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Mr D Food Application Terms and Conditions & Privacy Policy

Last updated Thu Jul 28 2022

Overview

1. Introduction

  • The MrD Food software application and website at www.mrdfood.com (the "App") is available for download from various app stores identified by MrD Food from time to time, on compatible electronic devices, or accessible through the website. The App is owned and operated by Mr Delivery (Proprietary) Limited ("MrD Food", "we", "us" and "our").
  • The App enables users to order and purchase food, beverages, groceries and other items (the "Food") from any of the restaurants, grocery stores, retail outlets, liquor stores, pharmacies or other food/snack outlets listed on the App (each a "Restaurant").

  • These terms and conditions ("Terms and Conditions") govern the ordering, sale, delivery and collection of Food, and the use of the App. These Terms and Conditions are binding and enforceable against every person that accesses or uses the App ("you", "your" or "user"), including without limitation each user who registers as contemplated below ("registered user"). By using the App, you acknowledge that you have read and agree to be bound by these Terms and Conditions. You must not use the App or 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 MrD Food or a third party; and/or
    • May create risk or liability for the user; and/or
    • May compel the user to indemnify MrD Food 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 MrD Food to explain it to you before you accept the Terms and Conditions by continuing to use the App.
  • 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 MrD Food in terms of the CPA.
  • These Terms and Conditions are divided into sections, as follows:
    • Part A - Orders and Sales
    • Part B - Pick n Pay Orders
    • Part C - Privacy Policy
    • Part D - General Legal Terms
    • Part E - Current Competitions
    • Part F - SnackMe

Part A - Order & Sales

3. How it works

  • You may order Food via the App. At the time of ordering, you are required to indicate your address, and then you will be given a selection of Restaurants. You will only be allowed to order Food from that selection of Restaurants, which fall within the prescribed area (as determined by MrD Food 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 either (i) by MrD Food or its nominee, or (ii) by a driver whom you mandate to deliver Food on our cloud platform ("Cloud Driver") (items (i) and (ii) collectively referred to as the "Courier Delivery"), or by means of self-collection by you or your nominee from the relevant Restaurant ("Self-collection"). Where no choice is given for a Courier Delivery, you will be able to order Food on the App for 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, 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 MrD Food nor any party attending to the Courier Delivery (if applicable) is a party to that sale of Food. MrD Food only provides the platform to facilitate transactions between Restaurants and registered users in relation to the Food. MrD Food 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, MrD Food 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 MrD Food is entitled to become involved in an attempt to resolve it, MrD Food 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

  • Only registered users may order Food via the App.
  • To register as a user via the App, you must provide MrD Food 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).
  • You will need to use your unique username and password to place an order via the App. You agree that a MrD Food operator may call you to confirm your personal details, order information and amount owed. For security purposes you agree to enter your correct username and password whenever ordering Food via the App, failing which we will not process your order.
  • 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), irrespective of whether the use of the username and/or password is unauthorized or fraudulent, you will be liable for payment of any resulting order.
  • You agree to notify MrD Food 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.
  • 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 MrD Food representative.

5. Conclusion of Sales and availability of Food

  • Registered users may place orders for Food, which the Restaurant and/or MrD Food may accept or reject. The placing of an order will happen when payment is made by any of the acceptable payment methods in 8.3 and is confirmed on the App. Whether or not the Restaurant and/or MrD Food 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 MrD Food for the Food.
  • NOTE: MrD Food will indicate the acceptance of your order (by MrD Food and the Restaurant) by way of notification on the App 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, MrD Food in respect of the Courier Delivery services (if you requested Courier Delivery of the Food).
    This is regardless of any earlier communication from the Restaurant and/or MrD Food stating that your order or payment has been confirmed. MrD Food will indicate the rejection of your order by cancelling it, notifying you thereof and credit your Credit Wallet, for the amount you already paid. You can then use this credit either immediately or at a later date when you place your next order with MrD. Should you wish to have a refund, please refer to the FAQ section.
  • 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 MrD Food’s sole discretion.
  • Should you wish to retract your order, you should contact MrD Food via telephone immediately, and  MrD Food 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 MrD Food 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.
  • MrD Food relies on information supplied to it by the Restaurants relating to the Food, and MrD Food accordingly bears no liability for any inaccuracies in such information supplied to it. You acknowledge that stock of all Food on offer may be limited. MrD Food 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 or the Restaurant does not accept your order, MrD Food will notify you thereof and reject your order or cancel the Sale ("Failed Order"). 
    MrD will credit your Credit Wallet for the amount you paid in respect of the Failed Order. You can use this credit either immediately or at a later date when you place your next order with MrD.
    Should you wish to have a refund of the amount in your Credit Wallet, please refer to the FAQ.
  • 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 (unless such exclusions can be made by you on the App). We cannot and do not guarantee that the Food will be free of allergens and we disclaim any liability relating to any ingredients or allergens contained in Food.
  • In order to make use of MrD Food’s Courier Delivery services to deliver prescriptions and medication ordered from your Checkers MediRite pharmacy (“MediRite”), please refer to the FAQ section for the steps to be followed. In  respect of a MediRite order, you warrant that you are the authorized person to receive the prescribed medicine to which your MediRite order relates
  • In order to make use of MrD Food’s Courier Delivery services for the purposes of collecting RAIN sim cards ("RAIN Order"), or for the purposes of having your RAIN Order delivered to you, please refer to the FAQ section for the steps to be followed.

6. Minors, liquor and vaping products

  • By using the App 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 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 vaping 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 vaping products ordered via the App. The Courier Delivery or Self-collection of any liquor or vaping 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 fee by MrD Food, alternatively a driver fee by the Cloud Driver ; and
    • where you have ordered from certain Restaurants as indicated on the App, a personal shopper fee by MrD Food may be charged in addition to the Courier Delivery fee, or a driver fee by the Cloud Driver (as the case may be),
    where such charges are as reflected on the App at the time you place the order (together, the "order charges").
  • If specifically requested by you, MrD Food will provide you with a valid invoice for any fees charged by it or the Cloud Driver (as the case may be) in respect of the Courier Delivery. 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 valid invoice in respect of the purchased Food. Contact details of the Restaurant can be requested from MrD Food’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

  • MrD Food 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.
  • If a Cloud Driver is used pursuant to a Courier Deliver, MrD Food will receive payment and will pay the delivery-related portion thereof to the relevant Cloud Driver. We are authorized to receive payment for the delivery of Food on behalf of the Cloud Driver and payment made by you to us for the price of the delivery will discharge your payment obligation to the Cloud Driver.
  • Payment for your order can be made in one of the following ways (only one payment method may be used to settle the amount due and not a combination of payment methods, except when Credit Wallet, SnackMe or wiCode is used in combination of another payment method):
    • Credit Card Payment by credit card may only be made when an order is placed via the App. Where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. You will be redirected to the secure site of our payment gateway, which is not owned by MrD Food or under MrD Food's control, and for which you acknowledge MrD Food is not responsible in law. Such payment gateway is however committed to upholding strict security standards, and at no stage will MrD Food store your credit card details (save for the last four digits for payment purposes). We are entitled to withhold processing the order until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation, your order for the Food will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the order charges. You also warrant that your credit card has sufficient available funds to cover all the order charges; and
    • Cash on delivery: Cash payments may only be made to MrD Food or its nominee upon receipt of the Food by means of Courier Delivery (not Self-collection). 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.
    • Instant EFT: Where payment is made by EFT, we may require additional information in order to authorise and/or verify the validity of payment. You will be redirected to the secure site of our payment gateway, which is not owned by MrD Food or under MrD Food's control, and for which you acknowledge MrD Food is not responsible in law. Such payment gateway is however committed to upholding strict security standards, and at no stage will MrD Food store your banking details. We are entitled to withhold processing the order until such time as the relevant information is received by us and authorisation is obtained by us for the transaction. If we do not receive authorisation, your order for the Food will be cancelled. You warrant that you are fully authorised to use the bank details supplied for purposes of paying the order charges. You also warrant that your bank account has sufficient available funds to cover all the order charges;
    • eBucks: Please refer to our FAQ for more details on this payment option.
    • Credit Wallet: Please refer to our FAQ for more details on this payment option.
    • SnackMe: Please refer to our FAQ for more details on this payment option.
    • wiCode (corporate vouchers): you may select to use a wiCode voucher as a method of payment. wiCode vouchers are run via the wiCode platform, are not owned or controlled by Mr D Food, and for which you acknowledge Mr D Food  is not responsible in law. Only wiCode vouchers where Mr D Food has been set up as the Merchant of the wiCode campaign, as determined by wiCode or the issuer of the voucher can be used on the Mr D Food platforms as a method of payment.  wiCode vouchers are not transferable and may not be exchanged or refunded for cash. Should your wiCode voucher be lost or stolen, neither Mr D Food nor its agents will be liable. Mr D Food or its agents will not be held responsible for any cellular network or internet service operator delay in the use of the wiCode vouchers.  Should your order value be higher than your wiCode voucher value, then you will be asked to top up using any of the other available payment methods indicated in 8.3 above. If your order value is less than your wiCode voucher value, then the treatment of the balance of the wiCode voucher will be determined according to the terms and conditions of that wiCode coupon, as determined by wiCode or the issuer of the voucher. Should you have difficulty using your wiCode voucher, you will need to contact wiCode or the issuer of the wiCode voucher directly. Please refer to our FAQ for more details on this payment option.
  • 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. Please see clause 12 for more information about Coupons.
  • You acknowledge that the Restaurant COVID Contribution is a non-refundable gratuitous payment made to the Restaurant (with MrD Food facilitating the payment thereof from you to the Restaurant) for purposes of providing the Restaurant [with financial relief]. You further acknowledge that MrD Food has no control over how this Restaurant COVID Contribution is actually used by the Restaurant and MrD Food accepts no responsibility therefor.
  •  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 MrD Food or its nominee (i.e. a MrD Food franchisee, an independent contractor or Cloud Driver) (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 MrD Food) from your Delivery Address.
  • If you order Food for Self-collection: (i) you should indicate a physical address, in order for MrD Food to provide you with a selection of Restaurants in such area; and (ii) you will only be allowed to order Food from such Restaurants.
  • 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 by the 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 MrD Food 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 and Courier Delivery service charges via the App. However, should there be any errors of whatsoever nature on the App (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to an order or Sale based on any error, the rejection of an order or the cancellation of a Sale, save to the extent of refunding you for any amount already paid.

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 the Restaurant, we will communicate your complaint to the relevant Restaurant, and thereafter the matter will need to be resolved by the parties to the Sale of Food, being you and the Restaurant, and MrD Food shall bear no liability in relation to such complaint. MrD Food may in its sole and absolute discretion provide you with compensatory amount in your Credit Wallet

12. Corporate Vouchers

These terms and conditions govern the sale, distribution and use of corporate vouchers purchased from MrD Food. These terms and conditions are binding and enforceable against you and every person that accesses or uses the corporate voucher/s ("you", "your", “customer” or "user"). By purchasing the corporate vouchers from MrD Food, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
  • Unique corporate vouchers may be purchased by a company, business, individual or organisation directly from MrD Food, at MrD Food’s discretion.
  • MrD Food has the sole discretion to set the total purchase limit.   
  • Each corporate voucher order you place with MrD Food must consist of a minimum of 20 vouchers or a minimum total value of R5000, which parameters are subject to change by Mr D Food from time to time.
  • Corporate vouchers are not transferable and may not be exchanged or refunded for cash.

  • The corporate vouchers can ONLY be redeemed on the MrD Food App - which can be downloaded on the iOS App Store or Android playstore and on the MrD Food website.
  • MrD Food will provide the corporate voucher/s to you within 2 business days of receiving payment.
  • You are responsible for managing the distribution & tracking of the number of corporate vouchers and the value you have distributed to each customer.
  • You are responsible for making the terms of use of the corporate vouchers available to those to whom they are distributed.
  • Where MrD Food agrees to distribute the corporate vouchers on your behalf, you warrant that you have obtained the names and contact information from the recipient/ customer lawfully and are lawfully entitled to make this information available to MrD Food.
  • The corporate vouchers may not be used for illegal transactions. Misuse may constitute fraud and may lead to criminal prosecution.
  • You may not associate  MrD Food or any of its brands:  with any foul language, obscenities, defamation, hate speech, discrimination or derogatory comments on the basis of political belief  or any otherwise inappropriate content (determined in our sole discretion) that may bring MrD Food or bring any of its brands in disrepute;  with materials which contain any content which may be harmful to MrD Food or its associated companies in any way; infringement of the intellectual property or other rights of MrD Food or any of its brands, its associated companies or any third party; with materials which contain private or confidential information or such information which violates someone else's rights.MrD Food reserves the right to decline the processing of a voucher purchase which we deem to be in contravention of the MrD Food terms and conditions (www.mrdfood.com/terms).
  • Corporate vouchers are run via the wiCode platform, are not owned or controlled by MrD Food, and for which you acknowledge MrD Food is not responsible in law.
  • Corporate vouchers may only be used on the App for orders in areas serviced by MrD Food.
  • Corporate vouchers must be redeemed in line with the MrD Food terms and conditions
  • Corporate vouchers issued by MrD Food through the wiCode platform will be valid for 3 years from the date of issue.
  • The corporate voucher must be added at check-out in accordance with the MrD Food terms and conditions
  • Only one corporate voucher may be used per order (multiple vouchers may not be used in one order).
  • A corporate voucher may only be used once. Where a corporate voucher is partially used (i.e the order value is less than the corporate voucher value), then the  person who applied the voucher to their purchase must contact MrD Food to notify of the balance remaining. MrD Food will then issue a new corporate voucher or similar Credit token with the remaining balance available for use on the App
  • Should the order value be higher than the corporate voucher value, then the customer will be asked to top-up and pay the difference, using any of the other available payment methods indicated in the MrD Food terms and conditions. 
  • MrD Food may on their sole discretion charge an administration fee for the issuing and or distribution of corporate vouchers.
  • MrD Food or its agents will not be liable if someone other than the intended recipient redeems the corporate voucher (if lost, copied, stolen etc.).
  • MrD Food or its agents will not be liable for any cellular network or internet service operator delays that affect the use or issue of corporate vouchers. 
  • Should  you have any difficulty using a corporate voucher, please refer to the FAQ section.
  • MrD Food reserves the right to review and approve its representation as part of any marketing offers.

13. Coupons

  • MrD Food 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 MrD Food'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.
  • Unless otherwise stated under the specific terms and conditions regulating the Coupon:
    • each Coupon can only be used once or  multiple times as per the Coupon campaign terms and conditions;
    • 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 of  less than R2000; 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.
  • MrD Food is not responsible for any loss or unauthorised use of a Coupon.

Part B - Pick n Pay Orders

14. How it works

In order to make use of MrD Food’s Courier Delivery services to deliver Food and liquor ordered on the App from Pick n Pay grocery and liquor stores (“Pick n Pay orders”), the following additional terms apply: 

  • A minimum order value of R100 applies to all Pick n Pay orders
  • When placing a Pick n Pay order on the App, you will be prompted to select alternative products to replace any of the first choice products selected by you, should your first choice products be out of stock. If any of your first choice products are out of stock, the corresponding alternative product will be picked.

  • You will only be charged for the actual products delivered to you. When you place your Pick n Pay order, you are charged the total price of your first choice products or your alternative products, whichever is higher. MrD Food will credit your Credit Wallet with the value of any products not delivered to you
  • Pick n Pay will not sell liquor exceeding a total weight of 150 litres to any one person in a single day. Pick n Pay is not licensed to sell liquor for resale and you may accordingly not purchase liquor from Pick n Pay for the purpose of reselling it.

  • All products purchased by you from Pick n Pay on the App are subject to Pick n Pay’s returns policy available at https://www.pnp.co.za/returns-policy
  • If Pick n Pay authorises a refund of any amount paid by you for any product, MrD Food will credit your Credit Wallet with the refund amount. Pick n Pay may, in its sole discretion, elect to inspect a product, or refer it for technical assessment by the manufacturer or authorised service centre, prior to accepting or rejecting a request for a refund
  • Any refund authorised by Pick n Pay in respect of a product is limited to the price paid by you for that product and does not affect any order charges paid by you to MrD Food. The refund of order charges remains within MrD Food’s sole discretion.  

  • If you are a member of the Smart Shopper loyalty programme, Pick n Pay will allocate Smart Shopper points to you on Pick n Pay orders, in accordance with the terms and conditions of the Smart Shopper loyalty programme. Although you can earn Smart Shopper points on Pick n Pay orders, you cannot use Smart Shopper points to pay for any Pick n Pay orders.

  • If there is any conflict between these Terms and Conditions and the additional terms applicable to Pick n Pay orders, the additional terms prevail. 

Part C - Privacy Policy

15. Privacy Policy

  • We respect your privacy and will take all reasonable measures to protect it, as more fully detailed in our Privacy Policy, which is incorporated by reference.

16. Changes to these Terms and Conditions

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

17. Electronic communications

  • When you use the App or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our Privacy Policy as set out in Part C above.
  • 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 MrD Food, its advertisers and/or sponsors, and/or is licensed to MrD Food.
  • 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 MrD Food representative or otherwise provided for in law. To obtain permissions for the commercial use of any App Content, e-mailinfo@mrdfood.com.

19. Disclaimer

  • The use of the App 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.
  • Whilst MrD Food takes reasonable measures to ensure that the content of the App is accurate and complete, MrD Food makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the App, or as to the accuracy, completeness or reliability of any information on the App. If any such representations or warranties are made by MrD Food’s representatives, MrD Food shall not be bound thereby.
  • MrD Food 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 and/or any content therein, unless otherwise provided by law.
  • Any views or statements made or expressed on the App are not necessarily the views of MrD Food, its directors, employees and/or agents.
  • In addition to the disclaimers contained elsewhere in these Terms and Conditions,  also makes no warranty or representation, whether express or implied, that the information or files available on the App are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of MrD Food, its employees, agents or authorised representatives. MrD Food 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.

20. 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 MrD Food 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.

21. Limitation of liability

  • MrD Food cannot be held liable for any inaccurate information published on the Appand/or any incorrect prices displayed on the App or communicated, save where such liability arises from the gross negligence or wilful misconduct of MrD Food, 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.
  • MRD FOOD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE APP OR THE CONTENT CONTAINED IN THE APP; OR YOUR INABILITY TO USE THE APP, AND/OR UNLAWFUL ACTIVITY ON THE APP, AND/OR ANY LINKED THIRD PARTY WEBSITE OR MOBILE APPLICATION. SHOULD IT BE FOUND THAT MRD FOOD IS LIABLE TO YOU, SUCH LIABILITY SHALL BE LIMITED TO THE ORDER CHARGES RELATING TO YOUR PARTICULAR ORDER.
  • YOU HEREBY INDEMNIFY MRD FOOD AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THE APP AND/OR ANY LINKED THIRD PARTY WEBSITE OR MOBILE APPLICATION.
  • NOTWITHSTANDING THE INDEMNITIES GIVEN ABOVE, YOU HEREBY INDEMNIFY MR D FOOD AGAINST ANY LOSS OR DAMAGES  OF WHATSOEVER NATURE SUFFERED IN RELATION TO, OR IN CONNECTION WITH, THE USE OF MRD FOOD SERVICES FOR YOUR MEDIRITE ,RAIN AND PICK N PAY ORDERS. YOU HEREBY ACKNOWLEDGE THAT MRD FOOD IS ONLY A DELIVERY SERVICE IN RESPECT OF SUCH ORDERS.

22. Availability and termination

  • We will use reasonable endeavours to maintain the availability of the App, except during scheduled maintenance periods, but are entitled at any time to discontinue providing the App or any part thereof with or without notice to you.
  • MrD Food may in its sole discretion terminate, suspend and modify the App, with or without notice to you. You agree that MrD Food will not be liable to you in the event that it chooses to suspend, modify or terminate the App, other than for processing any orders made by you prior to such time, to the extent possible.
  • If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Food, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the App, without any prejudice to any claims for damages or otherwise that we may have against you.
  •  MrD Food is entitled to blacklist you on its database (including suspending or terminating your access to the App), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and MrD Food, in whole or in part, on notice to you:,

         for purposes of preventing suspected fraud or abusive behaviour towards staff; or


         where it suspects that you are abusing the App; or


        you have created multiple user profiles to take advantage of a promotion or Coupon intended

    by MrD Food to be used once-off by you.
  • MrD Food accepts no other liability which may arise as a result of such blacklisting and/or
    refusal to process any order.

23. Force majeure events

  • As between you and MrD Food, you and any Courier, Cloud Driver or any Restaurant, no party will be liable to any other party for any delay or failure in performing its obligations (excluding payment obligations) in terms of these Terms and Conditions due to an event beyond its control, including but not limited to, an act of God, fire, flood, earthquake or war.

24. Governing law and jurisdiction

  • These Terms and Conditions, the relationship between you and MrD Food, 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 will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
  • In the event of any dispute arising between you and MrD Food, 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 24 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

25. Notices

  • MrD Food 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"). MrD Food 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 MrD Food 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.

26. Information

For the purposes of the Electronic Communications and Transactions Act 2002, MrD Food’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: MM Mahlare, TA Ackermann
  • 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.

27. General

  • MrD Food 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 the user’s right to use the App, 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 MrD Food 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 MrD Food (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 MrD Food and no other warranty or undertaking is valid, unless contained in this document.

Part E - Current Competitions

28.

Part F - SnackMe

29. MR D FOOD SNACKME

Mr D Food SnackMe Gifts– purchase food vouchers for, or request food vouchers from, your friends and family via the SnackMe Gifts option on the App.
  • This initiative is promoted by Mr D Food ("Mr D Food", "us", "we" or "our").
  • Fees: There are no additional fees or charges involved in participating in the initiative.
  • Validity period: a SnackMe Gift is valid for 3 years from the date of purchase. Should a SnackMe Gift not be accepted or utilized within that 3 year period it will expire.
  • Personal InformationBy participating in the SnackMe Gift initiative, you consent to the use by Mr D Food or a third party nominated by Mr D Food of your personal information, so that you may send a SnackMe Gift (as a “Sender”), request a SnackMe Gift (as a “Requester”), or receive a SnackMe Gift or SnackMe Gift request (as a “Receiver”). As the Sender, you consent to Mr D Food accessing your telephone contact list on your mobile device to allow for the SnackMe Gift to be processed and sent to the recipient of your choice. As a Requester, you consent to Mr D Food accessing your telephone contact list on your mobile device to allow you to select a contact to request a SnackMe Gift from, for the SnackMe Gift request to be processed and sent to the recipient. This information will be used for the sole purpose of sending the SnackMe Gift or Gift request. If someone sends you a SnackMe Gift Request and you elect to send that person a SnackMe Gift, you then become a Sender and the person you gift becomes a Receiver for the purposes of these terms and conditions. If you are a Receiver of a SnackMe Gift, you consent to Mr D Food displaying your name on the SnackMe Gift homepage on the App of a Sender who has previously sent you a SnackMe Gift which you have accepted, to allow this Sender to regift you. If you are a Sender or a Receiver of a SnackMe Gift, you consent to your name being displayed in the live SnackMe Gift feed which will appear on the Mr D Food App and will be visible to other active App users when you send or accept a SnackMe Gift. Your name will be visible as a default option and you are able to change the visibility settings by using the SnackMe “Gifting Privacy” toggle in the App Settings, at any time. All personal information will be treated in accordance with our Privacy Policy, Part C.
  • Gift requests: you may request a SnackMe Gift from anyone on your mobile phone contact list. A SnackMe Gift Request link will be created and you can share this Gift Request link via any compatible third party sharing platform installed on your mobile device by selecting one in the popup menu. If the recipient of the Gift Request is an existing Mr D Food customer, the link will take them directly to the SnackMe Gift window on the App. Where the recipient of a Gift request is a new customer, the link will take them to the App store to download the Mr D Food App. You are not obligated to send a SnackMe Gift if you receive a SnackMe Gift request message. 
  • Gift acceptanceThe SnackMe Gift is linked to the cell phone number of the Receiver and the Sender must ensure that the correct cell phone number is used. The Receiver may only accept the SnackMe Gift using the cell phone number specified by the Sender.  The SnackMe Gift is not transferable and may not be exchanged for cash. For Receivers who are existing Mr D Food customers the SnackMe Gift will be delivered to the Receiver via email, in App message and/or App push notification. For Receivers who are new customers, a link will be sent to the Receiver’s cell phone number (as supplied by the Sender) via SMS and the SnackMe Gift can be redeemed via the App.
  • Gift valuesSnackMe Gifts can be applied to any item available for sale on the App. Minimum and maximum SnackMe Gift values will be set at the point of purchase and may be amended from time to time.  SnackMe Gifts may not be used to buy other SnackMe Gifts or Mr D Food vouchers and cannot be exchanged or refunded for cash or credit. However, if you use a SnackMe Gift and your order is rejected by the Restaurant or your sale is cancelled by Mr D Food, the value will be credited back to the SnackMe Gift. Where a SnackMe Gift is used and the order is accepted by the Restaurant, but the delivery could not be made due to courier failure, the order will be cancelled and the value credited to the Mr D Food wallet of the Receiver. Should you not be satisfied with your order, the terms and conditions in Part A, which relates to refunds, will apply.  Should you receive more than one SnackMe Gift, the SnackMe Gift values will not accumulate and will appear as individual SnackMe Gifts on the SnackMe Gift section of the App. 
  • SnackMe Gift useSnackMe Gifts will not be automatically applied to an order and you will have to select to apply a SnackMe Gift to a particular order. Only one SnackMe Gift can be applied per order. A SnackMe Gift may be cancelled by the Sender (at any time before it is accepted by the Receiver), and the value will be refunded and credited to the Mr D Food wallet of the Sender. Where the order value is less than the SnackMe Gift value, and the SnackMe Gift is partially used by the Receiver, the remaining balance will remain available on that specific SnackMe Gift. Where an order exceeds the SnackMe Gift value, the balance must be paid by the Receiver using any of the standard payment methods available on the App
  • Risk Your participation in the SnackMe Gift  initiative  is solely at your risk. Mr D Food is not responsible for any loss or unauthorised use of a SnackMe Gift or request. In the event a SnackMe Gift (or Gift request) SMS is deleted or is sent and the Receiver’s cell phone is lost and/or stolen with the SnackMe Gift (or Gift request), neither Mr D Food nor any of its agents will be liable for any reimbursement of any nature, whatsoever. Mr D Food will not be held responsible for any cellular network service operator's delay in sending or retracting the SnackMe Gift.     Mr D Food will not be held responsible for the Sender  or Requester entering the incorrect cell phone number of the Receiver, or any loss, including where the SnackMe Gift is accepted and used by someone other than the intended Receiver. The Sender or Requester warrants that they have obtained the cell phone number of the Receiver lawfully and are lawfully entitled to make contact with the Receiver. SnackMe Gifts may not be used for any illegal transactions. It is your responsibility to determine whether a transaction is legal or not. Misuse of the SnackMe Gift may constitute fraud and may lead to prosecution.

  • Cancellation/ Suspension of SnackMe Gifts: Mr D Food reserves the right to suspend or terminate the SnackMe Gift initiative, or to change the Terms and Conditions at any time.
  • SnackMe Gift profile name and personal SnackMe Gift messageYour SnackMe Gift profile name or SnackMe Gift message may not: (i) contain any foul language, obscenities, defamation, hate speech, discrimination or derogatory comments on the basis of political belief  or any otherwise inappropriate content (determined in our sole discretion) that may bring Mr D Food or bring any of its brands in disrepute; nor (ii) contain any content which may be harmful to Mr D Food or its associated companies in any way; nor (iii) infringe the intellectual property or other rights of Mr D Food or any of its brands, its associated companies or any third party; nor (iv) contain private or confidential information or such information which violates someone else's rights. We reserve the right to reject your SnackMe Gift profile name and/ or to decline the processing of a gift which we deem to be in contravention of our Terms and Conditions.