order Goods from Partners and arrange the delivery of the Orders to the Drop-Off Location.
2.2 .For the sale of Goods through the Kasi Menu Deliveries Platform a Sales Agreement is concluded directly between the Client and the Partner. For the delivery of the Order, the Client enters into a Delivery Agreement directly with the Courier. The Sales Agreement and the Delivery Agreement are deemed to be concluded from the moment that the Order is confirmed on the Kasi Menu Deliveries Platform.
2.3. By operating the Kasi Menu Deliveries Platform and the Marketplace, Kasi Menu Deliveries acts only as a provider of the information society service and is neither a party to the Sales Agreement or the Delivery Agreement. Kasi Menu Deliveries is not the manufacturer or seller of the Goods or provider of the delivery services and is not liable in any way for the performance of the Sales Agreement or the Delivery Agreement. 2.4. By operating the Kasi Menu Deliveries Platform, Kasi Menu Deliveries acts as the agent for the Partners in relation to mediation of Sales Agreements between the Partners and the Clients. Kasi Menu Deliveries also acts as the agent for the Couriers in relation to mediation of Delivery Agreements between the Couriers and the Clients. As the agent Kasi Menu Deliveries has been authorised by each Partner and each Courier to receive payments from the Clients on behalf of the respective principal and allocate the received funds between the Partners and the Couriers.
3.1. The Client can select and order Goods through the Kasi Menu Deliveries Platform. In the event that the Partner cannot provide the Goods as requested in the Order, the Partner will not confirm the Order in the Kasi Menu Deliveries Platform. The Partner may contact the Client in order to agree on changes to the Order, so that the initial Goods Price would remain the same. If no agreement is reached or if the Client would have to pay more or less for the replacement Goods than the ordered Goods, the Order will be cancelled and the Client will not be charged for the Order or (where applicable) the Order Price will be returned to the Client in full.
3.2. The Client has a right to receive Goods which comply with their description set out in the Kasi Menu Deliveries Platform and any specific requirements (if agreed upon). In case the Goods contain food and in case of doubt regarding any allergies that the Client may have to any such Goods, the Client is to contact the Partner for further information.
3.3. If the Minimum Order Value applies and the Goods Price related to an Order is below that Minimum Order Value the Client can place an Order and it will be confirmed by the Kasi Menu Deliveries Platform on the condition that the Client compensates the difference between the Minimum Order Value and the Goods Price for that Order in the form of the Small Order Fee payable to the Courier.
3.4. During the creation of a User account enabling access to the Kasi Menu Deliveries Platform, the User’s mobile number is linked to the respective Kasi Menu Deliveries User account and added to Kasi Menu Deliveries’ database. If the User is no longer using the mobile number, he/she must notify Kasi Menu Deliveries within 7 days so that the User’s account data could be anonymized. If the User does not notify Kasi Menu Deliveries about any change to his/her number, the mobile operator might pass the same mobile number to a next person and when using the Kasi Menu Deliveries Platform, this new person can see the User’s data.
3.5. The Client must comply with applicable laws, including the requirements applicable upon purchase of alcohol, tobacco, energy drinks or any other products requiring age verification. In case the Client wants to order products requiring age verification, he/she must confirm and/or prove his/her age as part of the ordering process. Further, the Courier delivering the Order and/or the Partner in case of self pick-up by the Client may refuse to hand over the products requiring age verification, if the Client does not present a valid photo identification proving that he/she is old enough to legally purchase the products
4.1. Upon placement of the Order the Client has to arrange the delivery service by the Courier through the Kasi Menu Deliveries Platform in order to procure delivery of the Goods to the requested Drop-Off Location or if available choose a self pick-up option. The Client will enter into the Delivery Agreement with the Courier through the Kasi Menu Deliveries Food Platform.
4.2. The Courier will deliver the Order to the Drop-Off Location indicated by the Client through the Kasi Menu Deliveries Platform. The Client and the Courier may agree on a different Drop-Off Location, provided that the new address is close to the original Drop-Off Location (not more than a few blocks away).
4.3. The Client must be present at the Drop-Off Location at least at the estimated time of delivery of the Order indicated on the Kasi Menu Deliveries Platform. The Client must be available to receive calls at the phone number submitted through the Kasi Menu Deliveries Platform from the moment of submitting the Order on the Kasi Menu Deliveries Platform until receiving the Order from the Courier
4.4. Kasi Menu Deliveries, on behalf of the Courier, may cancel the delivery and charge the Client or reduce the Client’s Balance for the full price of the Order in the following cases:
4.4.1. the Client is not available at the Drop-Off Location within 10 minutes of the arrival of the Courier thereto;
4.4.2. the phone number provided by the Client cannot be reached by the Courier within 10 minutes; or
4.4.3. the Client and the Courier fail to agree on a new Drop-Off Location according to Section 4.2 above.
4.5. Any delivery time or other time estimate communicated to the Client by the Courier or Kasi Menu Deliveries through the Kasi Menu Deliveries Platform are only estimated times. There is no guarantee that the Goods will be delivered at the estimated time. Delivery times of the Orders may also be affected by factors such as traffic jams, rush hours and weather conditions.
4.6. In case the Client chooses self pick-up of an Order, the Client must arrive at Partner’s establishment following indicative Order collection time as provided on the Kasi Menu Deliveries Platform, in order to collect an Order.
5.1. If the Client has any complaints regarding the ordered Goods or the delivery of the Order, the Client is encouraged to inform Kasi Menu Deliveries thereof through the Kasi Menu Deliveries Platform as soon as possible, but no later than within one month of the delivery of the specific Order. Kasi Menu Deliveries may request a photograph of the Goods or other evidence or explanation of the circumstances related to the complaint.
5.2. Although Kasi Menu Deliveries is neither the manufacturer or seller of Goods, nor provider of the delivery services and is not responsible for respective goods or services, Kasi Menu Deliveries will try to facilitate an amicable solution and may provide a refund or Balance in respect of the affected Goods or the delivery, if Kasi Menu Deliveries has reasonable cause to believe that the complaint is justified.
5.3. The Client may also submit complaints to the Partner or the Courier directly.
6.1. The Client has to pay the Goods Price to the Partner in the amount indicated on the Kasi Menu Deliveries Platform. Goods Prices in the Kasi Menu Deliveries Platform may differ from the Goods Prices in the Partner’s establishment. The Goods Prices on the Kasi Menu Deliveries Platform may be changed from time to time before making an Order.
6.2. The Client has to pay the Courier Fee to the Courier in the amount calculated by the Kasi Menu Deliveries Platform. The Courier Fee will be calculated taking into account the time of delivery, length of delivery route, means of delivery and other criteria. The applicable Courier Fee will be indicated to the Client prior to confirmation of the Order. The details of calculation of the Courier Fee may be adjusted from time to time by the Kasi Menu Deliveries Platform taking into account the market situation, supply and availability of the Couriers on the Marketplace, and other factors relating to the service.
6.3. Kasi Menu Deliveries has the right to establish a Minimum Order Value in accordance with Section 3.3. In such case the Client will reimburse the difference of the Order Price and the Minimum Order Value to the Courier in the form of Small Order Fee.
6.4. Kasi Menu Deliveries, acting as an agent of the Partner and the Courier, shall prepare and issue to the Client informational receipts for the Goods Price on behalf of the Partner and the Courier Fee and (where applicable) the Small Order Fee on behalf of the Courier, and accept the Client’s payment for the cash register’s receipts on behalf of the Partner and the Courier. Kasi Menu Deliveries is authorized to collect the Goods Price, the Courier Fee and (where applicable) the Small Order Fee from the Client on behalf of the Partner and the Courier respectively and distribute the sums accordingly to the respective principal.
6.5. All payments are processed from Client’s payment card or other payment methods activated by the Client on the Kasi Menu Deliveries Platform, except for cash payments. Payments are processed through a third-party payment processor. Upon confirming the Order the Client authorises the payment with its payment card or using other eligible payment method in the amount of the Order Price, and the respective amount will be reserved on the payment card or through other means of payment. The payment related to the Order will be performed and charged from the Client’s payment card or using other payment methods within 72h from confirmation of the Order.Payment may be made via VISA, MasterCard, Diners or American Express Cards or by Bank Transfer into the Kasi Menu Deliveries Bank Account, the details of which will be provided on request. The Merchant Outlet Country at the time of presenting payment options to the Cardholder is South Africa. Transaction Currency is South African Rand (ZAR)
6.6. The payment obligations of the Client arising from the Sales Agreement and the Delivery Agreement (if applicable) are deemed to be fulfilled respectively towards the Partner and the Courier (if applicable) when payment has been performed to Kasi Menu Deliveries and charged from the Client’s credit card or, as the case may be, when the Client has paid the Order Price in full to the Courier in cash upon the delivery of the Order or the Client has paid the Order Price in full to the Partner directly in case of self pick-up by the Client. If the Order Price cannot be reserved on the Client’s credit card, the Order will not be forwarded to the Partner, except for cash payments to the Courier upon the delivery of the Order or direct payment to the Partner in case of self pick-up by the Client.
6.7. Kasi Menu Deliveries may facilitate an option to the Client that allows the Client to pay for the Order in cash to the Courier upon the delivery of the Order. In such a case, the Client shall pay the Order Price to the Courier in cash upon delivery of the Order to the requested Drop-Off Location. Kasi Menu Deliveries may, at its own discretion, limit cash payments for a specific Client.
6.8. In case of cash payment, the Courier shall insert the sum of cash received from the Client to the Kasi Menu Deliveries Platform. In case the sum does not correspond to the payment obligations of the Client arising from the Sales Agreement and the Delivery Agreement, then the Balance shall automatically:
6.8.1. decrease by the amount paid less for the Order or by the full Order Price (e.g. in case the Client is not present at the Drop-Off Location, as per Section 4.4, the Client refuses to pay, etc);
6.8.2. increase by the amount paid more for the Order.
6.9. The Balance shall apply automatically upon placement of an Order. The Balance cannot be exchanged for cash.
6.10. Kasi Menu Deliveries, at its sole discretion, can make promotional offers and discounts regarding the Goods Price or the Courier Fee.
7.1. The Client may not withdraw from or cancel an Order.
7.2. Kasi Menu Deliveries is entitled to remove a Client from the Kasi Menu Deliveries Platform with immediate effect and/or refuse or cancel any Orders, if the Client causes any abuse or harm to the Kasi Menu Deliveries Platform, if Kasi Menu Deliveries has reasonable belief of fraudulent acts by the Client when using the Kasi Menu Deliveries Platform, or if the Client otherwise fails to comply with his/her obligations under these General Terms (e.g. by not being present at the Drop-Off Location on several occasions, as per Section 4.4).
7.3. The Client shall not use the Kasi Menu Deliveries Platform for money laundering purposes as well as any other criminal activity. If the Client violates this Section 7.3, Kasi Menu Deliveries will permanently suspend the Client from using the Kasi Menu Deliveries Platform as well as will notify relevant law enforcement agencies.
8.1. By registering on the Kasi Menu Deliveries Platform, Kasi Menu Deliveries grants the User a revocable, non-exclusive, non-transferable, non-sublicensable license to use the Kasi Menu Deliveries Platform for the purpose of ordering Goods and arranging the delivery of the Orders.
8.2. All intellectual property rights regarding the software, documentation or information used or developed by or on behalf of Kasi Menu Deliveries during the provision of the information society services under these General Terms (incl. the Kasi Menu Deliveries Platform and any material uploaded therein) belong to Kasi Menu Deliveries (or, sometimes, to a limited extent, the Partner). The User shall not copy, modify, adapt, reverse-engineer, decompile or otherwise discover the source code of the Kasi Menu Deliveries Platform or any other software used by Kasi Menu Deliveries or extract or use any data on the Kasi Menu Deliveries Platform for commercial purposes or any other purpose than ordering Goods. The User shall use the Kasi Menu Deliveries Platform solely for his/her personal, non-commercial purposes
8.4. Kasi Menu Deliveries is not providing any warranties, guarantees or representations regarding the quality of the Kasi Menu Deliveries Platform, including regarding the absence of apparent or hidden defects, fitness for ordinary or particular (special) purpose, and Kasi Menu Deliveries is not required to satisfy the User’s claims regarding the quality of the Kasi Menu Deliveries Platform.
9.1. The Partner Is not liable to any defects in the quantity of the ordered goods and Kasi Menu Deliveries assumes the responsibility thereto, subject to the resolution of an instituted dispute with all involved partners in the order delivery process. The Partner is Solely Liable For Any Defects In The Quality Of The Ordered Goods, subject to the customer returning the defective ordered goods as is, Or Other Shortcomings In The Performance Of The Sales Agreement And Kasi Menu Deliveries Does Not Assume Any Liability Thereof (Including Liability For Any Allergic Reactions To Food Or Any Other Health Issues).
9.2. The Couriers are solely responsible for the performance of the Delivery Agreement and Kasi Menu Deliveries does not assume any liability thereof
9.3. If a User suspects that his/her credit card associated with their Kasi Menu Deliveries Platform has been stolen and/or is being fraudulently used by a third party, the User has to inform Kasi Menu Deliveriesthereof immediately. Until receiving such notification, Kasi Menu Deliveries will not be liable for any fraudulent use of the User’s credit card by third parties on the User’s account.
9.4. The Kasi Menu Deliveries Platform is provided to the User strictly on an "as is" basis. Kasi Menu Deliveries will not be liable for any interruptions, connection errors, unavailability of, or faults in the Kasi Menu Deliveries Platform. Furthermore, Kasi Menu Deliveries upon its sole discretion may introduce new and/or discontinue existing functions to the Kasi Menu Deliveries Platform, Clients will be notified by Kasi Menu Deliveries of such discontinuations accordingly.
10.1. The Client has a statutory right to withdraw from the Sales Agreement in accordance with and in respect of Goods listed in Consumer Protection Act 68 of 2008 within 14 days of the order date without giving any reasons. If the Client wants to withdraw from such Goods, the Client may either (i) use the model withdrawal form provided in Schedule 1 or (ii) make any other unequivocal statement setting out the decision to withdraw from such Goods by contacting Kasi Menu Deliveries
10.2. Kasi Menu Deliveries reserves the right to make changes to the General Terms at any time, by uploading the revised General Terms onto the Kasi Menu Deliveries Platform and notifying all Users thereof through the email address provided by the Client during signup.
10.3. Kasi Menu Deliveries may change or remove different parts of the Kasi Menu Deliveries Platform or change the Kasi Menu Deliveries Platform, its features and the selection of Partners participating in the Kasi Menu Deliveries Platform in part or in whole at any time without prior notice.
10.4. The use of the Kasi Menu Deliveries Platform and all legal relations formed thereunder will be governed by the laws of South Africa. A Client who is a consumer also enjoys the protection of the mandatory provisions of the law that would be applicable in the absence of this term.
10.5. If the respective dispute resulting from these General Terms cannot be settled by negotiations, then the dispute will be finally solved in High Court in Kimberley, South Africa. If the Client is a consumer, jurisdiction is determined in accordance with the mandatory provisions applicable to consumers.
10.6. If there is a dispute between the Client and a Partner providing services on the Kasi Menu Deliveries Platform, the Client may use Kasi Menu Deliveries’ free internal complaint system and, if the Client is a consumer, the Online Dispute Resolution tool available on the Mobile Application of the service.
10.7. Where versions of these General Terms exist in any other language, the English language version shall prevail.
To Kasi Menu Deliveries Operations (409 Boitumelo Street, Ipopeng, Kimberley, 8345, South Africa; firstname.lastname@example.org.)
I hereby give notice that I withdraw from the following sales agreement:
Ordered on: [to be completed by the Client]
Name of the Client: [to be completed by the Client]
Address of the Client: [to be completed by the Client]
Signature of the Client (only if this form is notified on paper):
Date: [to be completed by the Client]