1. Introduction

1.1 The App enables users to order and purchase items from any of the retail stores on the App (each a "Retailer").

1.2 These terms and conditions ("Terms and Conditions") govern the ordering, sale, delivery, and collection of items as ordered, and the use of the App. These Terms and Conditions are binding and enforceable against every person that accesses or uses the App), 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

2.1 These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act 2008 (the "CPA").

2.2 These Terms and Conditions contain provisions that appear in similar text and style to this clause and which:

      2.2.1 May limit the risk or liability of Mana Market or a third party; and/or

      2.2.2 May create risk or liability for the user; and/or

      2.2.3 May compel the user to indemnify (enter company name) or a third party; and/or

      2.2.4 Serve as an acknowledgment, by the user, of a fact.

2.3 Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

2.4 If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask (enter company name) to explain it to you before you accept the Terms and Conditions by continuing to use the App.

2.5 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 Mana Market in terms of the CPA.

 

3. How it works

3.1 You may order any item via the App. At the time of ordering, you are required to indicate your address, and then you will be given a selection of Retail stores. You will only be allowed to order items from that selection of Retail stores, which fall within the prescribed area as determined by Mana Market from time to time surrounding your given address.

3.2 ​​​​​​​Where you have ordered using the App, you may be given the choice of receiving the item by courier delivery.  We will indicate on the relevant product and checkout pages in the App which items are for sale by a particular Retail store. You can only order items from one Retail store at a time, in each order that you place.

3.3 ​​​​​​​You can only place orders for any item from a Retail store provided that it is open for business and active on the App. We may at any time suspend or terminate the availability of a Retail store on the App, in our sole discretion.

3.4 ​​​​​​​You acknowledge that, notwithstanding that the item may be ordered via the App, you place such order with the relevant Retail sore. The sale of items is solely between the registered user and the relevant Retail store. Neither Mana Market nor any party attending to the Courier Delivery (if applicable) is a party to that sale of any item. Mana Market only provides the platform to facilitate transactions between Retail stores and registered users in relation to any item as sold by the retail store. Mana Market is neither the buyer nor the seller of the item. Any claims the registered user may have in respect of the item shall be against the relevant Retail store.

3.5 ​​​​​​​Because we want you to have a safe and consistent experience, Mana Market will be your first point of contact for any complaints arising out of or in connection with the sale of any item between a registered user and a Retail store. Should such complaint escalate into being a dispute, although Mana Market is entitled to become involved in an attempt to resolve it, Mana Market is not obliged to do so and any disputes must be resolved between the registered user and the relevant Retail store.

 

4. Registration and use of the App

4.1 ​​​​​​​Only registered users may order any item via the App.

4.2 ​​​​​​​To register as a user via the App, you must provide Mana Market 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).

4.3 ​​​​​​​You will need to use your unique username and password to place an order via the App. You agree that a Mana Market 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.

4.4 ​​​​​​​You agree and warrant that your username and password (if applicable) shall:

      4.4.1 ​​​​​​​not be disclosed by you to any third party.

4.5 ​​​​​​​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.

4.6 ​​​​​​​You agree to notify Mana Market 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.

4.7 ​​​​​​​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 (company name) representative.

 

5. Conclusion of Sales and availability of items ordered

5.1 ​​​​​​​Registered users may place orders for items, which the Retail stores and/or Mana Market may accept or reject. The placing of an order will happen when payment is made by any of the acceptable payment methods is confirmed on the App. Whether or not the Retail store and/or Mana Market accepts an order depends on various factors, including but not limited to, the availability of the item as ordered, capacity for Courier Delivery, correctness of the information relating to the item (such as the price) and receipt of payment or payment authorisation (if applicable) by Mana Market for the item.

5.2 ​​​​​​​Mana Market will indicate the acceptance of your order 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:

      5.2.1 ​​​​​​​he Retail store in respect of the item; and

      5.2.2 ​​​​​​​if applicable, Mana Market in respect of the Courier Delivery services (if you requested Courier Delivery of the item).

5.3 ​​​​​​​This is regardless of any earlier communication from the Retail store and/or Mana Market stating that your order or payment has been confirmed. Mana Market 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.

5.4 ​​​​​​​Prior to the item being delivered to your nominated address or you being notified that the item is ready for collection (as applicable), we may reject an order or cancel a sale at any time due to: (i) the Retail store being unable to fulfil the order; (ii) Courier Delivery services not being readily available (if applicable); and/or (iii) any other reason in Mana Market sole discretion.

5.5 ​​​​​​​Should you wish to retract your order, you should contact Mana Market via telephone immediately, and Mana Market 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.

5.6 ​​​​​​​Placing any item in your shopping basket on the App without completing the purchase cycle does not constitute an order for an item, and as such, the item 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 Mana Market and/or the Retail store liable if such item 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.

5.7 ​​​​​​​Mana Market relies on information supplied to it by the Retail store relating to the item, and Mana Market accordingly bears no liability for any inaccuracies in such information supplied to it. You acknowledge that stock of all items on offer may be limited. Mana Market will take reasonable efforts to ensure that when items is no longer available, offers thereof are discontinued on the App. However, we cannot guarantee the availability of any item. When the item is no longer available after you have placed an order, Mana Market 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.

5.8 ​​​​​​​You also acknowledge that the pricing of any item may change at any time without notice to you, but no price change will affect any item 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.

5.9 ​​​​​​​Any dispute regarding inaccurate information relating to a Retail store, item pricing errors or sold-out items should be resolved between you and the relevant Retail store; your respective rights and obligations being as set out in these Terms and Conditions.

 

6.0 Conclusion of Sales and availability of item ordered

6.1 ​​​​​​​For each order, you will be charged:

      6.1.1 ​​​​​​​the total item price by the relevant Retail store;

      6.1.2 ​​​​​​​where you have selected Courier Delivery, a Courier Delivery service fee by Mana Market, alternatively a driver service fee by the Driver; and

      6.1.3 ​​​​​​​where you have ordered from certain Retail store as indicated on the App, a personal shopper fee by Mana Market may be charged in addition to the Courier Delivery service fee, where such charges are as reflected on the App at the time you place the order (together, the "order charges").

6.2 ​​​​​​​If specifically requested by you, Mana Market will provide you with a valid invoice for any fees charged by it or the 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 items as a line item. Please contact the relevant Retail store directly if you require a valid invoice in respect of the purchased item. Contact details of the Retail store can be requested from Mana Market national call centre. If any Retail store 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.

 

7. Payment

7.1 ​​​​​​​Mana Market will receive payment of all order charges and will pay the items-related portion thereof to the relevant Retail store. We are authorised to receive payment for the item on behalf of the Retail store and payment made by you to us for the full price of the item will discharge your payment obligations to the Retail store.

7.2 ​​​​​​​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):

      7.2.1 ​​​​​​​Cash on delivery: Cash payments may only be made to Mana Market or its nominee upon receipt of the item 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.

      7.2.2 ​​​​​​​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 Mana                      Market or under Mana Market control, and for which you acknowledge Mana Market is not responsible in law. Such payment gateway is however committed to upholding strict security standards, and at no stage will Mana Market 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 item 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.

8. Delivery of items

8.1 ​​​​​​​If you order any item for Courier Delivery by Mana Market or its nominee (i.e. a Mana Market franchisee, an independent contractor or Driver) (the "Courier"):(i) you are required to indicate the physical address to which the item 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 any item from Retail store within the prescribed range (as determined by Mana Market from your Delivery Address.

8.2 ​​​​​​​If you order any item for Self-collection: (i) you should indicate a physical address, in order for Mana Market to provide you with a selection of Retail stores in such area; and (ii) you will only be allowed to order items from such Retail stores.

8.3 ​​​​​​​Where you have requested the item to be delivered to you by way of Courier Delivery and you have received an Acceptance Notice:

8.3.1 ​​​​​​​the Courier will endeavor to deliver the item 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 Retail store in relation to your order may result in a delay of the delivery of the item, but the Courier will continue with its efforts to deliver the item to you as soon as possible in the circumstances; and

      8.3.2 ​​​​​​​Our obligation to deliver the item is fulfilled when the Courier delivers the item to the Delivery Address. The Courier is only responsible for the delivery of the item 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 item 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 item, 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 Mana Market nor the Retail store is responsible for any loss or unauthorised consumption of the item, after the Courier has delivered the item to the Delivery Address.

8.4 ​​​​​​​Where you have ordered the item for Self-collection from the Retail store and you have received an Acceptance Notice:

      8.4.1 ​​​​​​​you or your nominee should display a copy of the Acceptance Notice to the Retail store upon collection of the item; and

      8.4.1 ​​​​​​​the Retail store is responsible for making the item 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 item or respond to our or the Retail store telephone calls, within 60 minutes after the estimated collection time, the Retail store may dispose of the item in any manner which it deems fit and you will remain liable for payment of the item. Any dispute regarding the Retail store failing to make the item available at the collection time or within 60 minutes thereafter, should be resolved between you and the relevant Retail store; your respective rights and obligations being as set out in these Terms and Conditions.

 

9. Errors

9.1 ​​​​​​​We shall take all reasonable efforts to accurately reflect or inform you of the item 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.

10. Complaints

10.1 ​​​​​​​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 item quality, if you receive the wrong item or if you receive item which is not as described on the App.

10.2 ​​​​​​​Save where we determine in our sole discretion that the cause for the complaint was due to the fault of Mana Market, we will communicate your complaint to the relevant Retail store, and thereafter the matter will need to be resolved by the parties to the Sale of the item, being you and the Retail store, and Mana Market shall bear no liability in relation to such complaint.

 

11. Privacy Policy

11.1 ​​​​​​​We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.

11.2 ​​​​​​​Should you decide to register as a user via the App, we may require you to provide us with personal information that 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,

11.3 ​​​​​​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.

11.4 ​​​​​​​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.

11.5 ​​​​​​​Should you decide to register as a user via the App, 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:

      11.5.1 ​​​​​​​in relation to the ordering, sale and delivery of any item;

      11.5.2 ​​​​​​​to contact you regarding current or new items or services or any other goods offered via the App (unless you have opted out from receiving marketing material from us);

      11.5.3 ​​​​​​​to inform you of new features, special offers and promotional competitions offered by us or any of our franchisees, divisions, affiliates, partners and/or Retail stores (unless you have opted out from receiving marketing material from us); and

      11.5.4 ​​​​​​​to improve our product selection and your experience of our App by, for example, monitoring your browsing habits, or tracking your sales on the App; or

       11.5.5 ​​​​​​​disclose your personal information to any third party other than as set out below:

            11.5.5.1 ​​​​​​​to our employees, franchisees, third party service providers, Drivers and Retail stores who assist us to interact with you via our App, email or any other method, for the ordering of items or when delivering any 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;

            11.5.5.2 ​​​​​​​to our franchisees, divisions, affiliates, partners and/or Retail stores (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);

            11.5.5.3 ​​​​​​​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; 

            11.5.5.4 ​​​​​​​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

            11.5.5.5 ​​​​​​​to our franchisees, third party service providers and/or Retail stores 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.

11.6 ​​​​​​​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. Mana Market 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 fraudulent online payment, Mana Market 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.

11.7 ​​​​​​​We will ensure that all of our employees, affiliates, franchisees, third party service providers, Drivers, divisions, partners and Retail stores (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.

      11.7.1 ​​​​​​​treat your personal information as strictly confidential, save where we are entitled to share it as set out in this Privacy Policy;

      11.7.2 ​​​​​​​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;

      11.7.3 ​​​​​​​provide you with access to your personal information to view and/or update personal details;

      11.7.4 ​​​​​​​promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;

      11.7.5 ​​​​​​​provide you with reasonable evidence of our compliance with our obligations under this Privacy Policy on reasonable notice and request; and

      11.7.6 ​​​​​​​upon 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.

11.8 ​​​​​​​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.

11.9 ​​​​​​​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.

11.10 ​​​​​​​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 (company name), (COMPANY NAME) 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.

 

12. Limitation of liability

12. ​​​​​​​Mana Market cannot be held liable for any inaccurate information published on the App and/or any incorrect prices displayed on the App or communicated, save where such liability arises from the gross negligence or wilful misconduct of Mana Market, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to (company email) or by phone at Mana Market.

12.2 ​​​​​​​Mana Market 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 Mana Market is liable to you, such liability shall be limited to the order charges relating to your particular order.

12.3 ​​​​​​​You hereby indemnify Mana Market 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.

12.4 ​​​​​​​Notwithstanding the indemnities given above, you hereby indemnify Mana Market against any loss or damages of whatsoever nature suffered in relation to, or in connection with, the use of Mana Market services for your food order. You hereby acknowledge that Mana Market is only a delivery service in respect of your food order.

 

13. Availability and termination

13. 1​​​​​​​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.

13.2 ​​​​​​​Mana Market may in its sole discretion terminate, suspend and modify the App, with or without notice to you. You agree that Mana Market 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.

13.3 ​​​​​​​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 item, 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.

 

13.4 ​​​​​​​Mana Market is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the App and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Mana Market to be used once-off by you, 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 Mana Market, in whole or in part, on notice to you. Mana Market accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.

14. Force majeure events

14.1 ​​​​​​​As between you and Mana Market, you and any Courier, Driver or any Retail, 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.

 

 

15. PAYMENT POLICY FOR MANA MARKET T/A AS MANA360 TECHNOLOGIES (PTY) LTD FOR DRIVER 
 
15.1 Payments Mana360 Technologies will collect the delivery Fee paid via Mana Market on behalf of the drivers/partners. The drivers/partners will keep all the cash delivery fees collected. Drivers/Partners who uses the motor bike and three/ fours door motor vehicles are paid a standard delivery fee of R22 for 6km radius. For kilometers more than 6km the drivers/partners will be paid the pickup fee, drop-off fee and for the distance from pick-up to the user less the 1% administration fee. If the driver has to do more than one drop-off the partner/driver will get a drop-off fee for each different address that the driver has to deliver to. Bakkies, Van or Mini-van For the partners/drivers who uses mini-vans, vans or bakkies, will be paid a delivery Fee less 20% commission. Earnings Partner/Driver earnings will be transferred into the partner/driver bank account twice a week. Mana360 Technologies will make payments on Tuesdays and on Fridays.  Payments made on Friday is for the transactions that occurred during the week, from Monday at 00:00 to Thursday at 23:59. Payments made on Tuesday is for the transactions that occurred during the weekend, from Friday at 00:00 to Sunday at 23:59. 
 
15.2 Cancellation When a user cancels more than 2 minutes after the driver has accepted to pick-up and deliver the order, the driver who uses the motor bike, three door and four door motor vehicles will be paid the standard cancellation fee of R5. For the drivers/partners who uses the mini-van, van or bakkies will be paid a standard cancellation fee of 5% of the total estimated amount for the delivery. 
 
15.3 If the user cancels the order after the driver has picked it up the order, the partner/driver will receive a payment equal to the pick-up fee plus drop-off fee plus estimated distance fee. If the driver is unable to find the user, the driver can cancel the order after waiting for 8 minutes and receive a full payment of the delivery fee.

 

Disclaimer

 

Mana360 Technologies is a company registered in South Africa, registration number 2018/644141/07. This message contains confidential information and is intended only for the intended recipients. If you are not an intended recipient you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. E-mail transmission cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender, therefore, does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission. If verification is required please request a hard-copy version.