SheshaDotcom Food Delivery Mobile Application Terms and Conditions

 

  1. Introduction
  • The SheshaDotcom mobile application and website is available for download from Playstore and Appstore, accessible on electronic devices. The App is operated and owned by SheshaDotcom (PTY) LTD.
  • The App gives the user an ability to order and purchase food, beverages and other food products from any of the listed or available restaurants on the App.
  • These Terms and Conditions regulate the ordering, sale, delivery, and collection of food, together with the use of the App. These Terms and Conditions are binding and against any every person that accesses or uses the App. This includes and without limitation each user who registers as contemplated below as follows. By using the App, you acknowledge that you have read and agree to be bound by these Terms and Conditions. Do not use the App or Telephone service if you do not agree to the Terms and Conditions.
  1. Important Notice
  • These Terms and Conditions apply to users who are consumers for the 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 SheshaDotcom or third party; and/or
    • May create risk or liability for the user; and/or
    • May compel the user to indemnify SheshaDotcom
    • Serve as an acknowledgement, by the user, of a fact.
  • The user needs to pay attention to these Terms and Conditions as they are very important and should be read very carefully.
  • If there is anything that you do not understand in these Terms and Conditions, it is your responsibility to contact SheshaDotcom either by a call or email and ask SheshaDotcom to explain the Terms and Conditions to you before continuing to use the App.

 

  1. How it works
  • When you open the SheshaDotcom App you will be required to indicate your address then a list of restaurants will appear.
  • When ordering with the App you will only have the option of receiving your order via delivery.
  • From the list of restaurants, you can only place an order from one restaurant at a time. Meaning if you want to order from two restaurants you will be required to pay two delivery fees.
  • You can only place an order from a restaurant that is active on the SheshaDotcom App.
  • After selecting your order, you will be asked to pay via instant EFT on the App or by cash on delivery.

 

  1. Registration and use of the mobile application
  • Only registered users will be allowed to make use of the App.
  • To register or sign up on the SheshaDotcom App you must provide SheshaDotcom with your email address or cellphone number and other personal information that may be required from you. You will then be required to select your own password or SheshaDotcom may generate one for you which you may change at your own discretion.
  •  By registering on the App you agree that a SheshaDotcom operator can call you to confirm your information when you order from by using the App.
  • By registering on the App you agree that you will not share your registration personal details to any third party.
  • By registering on the App you agree that once your registration personal details have been entered or used, irrespective of whether the use of your personal details have been authorized or not, you will be liable for the payment of any order placed on the App.

 

  1. Acceptance/Rejections of orders and food availability
  • After placing an order on the SheshaDotcom App your order may be accepted or rejected by the restaurant. Placing an order on the App will only occur after a payment has been made by any of the listed payment methods in heading 7 and after confirmation has been made on the App. Whether or not a restaurant accepts or rejects an order is depended on different factors like food availability, availability of drivers, and correctness of information like food prices and receipt of payment.
  • Once your order has been accepted, SheshaDotcom will send you proof of acceptance via email or by notification on the SheshaDotcom App. Once your order has been accepted the agreement between you(the user), the restaurant and SheshaDotcom will come into effect.
  • In the case where your order will be rejected, SheshaDotcom will send you an email that your order has been rejected or send a notification on the App and will credit your wallet with the amount you have already paid.
  • When your order is about to be delivered to the designated delivery address SheshaDotcom may reject or cancel the order at any time due to the restaurant no being able to fulfill the order, driver not being available and any other reason in SheshaDotcom’s sole discretion.
  • If you wish to cancel your order you should contact SheshaDotcom by telephone immediately and SheshaDotcom will make means of canceling your order.
    • Once you place an order you will not be able to cancel or change it.
    • It is important to call SheshaDotcom if you wish to cancel your order as you will not be able to cancel it on the App. As much as you will not be able to cancel the order, calling SheshaDotcom may help you change or cancel your order.
  • Placing an order in your cart on the SheshaDotcom App without completing the whole purchasing process does not guarantee that your order will be placed. Food may be removed from your shopping cart if it is no longer available in the restaurant. SheshaDotcom and the restaurant will not be liable if such food is not available or if prices have changed at the time you decide to finish the purchase process.
  • SheshaDotcom relies on restaurants to provide them with information such as available food, images and prices therefor SheshaDotcom holds no liability for the inaccuracy of such information. By using the App you acknowledge that the food advertised on the App may be limited. SheshaDotcom will always try to ensure that food that is not available in the restaurant is discontinued on the App.
  • By using the App you acknowledge that the pricing of food can change without notice to you. In the event of a pricing error, SheshaDotcom may reject or cancel an order where you will receive a refund for  that order.
  • By using the SheshaDotcom App you agree that you will be charged a fee for the food and beverages, together with the delivery fee.

It is your responsibility to know each and every ingredient used in all the food advertised on the app and it is also you responsibility to make sure the restaurant excludes any unwanted ingredients by telephone if those exclusions cannot be made on the SheshaDotcom App. We do not guarantee that the food will be free of any allergens and we disclaim any liability relating to any ingredients or allergens contained in food.

  1. Alcohol sales
  • By using the SheshaDotcom App you agree that you are 18 years of age and above and you are of full legal capacity. If you are under the age of 18 years you agree that you may only use the SheshaDotcom App under the supervision of your parents or legal guardian. You may only use this App if your parent or legal guardian agrees to be bound by these terms and conditions and to be liable and responsible for you and all the other obligations under these Terms and Conditions.
  • Restaurants and SheshaDotcom may not sell alcohol products if you are under the age of 18 even though you are under supervision of a parent or legal guardian. You may be requested to provide proof of your age before any alcohol products can be sold or delivered to you. If a driver gets to you and finds out you are under the age of 18 he will return with the alcohol products and you will be liable for the full payment.

 

  1. Payment
  • SheshaDotcom has permission to collect or receive payments for food on behalf of the relevant restaurant in and will thereafter transfer your payment to the relevant restaurant.
  • Payment for your order can be made in the following ways:
    • Instant EFT. In cases where payment will be settled by EFT, you may be required to provide additional information for your payment to be validated and verified. When you are ready to checkout, you will be redirected to the secure site of SheshaDotcom’s payment gateway which is not owned or controlled by SheshaDotcom. This payment gateway will be a third party platform that holds strict security protocols and under no circumstances will we store your banking details. SheshaDotcom reserves the right to not process the order until SheshaDotcom gets proof that the payment has went through. If we do not receive the proof, your order will be cancelled immediately. By using this instant EFT method you agree that you have permission to use the banking details you are using for the purposes of making this payment. You also agree that your account has sufficient funds to cover all the charges of the payment.
    • Credit card. In cases where payment will be settled by credit card, you may be required to provide additional information for your payment to be validated and verified. When you are ready to checkout, you will be redirected to the secure site of SheshaDotcom’s payment gateway which is not owned or controlled by SheshaDotcom. This payment gateway will be a third party platform that holds strict security protocols and under no circumstances will we store your banking details. SheshaDotcom reserves the right to not process the order until SheshaDotcom gets proof that the payment has went through. If we do not receive the proof, your order will be cancelled immediately. By using this instant EFT method you agree that you have permission to use the banking details you are using for the purposes of making this payment. You also agree that your account has sufficient funds to cover all the charges of the payment.
    • Cash on delivery. Cash payments will be accepted by a SheshaDotcom driver upon delivery of receiving your order. By using this cash on delivery method you agree that you have sufficient cash to cover all the charges of the outstanding payment.
  • Only one payment method can be used to settle the bill and a combination of payments methods (Instant EFT and cash on delivery) will not be allowed.
  • The information is explained more in detail in our FAQ.

 

  1. DELIVERY OF FOOD

When you order food from the SheshaDotcom App, it is your responsibility to provide us with a valid physical address to which the food should be delivered to. SheshaDotcom does not take responsibility or liability for you providing an invalid address. If you provide SheshaDotcom with an invalid or wrong address, SheshaDotcom reserves the right to cancel your order.

You are not allowed to change your delivery address after submitting your order.

Deliveries will only be made to areas that fall under the prescribed delivery radius as determined by SheshaDotcom from your delivery address.

  • After putting in a delivery request from the SheshaDotcom App and after you have received the acceptance notification:
    • A driver will be dispatched to deliver the food to your nominated address by the estimated delivery time communicated through the acceptance notification. Please note that the communicated delivery times are not always guaranteed and might be adjusted by SheshaDotcom to our practical and reasonable discretion. Please note that the driver will always try to deliver the food to you as soon as reasonably possible regardless of factors like unfavorable weather conditions, traffic or delays in the restaurant in relation to your order.
  • The SheshaDotcom Driver is only responsible to deliver the order to the designated delivery address. If the driver gets to the designated delivery address and you fail to be available and fail to answer your phone in 10 minutes, the driver has the right to leave the designated delivery address together with your order where you will be liable for the full payment of the food and the delivery fee. It is your responsibility to arrange for someone else to collect and pay for your order (if the payment has not been made yet) at the designated delivery address if you will not be available.
  • If the SheshaDotcom driver leaves the delivery address because no one was available to collect the order and you wish for him to return, you will be charged double the delivery fee because the driver would have made two trips on your behalf.
  • SheshaDotcom and Restaurant is not responsible for any loss, damage or unauthorized consumption of the order after the order has been delivered to the designated delivery address.
  • For any further information in regards to deliveries please refer to the FAQ section.
  1. Errors

We take responsibility in making sure that we reflect the correct images, prices, food description and food availability. If it happens that an error of any kind occurs on the App which is not due to our negligence, we will not be liable for any loss, claim or expense that has occurred due to any kind of error.

  1. Compliant

As SheshaDotcom we want to give the best service as reasonably possible to all our customers. If you have any complaints about the service or food your received, whether it can be an issue with the quality of the food, quantity of the food or if you have received a wrong order please contact us on complaints@sheshadotcom.co.za or +2776 696 5048.

 

11. Privacy Policy

We at SheshaDotcom, Inc. (“SheshaDotcom,” “we,” “us,” or “our”) have created this privacy policy (this “Privacy Policy”) because we know that you care about how information you provide to us is used and shared. This Privacy Policy relates to the information collection and use practices of SheshaDotcom in connection with our Direct ordering Platform, Discover marketplace Platform and our other Services.

By using our Services, you are agreeing to the terms of this Privacy Policy and the accompanying Terms of Service.

Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in our Terms of Service.

When you provide us with any Personal Information (as defined below), you consent to SheshaDotcom’s collection, use, disclosure, and retention of your information in accordance with this Privacy Policy and as otherwise permitted by law.

Disclaimer

  • The use of the SheshaDotcom App is entirely at your own risk and you take full responsibility for any risk or loss resulting from such use on any information on the App.
  • Although SheshaDotcom takes reasonable measures to ensure that content of the App is accurate and complete, SheshaDotcom 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 SheshaDotcom’s representatives, SheshaDotcom Food shall not be bound thereby.
  • SheshaDotcom 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 SheshaDotcom, 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 SheshaDotcom, its employees, agents or authorised representatives. SheshaDotcom 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

 

 

The information we collect

  1. Personal information

When you sign up to become a Registered User or enter a promotion or our referral program, you may be required to provide us with personal information about yourself, such as your name, address, phone number, and e-mail address (collectively, the “Personal Information”). We do not collect any Personal Information from you when you use our Services unless you provide us with the Personal Information voluntarily (for example, by registering to use the Services or joining our e-mail list).

  1. Billing information

In order to submit orders through the SheshaDotcom App, you will be required to provide certain information in addition to the Personal Information noted above. Such information may include a debit card number, credit card number, billing address, and similar information (collectively, the “Billing Information”).

  1. Geolocational information

In order to provide access to the Services while you are using a mobile device, we automatically collect geolocational information from your mobile device, your wireless carrier, or certain third-party service providers (“Geolocational Information”). Collection of such Geolocational Information occurs only when the Services are running on your mobile device. You may control the collection of Geolocational Information through the user settings on your device. You may decline to allow us to collect such Geolocational Information, in which case SheshaDotcom will not be able to provide certain services to you. Please be sure to manage your mobile device and privacy preferences on the Platform on an ongoing basis.

Note that SheshaDotcom uses Google Maps and the Google Maps API as part of our online ordering system.  By using the SheshaDotcom App, iOS, or Android ordering systems you are also bound to the Google Maps APIs Terms of Service found here: https://developers.google.com/maps/terms-20180207#3-privacy-and-personal-information

  1. Other information

In addition to the Personal Information, the Billing Information, and the Geolocational Information, we may collect additional information regarding you and your use of our Services, your interactions with us and our advertising, as well as information regarding your computer or other devices used to access our Services (collectively, the “Other Information”). Such Other Information may include:

  •  From You. Additional information about yourself that you voluntarily provide to us, such as your food orders, gender, birthdate, interests, favourite foods, and favourite restaurants.
  • From Your Activity. Information that we automatically collect when you use the Services, such as (i) information about the device from which you access the Services (i.e., the type of device, the advertising identifier (“IDFA” or “AdID”), the operating system and version (for example iOS, Android or Windows), your carrier and network type (WiFi, 3G, 4G, LTE); (ii) your IP addresses (which may consist of a static or dynamic IP address and will sometimes point to a specific identifiable computer or device); (iii) browser type and language; (iv) referring and exit pages and URLs; (v) date and time; (vi) amount of time spent on particular pages; (vii) what features of the Services you use or visit, including your use of either Direct or Discover (or both); (viii) what you order and from which restaurants; and (ix) similar information concerning your use of the Services.
  • From Cookies. Information that we collect using “cookie” technology. Cookies are small packets of data that a website stores on your computer’s hard drive so that your computer will “remember” information about your visit. We use cookies to help us collect Other Information and to enhance your experience using the Services. Specifically, we use cookies to authenticate users, personalize your experience when using the Services, analyze which features of the Services you use most frequently, and measure and optimize advertising and promotional effectiveness. To do this, we may use both session cookies, which expire once you close your web browser, and persistent cookies, which stay on your computer until you delete them. If you do not want the Services to place a cookie on your hard drive, you may be able to turn that feature off on your computer or mobile device. Please consult your Internet browser’s documentation for information on how to do this. However, if you decide not to accept cookies from us, the Services may not function properly. When the Services are made available to you through Facebook (via our Plugin) and/or other third-party sites, please be aware that these other sites maintain their own policies regarding cookies and the collection and use of information. You are responsible for reviewing those policies.
  • From Other Sources. Information that we collect or receive from Facebook and/or other sites on which you have used the Services in accordance with their terms of use and privacy policies and applicable law.
  • Third-Party Analytics. We use third-party analytics services (such as Google Analytics) to evaluate your use of the Services, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the Services and mobile and Internet usage. These third parties use cookies and other technologies to help analyze and provide us the data. By accessing and using the Services, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy. The information used by such analytics services is generally at the aggregate level. To the extent any such information is at the individual level or is used for secondary marketing purposes.


For more information on Google Analytics, including how to opt out from certain data collection, please visit https://www.google.com/analytics. Please be advised that if you opt out of any service, you may not be able to use the full functionality of the Services.

  1. ACCESSING AND MODIFYING PERSONAL INFORMATION AND COMMUNICATION PREFERENCES

If you have registered for the Services, you may access, review, and make changes to your Personal Information, Billing Information, and certain Other Information by following the instructions found on SheshaDotcom the App. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any SheshaDotcom marketing email. Registered Users cannot opt out of receiving transactional e-mails related to their account. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases. In such case, we will provide you the reason why the modification or removal was not possible.

  1. HOW WE USE AND SHARE INFORMATION

We use the Personal Information and the Other Information to provide you access to and use of the Services, solicit your feedback, inform you about our products and services and those of our third-party marketing partners, to administer our rewards, referral, and promotional programs, and to improve our service to you. We use the Billing Information to process your orders, and we use the Geolocational Information to recommend nearby restaurants to you. Also, we may share Personal Information, Billing Information, Geolocational Information, and/or Other Information as described below.

  • In order to provide you our services, we need to share your name, phone number, meal order, and, if you are ordering for delivery, your physical address with the restaurants from which you order and with any third parties that are involved in, or provide services in connection with, such orders, such as delivery services, licensees of our Platform, and similar parties. Such parties will use such information in accordance with the terms of their privacy policies.
  • In order to administer our rewards, referral, and promotional programs, we may share your Personal Information and Other Information with the restaurants from which you order and delivery services that deliver your orders.
  • We may from time to time share Personal Information and/or Other Information with other companies who may provide you information about the products and services they offer. However, to the extent required by law, you will be given the opportunity to opt-out of such sharing.
  • In an ongoing effort to better understand our users and our Services, we might analyze the Other Information and the Geolocational Information in aggregate form in order to operate, maintain, manage, and improve the Services. This aggregate information does not identify you personally. We may share this aggregate data with our affiliates, agents, and business partners. We may also disclose aggregated user statistics in order to describe our products and services to current and prospective business partners and to other third parties for other lawful purposes.
  • We may employ other companies and individuals to perform functions on our behalf. Examples may include providing marketing assistance, order fulfillment, billing, and customer service. These other companies will have access to the Personal Information, the Billing Information, the Geolocational Information, and the Other Information only as necessary to perform their functions and to the extent permitted by law.
  • As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Personal Information, Billing Information, Geolocational Information, and Other Information may be part of the transferred assets.
  • To the extent permitted by law, we may also disclose Personal Information, the Billing Information, the Geolocational Information, and the Other Information when required by law, court order, or other government or law enforcement authority or regulatory agency, or whenever we believe that disclosing such information is necessary or advisable, for example, to protect the rights, property, or safety of SheshaDotcom or others.

We will take reasonable measures to require that the party receiving any of your Personal Information undertakes to: (i) retain and use such information only for the purposes set out in this Privacy Policy; (ii) not disclose your Personal Information except with your consent, as permitted by law, or as permitted by this Privacy Policy; and (iii) generally protect the privacy of your Personal Information.

  1. HOW WE PROTECT YOUR INFORMATION

We take commercially reasonable steps to protect the Personal Information, the Billing Information, the Geolocational Information, and the Other Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from the Platform may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.

  1. EXTERNAL WEBSITES, GOOGLE PAY, AND APPLE PAY

The Services may contain links to third-party websites. SheshaDotcom has no control over the privacy practices or the content of any of our business partners, advertisers, sponsors, or other websites to which we provide links. As such, we are not responsible for the content or the privacy policies of those third-party websites. You should check the applicable third-party privacy policy and terms of use when visiting any other websites.

Please be advised that your use of Google Pay or Apple Pay is subject to the terms and conditions, including the privacy policies, of Google and Apple, respectively.

 

 

  1. CHANGES TO THIS PRIVACY POLICY

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time, and will notify you of such changes (e.g., posting any changes on the Services, e-mailing you, or prompting you via a popup). By accessing the Services after we notify you of such changes to this Privacy Policy, you are deemed to have accepted such changes. Please refer back to this Privacy Policy on a regular basis.

 

  1. HOW TO CONTACT US

If you have questions about this Privacy Policy, please e-mail us at info@sheshadotcom.co.za or call us at +2772 696 5048.