DigiDude Terms and Conditions / Terms of Service

V1.0 Updated 2020/06/15

Introduction

  • The DigiDude platform is a Multi-vendor marketplace and delivery system. Customer can access our service from our website www.digidude.co.za or DigiDude mobile applications available on iOS and Android.  The Apps are owned and operated by Dude Systems PTY Ltd ("Dude Systems T/A DigiDude”, "we", "us" and "our").

  • The system enables users to purchase food, products and services from locally available merchants listed on the system.

  • These terms and conditions ("Terms and Conditions") govern the ordering, purchasing of food, products and services (“Items” on the DigiDude platform (website, call center and apps). By downloading / installing our Apps or by using our platform you agree to be bound by and confirm that you have read the Terms and Conditions.

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 Dude Systems or a third party, and/or May create risk or liability for the user; and/or May compel the user to indemnify Dude Systems or a third party; and/or Serve as an acknowledgement, by the user, of a fact.

  • Please take note of the Terms and Conditions:

    • If you do not understand our Terms and Conditions, it is your responsibility to ask us to explain before accepting the Terms and Conditions and using our Services.

    • 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 DigiDude Food in terms of the CPA.

 

These Terms and Conditions are divided into three sections, as follows:
Part A - Orders and Sales
Part B - Privacy Policy
Part C - General Legal Terms

 

 

Part A – Orders and Sales

How it works

  1. You may order Food, products and services for delivery from the website or App, your address/GPS will be required. The system will match your requirements with locally available trading merchants.

  2. Food, Products and Services for delivery can be purchased on the platform using your Visa or Mastercard. Delivery is integrated and is handled by “Delivery Dudes” which is an agent-based delivery service.

  3. Liquor products can be delivered during legally permitted hours, pending government regulations.

  4. All orders/Purchases made on the platform are made between you the customer/buyer and the merchant/seller and that DigiDude only facilitates the transaction and cannot take any responsibility for errors between Seller and buyer. However we will assist customers rectify these errors.

 

Registration and use of the App

  1. Only registered users may use/purchase/order on the App or website.

  2. To register as a user via the App, you must provide DigiDude with your unique email address and telephone number, personal details and any other relevant information. You will be required to enter a password to secure your account.

  3. You will require you username and password to access our platform.

    • The safety of your account is your responsibility, do not share your username or password with others. You will be liable for all purchases made with your account.

    • If you doubt the security of your account change your password or contact us for help.

  4. App can only be used as legally intended, any illegal use or attempt to disrupt the working of the system will be met with legal actions.

 

Conclusion of Sales and availability of food, products and services

  1. Customers may place orders, which the merchant and/or DigiDude may accept or reject.

    • Acceptance or rejection will be shown as a notification on your App

    • Orders are accepted on various factors, including but not limited to, the availability, capacity for delivery, correctness of the information (such as the price) and receipt of payment or payment authorisation.

  2. Food, products and services are only actioned once payment has been confirmed on the app.

  3. You will be notified if order is cancelled with refund being paid into your wallet.

    • Funds in the wallet can be used immediately to make purchases or as credit for future purchases.  

  4. Prior to the Food being delivered or ready for collection, we may reject an order or cancel a Sale at any time due to:

    • The Merchant being unable to fulfil the order

    • Delivery service unable to fulfil the delivery

    • Any other reason in DigiDude’s sole discretion.

  5. Orders cannot be changed or cancelled once placed, please confirm the order is correct before placing it.

  6. Placing items in your shopping cart without payment does not constitute an order.

  7. Prices and availability may change without notice, DigiDude or Merchant cannot be held liable for changes or losses due to changes

  8. Items in cart do not secure availability or hold prices.

  9. DigiDude cannot be held responsible for errors in information supplied by merchants or 3rd party

  10. Any dispute regarding inaccurate information relating to a merchant should be resolved directly with the merchant.

  11. It is your responsibility to confirm any exceptions, changes or restrictions directly with the merchant

    • Allergies and special requirements must be discussed with merchant/food suppliers during the order process.

    •  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.

 

Minors, liquor and tobacco

  1. By using the App you warrant that you are older than 18 years of age 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 who is then bound and liable to these Terms and Conditions and responsible for you and all your obligations.

  2. Restaurants may not sell liquor or tobacco 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 tobacco products, should you fail to provide adequate proof or if you appear to be under the influence of drugs or alcohol the delivery will be denied and you will be held liable for the costs.

 

Order and delivery of medicine

  1. Orders of over the counter medicines can be made directly with our pharmacy merchants using the Digidude app.

  2. Delivery will only be made to the authorized person

  3. Conclusion of Sales and availability

    • For each order, you will be charged:

      1. The total price of requested food or product

      2. Delivery charge based on distance from merchant to customer and travelling time

    • All charges will be calculated at checkout

 

Payment

  1. Payment methods – the platform only uses Mastercard or Visa card payments

    • A secure paygate is used to make payment using card details supplied

    • DigiDude does not save or record your card information.

  2. DigiDude platform will process all payments made on the website/App and will make required payment to all merchants/drivers.

  3. We are authorised to receive payment for purchases on the platform on behalf of our merchants.

  4. By using the card on our platform you confirm that you are legally authorized to use the card

 

Delivery of food and products

  1. Current restrictions dictate that your need to meet new delivery criteria

    • A legal and compliant address

  2. Delivery times cannot be guaranteed

  3. The delivery is completed when the driver delivers the product to the listed address.

  4. If there is no one home or the door is not opened the driver can conclude the delivery after waiting 10minutes.

    1. If driver is delivering food he can leave the premises and return the food to the merchant at the customers cost. It is the customers responsibility to have someone available to accept food.

    2. For products the driver can conceal the package or leave it with neighbours if possible.

 

Errors

  1. We shall take all reasonable efforts to accurately reflect or inform you of the listed items description, availability, purchase price and 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.

 

Complaints

  1. We want you to be happy with your purchase. Please chat with us on the App or email complaints to hi@digidude.co.za

  2. Where we determine in our sole discretion that the cause for the complaint was due to the fault of DigiDude, we will communicate your complaint to the relevant merchant and thereafter the matter will need to be resolved by the parties to the Sale of items, being you (Customer) and the merchant. DigiDude food shall bear no liability in relation to such complaint.

 

Coupons and Vouchers

  1. DigiDude may from time to time issue coupons for use on the App towards the purchase of Food, products and services. Coupons can only be redeemed while they are valid and their expiry dates cannot be extended.

  2. Coupons are issued in DigiDude 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.

  3. Unless otherwise stated under the specific terms and conditions regulating the Coupon:

    1. each Coupon can only be used once

    2. only one Coupon can be used per order

    3. only one Coupon can be used per person per promotion/campaign on the App

    4. a Coupon must be used at check-out – it cannot be used later on existing orders

    5. Coupons with a percentage discount offer may only be redeemed on purchases with a total cart value less than R2,000

    6. 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.

    7. 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.

    8. DigiDude Food is not responsible for any loss or unauthorised use of a Coupon.

 

 

 

Part B - Privacy Policy

Privacy Policy

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

  2. 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 -

    • your name and surname;

    • your email address;

    • your physical address;

    • your identity number;

    • your mobile number;

    • your date of birth; and

    • your gender,

  3. Should your personal information change, please update it on the app.

  4. Please confirm that the information given is accurate and truthful.

  5. We reserve the right to update you about promotions in your area as a push notification on the App or by email

  6.  Information will be shared with 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;

  7. 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

  8. to our merchants 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.

  9. We are entitled to disclose your personal information if such disclosure is required in order to comply with any law, subpoena, court order or legal process served on us, or to protect and defend our rights or property.

  10. DigiDude undertakes never to sell or make your personal information available to any third party other than as provided for in this Privacy Policy.

  11. We will -

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

    • 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

    • provide you with access to your personal information to view and/or update personal details

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

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

    • 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.

  12. 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.

  13. 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.

  14. 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 DigiDude, DIGIDUDE 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.

 

 

Part C - General Legal

Changes to these Terms and Conditions

  1. DigiDude 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.

  2. 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.

Electronic communications

  1. 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 B above.

Ownership and copyright

  1. 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 DigiDude, its advertisers and/or sponsors, and/or is licensed to Dude Systems PTY Ltd.

  2. Any use, distribution or reproduction of the App Content is prohibited unless expressly authorised by an authorised DigiDude representative or otherwise provided for in law. To obtain permissions for the commercial use of any App Content, hi@digidude.co.za

 

Disclaimer

  1. 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.

  2. Whilst DigiDude takes reasonable measures to ensure that the content of the App is accurate and complete, DigiDude 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 DigiDude representatives, DigiDude shall not be bound thereby.

  3. DigiDude 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.

  4. Any views or statements made or expressed on the App are not necessarily the views of DigiDude, its directors, employees and/or agents.

  5. 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 DigiDude, its employees, agents or authorised representatives. DigiDude 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.

 

Linked third party websites

  1. 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 DigiDude is not responsible for the practices and/or privacy policies of those Third Party Websites or the "cookies" that those sites may use.

  2. 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.

 

Limitation of liability

  1. DigiDude 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 DigiDude, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to hi@digidude.co.za

  2. DIGIDUDE / DUDE SYSTEMS PTY LTD 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 DIGIDUDE / DUDE SYSTEMS PTY LTD IS LIABLE TO YOU, SUCH LIABILITY SHALL BE LIMITED TO THE ORDER CHARGES RELATING TO YOUR PARTICULAR ORDER.

  3. YOU HEREBY INDEMNIFY DIGIDUDE / DUDE SYSTEMS PTY LTD 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.

  4. NOTWITHSTANDING THE INDEMNITIES GIVEN ABOVE, YOU HEREBY INDEMNIFY DIGIDUDE / DUDE SYSTEMS PTY LTD AGAINST ANY LOSS OR DAMAGES  OF WHATSOEVER NATURE SUFFERED IN RELATION TO, OR IN CONNECTION WITH, THE USE OF DIGIDUDE / DUDE SYSTEMS PTY LTD FOR YOUR MEDIRITE ORDER. YOU HEREBY ACKNOWLEDGE THAT DIGIDUDE IS ONLY A DELIVERY SERVICE IN RESPECT OF YOUR PHARMACY ORDER.

  5. NOTWITHSTANDING THE INDEMNITIES GIVEN ABOVE, YOU HEREBY INDEMNIFY DIGIDUDE / DUDE SYSTEMS PTY LTD AGAINST ANY LOSS OR DAMAGES  OF WHATSOEVER NATURE SUFFERED IN RELATION TO, OR IN CONNECTION WITH, THE USE OF DIGIDUDE SERVICES FOR YOUR RAIN ORDER. YOU HEREBY ACKNOWLEDGE THAT IS ONLY A DELIVERY SERVICE IN RESPECT OF YOUR RAIN ORDER.

 

Availability and termination

  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.

  2. DigiDude may in its sole discretion terminate, suspend and modify the App, with or without notice to you. You agree that DigiDude  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.

  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 Food,product or service 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.

  4. DigiDude 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 DigiDude 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 DigiDude, in whole or in part, on notice to you. DigiDude accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.

  5. At any time, you can choose to stop using the App, with or without notice to DigiDude .

 

Force majeure events

  1. As between you and DigiDude, you and any Delivery company or any merchant, 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.

 

Governing law and jurisdiction

  1. These Terms and Conditions, the relationship between you and DigiDude, 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.

  2. In the event of any dispute arising between you and DigiDude, 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.

  3. Nothing in this clause 22 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

 

Notices

  1. DigiDude hereby selects 13 Swemmer Park, 150 Oostewal Road, Langebaan (with a copy to mike@digidude.co.za, 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"). DigiDude may change this address from time to time by updating these Terms and Conditions.

  2. 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 DigiDude not less than 7 days’ notice in writing.

  3. 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.

 

Information

  1. For the purposes of the Electronic Communications and Transactions Act 2002, DigiDude’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: Dude Systems PTY Ltd T/A DigiDude, a private company registered in South Africa with registration number 2020/427398/07.
Main business: Hyper-Local Market Place and delivery service
Physical address for receipt of legal service (also postal and street address): 13 Swemmer Park, 150 Oostewal Road, Langebaan
Director: Michael Sierra
Phone number: +27 81 748 3432
Official email address: hi@digidude.co.za

General

  1. DigiDude 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.

  2. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

  3. Any failure on the part of you or DigiDude to enforce any right in terms hereof shall not constitute a waiver of that right.

  4. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

  5. 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.

  6. No indulgence, extension of time, relaxation or latitude which either you or DigiDude  (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 DigiDude and no other warranty or undertaking is valid, unless contained in this document.

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