Terms of Service
Effective Date: 12 July 2026
1. Introduction
These Terms of Service ("Terms") govern your access to and use of the Foodusty website, mobile applications, and delivery services (collectively, the "Services"). Foodusty is operated by Foodusty (Pty) Ltd, a company registered in South Africa.
By accessing or using our Services, you agree to be bound by these Terms, our Privacy Policy, and our Refund and Cancellation Policy. If you do not agree, you may not use the Services.
2. Eligibility and Accounts
You must be at least 18 years old, or have the consent of a parent or guardian, to use Foodusty as a customer.
To place orders, you must create an account with accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials.
Restaurants, drivers, and agents must complete onboarding and verification before using partner features. Foodusty reserves the right to approve or reject any partner application.
3. Customer Orders
Foodusty provides a platform that connects customers with restaurants and delivery partners. Foodusty is not the seller of the food or products offered on the platform.
When you place an order, you authorise Foodusty to process payment on behalf of the restaurant and to arrange delivery through an available driver.
Prices, availability, and delivery fees are set by restaurants and Foodusty and are displayed before checkout. Taxes and service fees may apply where required by law.
You agree to provide accurate delivery instructions and a valid contact number. Orders may be delayed or cancelled if you cannot be reached.
4. Restaurant Partners
Restaurants must provide accurate menu information, including ingredients, allergens, pricing, and availability.
Restaurants are responsible for preparing orders to the standards advertised, complying with food safety laws, and packaging items appropriately for delivery.
Foodusty charges agreed commission and service fees on orders processed through the platform. Payout schedules and terms are provided in the partner agreement.
Restaurants may not redirect Foodusty customers to off-platform ordering or payment methods.
5. Drivers and Agents
Drivers are independent contractors, not employees of Foodusty. Drivers must hold a valid driver’s licence, vehicle insurance where applicable, and any permits required by local law.
Drivers agree to collect orders promptly, handle food safely, and deliver them within a reasonable time to the address provided.
Agents support onboarding, coordination, and customer service according to the scope of their agreement with Foodusty.
Drivers and agents must maintain professional conduct. Foodusty may suspend or terminate access for unsafe behaviour, fraud, or repeated service failures.
6. Payments and Fees
All payments are processed through secure third-party payment providers. Foodusty does not store full card details.
Customers agree to pay the total order amount, including food, delivery fees, service fees, and applicable taxes, at the time of order.
Refunds and credits are handled in accordance with our Refund and Cancellation Policy.
7. Prohibited Conduct
Users may not misuse the Services, including but not limited to: placing fraudulent orders, harassing drivers or restaurants, manipulating ratings, reverse-engineering the app, or using Foodusty for illegal purposes.
Accounts found to be in violation may be suspended, terminated, or reported to authorities.
8. Intellectual Property
All Foodusty branding, software, designs, logos, and content are the property of Foodusty (Pty) Ltd or its licensors and are protected by copyright and trademark laws.
You may not copy, modify, distribute, or create derivative works from our intellectual property without written permission.
9. Limitation of Liability
Foodusty provides the Services on an "as is" and "as available" basis. We do not guarantee uninterrupted or error-free service.
To the extent permitted by South African law, Foodusty’s liability is limited to the value of the disputed order or service fee, excluding indirect, consequential, or punitive damages.
Foodusty is not liable for the quality, accuracy, or safety of food prepared by restaurants, except where required by law.
10. Termination
Foodusty may suspend or terminate your account at any time for breach of these Terms, fraudulent activity, or conduct that harms the platform or other users.
You may close your account by contacting support@foodustry.co.za. Any outstanding obligations, such as pending orders or payments, must be settled before closure.
11. Changes to Terms
Foodusty may update these Terms from time to time. Material changes will be communicated through the app or by email.
Continued use of the Services after changes constitutes acceptance of the revised Terms.
12. Governing Law
These Terms are governed by the laws of the Republic of South Africa. Any dispute will be resolved in the courts of South Africa.
13. Contact Us
For questions about these Terms, please contact us at support@foodustry.co.za.
Foodusty (Pty) Ltd, South Africa.