Terms and Conditions of Platform

Welcome to the Zoliwa Technologies Limited website, zoliwa.com (and all pages attaching to and including this domain name) and our applications (each our “Platform”). This page (together with the documents referred to on it) tells you the terms and conditions of our Platforms. Please read these Terms and Conditions and the Zoliwa Privacy Policy (the “Privacy Policy”) carefully before using the Platform. For more information on how we store customer data, please visit Privacy Policy for our data privacy policy.

Please read these terms and conditions carefully before ordering any products through Zoliwa. By accessing our site and placing an order you agreed to be bound by these terms and conditions, terms of use policy and privacy policy. “You”, “your” and “Customer” refers to the person using our Platform to place an order.

If you have any questions relating to these terms and conditions please contact support@zoliwa.com before you place an order. If you do not accept these terms and conditions in full please do not use our Platform.

1. INFORMATION ABOUT US

Zoliwa.com is a website operated by Zoliwa Technologies Limited (“we” or “us” or “Zoliwa”)

2. PURPOSE

Zoliwa is a mobile communication platform which facilitates the connection between individuals seeking to order food, beverage, home essential products and other grocery items (“Groceries”) from selected retail stores (“Customer[s]”), and individuals seeking to assist Customers by picking and delivering the Groceries to and on behalf of Customers who have authorized the purchase of such Groceries (“Personal Picker[s]”) (such service provided by Personal Pickers to be hereinafter referred to as “Personal Picker Service”). The additional fee Customers may pay that is above the retail price of the Groceries is for the purpose of engaging the Personal Picker to perform the Personal Picker Service. Customer acknowledges and agrees that the Personal Picker acts as the agent of the Customer in carrying out the Personal Picker Service, and that Zoliwa has no relationship with the Customer other than to provide the communication platform between Personal Pickers and Customers. Zoliwa does not have control over the quality, timing, legality, failure to provide or any other aspect whatsoever of the Personal Picker Service.

3. AVAILABILITY

Zoliwa facilitates an ordering, retrieving and delivery Platform from your local stores throughout the country. Based on your geographic location our fulfilment engine will connect you to the closest store within your Postcode and with a Personal Picker. This is to ensure that your order reaches your door in as little as 1 hour depending on what delivery slots you requested. If you live outside the delivery areas, a message will appear on screen notifying you that ordering will not be possible. We do not accept orders from individuals to a post code in which we do not have at least one store supported by our platform (“Supported Store[s]”). Operating hours will vary depending on local trading conditions and the availability of our Supported Stores.

4. ORDERS

When you place an order through our platform, an email and push notification on your mobile device, thanking you for your order and confirming your order has been received and accepted by the Personal Picker (the “Confirmation Email/Message”) will be sent to you by us on behalf of the Personal Picker. The contract for the supply of any food, beverage, home essential products and other grocery items you order through us will be between you and the Supported Store and will only be formed when you have been sent the Confirmation Email by us. Please ensure that you have given us a correct email address as this is how we will communicate with you about your Order. Please also ensure that you provide an accurate address and telephone number to ensure that your order arrives at the correct location. If you do not open the door or respond to telephonic correspondence within 10 minutes of our delivery drivers physically reaching your address, we reserve the right to leave the premises, and you will be charged for the Order.

All food, beverage, home essentials, groceries and other products sold through our platform are subject to availability in-store. Zoliwa seeks to provide a quality Platform and will be the first contact in the event there is a problem with your order including in regards to food quality, or unavailable product. You are entitled to receive the food, beverage, home essential products and other groceries that you have ordered, provided that, where you have selected the “Shopper substitute for me” option in your [Substitution preferences] , you agree that your Personal Picker may use his/her discretion to pick and purchase substitute products in place of any products which are unavailable in-store (“Substitute Products”). You acknowledge and agree that such Substitute Product(s) may be more or less expensive than the product(s) which is/are unavailable in-store for which the Substitute Product(s) has/have been substituted. If you have selected the “Shopper contact me” option in your [Substitution preferences], your Personal Picker will attempt to contact you by telephone to agree a Substitute Product with you. In this scenario, if your Personal Picker is unable to make contact with you, the selected product will be removed from your shopping list. If you have selected the “Shopper substitute for me” or the “Shopper contact me” option but your selected product or a Substitute Product is not available, the selected product will be removed from your shopping list. If you have selected the “Remove from basket” option in your [Substitution preferences] and your selected product is not available, the selected product will also be removed from your shopping list without further contact with you. We do monitor the Personal Pickers very closely and it is of utmost importance to us that they comply with our standards and help us to maintain our quality of service. Please let us know if you have any comments relating to our Personal Pickers or in respect of the order by emailing here

All orders made by you shall be deemed to be an offer made by you to purchase the selected product(s) and quantities set out in your order upon these terms of use. All orders shall be subject to acceptance by Zoliwa. Processing of payment for an order shall not in itself constitute acceptance of the order by Zoliwa. When an order for any product(s) is rejected or cancelled by Zoliwa, any payment made for such order shall be reversed or refunded by Zoliwa in accordance with our prevailing refund policy at such time

All orders made by you are subject to stock availability. Zoliwa reserves the right to cancel, amend or reject your order in whole or in part, at any time and without liability or compensation, where any product is out of stock, damaged or spoilt, or unavailable for any other reason.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same debit/credit card, and/or orders that use the same billing and/or shipping address.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your contact telephone number (mobile and/or landline), email address and debit/credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

5. ALLERGEN INFORMATION

Zoliwa cannot guarantee that any of the grocery items sold by Supported Stores are free of allergens. Supported Stores and their suppliers are exclusively responsible for all information regarding the contents of products, including (but not limited to) food labelling information and information regarding allergens. It is your responsibility to review the allergen notice on each product.

6. SALE OF ALCOHOL

Alcoholic beverages can only be sold to persons over the age of 18 and proof of age may be required and the availability of alcohol is subject to the laws applicable to the Supported Store. Please note we can only deliver alcohol to the card holder and bona fide photographic identification may be sought by the Personal Picker at time of delivery if the Personal Picker has doubts about the age of the Customer. Zoliwa reserves the right to refuse to deliver any alcohol to any person who does not appear to be over the age of 18, or who is, or appears to be, under the influence of either alcohol or drugs. By placing an order that includes alcohol, you confirm that you are at least 18 years old. By placing an order, you agree to provide us with proof of age if requested to do so. In cases where we need to return alcohol products not due to our fault, we reserve the right to charge a return fee.

In some jurisdictions, Personal Pickers are only allowed to purchase alcoholic products during certain hours of the day. Outside or close to outside those hours, Zoliwa reserves the right to prevent customers from being able to choose alcoholic products and same day delivery, or postpone the delivery (e.g. the next day) until those hours when alcoholic purchase is allowed.

7. AVAILABILITY AND DELIVERY

Our aim is to facilitate the best and convenient delivery Platform between you and your Personal Picker. Unfortunately things do not always go as planned, and factors, such as traffic conditions and weather, may occasionally prevent us from achieving our targets in this regard. We will do our best to ensure that your order is delivered within the delivery slot you paid for. The timing of your order is determined by taking into account the number of orders and the circumstances being faced by the Supported Stores and Personal Pickers at that time

8. CANCELLATION

Any order cancelled by you after it becomes accepted by your Personal Picker will be charged to you.

9. PRICE AND PAYMENT

All food, beverage, home essentials, groceries and other products sold through our platform are subject to availability. All individual item prices displayed in the app are estimated and individual item prices displayed in all stores excluding ( Lidl 13.75%) and (Co-Op 5.75%) are inclusive of the Zoliwa Platform service fee (15.75%). Listed prices on our platform are indicative and your total cart value is an estimated amount only. For each order, your payment card may be charged twice, the first on the estimated grocery value, the second on the delivery fee, the Zoliwa processing fee and any price difference that the shopper may update at the final checkout if any. Item price may change due to difference between the item price listed on our platform and in-store price, and/or if a Substitute Product commands a higher or lower price.Your final order value will be confirmed to you when your personal picker completes payment for your order in store and upon delivery your debit/credit card will be charged with the final amount. Receipt for your order will be provided through the Delivery Confirmation email as well as in the “My Orders” section of the Zoliwa app. Payment is made directly to Zoliwa to cover the cost of the grocery items purchased from the Supported Stores, as well as the Zoliwa service, processing and delivery fees.

Zoliwa’s minimum basket size is currently $25 or 15 000 CFA for all retailers on the platform.

Zoliwa endeavours to provide you with accurate and up-to-date pricing, product and promotional information. However, we do not guarantee that the pricing, images or other product or promotional information provided will be error-free, updated or complete. Zoliwa shall not be liable for any errors in the pricing and product or promotional information listed on our Site or through our Services.

By confirming your purchase, you authorize us to charge the additional amounts to you. If you elect to cancel the purchase, we will reverse or refund payment for such item in accordance with our prevailing refund policy at such time. If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as cancelled.

Where the actual price of any product is dependent on its weight (“Weighed Item”), we will provide an estimate of the price based on indicated weight and our current prevailing rates at the time of checkout. The actual weight and related price of the Weighed Item will be made known to you at the time of delivery.

All product prices are shown in dollars or CFA, and are inclusive of South African or West African Value Added Tax, if any, depending on the region specified by the Customer. Prices of products may change from time to time and any promotional discounts or offers may also be withdrawn at any time without notice.

We accept payment for orders by Mobile Money, CoD, Visa and Mastercard

By placing your order, you authorize us to transmit information or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization, to protect you and us from fraud, and to enable us to arrange delivery of your order to your nominated delivery address.

9A. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

We are and shall be under no obligation, including but not limited to, to: (I) maintain any comments in confidence; (II) pay compensation for any comments; or (III) respond to any comments.

We may, but are under no obligation to, monitor, edit or remove content that we determine, in our sole discretion, is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms of use.

By sending and/or posting your comments, you agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website

You agree to not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

10.Zoliwa PLUS

Free trial eligibility is determined by Zoliwa at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible.

We will charge the membership fee for the next billing cycle to your Payment Method at the end of the free trial period unless you cancel your membership prior to the end of the free trial period.

The Zoliwa Plus fee will be charged to your Payment Method on the specific billing date. The length of your billing cycle will depend on the type of subscription that you choose when you sign-up for the service. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month.

We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply to subsequent billing cycles following notice of the change(s) to you.

A $4 supplement will apply for basket sizes between $25 to $40 for all users on the platform

or

A $4 supplement will apply for basket sizes between $25 to $40 for all users on the platform.

You can cancel your Zoliwa Plus monthly membership at any time, and you will continue to have access to Zoliwa Plus service through the end of your billing period. Payments are non-refundable and we do not provide refunds or credits for any partial.

To cancel, go to the “Account” page and follow the instructions for cancellation.

11. OUR LIABILITY

To the extent permitted by law, Zoliwa provides our platform and content on an “as-is” and “as available” basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our platform, or that it will be timely or error-free or that defects will be corrected. Subject as provided below, neither Zoliwa nor any Supported Store shall have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our platform. In the event that Zoliwa or the Supported Store is found to be liable to you, our total aggregate liability is limited to the purchase price of the order you have paid for in your order. This does not include or limit in any way Zoliwa’s or any Supported Store’s liability for any matter for which it would be illegal for us or it to exclude, or attempt to exclude, our or its liability, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.

12. EVENTS OUTSIDE OUR CONTROL

No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, earthquake, explosion or civil commotion. For the avoidance of doubt, nothing in clause 11 shall excuse the Customer from any payment obligations under this Agreement.

13. WAIVER

Neither you, Zoliwa nor the Supported Store shall be responsible to the others for any delay or non-performance of its obligations under this agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, earthquake, explosion or civil commotion.

14. SEVERABILITY

If any provision of this agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.

15. ENTIRE AGREEMENT

These terms contain the whole agreement between the parties relating to its subject matter and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.

16. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

Zoliwa reserves the right, at our sole discretion, to update, change or replace any part of these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. If you do not agree with any parts of the amended terms of use, please do not access or use our Site, Services and/or Content. Your continued use of or access to our Site, Services and/or Content following the posting of any amended terms of use constitutes acceptance of those terms of use.

17. LAW AND JURISDICTION

The South African courts will have jurisdiction over any claim arising from, or related to, any use of our Platforms. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Ireland.

DISCLAIMERS

YOU AGREE THAT NEITHER ZOLIWA NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY PERSONAL PICKER OR FOR ANY PERSONAL PICKER SERVICES. NEITHER Zoliwa NOR ITS AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY PERSONAL PICKER. IN THE EVENT YOU HAVE A DISPUTE WITH ONE OR MORE PERSONAL PICKERS, YOU HEREBY RELEASE ZOLIWA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, LIABILITIES, COSTS, INCLUDING WITHOUT LIMITATION LEGAL FEES, LOSS OR DAMAGE OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE WEBSITE AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Zoliwa MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE PLATFORM OR THE CONTENT OF ANY WEBSITES LINKED TO THE Zoliwa WEBSITE. Zoliwa ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE Zoliwa WEBSITE OR THE PLATFORM; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF Zoliwa’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.

Zoliwa DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, Zoliwa SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. Zoliwa, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. Zoliwa MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PLATFORM, SOFTWARE, TEXT, GRAPHICS OR LINKS. Zoliwa AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.

Zoliwa SHOPPERS DO NOT USE TEMPERATURE CONTROLLED VANS WHEN TRANSPORTING FOOD FROM STORE TO THE DELIVERY LOCATION, INSTEAD THEY USE INSULATED CARRIER BAGS TO EXTEND THE CHILL CHAIN BEYOND THAT OF A REGULAR CUSTOMER PURCHASING THE GOODS AND TRANSPORTING IT HOME THEMSELVES. SHOPPERS ARE ALSO TRAINED TO ENSURE FROZEN AND COOKED ITEMS ARE KEPT SEPARATE FROM CHILLED AND COOKED ITEMS TO REDUCE THE RISK OF CROSS-CONTAMINATION.

YOU AGREE THAT Zoliwa SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH (I) YOUR USE OF THE PLATFORM(S); (II) THE LIABILITY OR FITNESS OF ANY PERSONAL SHOPPER OR PERSONAL SHOPPER SERVICES; OR (III) IN CONNECTION WITH THE PERFORMANCE OF OR BROWSING IN THE SITE OR YOUR LINKS TO OTHER SITES FROM THIS SITE, EVEN IF Zoliwa HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT Zoliwa SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. IN NO EVENT SHALL Zoliwa’S TOTAL LIABILITY TO YOU FOR ANY LOSSES ARISING HEREUNDER EXCEED THE AMOUNTS PAID BY YOU TO Zoliwa HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SHOULD A JURISDICTION BE ADVERSE TO A LIMITATION OR EXCLUSION OF WARRANTIES, SUCH PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND THE OTHER PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.