1. IMPORTANT NOTICE

1.1 These Terms and Conditions contain provisions that may:

1.1.1 Limit the risk or liability of SendMiza or another person;

1.1.2 Create risk or liability for the User;

1.1.3 Require the User to indemnify SendMiza or another person; and

1.1.4 Constitute an acknowledgement by the User of certain facts.

1.2 The User's attention is drawn particularly to clauses 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, and 26.

1.3 By registering an account, using the Platform, or placing an Order, the User acknowledges that these Terms were made available electronically, that the User had an opportunity to read them, and that the User agrees to be bound by them.

2. DEFINITIONS

2.1 In these Terms, unless the context indicates otherwise:

2.1.1 "App" means the SendMiza website, mobile application, driver application, merchant interface and all related electronic systems operated by SendMiza.

2.1.2 "Customer" means any person who browses, registers on, or places an Order through the Platform.

2.1.3 "Delivery Partner" means an independent contractor registered on the driver side of the Platform to perform collection, procurement and delivery services.

2.1.4 "Goods" means food, groceries, merchandise and any other lawful consumer goods offered or capable of being procured through the Platform.

2.1.5 "Merchant" means any restaurant, grocery store, retailer, kitchen, vendor or supplier whose goods are displayed on the Platform or procured through the Platform.

2.1.6 "Order" means any request placed by a Customer for the procurement, collection, transport and delivery of Goods.

2.1.7 "Order Anything" means the feature on the Platform which allows a Customer to request the procurement and delivery of lawful Goods from a third-party store or supplier.

2.1.8 "Platform" means the SendMiza website, App, checkout flow, payment interface, chat facility, support interface and all associated systems.

2.1.9 "SendMiza", "we", "us" and "our" mean YNSCZA (Pty) Ltd, trading as SendMiza.

2.1.10 "User" means any Customer, visitor, browser or other person using the Platform.

3. NATURE OF THE SERVICE

3.1 SendMiza is a technology-enabled marketplace and delivery facilitation platform.

3.2 SendMiza enables Customers to browse, request, order and pay for Goods from Merchants and, where permitted, through the Order Anything feature.

3.3 SendMiza facilitates delivery through independent Delivery Partners.

3.4 Unless expressly stated otherwise in writing, SendMiza is not the producer, preparer, manufacturer, cook, packer or owner of third-party Goods supplied by Merchants.

3.5 SendMiza does not guarantee that every Merchant, product, area or service category will be available at all times.

4. ELECTRONIC TRANSACTION DISCLOSURE

4.1 In compliance with the Electronic Communications and Transactions Act 25 of 2002, SendMiza shall make available on the Platform the supplier information required by law, including its full legal name, legal status, contact details, physical address, website details, refund arrangements, privacy policy, security information and such other information as may be required for electronic transactions.

4.2 SendMiza shall display to the Customer before final order confirmation the full price payable, including item price, delivery fees, service fees, surge pricing, procurement fees, taxes where applicable and any other disclosed charge.

4.3 SendMiza shall state on the Platform the estimated time within which goods will be dispatched or delivered, subject to operational conditions, merchant preparation times, driver availability, weather, traffic and other factors beyond SendMiza's reasonable control.

4.4 Delivery services are available only within designated service areas determined by SendMiza from time to time and may be restricted, suspended or unavailable due to safety, operational, capacity or service considerations.

4.5 SendMiza shall utilise payment systems that are sufficiently secure with reference to accepted technological standards and the nature of the transaction concerned.

5. ELIGIBILITY AND REGISTRATION

5.1 A User must be at least 18 years old and capable of entering into a binding agreement.

5.2 A User who acts on behalf of a juristic person warrants that he or she has authority to bind that entity.

5.3 A User must provide true, accurate, current and complete information when creating an account and using the Platform.

5.4 The User is responsible for maintaining the confidentiality of login details, passwords, one-time pins and other authentication credentials.

5.5 The User is responsible for all activity conducted through the User's account unless the User has promptly notified SendMiza of unauthorised use.

6. REVIEW, CORRECTION AND WITHDRAWAL BEFORE ORDER PLACEMENT

6.1 Before finally placing any Order, the Platform shall provide the Customer with an opportunity:

6.1.1 To review the entire electronic transaction;

6.1.2 To correct any mistakes; and

6.1.3 To withdraw from the transaction before the Order is finally submitted.

6.2 It remains the Customer's responsibility to check the Order carefully before final submission, including product selection, quantity, delivery address, contact details, special instructions and payment method.

7. ORDERS

7.1 An Order placed through the Platform constitutes an offer by the Customer to procure and receive Goods and related services on the terms displayed at checkout.

7.2 An Order shall only be deemed accepted once payment authorisation has been obtained where applicable, the Order has been successfully transmitted through the Platform, and SendMiza or the relevant Merchant has not rejected the Order.

7.3 SendMiza may reject, cancel or place on hold any Order where:

7.3.1 The requested Goods are unavailable;

7.3.2 The Merchant is offline, closed or unable to fulfil the Order;

7.3.3 Payment fails or is reversed;

7.3.4 The delivery address is incomplete, inaccurate, unsafe or outside the delivery radius;

7.3.5 The Goods requested are prohibited, unlawful or restricted;

7.3.6 Fraud, abuse, chargeback risk or suspicious conduct is suspected; or

7.3.7 No Delivery Partner is reasonably available.

7.4 If SendMiza or the Merchant is unable to perform because the relevant goods or services are unavailable, the Customer shall be notified as soon as reasonably possible and any refund due shall be dealt with in accordance with applicable law and the payment provider's settlement processes.

8. PRICING AND FEES

8.1 The price displayed on the Platform may include some or all of the following:

8.1.1 The Merchant's listed price for the Goods;

8.1.2 Delivery fees;

8.1.3 Service fees;

8.1.4 Procurement or convenience fees;

8.1.5 Priority fees or surge fees;

8.1.6 Gratuities selected voluntarily by the Customer; and

8.1.7 Any other disclosed fee or charge.

8.2 Prices may vary by Merchant, area, time, availability, promotions, demand and order type.

8.3 The full price payable by the Customer shall be displayed before the transaction is finally submitted.

9. PAYMENT

9.1 Payment may be made through such payment methods as SendMiza makes available from time to time.

9.2 The Customer authorises SendMiza and its payment service providers to debit the selected payment method for all authorised charges relating to the Order.

9.3 SendMiza may suspend an account, withhold service, reverse credits or require a different payment method where payment fails, is reversed or is reasonably suspected to be fraudulent.

10. DELIVERY

10.1 Delivery times displayed on the Platform are estimates only.

10.2 SendMiza does not guarantee delivery within any specific period unless a specific guaranteed-delivery service is expressly offered for that Order.

10.3 Delivery estimates may be affected by traffic, weather, Merchant delays, power failures, system outages, customer non-responsiveness, driver availability, substitutions, route changes and events beyond SendMiza's reasonable control.

10.4 The Customer must ensure that someone is available to receive the Order at the delivery address.

10.5 If the Customer cannot be reached or is unavailable within a reasonable time, SendMiza may treat the delivery as unsuccessful and may charge an additional fee, cancel the Order, or mark the Order as completed where the Goods cannot reasonably be redelivered.

11. ORDER ANYTHING

11.1 The Order Anything feature is subject to additional restrictions and verification measures.

11.2 The Customer warrants that Goods requested through Order Anything are lawful to buy, possess, transport and deliver.

11.3 SendMiza may refuse any Order Anything request in its discretion where the request creates legal, safety, fraud, reputational, logistical or operational risk.

12. PRODUCTS, MERCHANTS AND QUALITY

12.1 Merchants remain responsible for the preparation, packaging, ingredients, quality, shelf life, labelling and legal compliance of their Goods.

12.2 SendMiza does not guarantee the accuracy or completeness of ingredient lists, allergen notices, nutritional information, product descriptions, photographs or promotional descriptions supplied by Merchants.

12.3 A Customer with allergies, dietary restrictions, religious dietary requirements or medical sensitivities must make direct enquiries with the Merchant where necessary and must not rely only on general descriptions displayed on the Platform.

13. CONSUMER RIGHTS, REFUNDS AND COMPLAINTS

13.1 SendMiza's return, exchange and refund policy shall be made available on the Platform.

13.2 Complaints, refunds, credits, replacements and adjustments shall be assessed by SendMiza having regard to the facts of the complaint, order records, photographs, timestamps, delivery information, Merchant input, driver input and payment status.

13.3 Refunds are not automatic and may be granted in whole or in part where SendMiza reasonably accepts that a complaint is substantiated.

13.4 A Customer must report a complaint within a reasonable time after delivery or attempted delivery.

13.5 Any cooling-off, cancellation or return rights available to the Customer shall apply only to the extent provided by applicable law and having regard to the nature of the goods concerned. SendMiza does not promise a general seven-day cooling-off right for ordinary food or perishable delivery orders where the law does not require it.

13.6 Food-safety complaints may be reported through the support process specified on the Platform and shall be investigated as a matter of priority.

14. FOOD SAFETY, FOOD QUALITY AND RELATED RESPONSIBILITY

14.1 SendMiza is a technology and delivery-facilitation platform and, unless expressly stated otherwise in writing, does not prepare, cook, manufacture, produce, package or preserve food or perishable goods supplied by third-party Merchants.

14.2 The relevant Merchant remains solely responsible for the sourcing, preparation, cooking, storage, packaging, ingredients, expiry, freshness, temperature control prior to collection, hygiene, labelling, allergen disclosure and legal compliance of all food and perishable goods supplied by it.

14.3 If any food, beverage, grocery or other perishable product is stale, spoiled, contaminated, defective, unsafe or otherwise off by reason of the Merchant's preparation, storage, packaging, ingredients, expiry, contamination at source, temperature control at source, or any cause arising before collection by the Delivery Partner, that matter falls within the responsibility of the relevant Merchant and not SendMiza, to the fullest extent permitted by law.

14.4 SendMiza may, as a customer-service measure and without admission of liability, investigate complaints relating to stale, spoiled, contaminated or unsafe food and may in its discretion facilitate a refund, replacement, app credit or other resolution.

15. RECORD OF TRANSACTION

15.1 SendMiza shall provide the Customer with a means to access and maintain a record of the transaction, which may include an order confirmation screen, confirmation email, in-app order history or electronic invoice.

16. USER CONDUCT

16.1 The User undertakes:

16.1.1 Not to use the Platform for unlawful purposes;

16.1.2 Not to submit false, fraudulent or abusive Orders;

16.1.3 Not to harass, threaten or abuse Merchants, Delivery Partners, support staff or other users;

16.1.4 Not to misuse promotions, credits, vouchers, refunds or chargeback processes;

16.1.5 Not to request prohibited items; and

16.1.6 Not to interfere with the operation or security of the Platform.

17. PRIVACY AND SECURITY

17.1 SendMiza processes personal information in accordance with its Privacy Policy and applicable South African law.

17.2 SendMiza shall make available on the Platform its privacy policy and its security procedures in respect of payment, payment information and personal information.

17.3 By using the Platform, the User acknowledges that personal information may be processed for account creation, order fulfilment, payment handling, fraud prevention, support, safety, compliance, analytics and service improvement.

18. INTELLECTUAL PROPERTY AND COPYRIGHT

18.1 All copyright, trade mark rights, rights in software, database rights, design rights, rights in know-how, rights in confidential methodologies, branding rights and all other intellectual property rights in and to the Platform, including the website, mobile application, source code, object code, layout, structure, text, graphics, logos, trade names, photographs, compilations, databases, software tools, workflows, forms, business methods and related material, vest in SendMiza or its licensors.

18.2 Nothing in these Terms shall be construed as transferring any intellectual property right from SendMiza to the User.

18.3 Subject to these Terms, SendMiza grants the User a limited, revocable, non-exclusive, non-transferable licence to access and use the Platform solely for its intended lawful purpose.

18.4 The User shall not, without SendMiza's prior written consent:

18.4.1 Copy, reproduce, adapt, alter, modify, translate or create derivative works from the Platform or any part of it;

18.4.2 Scrape, crawl, mine data from, mirror, frame, republish, distribute, commercially exploit or otherwise extract content or data from the Platform;

18.4.3 Reverse engineer, disassemble, decompile or otherwise attempt to derive source code or underlying logic from any software forming part of the Platform;

18.4.4 Remove, alter or obscure any copyright notice, trademark, proprietary notice or other indication of ownership appearing on the Platform; or

18.4.5 Use the Platform or any part of it for the development of a competing product or service.

18.5 All rights not expressly granted in these Terms are reserved by SendMiza.

18.6 Any suggestions, ideas, comments, enhancement requests, recommendations or other feedback provided by a User regarding the Platform or SendMiza's services may be used, adapted, implemented, commercialised or otherwise exploited by SendMiza without compensation to the User, and the User waives any claim inconsistent with this clause to the fullest extent permitted by law.

18.7 To the extent that any Merchant, User or third party provides logos, menu content, product descriptions, photographs, advertising material or other content for display on the Platform, that party retains ownership of its own content but grants SendMiza, for the duration of the relevant relationship and for purposes incidental thereto, a non-exclusive, royalty-free licence to host, reproduce, display, publish, communicate and use such content for the operation, promotion and lawful administration of the Platform.

19. CONFIDENTIALITY AND RESTRICTED USE OF INFORMATION

19.1 For purposes of this clause, "Confidential Information" means all non-public information relating to SendMiza, its business, the Platform, Merchants, Delivery Partners, customers, pricing structures, commission structures, operational processes, business methods, technical systems, marketing plans, fraud-prevention methods, support procedures, security arrangements, commercial terms, records and data, whether disclosed electronically, verbally, visually or in writing.

19.2 The User acknowledges that, through use of the Platform, the User may gain access to Confidential Information.

19.3 The User undertakes:

19.3.1 To keep all Confidential Information strictly confidential;

19.3.2 Not to disclose Confidential Information to any third party except where such disclosure is strictly necessary for lawful use of the Platform and is permitted by SendMiza or required by law;

19.3.3 Not to use Confidential Information for any purpose other than the lawful and intended use of the Platform; and

19.3.4 Not to use any customer, Merchant or Delivery Partner information for direct marketing, off-platform dealing, solicitation, harassment, profiling or any unauthorised purpose.

19.4 The obligations in this clause shall not apply to information which:

19.4.1 Is or becomes publicly available other than through a breach of these Terms;

19.4.2 Was already lawfully known to the User before disclosure;

19.4.3 Is lawfully received from a third party not subject to a duty of confidentiality; or

19.4.4 Is required to be disclosed by law, court order or lawful authority, in which event the User shall, where legally permissible, give SendMiza prompt notice of the required disclosure.

19.5 SendMiza may disclose Confidential Information where reasonably necessary for order fulfilment, fraud prevention, platform administration, legal compliance, dispute resolution or enforcement of rights.

19.6 This clause shall survive termination or cancellation of the User's relationship with SendMiza.

20. SUSPENSION AND TERMINATION

20.1 SendMiza may suspend, restrict or terminate any account or access to the Platform immediately if SendMiza reasonably believes that:

20.1.1 These Terms have been breached;

20.1.2 Fraud, abuse or unlawful conduct has occurred or is suspected;

20.1.3 Payment reversals or chargebacks have occurred repeatedly;

20.1.4 The User poses a safety, security or reputational risk; or

20.1.5 Continued access would expose SendMiza, its users, Merchants or Delivery Partners to legal or operational risk.

21. INDEMNITY

21.1 Subject to applicable law, the User indemnifies SendMiza against loss, damage, liability, cost and expense arising from:

21.1.1 The User's breach of these Terms;

21.1.2 Unlawful or prohibited use of the Platform;

21.1.3 Fraud, chargeback abuse or misrepresentation by the User;

21.1.4 Inaccurate delivery information provided by the User; and

21.1.5 Any third-party claim arising from the User's conduct.

22. LIMITATION OF LIABILITY

22.1 To the fullest extent permitted by law, SendMiza shall not be liable for indirect, consequential, special or incidental loss, including loss of profit, business, goodwill, opportunity or anticipated savings.

22.2 SendMiza's total liability arising from any one Order shall, unless the law provides otherwise, be limited to the amount paid by the Customer for that Order.

22.3 Nothing in these Terms limits or excludes any liability which cannot lawfully be limited or excluded.

23. MARKETING COMMUNICATIONS

23.1 Where SendMiza sends commercial or promotional communications electronically, the User shall be afforded such opt-out or unsubscribe rights as the law requires.

24. DISPUTE RESOLUTION

24.1 Any customer complaint must first be addressed through SendMiza's internal complaint mechanism within 14 days of the relevant event or within such longer period as may be reasonable in the circumstances.

24.2 If the dispute is not resolved internally, the parties may attempt mediation by agreement.

24.3 Nothing in these Terms deprives a consumer of any right to approach any competent court, tribunal, ombud, regulator or other body having jurisdiction.

24.4 These Terms are governed by the laws of the Republic of South Africa.

25. GENERAL

25.1 If any provision of these Terms is found to be invalid or unenforceable, that provision shall be severable and the remaining provisions shall remain of full force and effect.

25.2 These Terms constitute the whole agreement between SendMiza and the User relating to use of the Platform, subject to any additional written policy or specific service terms expressly incorporated by reference.

26. ACCEPTANCE

26.1 These Terms become binding on the User when the User electronically accepts them, uses the Platform, or places an Order.