Terms and Conditions

1.1

The mobile application and website, accessible at https://nu.africa (referred to as the "App"), can be downloaded from different app stores as specified by nu, and can be accessed on compatible electronic devices or through the website. The ownership and operation of the App are carried out by LYFE Technologies (PTY) Ltd., hereinafter referred to as "nu," "we," "us," or "our."

1.2

The App provides individuals with the capability to order and purchase food and beverages (referred to as "Food") from any of the restaurants, coffee shops, or other outlets listed on the App, each referred to as a "Restaurant."

1.3

These Terms and Conditions ("Terms and Conditions") govern the process of ordering, and purchasing Food, as well as the usage of the App. They are applicable and enforceable for all individuals who access or use the App, referred to as "you," "your," or "individual," including registered individuals as described below. By utilising the App, you acknowledge that you have read and accepted these Terms and Conditions, and your agreement to be bound by them. If you do not agree to these Terms and Conditions, you should refrain from using the App.

2.1

These Terms and Conditions apply to individuals who are consumers for purposes of the Consumer Protection Act 2008 (the "CPA").

2.2

These Terms and Conditions contain provisions that appear in similar text and style to this clause and which:

1. May limit the risk or liability of nu or a third party; and/or

2. May create risk or liability for the individual; and/or

3. May compel the individual to indemnify nu or a third party; and/or

4. Serve as an acknowledgement, by the individual, of a fact.

2.3

Please be aware that these Terms and Conditions require your careful attention as they are important. It is crucial to thoroughly read and understand them.

2.4

If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask nu to explain it to you before you accept the Terms and Conditions by continuing to use the App.

2.5

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 nu in terms of the CPA.

3.1

You can order Food through the App. Before placing an order, you are required to scan a QR code at your table, in a Restaurant. You can only order Food from a Restaurant you are currently dining in. Restaurants available on the App are determined by nu.

3.2

When ordering via the App, your Food will be brought to you by a waiter from the respective Restaurant.

3.3

The App will indicate which Food items are available for sale by each specific Restaurant on the relevant product and checkout pages.

3.4

You can only place orders for Food from a Restaurant if it is open for business and active on the App. Orders for liquor products can only be placed during the legally permitted hours. We reserve the right to suspend or terminate the availability of a Restaurant, menu, or menu item on the App at any time, at our sole discretion.

3.5

Please note that even though the Food is ordered through the App, the actual sale of Food (formed upon acceptance of an order as outlined in clause 5.2) is solely between you as a registered individual and the respective Restaurant. Neither nu nor any third party involved (if applicable) is a party to the sale of Food. nu solely provides the platform to facilitate transactions between Restaurants and registered individuals for Food. nu is neither the buyer nor the seller of the Food. Any claims you may have regarding the Food should be directed towards the relevant Restaurant.

3.6

For any complaints arising from the sale of Food between a registered individual and a Restaurant, nu will be your primary contact. In the event that a complaint escalates into a dispute, nu has the option to intervene in an attempt to resolve it, but it is not obligated to do so. Any disputes must be resolved between you as a registered individual and the respective Restaurant.

4.1

Only registered individuals have the ability to order Food through the App.

4.2

To register as a individual via the App, you are required to provide nu with your unique email address or telephone number, personal details, and any other relevant information as requested. You will be prompted to sign in or register using your unique Apple or Google account.

4.3

When placing an order via the App, you must use your unique Apple or Google account. You acknowledge that a nu operator may contact you to verify your personal details, order information, and payment amount. For security purposes, you agree to enter your correct Apple or Google account when ordering Food via the App. Failure to do so will result in your order not being processed.

4.4

Once your correct email address has been entered in relation to the App, you will be held liable for payment of any resulting order, regardless of whether the use of the email address is unauthorised or fraudulent.

4.5

You agree to immediately notify nu upon becoming aware of or reasonably suspecting any unauthorised access to or use of your email address, and to take necessary measures to minimise any resulting loss or harm.

4.6

Furthermore, you agree not to use any device, software, or other means to interfere or attempt to interfere with the proper functioning of the App. The App may only be used for lawful purposes, and you may not monitor, distribute, display, publish, copy, print, post, modify, or otherwise use the App and its information without the express prior written consent of an authorised nu representative.

5.1

Registered individuals have the ability to place orders for Food, which may be accepted or rejected by the Restaurant and / or nu. An order is considered placed once a Food item is confirmed on the App. A payment is then made using any of the acceptable payment methods specified in section 8.3 and is made through the App. The acceptance of an order by the Restaurant and / or nu is contingent upon several factors, including but not limited to the availability of Food, the capacity Restaurant staff, accuracy of Food-related information (such as price), and receipt of payment or payment authorisation (if applicable) by nu for the Food.

5.2

Please note that nu will provide an Acceptance Notice on the App or via email to indicate the acceptance of your order by both nu and the Restaurant. At this point, the agreements of sale, referred to as the "Sale," will come into effect between you and:

1. The Restaurant, in relation to the Food ordered.

2. If applicable, nu, in relation to third party services if you requested such for the Food.

It is important to be aware that the Sale is established only upon receiving the Acceptance Notice, regardless of any previous communication from the Restaurant and / or nu confirming your order or payment. In the event that your order is rejected, nu will cancel it, notify you accordingly, and credit the amount you have already paid to your Credit Wallet. You can utilise this credit immediately or at a later date for your next order with nu.

5.3

Prior to the delivery of Food to your designated table or receiving notification that the Food is ready for collection, we reserve the right to reject an order or cancel a Sale at any time due to the following reasons: (i) the Restaurant's inability to fulfil the order, (ii) unavailability of Restaurant waiting staff (if applicable), and/or (iii) any other reason determined at nu's sole discretion.

5.4

If you wish to retract your order, please contact the manager of the respective Restaurant immediately, and we will make reasonable efforts to accommodate your request. Retractions cannot be made through the App or after an Acceptance Notice has been issued. Please note that changes to an order cannot be made once it has been placed, but you may have the option to retract it (subject to the above) and place a new order instead.

5.5

Adding Food to your shopping basket on the App without completing the purchase cycle does not constitute an order for Food. Therefore, the Food may be removed from your shopping basket if it becomes unavailable or the price changes without prior notice. Neither nu nor the Restaurant can be held liable if the Food is no longer available or is available at a different price when you complete or attempt to complete the purchase cycle at a later time.

5.6

nu relies on the information provided by the Restaurants regarding the Food, and we assume no liability for any inaccuracies in such information. Please note that stock of the Food offered may be limited. While nu will make reasonable efforts to discontinue offers for Food that is no longer available on the App, we cannot guarantee its availability. In the event that the Food becomes unavailable after you have placed an order or if the Restaurant does not accept your order, nu will notify you and reject your order, resulting in a "Failed Order." The amount paid for the Failed Order will be credited to your Credit Wallet, which can be used for immediate or future orders with nu.

5.7

You acknowledge that Food pricing may change without notice, except in the case of an obvious pricing error. In the event of an obvious pricing error, we may reject your order or cancel the Sale, and you will be entitled to a refund for the amount paid.

5.8

Any disputes related to inaccurate information about a Restaurant or Food, pricing errors, or sold-out Food should be resolved between you and the respective Restaurant, as outlined in these Terms and Conditions.

5.9

It is your responsibility to consult the relevant Restaurant about the ingredients used in the preparation of the Food and make necessary arrangements to exclude any ingredients if you have allergies or specific dietary requirements (unless such exclusions can be made directly through the App). We cannot guarantee that the Food will be free of allergens, and we disclaim any liability regarding the ingredients or allergens contained in the Food.

5.10

For each order, you will be charged:

1. The price of the Food set by the respective Restaurant.

2. A fee for the Waiter (tip), should you agree to such.

3. A fee for the service provided by nu.

These charges, collectively referred to as "order charges," are displayed on the App at the time you place your order.

5.11

If you specifically request it, nu will provide you with a valid invoice for any fees charged by nu. This invoice will be sent to you via email and will include a line item reflecting the price of the purchased Food. If you require a valid invoice for the purchased Food from the Restaurant itself, please contact the Restaurant directly. You can request the contact details of the Restaurant from nu's customer email address. In the event that a Restaurant fails to provide you with the invoice within 5 business days after your request, you can notify us, and we will make every effort to obtain and provide you with the required invoice as soon as possible.

6.1

By using the App, you confirm that you are 18 years of age or older and possess full legal capacity. If you are under 18 years of age or lack the legal capacity to enter into a binding agreement, you may only use the App under the supervision and involvement of your parent or legal guardian. If your parent or legal guardian oversees your usage and provides their consent, they agree to be bound by these Terms and Conditions and assume liability and responsibility for you and all your obligations arising from these Terms and Conditions.

6.2

Restaurants are prohibited from selling liquor products to individuals under the age of 18, regardless of parental or guardian supervision. You may be asked to provide proof of age before receiving any liquor ordered through the App. The serving of such products may be declined if you fail to provide adequate proof that you are 18 years of age or older or if you appear to be under the influence of drugs or alcohol at the time of serving or collection. In such cases, you will be held accountable for all charges associated with the order.

7.1

nu will receive payment for all order charges and will subsequently pay the portion related to the Food to the respective Restaurant. We are authorised to accept payment for the Food on behalf of the Restaurant, and any payment made by you to us for the full price of the Food will fulfil your payment obligations to the Restaurant.

7.2

Payment for your order can be made using one of the following methods (only one payment method may be used to settle the amount due, except when using your Credit Wallet in combination with another payment method):

1. Credit Card Payment:
   
   Payment by credit card can only be made when placing an order through the App. When making a credit card payment, we may require additional information to authorise and/or verify the validity of the payment. You will be redirected to the secure site of our payment gateway, which is not owned or controlled by nu. Although the payment gateway adheres to strict security standards, nu does not assume legal responsibility for it. Please note that nu will not store your credit card details, except for the last four digits for payment purposes.
   
   We reserve the right to hold the processing of the order until we receive the necessary additional information and obtain authorisation for the payment. If authorisation is not obtained, your order for the Food will be canceled. By using a credit card for payment, you warrant that you are fully authorised to use the provided credit card for the purpose of paying the order charges. You also warrant that your credit card has sufficient available funds to cover all the order charges.
   
   

2. Apple Pay Payment:
   
   Payment using Apple Pay can be made when placing an order through the App. When making a payment with Apple Pay, you authorise the use of your eligible Apple device and associated payment credentials stored securely on that device. The payment is processed through the Apple Pay platform, which is governed by Apple's terms and conditions. nu does not store your Apple Pay payment details, and we are not responsible for the security or processing of payments made through Apple Pay.
   
   By using Apple Pay for payment, you confirm that you are fully authorised to use the associated payment credentials and agree to be bound by Apple's terms and conditions. You acknowledge that the availability and functionality of Apple Pay may be subject to Apple's discretion and may vary based on your device and location. nu reserves the right to hold the processing of the order if necessary additional information is required or if authorisation for the payment cannot be obtained. If the payment authorization is unsuccessful, your order for the Food may be canceled.
   
   Please note that the above terms and conditions are specific to Apple Pay and may be subject to Apple's terms and conditions, which you should review and agree to before using Apple Pay as a payment method.

8.1

Please note that refund policies are determined by individual Restaurants, in compliance with applicable consumer laws (CPA). After placing an order through the App, you are required to directly contact the Restaurant to inquire about cancellation options and eligibility for a refund. If the Restaurant agrees to issue a refund, you will receive a confirmation email indicating that the refund is being processed. Please be aware that it may take several days for the payment to be credited to your designated account.

9.1

We will make reasonable efforts to ensure that the Food description, availability, purchase price, and Courier Delivery service charges displayed on the App are accurate. However, in the event of any errors on the App, which are not caused by our gross negligence, we shall not be held liable for any loss, claim, or expense arising from an order or Sale that is based on such error. This includes the rejection of an order or the cancellation of a Sale. Our liability in such cases will be limited to crediting your Credit Wallet for any amount you have already paid.

10.1

We want you, as an individual, to be satisfied with your purchase. Please inform us by telephone or email as soon as possible if there is a problem with the quality and / or temperature of your Food, if you receive the wrong Food, or if you receive Food that does not match the description on the App.

10.2

Except where we determine, in our sole discretion, that the cause of the complaint lies with the Restaurant, we will relay your complaint to the relevant Restaurant. Subsequently, the resolution of the matter will be the responsibility of the parties involved in the Sale of Food, namely you and the Restaurant. nu shall not be liable for such complaints, unless we decide, at our sole and absolute discretion, to provide you with a compensatory amount in your Credit Wallet.

10.3

If we are unable to resolve your complaint to your satisfaction, or if we cannot reach a satisfactory resolution, you have the option to approach the Consumer Goods and Services Ombud ("CGSO") for assistance in resolving the complaint. The CGSO can be contacted through their website at https://www.cgso.org.za or by calling their Sharecall number at 0860 000 272. You can also send an email to complaints@cgso.org.za. The CGSO is an independent organisation that can provide assistance in resolving consumer complaints.

11.1

We value and respect your privacy, and we are committed to protecting it. We will implement reasonable measures to safeguard your personal information, as outlined in our Privacy Policy. The Privacy Policy is incorporated by reference and provides detailed information about how we handle and protect your personal data.

12.1

nu, in its sole discretion, reserves the right to modify any of these Terms and Conditions at any time. It is your responsibility, as an individual, to regularly review these Terms and Conditions and ensure your satisfaction with any changes. If you are not satisfied with the changes, you must refrain from placing any further orders or using the App in any other way.

12.2

Any modifications to these Terms and Conditions will only apply to your use of the App after the revised version is displayed. By continuing to use the App after the amended Terms and Conditions have been displayed, you will be considered to have accepted the updated terms.

13.1

By using the App or communicating with us via email, you give your consent to receiving electronic communications from us, as well as from any of our divisions, affiliates, or partners. These communications will be in accordance with our Privacy Policy, as outlined here.

14.1

The App and its contents, including materials, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs, and service marks displayed on or incorporated in the App (referred to as "App Content"), are protected by applicable laws, including copyright and trademark laws. The App Content is the property of nu, its advertisers, sponsors, or is licensed to nu.

14.2

You do not acquire any right, title, or interest in or to the App or the App Content by using the App.

14.3

Unauthorised use, distribution, or reproduction of the App Content is strictly prohibited, unless expressly authorised by an authorised representative of nu or otherwise provided for by law. For obtaining permissions for commercial use of any App Content, please contact legal@lyfebegins.com.

15.1

You hereby acknowledge that the use of the App is entirely at your own risk, and that you bear full responsibility for any risks or losses that may arise from your use or reliance on the information provided on the App.

15.2

While nu takes reasonable measures to ensure the accuracy and completeness of the App's content, nu makes no representations or warranties, whether express or implied, regarding the quality, timeliness, operation, integrity, availability, or functionality of the App. Additionally, nu does not guarantee the accuracy, completeness, or reliability of any information on the App. Any representations or warranties made by nu's representatives shall not be binding.

15.3

nu disclaims liability for any direct, indirect, or consequential damage, loss, or expense arising from or in connection with your access to or use of the App and its content, unless otherwise required by law.

15.4

The views or statements expressed on the App are not necessarily those of nu, its directors, employees, or agents.

15.5

In addition to the disclaimers mentioned in these Terms and Conditions, nu 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 that may corrupt, destroy, compromise, disrupt, disable, harm, jeopardise, or impede the operation, stability, security, functionality, or content of your computer system, computer network, hardware, or software. You accept all risks associated with the presence of such viruses, destructive materials, or any other data or code that may impact the operation or content of your computer system, computer network, handset, mobile device, hardware, or software, unless such risks arise from the gross negligence or wilful misconduct of nu, its employees, agents, or authorised representatives. nu therefore disclaims all liability for any damages, losses, or liabilities of any nature arising from or in connection with your access to or use of the App.

16.1

The App may include links or references to other websites ("Third Party Websites") that are beyond our control, including those of advertisers. These Terms and Conditions do not apply to Third Party Websites, and nu is not responsible for the practices and privacy policies of those Third Party Websites or the use of "cookies" by those sites.

16.2

While the App may provide links or references to Third Party Websites, your use of such Third Party Websites is entirely at your own risk, and we are not liable for any loss, expense, claim, or damage, whether direct, indirect, or consequential, arising from your use of Third Party Websites or your reliance on any information contained therein.

17.1

nu cannot be held liable for any inaccurate information published on the App or any incorrect prices displayed on the App or communicated, except in cases where such liability arises from the gross negligence or wilful misconduct of nu, its employees, agents, or authorised representatives. We encourage you to contact us to report any potential errors by email at support@lyfebegins.com.

17.2

nu shall not be liable for any direct, indirect, incidental, special, or consequential loss or damages that may arise from your use of, or reliance upon, the App or the content contained therein. This includes your inability to use the App, any unlawful activity on the App, or any linked Third Party Websites or mobile applications. In the event that nu is found to be liable to you, such liability shall be limited to the order charges relating to your specific order.

17.3

By using the App and / or any linked Third Party Websites or mobile applications, you agree to indemnify nu against any loss, claim, or damage that may be suffered by yourself or any third party arising from your use of the App.

18.1

We will make reasonable efforts to keep the App available, except during scheduled maintenance periods. However, we reserve the right to discontinue providing the App or any part thereof at any time, with or without notice to you.

18.2

nu may, at its sole discretion, terminate, suspend, or modify the App, with or without notice to you. In the event of such suspension, modification, or termination, nu will not be liable to you, except for processing any orders made by you prior to such action, to the extent possible.

18.3

Failure to comply with your obligations under these Terms and Conditions, including any incidents involving payment for an order, may result in the suspension and / or termination of your access to the App, at our sole discretion and with or without notice to you. This action will not prejudice any claims for damages or other remedies we may have against you.

18.4

nu has the right to blacklist you on its database (including suspending or terminating your access to the App), refuse to accept or process payment for any order, and / or cancel any order made between you and nu, in whole or in part, with notice to you, in the following situations:

1. To prevent suspected fraud or abusive behaviour towards our staff.

2. If we suspect that you are abusing the App.

3. If you have created multiple user profiles to exploit a promotion or coupon intended for single use by you.

18.5

nu accepts no liability for any consequences arising from such blacklisting or refusal to process an order, except as expressly provided by law.

19.1

Between you and nu, and between you and any Restaurant, no party will be held liable to any other party for any delay or failure in fulfilling its obligations (excluding payment obligations) under these Terms and Conditions, if such delay or failure is caused by an event beyond its control. This includes, but is not limited to, acts of God, fires, floods, earthquakes, or wars.

20.1

These Terms and Conditions, the relationship between you and nu, or any Restaurant, and any dispute arising from or related to these Terms and Conditions will be governed and interpreted in accordance with the laws of the Republic of South Africa. By continuing to use the App, you consent and submit to the jurisdiction of the South African courts for any proceedings, transactions, applications, or similar matters brought by either party against the other, arising from these Terms and Conditions.

20.2

In the event of any dispute between you and nu, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa, Western Cape Division, Cape Town, even if the monetary value of the claim falls below the court's jurisdictional limit.

20.3

Please note that this clause does not limit your right to approach any court, tribunal, or forum of competent jurisdiction as provided by the Consumer Protection Act (CPA).

21.1

nu hereby selects Unit 3 Hazel Junxion, 14 26th Street, Menlo Park, Pretoria (with a copy to legal@lyfebegins.com, which copy must be given for notice to be valid) as its legal address for the service of all formal notices and legal processes in connection with these Terms and Conditions. nu reserves the right to change this address by updating these Terms and Conditions.

21.2

You hereby select the email address and any address specified within your profile as your legal address. You have the option to change your legal address by providing written notice to nu at least 7 days in advance.

21.3

Notices must be sent in English and can be delivered by hand, prepaid registered post, or email. The following rules apply to the deemed receipt of notices:

1. Notices delivered by hand will be deemed received on the date of delivery.

2. Notices sent by prepaid registered post will be deemed received 15 days after the date of posting.

3. Notices sent by email before 15:00 on a business day will be deemed received on the date of successful transmission of the email. Emails sent after 15:00 or on a non-business day will be deemed received on the following business day, unless proven otherwise.

In accordance with the Electronic Communications and Transactions Act 2002, the following information pertains to nu and should be read in conjunction with the product descriptions and other terms and conditions on the App:

22.1

Full name: LYFE Technologies (Pty) Ltd, a private company registered in South Africa under registration number 2023 / 697214 / 07.

22.2

Main business: In-restaurant Food ordering and payment service.

22.3

Physical address for receipt of legal service (including postal and street address): Unit 3 Hazel Junxion, 14 26th Street, Menlo Park, Pretoria (marked for attention: CEO and Legal). A copy of any notice must be sent to legal@lyfebegins.com to be considered valid.

22.4

Official email address: info@lyfebegins.com.

22.5

PAIA: The manual published in compliance with section 51 of the Promotion of Access to Information Act 2000 can be downloaded from here. Restaurant information is available in the relevant Product listing. Intellectual property complaints: legal@lyfebegins.com.

23.1

nu, in its sole discretion, reserves the right to suspend or terminate the operation of the App, or an individual's right to use the App and its contents, at any time and for any reason, without prior written notice. This is subject to nu processing any orders that have already been placed by the individual.

23.2

The rights and obligations in these Terms and Conditions cannot be transferred, assigned, or ceded to any third party by the individual.

23.3

The failure of either party to enforce any right stated in these Terms and Conditions shall not be considered as a waiver of that right.

23.4

If any term or condition in these Terms and Conditions is deemed invalid, the remaining terms and conditions will continue to be in full force and effect.

24.4

No changes or modifications to the Terms and Conditions will be valid unless they are in writing and accepted by or on behalf of both parties.

24.5

Any leniency, extension of time, relaxation, or latitude shown by either party shall not be considered a waiver of any of their rights, nor shall it prejudice the exercising of those rights in the future.

24.6

These Terms and Conditions constitute the entire agreement between the individual and nu, and no other warranty or undertaking is valid unless explicitly stated in this document.