These Terms govern access to and use of the mobile and web application and related websites and services operated by Flavoursome Online (Pty) LTD (“Platform”, “Flavoursome”, “we”, “us”, “our”).
By registering, installing, or using the Platform you accept these Terms and any policies incorporated by reference.
Definitions:
User: Consumer who orders food
Vendor: Independent food business listed on the Platform
Order: Purchase placed through the Platform
Delivery Partner: In-house courier or third-party courier
Payment Provider: Third-party payment processor
Goods: Food and beverages sold
Services: The Platform, order processing, delivery facilitation
Account: User or Vendor account
Users must be at least 18 years old or have legal capacity to contract in South Africa.
Account creation requires accurate, complete information; you must update changes promptly.
You are responsible for maintaining confidentiality of your account credentials and for activity under your account; notify us immediately if you suspect unauthorised use.
We may require identity verification and may suspend or terminate accounts for suspected fraud, unlawful activity, or breach.
Orders placed on the Platform are offers to purchase. An Order is accepted when the Vendor or the Platform sends an order confirmation in the form of a one-time pin (OTP).
Prices displayed are in South African Rand and include VAT where shown. Delivery, service or other fees are shown at checkout.
Payment is processed by the Payment Provider selected; payment may be charged at time of order, or paid into the platform wallet to be used for future purchases on the platform only.
We may preauthorise payment cards. Payment disputes must be raised within 14 days of the transaction.
Promotions and coupons have stated terms, expiry, and may be revoked if misused. No cash value unless stated.
Refunds are processed according to the reason for refund: incorrect charge, cancelled order, non-delivery, non-pickup, or poor quality, subject to investigation.
Refunds will generally be credited to the customer account wallet and can be used towards future purchases on the app, within 7–14 business days.
Once the wallet has accumulated R200, the Buyer may withdraw the amount by email request sent to info@flavoursome.co.za.
We reserve the right to cancel Orders where there is a manifest pricing error or Vendor cannot fulfil the Order; customers will be notified and refunded, according to Flavoursome’s refund policy.
Vendors are independent contractors operating separate businesses. Vendors set menus, prices and fulfil Orders unless otherwise agreed.
Vendors represent and warrant they hold all required licences, approvals and insurance for food preparation and sale and will comply with applicable food safety, health and hygiene laws of the country they reside in.
Vendors are responsible for the accuracy of menu descriptions, ingredient and allergen information, and for packaging suitable for delivery. It is recommended that all allergen information is bolded in the listings.
The Platform may remove or suspend Vendor listings for safety, legal, or quality concerns or on notice where Vendor breaches these Terms.
The Platform charges Vendor commissions and fees according to the Vendor agreement, unless specified and agreed in a separate special Vendor Agreement between Flavoursome and the Vendor.
Settlement cycles are set out in the vendor agreement.
The Vendor is responsible for ensuring their own safety at pick-up or delivery of orders.
Delivery may be performed by User pick-up, Vendor (Vendor-fulfilled), Platform in-house couriers, or independent third-party couriers subject to availability. The checkout page specifies the chosen method.
Title and risk in Goods pass to the User on delivery to specified address, or on Pick-up by the User, and acceptance of the associated Order OTP entered into the platform.
Users must provide accurate delivery addresses and access instructions and be present to accept delivery. Failed delivery attempts may incur re-delivery or cancellation fees.
Delivery or Pick-up times are estimates. If delivery is accepted by the User as the preferred method of receiving the Goods, and is materially late and not delivered within the specified time window by fault of the Vendor or Delivery service, or food is unacceptable, Users must report within 2 hours of delivery where possible; we will investigate and, where appropriate, arrange refunds, as per the refund policy.
If Pick-up or delivery is unsuccessful due to being materially late and not delivered within the specified time window by fault of the User, the refund will be credited to the user account, and the Vendor reserves the right to resell the food to another user.
The User is responsible for ensuring their own safety at pick-up or delivery of orders.
Vendors must follow food safety and hygiene standards and provide accurate allergen information to the Platform.
Allergen and dietary information is provided in good faith. We and the Vendor cannot guarantee absence of cross-contact. Users with allergies or special dietary needs must take care and may contact the Vendor directly through the Platform before or during ordering.
Users must inspect food on delivery and report issues immediately. Claims for foodborne illness must be reported promptly; Users should preserve packaging and evidence and seek medical attention where necessary.
The Platform provides an intermediary service connecting Users and Vendors and does not prepare or supply food except where explicitly stated.
Except where law requires otherwise, we disclaim all implied warranties including fitness for a particular purpose. Vendors warrant the Goods comply with applicable laws.
To the extent permitted by law, our liability to Users for direct loss arising from our negligence or breach is limited to the amount paid for the relevant Order. We exclude liability for indirect, consequential, exemplary, or punitive damages.
Nothing in these Terms excludes or limits non-excludable rights under the Consumer Protection Act or other mandatory laws.
Users indemnify the Platform for claims arising from misuse of the Platform, fraudulent orders, inaccurate information provided by the User, or breach of these Terms.
Vendors indemnify the Platform for claims arising out of Goods, including food safety claims, infringements, failures to hold licences, or breach of Vendor obligations.
The indemnified party may assume control of defence and settlement of claims; indemnitors must cooperate.
The Platform and its content, marks, logos, and software are owned by us or licensed to us. Users and Vendors grant the Platform a non-exclusive, worldwide, royalty-free licence to use uploaded images, reviews, and menu content to operate and promote the Platform and partnered platforms under the Flavoursome brand.
We may moderate, remove, or refuse content that violates rights or these Terms. Complaints about IP infringement will be handled under our takedown process.
Our Privacy Policy describes how we collect, use, share and secure personal data in accordance with POPIA and other applicable laws. By using the Platform you consent to the Privacy Policy.
Personal data may be shared with Vendors, Delivery Partners, Payment Providers, and service providers for order fulfilment, payments, fraud prevention, and analytics.
Users consent to transactional messages and may opt out of marketing communications.
Complaints should be submitted through the in-app support flow or to info@flavoursome.co.za. We will acknowledge complaints and aim to resolve them within stated timeframes.
Users retain consumer rights under South African law; nothing in these Terms removes those rights.
These Terms are governed by the laws of the Republic of South Africa and the courts of South Africa have jurisdiction, subject to any consumer protection rules that provide otherwise.
We may modify the Platform, fees, or these Terms by posting updates in the App and by email to Users and Vendors where required. Material changes will be notified 14 days in advance unless immediate change is required for safety or legal reasons.
We may suspend or terminate accounts for breach, suspected fraud, or unlawful activity. Termination does not affect accrued rights and obligations.
Force majeure events excuse non-performance while the event continues.
If a provision is invalid, the remainder survives. These Terms and incorporated policies form the entire agreement between the parties.
Notices may be given electronically as described in our Notices section.
Users should provide honest reviews and ratings of Vendors, with Flavoursome reserving the right to moderate and remove content. It is your duty to check the Vendors’ ratings before purchasing.
Vendors should provide honest reviews and ratings of Users, with Flavoursome reserving the right to moderate and remove content. It is your duty to check the User’s ratings before selling.
The Vendor acknowledges and agrees that all Users introduced, referred, or connected to the Vendor through the Flavoursome Platform (“Introduced Users”) shall remain clients of the Platform for the duration of the Vendor’s engagement and for a period of twelve (12) months following termination of the Vendor’s account or agreement with Flavoursome.
The Vendor shall not, directly or indirectly, solicit, engage, transact, or enter into any commercial arrangement with any Introduced User outside the Platform, including but not limited to accepting orders, arranging delivery, or receiving payment, in a manner that circumvents the Platform’s ordering, payment, or commission systems.
Any attempt to bypass the Platform, including offering discounts, incentives, or alternative ordering channels to Introduced Users, shall constitute a material breach of these Terms and may result in immediate suspension or termination of the Vendor’s account, forfeiture of any outstanding payments, potential legal action, and a fine of R2000 payable by the Vendor.
Flavoursome reserves the right to monitor communications and transactions for the purpose of enforcing this clause and may investigate suspected circumvention. The Vendor agrees to cooperate fully with any such investigation.
This clause shall survive termination of the Vendor’s account or agreement and shall remain in effect for the duration specified in Clause 15.1.
