Terms of Service

1.1. These Terms of Service ("Terms") are an agreement between you (the "Customer") and Get Chow (Pty) Ltd ("Get Chow", "we", "us", the "Platform") governing your use of our WhatsApp-based food ordering and payment service (the "Service").

1.2. By placing an order through the Service, you accept these Terms. A link to these Terms is provided in the WhatsApp ordering flow before payment.

1.3. The following policies form part of these Terms and are incorporated by reference:

• Acceptable Use Policy, at getchow.co.za/legal
• Order Fulfilment & Collection Policy, at getchow.co.za/legal
• Refunds, Cancellations & Disputes Policy, at getchow.co.za/legal

If there is a conflict, these Terms prevail.

2.1. We provide a technology and payment-facilitation service that lets you browse menus, place orders with, and pay independent restaurants ("Restaurants") via WhatsApp.

2.2. The Restaurant, not Get Chow, is the seller of the food. Each order is a sale contract between you and the Restaurant named on your order. The Restaurant is solely responsible for the preparation, quality, safety, packaging and handover of your order, and for compliance with food-safety and licensing laws.

2.3. We collect payment from you on behalf of the Restaurant and settle it to the Restaurant, less our service fees. Payment to us discharges your payment obligation to the Restaurant for that order.

2.4. We do not prepare, handle, store or transport food, and we do not offer delivery. All orders are collected by you from the Restaurant's premises.

3.1. You must be 18 or older to place an order, and you must provide accurate contact details.

3.2. You agree to use the Service only as permitted by the Acceptable Use Policy.

3.3. The Service operates on WhatsApp, and your use of WhatsApp remains subject to WhatsApp's and Meta's own terms. We are not responsible for WhatsApp outages or message delivery failures beyond our control.

4.1. Menu items, prices and availability are set by each Restaurant and may change. All prices are in South African Rand and include VAT where applicable.

4.2. An order is placed when you confirm it and complete payment in the WhatsApp flow, and it is accepted only when you receive our confirmation message. Until then, no contract exists.

4.3. Payment is processed by our payment providers, Peach Payments and Paystack. We do not store your full card details.

4.4. Any service or transaction fee charged to you is shown before you pay.

4.5. Preparation times are estimates only.

5.1. Collection of orders is governed by the Order Fulfilment & Collection Policy, including the requirement to collect ready orders promptly, as food is perishable.

5.2. Cancellations, refunds, chargebacks and disputes are governed by the Refunds, Cancellations & Disputes Policy. Approved refunds are processed by us to your original payment method.

5.3. Nothing in these Terms limits your rights under the Consumer Protection Act 68 of 2008 (the "CPA").

6.1. To the maximum extent permitted by law, including the CPA:

1. we are not liable for the acts or omissions of any Restaurant, including the quality, safety or fitness of any food, allergens, or a failure to fulfil an order. Your recourse for such matters lies against the Restaurant, though we will assist in line with our Refunds Policy.
2. we are not liable for indirect or consequential loss.
3. our total liability to you arising from any order is limited to the amount you paid for that order.

6.2. Nothing in these Terms excludes liability that cannot lawfully be excluded, including liability for gross negligence or wilful misconduct, or your CPA rights in respect of services we ourselves supply.

6.3. Allergen warning. Allergen and ingredient information is provided by Restaurants. If you have an allergy, confirm directly with the Restaurant before ordering.

7.1. We may suspend or refuse service to any Customer who breaches these Terms or the Acceptable Use Policy, including for fraudulent payments or abusive conduct, and we may cancel affected orders, with a refund where required by law.

8.1. We are the responsible party under the Protection of Personal Information Act 4 of 2013 ("POPIA") for personal information processed through the Service.

8.2. What we collect: your WhatsApp number and profile name, order contents and history, payment confirmation data (not full card numbers), and messages in the order thread.

8.3. Why we process it. We process your information to conclude and perform your orders (contractual necessity), to process payments and refunds, to prevent fraud and defend chargebacks (legitimate interest), and to comply with the law. We only send marketing messages with your consent, and you may opt out at any time by replying STOP.

8.4. Who we share it with: the Restaurant fulfilling your order, which receives order details and your name and number for collection; our payment providers, Peach Payments and Paystack, to process payment; and the service providers who host our systems, all under appropriate safeguards. We do not sell your personal information.

8.5. Retention. Order and payment records are kept for 5 years for tax, dispute and legal purposes, after which they are deleted or anonymised.

8.6. Your rights. You may request access to, correction of, or deletion of your personal information, you may object to processing, and you may lodge a complaint with the Information Regulator (inforeg.org.za). Contact us at hello@getchow.co.za.

Full instructions for requesting deletion are available at getchow.co.za/data-deletion.

8.7. WhatsApp and Meta process message data under their own privacy policy, independently of us.

The Service, our branding and our content are our property or licensed to us. Restaurant menus and branding belong to the relevant Restaurant.

10.1. Governing law. These Terms are governed by the law of South Africa, and the courts of South Africa have jurisdiction.

10.2. Disputes with us. Contact us first at hello@getchow.co.za, and we will attempt to resolve the matter within 10 business days. This does not limit your right to approach the Consumer Goods and Services Ombud (cgso.org.za), the National Consumer Commission, or the courts.

10.3. Changes. We may update these Terms, and the current version applies to each new order. We will notify material changes in the WhatsApp flow.

10.4. If any clause is unenforceable, the rest remains in force. No failure to enforce a clause is a waiver of it.

10.5. Contact and legal notices: Get Chow (Pty) Ltd, 80 Strand Street (WeWork), Cape Town, hello@getchow.co.za, +27 82 683 9470.