Overview

1. Introduction

  • The Mr Delivery software application and website at www.mrdfood.com (the "App") is available for download from various app stores identified by Mr Delivery from time to time, on compatible electronic devices, or accessible through the website. The App is owned and operated by Mr Delivery (Proprietary) Limited ("Mr Delivery", "we", "us" and "our").
  • The App enables users to order and purchase food, beverages and other items (the "Food") from any of the restaurants or other food/snack outlets listed on the App (each a "Restaurant").As an alternative to placing an order via the App, we also allow users to order Food telephonically from any of the Restaurants by contacting our national call centre (the "Telephone Service").
  • These terms and conditions ("Terms and Conditions") govern the ordering, sale, delivery and collection of Food, and the use of the App and Telephone Service. These Terms and Conditions are binding and enforceable against every person that accesses or uses the App or Telephone Service ("you", "your" or "user"), including without limitation each user who registers as contemplated below ("registered user"). By using the App or Telephone Service, you acknowledge that you have read and agree to be bound by these Terms and Conditions. You must not use the App or Telephone Service if you do not agree to the Terms and Conditions.

2. Important Notice

  • These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act 2008 (the "CPA").
  • These Terms and Conditions contain provisions that appear in similar text and style to this clause and which -
    • May limit the risk or liability of Mr Delivery or a third party; and/or
    • May create risk or liability for the user; and/or
    • May compel the user to indemnify Mr Delivery or a third party; and/or
    • Serve as an acknowledgement, by the user, of a fact.
  • Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
  • If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Mr Delivery to explain it to you before you accept the Terms and Conditions by continuing to use the App or Telephone Service.
  • 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 Mr Delivery in terms of the CPA.
  • These Terms and Conditions are divided into three sections, as follows:
    • Part A - Orders and Sales
    • Part B - Privacy Policy
    • Part C - General Legal Terms

Part A - Orders & Sales

3. How it works

  • You may order Food either via the App or Telephone Service. 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 Mr Delivery from time to time) surrounding your given address.
  • Where you have ordered using the App, you may be given the choice of receiving the Food by means of courier, which delivery service shall be carried out by Mr Delivery or its nominee ("Courier Delivery"), or by means of self-collection by you or your nominee from the relevant Restaurant ("Self-collection"). Where no such choice is given, you will be able to order Food on the App for Self-collection. Where you have ordered using the Telephone Service, you will only be able to receive Food by Courier Delivery (not Self-collection).
  • We will indicate on the relevant product and checkout pages in the App which Food items are for sale by a particular Restaurant. You can only order Food from one Restaurant at a time, in each order that you place.
  • You can only place orders for Food from a Restaurant provided that it is open for business and active on the App. You may only place orders for liquor products during the hours permitted by law.We may at any time suspend or terminate the availability of a Restaurant, menu or menu item on the App, in our sole discretion.
  • You acknowledge that, notwithstanding that the Food may be ordered via the App or Telephone Service, 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.Neither Mr Delivery nor any party attending to the Courier Delivery (if applicable) is a party to that sale of Food.Mr Delivery only provides the platform to facilitate transactions between Restaurants and registered users in relation to the Food.Mr Delivery 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.
  • Because we want you to have a safe and consistent experience, Mr Delivery 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 Mr Delivery is entitled to become involved in an attempt to resolve it, Mr Delivery is not obliged to do so and any disputes must be resolved between the registered user and the relevant Restaurant.

4. Registration and use of the App and Telephone Service

  • Only registered users may order Food via the App or Telephone Service.
  • To register as a user via the App or Telephone Service, you must provide Mr Delivery 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). If you register as a user via the Telephone Service, we will register your user account on the App and such account will be available to you for ordering Food either via the App or Telephone Service in future.
  • You will need to use your unique username and password to place an order via the App, and your unique username to place an order via the Telephone Service.You agree that a Mr Delivery 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, and to provide your correct username whenever ordering Food via the Telephone Service, failing which we will not process your order.
  • You agree and warrant that your username and password (if applicable) shall:
    • You agree and warrant that your username and password (if applicable) shall:
    • not be disclosed by you to any third party.
  • You agree that, once your correct username and password have been entered (in relation to the App), or once your correct username has been given (in relation to the Telephone Service), irrespective of whether the use of the username and/or password is unauthorised or fraudulent, you will be liable for payment of any resulting order.
  • You agree to notify Mr Delivery 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.
  • Because we want you to have a safe and consistent experience, Mr Delivery 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 Mr Delivery is entitled to become involved in an attempt to resolve it, Mr Delivery is not obliged to do so and any disputes must be resolved between the registered user and the relevant Restaurant.
  • 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 Mr Delivery representative.

5. Conclusion of Sales and availability of Food

  • Registered users may place orders for Food, which the Restaurant and/or Mr Delivery may accept or reject. The placing of an order will happen when payment is made by credit card, or when payment by cash is confirmed on the App or Telephone Service. Whether or not the Restaurant and/or Mr Delivery accepts an order depends on various factors, including but not limited to, the availability of Food, capacity for Courier Delivery, correctness of the information relating to the Food (such as the price) and receipt of payment or payment authorisation (if applicable) by Mr Delivery for the Food.
  • NOTE: Mr Delivery will indicate the acceptance of your order (by Mr Delivery and the Restaurant) by way of SMS or email ("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; and
    • if applicable, Mr Delivery in respect of the Courier Delivery services (if you requested Courier Delivery of the Food) and Telephone Services (if you used the Telephone Services).
    This is regardless of any earlier communication from the Restaurant and/or Mr Delivery stating that your order or payment has been confirmed. Mr Delivery will indicate the rejection of your order by cancelling it, notifying you thereof and, as soon as possible thereafter, refunding you for any amount already paid.
  • Prior to the Food being delivered to your nominated address or you being notified that the Food is ready for collection (as applicable), we may reject an order or cancel a Sale at any time due to: (i) the Restaurant being unable to fulfil the order; (ii) Courier Delivery services not being readily available (if applicable); and/or (iii) any other reason in Mr Delivery’s sole discretion.
  • Should you wish to retract your order, you should contact Mr Delivery via telephone immediately, and Mr Delivery 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.
  • 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 Mr Delivery 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.
  • Mr Delivery relies on information supplied to it by the Restaurants relating to the Food, and Mr Delivery accordingly bears no liability for any inaccuracies in such information supplied to it.You acknowledge thatstock of all Food on offer may be limited.Mr Delivery will take reasonable efforts to ensure that when Food is no longer available, offers thereof are discontinued on the App. However, we cannot guarantee the availability of Food. When Food is no longer available after you have placed an order, Mr Delivery will notify you thereof and reject your order or cancel the Sale, in which event you will be entitled to a refund of the amount paid by you for such order.
  • You also acknowledge that the pricing of Food may change at any time without notice to you, but no price change will affect any Food ordered in respect of which you have received an Acceptance Notice, except in the case of an obvious pricing error.In the event of an obvious pricing error, we may reject your order or cancel the Sale at any time and you will be entitled to a refund of the amount paid by you for such order.
  • 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.
  • 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.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.

6. Minors, liquor and tobacco

  • By using the App or Telephone Service you warrant that you are 18 years of age or older and of full legal capacity. If you are under the age of 18 or if you are not legally permitted to enter into a binding agreement, then you may use the App or Telephone Service only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then he/she agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
  • Restaurants may not sell liquor or tobacco products to you if you are under the age of 18 (regardless of any supervision by a parent or guardian).You may be requested to provide proof of your age before receiving any liquor or tobacco products ordered via the App or Telephone Service.The Courier Delivery or Self-collection of any liquor or tobacco products may be refused and you will be held liable for all charges relating to such order, should you fail to provide adequate proof that you are 18 years of age or older, or if you appear to be under the influence of drugs or alcohol at the time of delivery or collection of such products.

7. Conclusion of Sales and availability of Food

  • For each order, you will be charged:
    • the total Food price by the relevant Restaurant;
    • where you have selected Courier Delivery, a Courier Delivery service fee by Mr Delivery; and
    • where you have ordered from certain Restaurants as indicated on the App, a personal shopper fee by Mr Delivery may be charged in addition to the Courier Delivery service fee; and
    • where you have ordered Food using the Telephone Service, a Telephone Service Fee by Mr Delivery.
    where such charges are as reflected on the App at the time you place the order (together, the "order charges").
  • Restaurants may not sell liquor or tobacco products to you if you are under the age of 18 (regardless of any supervision by a parent or guardian).You may be requested to provide proof of your age before receiving any liquor or tobacco products ordered via the App or Telephone Service.The Courier Delivery or Self-collection of any liquor or tobacco products may be refused and you will be held liable for all charges relating to such order, should you fail to provide adequate proof that you are 18 years of age or older, or if you appear to be under the influence of drugs or alcohol at the time of delivery or collection of such products.
  • If specifically requested by you, Mr Delivery will provide you with a VAT invoice for any fees charged by it in respect of the Courier Delivery and Telephone Service.The invoice will be sent to you by email and will also reflect the price of the purchased Food as a line item.Please contact the relevant Restaurant directly if you require a VAT invoice in respect of the purchased Food.Contact details of the Restaurant can be requested from Mr Delivery’s national call centre.If any Restaurant fails to provide you with the invoice within 5 business days after your request, you may notify us thereof and we will endeavour to obtain and provide you with the required invoice as soon as possible.

8. Payment

  • Mr Delivery will receive payment of all order charges and will pay the Food-related portion thereof to the relevant Restaurant.We are authorised to receive payment for the Food on behalf of the Restaurant and payment made by you to us for the full price of the Food will discharge your payment obligations to the Restaurant.
  • Payment for your order can be made in the following ways:
    • Credit Card Payment by credit card may only be made when an order is placed via the App (not via the Telephone Service). 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 by Mr Delivery or under Mr Delivery's control, and for which you acknowledge Mr Delivery is not responsible in law. Such payment gateway is however committed to upholding strict security standards, and at no stage will Mr Delivery store your credit card details. 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
    • Instant EFT and Cash on delivery: Cash payments may only be made to Mr Delivery or its nominee upon receipt of the Food by means of Courier Delivery (not Self-collection), whether the order was placed via the App or Telephone Service.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.
  • If you have a promotional coupon or discount ("Coupon") that you wish to use with your order, you may only do so via the App (not the Telephone Service). Please see clause 12 for more information about Coupons.
  • The above payment options are explained in more detail in our FAQ section, which is incorporated by reference (which means that it is deemed to form part of these Terms and Conditions).

9. Delivery of Food

  • If you order Food for Courier Delivery by Mr Delivery or its nominee (i.e. a Mr Delivery franchisee or an independent contractor) (the "Courier"):(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 Mr Delivery) from your Delivery Address.
  • If you order Food for Self-collection: (i) you should indicate a physical address, in order for Mr Delivery to provide you with a selection of Restaurants in such area; and (ii) you will only be allowed to order Food from such Restaurants. Please note that Self-collection is not allowed when Food is ordered via the Telephone Service.
  • Where you have requested the Food to be delivered to you by way of Courier Delivery and you have received an Acceptance Notice:
    • the Courier 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.Events outside of the Courier’s control such as traffic, inclement weather conditions and delays bythe Restaurant in relation to your order may result in a delay of the delivery of the Food, but the Courier will continue with its efforts to deliver the Food to you as soon as possible in the circumstances; and
    • Our obligation to deliver the Food is fulfilled when the Courier delivers the Food to the Delivery Address.The Courier is only responsible for the delivery of the Food to the Delivery Address. the Courier arrives at the Delivery Address and you fail to open the door or respond to its telephone calls within 10 minutes, the Courier may leave the premises, taking the Food with it, 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.Neither Mr Delivery nor the Restaurant is responsible for any loss or unauthorised consumption of Food, after the Courier has delivered the Food to the Delivery Address.
  • Where you have ordered Food for Self-collection from the Restaurant and you have received an Acceptance Notice:
    • you or your nominee should display a copy of the Acceptance Notice to the Restaurant upon collection of the Food; and
    • the Restaurant is responsible for making the Food available for collection by you or your nominee at its premises, at the estimated collection time set out in the Acceptance Notice.If you or your nominee fails to collect the Food or respond to our or the Restaurant’s telephone calls, within 60 minutes after the estimated collection time, the Restaurant may dispose of the Food in any manner which it deems fit and you will remain liable for payment of the Food. Any dispute regarding the Restaurant failing to make the Food available at the collection time or within 60 minutes thereafter, should be resolved between you and the relevant Restaurant; your respective rights and obligations being as set out in these Terms and Conditions.
  • For more information about delivery, please see our FAQ section.

10. Errors

  • We shall take all reasonable efforts to accurately reflect or inform you of the Food description, availability, purchase price, Courier Delivery service charges and Telephone Services charges via the App or Telephone Service. However, should there be any errors of whatsoever nature on the App or Telephone Service (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.

11. Complaints

  • 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.
  • Save where we determine in our sole discretion that the cause for the complaint was due to the fault of Mr Delivery, 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 Mr Delivery shall bear no liability in relation to such complaint.

12. Coupons

  • Mr Delivery may from time to time make Coupons available for use on the App towards the purchase of Food. Coupons can only be redeemed while they are valid and their expiry dates cannot be extended.
  • Coupons are issued in Mr Delivery’s sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason.Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
  • Where you have requested the Food to be delivered to you by way of Courier Delivery and you have received an Acceptance Notice:
    • each Coupon can only be used once;
    • only one Coupon can be used per order;
    • only one Coupon can be used per person per promotion/campaign on the App;
    • a Coupon must be used at check-out – it cannot be used later on existing orders;
    • Coupons with a percentage discount offer may only be redeemed on purchases with a total cart value less than R2,000; and
    • the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
  • Coupons cannot be used to buy other Coupons, and cannot be exchanged or refunded for cash or credit. However, if you use a Coupon and your order is rejected or your Sale is cancelled, your Coupon will be made available for use again.
  • Mr Delivery is not responsible for any loss or unauthorised use of a Coupon.

Part B - Privacy Policy

13. Privacy Policy

  • We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
  • Should you decide to register as a user via the App or Telephone Service, we may require you to provide us with personal information which identifies you. This includes but is not limited to -
    • your name and surname;
    • your email address;
    • your physical address;
    • your identity number;
    • your mobile number;
    • your date of birth; and
    • your gender,
  • Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
  • You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
  • Should you decide to register as a user via the App or Telephone Service, we may require you to provide us with personal information which identifies you. This includes but is not limited to -
    • use your personal information for any purpose other than as set out below:
      • in relation to the ordering, sale and delivery of Food;
      • to contact you regarding current or new Food items or services or any other goods offered via the App or Telephone Service (unless you have opted out from receiving marketing material from us);
      • to inform you of new features, special offers and promotional competitions offered by us or any of our franchisees, divisions, affiliates, partners and/or Restaurants (unless you have opted out from receiving marketing material from us); and
      • to improve our product selection and your experience of our App or Telephone Service by, for example, monitoring your browsing habits, or tracking your sales on the App; or
    • disclose your personal information to any third party other than as set out below:
      • to our employees, franchisees, third party service providers and Restaurants who assist us to interact with you via our App, Telephone Service, email or any other method, for the ordering of Food or when delivering Food to you (i.e. Courier Delivery or Self-collection), and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
      • to our franchisees, divisions, affiliates, partners and/or Restaurants (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new Food items or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
      • to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of these Terms and Conditions;
      • to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit; and
      • to our franchisees, third party service providers and/or Restaurants in order for them to liaise directly with you in the event of you submitting a complaint or claim regarding any order you have placed which requires their involvement.
  • We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. Mr Delivery undertakes never to sell or make your personal information available to any third party other than as provided for in this Privacy Policy, unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, Mr Delivery is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
  • We will ensure that all of our employees, affiliates, franchisees, third party service providers, divisions, partners and Restaurants (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to such information.
  • We will -
    • treat your personal information as strictly confidential, save where we are entitled to share it as set out in this Privacy Policy;
    • take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
    • provide you with access to your personal information to view and/or update personal details;
    • promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
    • provide you with reasonable evidence of our compliance with our obligations under this Privacy Policy on reasonable notice and request; and13.8.6upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
  • We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so or you consent to us retaining such information for a longer period.
  • Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
  • If you disclose your personal information to a third party, such as an entity which operates a website linked to the App or anyone other than Mr Delivery, MR DELIVERY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.

Part C - General Legal

14. Changes to these Terms and Conditions

  • Mr Delivery may, 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 or Telephone Service.
  • Any such change will only apply to your use of the App or Telephone Service after the change is displayed in these Terms and Conditions. If you use the App or Telephone Service after such amended Terms and Conditions have been displayed, you will be deemed to have accepted such changes.

15. Electronic communications

  • When you use the App or Telephone Service, 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.

16. Ownership and copyright

  • 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, including but not limited to copyright and trade mark law. The App Content is the property of Mr Delivery, its advertisers and/or sponsors, and/or is licensed to Mr Delivery.
  • You will not acquire any right, title or interest in or to the App or the App Content.
  • Any use, distribution or reproduction of the App Content is prohibited unless expressly authorised by an authorised Mr Delivery representative or otherwise provided for in law. To obtain permissions for the commercial use of any App Content, e-mailinfo@mrdfood.com.

17. Disclaimer

  • The use of the App or Telephone Service is entirely at your own risk and you assume full responsibility for any risk or loss resulting from such use or reliance on any information on the App or communicated via the Telephone Service.
  • Whilst Mr Delivery takes reasonable measures to ensure that the content of the App or as communicated via the Telephone Service is accurate and complete, Mr Delivery makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the App or Telephone Service, or as to the accuracy, completeness or reliability of any information on the App or communicated via the Telephone Service. If any such representations or warranties are made by Mr Delivery’s representatives, Mr Delivery shall not be bound thereby.
  • Mr Delivery disclaims liability for all damage, loss or expense, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the App or Telephone Service and/or any content therein, unless otherwise provided by law.
  • Any views or statements made or expressed on the App or via the Telephone Service are not necessarily the views of Mr Delivery, its directors, employees and/or agents.
  • In addition to the disclaimers contained elsewhere in these Terms and Conditions, Mr Delivery 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 grossnegligence or wilful misconduct of Mr Delivery, its employees, agents or authorised representatives. Mr Delivery 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.

18. Linked third party websites

  • 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 Mr Delivery is not responsible for the practices and/or privacy policies of those Third Party Websites or the "cookies" that those sites may use.
  • 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.

19. Limitation of liability

  • Mr Delivery cannot be held liable for any inaccurate information published on the App or communicated via the Telephone Service and/or any incorrect prices displayed on the App or communicated via the Telephone Service, save where such liability arises from the gross negligence or wilful misconduct of Mr Delivery, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to info@mrdfood.com or by phone at 0861 85 85 85.
  • MR DELIVERY 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 TELEPHONE SERVICE, OR THE CONTENT CONTAINED IN THE APP OR COMMUNICATED VIA THE TELPHONE SERVICE; OR YOUR INABILITY TO USE THE APP OR TELEPHONE SERVICE, AND/OR UNLAWFUL ACTIVITY ON THE APP OR TELEPHONE SERVICE, AND/OR ANY LINKED THIRD PARTY WEBSITE OR MOBILE APPLICATION.SHOULD IT BE FOUND THAT MR DELIVERY IS LIABLE TO YOU, SUCH LIABILITY SHALL BE LIMITED TO THE ORDER CHARGES RELATING TO YOUR PARTICULAR ORDER.
  • YOU HEREBY INDEMNIFY MR DELIVERY 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, TELEPHONE SERVICE AND/OR ANY LINKED THIRD PARTY WEBSITE OR MOBILE APPLICATION.

20. Availability and termination

  • We will use reasonable endeavours to maintain the availability of the App and Telephone Service, except during scheduled maintenance periods, but are entitled at any time to discontinue providing the App or Telephone Service, or any part thereof with or without notice to you.
  • Mr Delivery may in its sole discretion terminate, suspend and modify the App and/or Telephone Service, with or without notice to you. You agree that Mr Delivery will not be liable to you in the event that it chooses to suspend, modify or terminate the App or Telephone Service, other than for processing any orders made by you prior to such time, to the extent possible.
  • 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 or Telephone Service, without any prejudice to any claims for damages or otherwise that we may have against you.
  • Mr Delivery is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the App or Telephone Service and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Mr Delivery to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the App or Telephone Service), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Mr Delivery, in whole or in part, on notice to you. Mr Delivery shall only be liable to refund monies already paid by you, and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
  • At any time, you can choose to stop using the App or Telephone Service, with or without notice to Mr Delivery.

21. Force majeure events

  • As between you and Mr Delivery, you and any Courier, or you and 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.

22. Governing law and jurisdiction

  • These Terms and Conditions, the relationship between you and Mr Delivery, any Restaurant or any Courier, 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 or Telephone Service will constitute your consent and submission to the jurisdiction of the South Africancourts 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 Mr Delivery, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
  • Nothing in this clause 22 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

23. Notices

  • Mr Delivery hereby selects 12th floor, 10 Rua Vasco da Gama Plain, Foreshore, Cape Town (with a copy to legal@takealot.com , which copy must be given 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"). Mr Delivery may change this address from time to time by updating these Terms and Conditions.
  • 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 Mr Delivery not less than 7 days’ notice in writing.
  • Notices must be sent either by hand, prepaid registered post or email and must be in English. All notices sent -
    • by hand will be deemed to have been received on the date of delivery;
    • by prepaid registered post, will be deemed to have been received 10 days after the date of posting; and
    • 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.

24. Information

For the purposes of the Electronic Communications and Transactions Act 2002, Mr Delivery’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the App:
  • Full name: Mr Delivery (Pty) Ltd, a private company registered in South Africa with registration number 1992/04664/07.
  • Main business: Food ordering and courier service
  • Physical address for receipt of legal service (also postal and street address): 12th floor, 10 Rua Vasco da Gama Plain, Foreshore, Cape Town (marked for attention: CEO and Legal), with a copy to legal@takealot.com , which copy must be given in order for notice to be validly given
  • Office bearers: Kim Reid, Gary Altini
  • Phone number: +27 87 820 5058
  • Official email address: info@mrdfood.com
  • PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from here. Restaurants’ information is available in the relevant Product listing and/or via the customer support center contactable at 0861 85 85 85.

25. General

  • Mr Delivery may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the App or Telephone Service, or the user’s right to use the App or Telephone Service, or any of its contents, subject to us processing any orders then already made by you.
  • You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
  • Any failure on the part of you or Mr Delivery to enforce any right in terms hereof shall not constitute a waiver of that right.
  • If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
  • No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
  • No indulgence, extension of time, relaxation or latitude which either you or Mr Delivery (the "grantor") may show, grant or allow to the other of them (the "grantee") shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
  • These Terms and Conditions contain the whole agreement between you and Mr Delivery and no other warranty or undertaking is valid, unless contained in this document.

Part D - Current Competitions T&Cs

26. MR D FOOD TVC SOCIAL COMPETITION: COMPETITION RULES

Mr D Food Competition – stand a chance to win 1 of 10 Mr D Food coupon codes valued at up to R500.00
  • Promoter: This competition is promoted by Mr D Food, a division of Mr Delivery (Pty) Ltd (reg. no. 1992/004664/07) ("MRD", "us", "we" or "our"). Our marketing service provider for this competition is 947 radio station (the "Marketer").
  • Competition Period: The competition runs from 12 September 2018 to 22 September 2018 (the "Competition Period"). No entries will be accepted after midday on 31 August 2018.
  • Who can enter: You are entitled to participate in this competition if (i) you are a natural person who is at least 18 years old; (ii) it is lawful for you to be awarded the prize, and (iii) you are registered and have placed an order on the Mr D Food app using the applicable coupon code within the Competition Period. You may NOT participate if you are a supplier of goods or services in connection with this competition, or if you are a director, member, partner, employee, agent of, or consultant to MRD (or the Marketer) or any other entity which directly or indirectly controls or is controlled by MRD (or the Marketer), or if you are any of the aforementioned persons’ spouse, life partner, parent, child, brother, sister or business partner.
  • How to enter: You can enter this competition if, during the Competition Period, "Tell us what you’d rather be doing in the comments section of our competition post on Facebook, Twitter or Instagram"
  • How many times you can enter: You may enter this competition multiple times.
  • Entry fees: There are no entry fees to participate in the competition, and no additional charges involved in acting as set out in section 4 above.
  • Prize: There will be one Mr D Food coupon code that, when applied, can be used up to two times, valued at up to R250.00 (two hundred and fifty Rand) per use, up to a maximum of R500.00 (five hundred Rand). No remaining balances per order will be carried over (i.e. if a particular order is R230.00 then the remaining R20.00 shall expire and will not be carried over to a following order and 19 further orders of up to R250.00 may be placed). The prize is not transferable and may not be exchanged for cash. The prize will be delivered to the winner via the email provided when registering with the Mr D Food App and is valid for six months from the date of issue to the winner.
  • Winner: A winner will be chosen daily from 13 September August 2018 to 22 September 2018. MRD will select a winner who has taken the steps set out in section 4 above and who is in compliance with these rules, in MRD’s sole discretion. The winner will be sent an email, social media message and/or call the winner and request his/her name, surname, email address, ID number, delivery address (where applicable) and telephone number (the "Participant Information"). We will make two direct attempts to obtain such information. Once we have received this information, we will deliver the prize to the winner as soon as possible, subject to section 10 below. Proof of identity may be required upon delivery. Regarding the application of these rules and the selection of a winner in terms hereof, MRD’s decision is final and no correspondence will be entered into with a competition participant other than the winner.
  • Disqualification of winner:There will be one Mr D Food coupon code that, when applied, can be used up to two times, valued at up to R250.00 (two hundred and fifty Rand) per use, up to a maximum of R500.00 (five hundred Rand). No remaining balances per order will be carried over (i.e. if a particular order is R230.00 then the remaining R20.00 shall expire and will not be carried over to a following order and 19 further orders of up to R250.00 may be placed). The prize is not transferable and may not be exchanged for cash. The prize will be delivered to the winner via the email provided when registering with the Mr D Food App and is valid for six months from the date of issue to the winner.
  • Use of participant and winner information: By participating in this competition, you consent to the use by MRD or a third party nominated by MRD of your Participant Information, so that your name and surname can be announced as a winner and your prize can be delivered to you. The winner may also be asked to permit the use of his/her image in marketing material, to participate in marketing activities, and/or be present when the draw is taking place or the winners are announced, but he/she will be entitled to decline to do so. By entering the competition, you consent that MRD can use your name for marketing purposes.
  • Unforeseen events: In the event of unforeseen circumstances or causes beyond our reasonable control, we reserve the right to cancel this competition (before entries are received), to change the number or nature of the prize at any time (on 20 business days’ notice to you), or to change the rules at our discretion (provided that we will not change the conditions for participation or conditions for being awarded the prize, as stated herein).
  • Rules: By participating in this competition, you agree to all the competition rules set out above, without exception. A copy of these competition rules is made available at www.mrdfood.com

27. THUMBTRIBE DIGITAL FACTORY & MR D FOOD: COMPETITION RULES

Mr D Food Competition – stand a chance to win 1 of 4 Mr D Food coupon codes valued at up to R500.00
  • Promoter: This competition is promoted by Mr D Food, a division of Mr Delivery (Pty) Ltd (reg. no. 1992/004664/07) ("MRD", "us", "we" or "our"). Our marketing service provider for this competition is 947 radio station (the "Marketer").
  • Competition Period: The competition runs from 12 September 2018 to 22 September 2018 (the "Competition Period"). No entries will be accepted after midnight on 9 October 2018.
  • Who can enter: You are entitled to participate in this competition if (i) you are a natural person who is at least 18 years old; (ii) it is lawful for you to be awarded the prize, and (iii) you are registered and have placed an order on the Mr D Food app using the applicable coupon code within the Competition Period. You may NOT participate if you are a supplier of goods or services in connection with this competition, or if you are a director, member, partner, employee, agent of, or consultant to MRD (or the Marketer) or any other entity which directly or indirectly controls or is controlled by MRD (or the Marketer), or if you are any of the aforementioned persons’ spouse, life partner, parent, child, brother, sister or business partner.
  • How to enter: You can enter this competition if, during the Competition Period, you are registered and have placed an order on the Mr D Food app using the coupon code MRDFOOD2494 within the Competition Period.
  • How many times you can enter: You may enter this competition multiple times.
  • Entry fees: There are no entry fees to participate in the competition, and no additional charges involved in acting as set out in section 4 above.
  • Prize: There will be one Mr D Food coupon code that, when applied, can be used up to two times, valued at up to R250.00 (two hundred and fifty Rand) per use, up to a maximum of R500.00 (five hundred Rand). No remaining balances per order will be carried over (i.e. if a particular order is R230.00 then the remaining R20.00 shall expire and will not be carried over to a following order and 19 further orders of up to R250.00 may be placed). The prize is not transferable and may not be exchanged for cash. The prize will be delivered to the winner via the email provided when registering with the Mr D Food App and is valid for six months from the date of issue to the winner.
  • Winner: A winner will be chosen weekly from 18 September August 2018 to 9 October 2018. MRD will select a winner who has taken the steps set out in section 4 above and who is in compliance with these rules, in MRD’s sole discretion. The winner will be sent an email, social media message and/or call the winner and request his/her name, surname, email address, ID number, delivery address (where applicable) and telephone number (the "Participant Information"). We will make two direct attempts to obtain such information. Once we have received this information, we will deliver the prize to the winner as soon as possible, subject to section 10 below. Proof of identity may be required upon delivery. Regarding the application of these rules and the selection of a winner in terms hereof, MRD’s decision is final and no correspondence will be entered into with a competition participant other than the winner.
  • Disqualification of winner:There are certain situations in which a winner will be disqualified from receipt of his/her prize, namely: (i) he/she fails to provide Participant Information within 24 hours of it being requested by MRD; (ii) he/she is found to have contravened any other rule set out herein; and (iii) upon delivery of the prize, he/she refuses to or cannot provide reasonably sufficient documentation to verify his/her identity. In the event of disqualification of a winner, MRD shall be entitled in its sole discretion to select another winner from amongst the participants.
  • Use of participant and winner information: By participating in this competition, you consent to the use by MRD or a third party nominated by MRD of your Participant Information, so that your name and surname can be announced as a winner and your prize can be delivered to you. The winner may also be asked to permit the use of his/her image in marketing material, to participate in marketing activities, and/or be present when the draw is taking place or the winners are announced, but he/she will be entitled to decline to do so. By entering the competition, you consent that MRD can use your name for marketing purposes.
  • Unforeseen events: In the event of unforeseen circumstances or causes beyond our reasonable control, we reserve the right to cancel this competition (before entries are received), to change the number or nature of the prize at any time (on 20 business days’ notice to you), or to change the rules at our discretion (provided that we will not change the conditions for participation or conditions for being awarded the prize, as stated herein).
  • Rules: By participating in this competition, you agree to all the competition rules set out above, without exception. A copy of these competition rules is made available at www.mrdfood.com