Last Updated: 20/02/2025
These Terms and Conditions (“Terms”) govern your access to and use of The Delivery’s mobile applications (user app), web app, React-based website, and other services (collectively, the “Platform”). By using our Platform, you agree to be legally bound by these Terms, as well as our Privacy Policy, Refund Policy, and other policies referenced herein. If you do not agree with any part of these Terms, you must discontinue use of our Platform immediately.
These Terms apply to all users, including customers who place orders, stores that list and fulfill orders, and drivers who deliver the orders (collectively referred to as “you” or “users,” unless otherwise specified). Additional terms (e.g., Store SLA and Driver SLA) apply to stores and drivers using our Platform.
The Delivery provides an app-based marketplace where:
Stores may list products in various categories, including (but not limited to) food, groceries, pharmacy, tech and electronics, bakeries, home essentials, beauty and personal care, stationery, books and baby items, organic goods, sports and fitness, fashion, and parcel delivery services.
Pharmacy/Medical Items:
The Delivery acts as an intermediary between customers, stores, and drivers. We do not own or control the stores or the products they sell. We also do not employ drivers; rather, we facilitate the connection between customers and independent drivers. Any issues or disputes related to product quality, safety, or delivery are addressed as outlined in our policies and in accordance with applicable laws.
To access certain features of our Platform, you may be required to create an account. When creating an account, you agree to:
You must be at least 18 years old to create an account and use our services. By creating an account, you represent and warrant that you are at least 18 years of age.
You are responsible for safeguarding your account login credentials. You agree not to share your password with any third party and to notify us immediately if you suspect any unauthorized use of your account.
We reserve the right to suspend or terminate your account if you violate these Terms or if your conduct harms the integrity or reputation of The Delivery, its users, or third parties.
We may accept a variety of payment methods (e.g., credit cards, debit cards, mobile wallets). By submitting payment information, you represent and warrant that you are authorized to use the chosen payment method and authorize us (or our third-party payment processors) to charge the applicable fees.
Refunds are governed by our Refund Policy, which details eligibility criteria (e.g., damaged, incorrect, or missing items) and the procedure for requesting refunds. Late orders are generally not eligible for refunds, except as required by law or stated in our policies.
While we strive to provide accurate delivery estimates, actual delivery times may vary due to:
The Delivery is not liable for delays or failures to deliver orders caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, governmental actions, or strikes.
Drivers are responsible for the goods from the time of pick-up until successful delivery. If an item is damaged during transit due to driver negligence, it may be eligible for a refund pursuant to our Refund Policy.
You agree not to:
You agree to comply with all applicable laws and regulations, including local health regulations for food items and any import/export or licensing regulations. If you are purchasing or listing pharmacy/medical items, you acknowledge and agree to comply with all relevant legal requirements for handling and distributing such products.
Stores and drivers must adhere to high standards of customer service, product quality, packaging, and timely delivery. Failure to meet these standards may result in suspension or termination from the Platform.
All content, trademarks, logos, and other intellectual property displayed on the Platform are owned or licensed by The Delivery or its affiliates. You are granted a limited, non-exclusive, non-transferable license to access and use the Platform for personal, non-commercial purposes.
If you submit any user-generated content (e.g., reviews, comments, or feedback), you grant The Delivery a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, distribute, and display such content in connection with the operation of the Platform and our business.
We provide the Platform and services on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied. We make no representations or warranties about the accuracy, reliability, or completeness of the content or services provided through the Platform.
To the fullest extent permitted by law, The Delivery, its directors, employees, affiliates, or agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of your use of or inability to use the Platform.
You agree to indemnify and hold harmless The Delivery, its officers, employees, and agents from and against all claims, damages, losses, and expenses (including attorney fees) arising out of or related to:
We reserve the right to cancel orders if fraudulent or unauthorized activity is suspected, or if required by law or regulation.
We may terminate or suspend your access to our Platform immediately, without prior notice or liability, if you breach these Terms, violate any applicable law, or engage in conduct that is harmful to The Delivery or its users. Upon termination, your right to use the Platform will cease immediately. Provisions of these Terms intended to survive termination shall remain in effect.
These Terms and any disputes arising out of or in connection with them are governed by the laws of the Republic of South Africa, without regard to its conflict of law principles.
You agree to first attempt to resolve any dispute by contacting us at hello@thedelivery.co.za. If a dispute cannot be resolved informally, it shall be resolved through the courts of competent jurisdiction in South Africa, unless another form of dispute resolution is agreed upon by both parties in writing.
We reserve the right to modify or replace these Terms at any time. Changes will be effective immediately upon posting on our website. If we make material changes, we may provide additional notice (e.g., via email or a prominent notice on the Platform). Your continued use of the Platform after the effective date of the updated Terms constitutes your acceptance of the changes.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
These Terms, together with our Privacy Policy, Refund Policy, and any other legal notices published by The Delivery, constitute the entire agreement between you and The Delivery regarding the use of the Platform.
No waiver of any provision of these Terms by The Delivery shall be deemed a further or continuing waiver of such provision or any other provision, and The Delivery’s failure to assert any right under these Terms shall not constitute a waiver of such right.
You may not assign or transfer any rights or obligations under these Terms without prior written consent from The Delivery. We may freely assign or transfer our rights and obligations under these Terms at our sole discretion.
14.1 No Medical Advice
The Delivery does not provide medical advice or professional healthcare services. If any store lists pharmacy or medical items, such listings are solely the responsibility of the store. You acknowledge that any medical or health-related products (including OTC items) are provided by independent stores, and The Delivery is not liable for product accuracy, legality, or quality.
14.2 User Responsibility
Users purchasing pharmacy/medical items must ensure they comply with all applicable legal requirements. If a prescription is required for certain items, you must provide it directly to the store (if applicable). The Delivery does not verify prescriptions or medical licenses.
14.3 Liability Limitation
The Delivery disclaims all liability for any injuries or damages arising from the use or misuse of any pharmacy or medical items purchased through the Platform.
If you have any questions about these Terms, please contact us at:
