Welcome to Afridine's Terms And Conditions

Order And Sales

1. How it works?

1.1 You may order Food via the Website. At the time of ordering, you are required to indicate your address, and then you will be given a selection of Restaurants. You will only be allowed to order Food from that selection of Restaurants, which fall within the prescribed area (as determined by Afridine from time to time) surrounding your given address.

1.2 Where you have ordered using the Website, you may be given the choice of receiving the Food by means of courier, which delivery service shall be carried out either (i) by Afridine or its nominee, or (ii) by a driver whom you mandate to deliver Food on our cloud platform ("Cloud Driver") (items (i) and (ii) collectively referred to as the "Courier Delivery"), or by means of self-collection by you or your nominee from the relevant Restaurant ("Self-collection"). Where no choice is given for a Courier Delivery, you will be able to order Food on the Website for Self-collection.

1.3 We will indicate on the relevant product and checkout pages in the Website which Food items are for sale by a particular Restaurant. You can only order Food from one Restaurant at a time, in each order that you place.

1.4 You can only place orders for Food from a Restaurant provided that it is open for business and active on the Website. You may only place orders for liquor products during the hours permitted by law.We may at any time suspend or terminate the availability of a Restaurant, menu or menu item on the Website, in our sole discretion.

1.5You acknowledge that, notwithstanding that the Food may be ordered via the Website, you place such order with the relevant Restaurant. The sale of Food (formed on acceptance of an order, as set out in clause 3.2) is solely between the registered user and the relevant Restaurant. Neither Afridine nor any party attending to the Courier Delivery (if applicable) is a party to that sale of Food. Afridine only provides the platform to facilitate transactions between Restaurants and registered users in relation to the Food. Afridine is neither the buyer nor the seller of the Food. Any claims the registered user may have in respect of the Food shall be against the relevant Restaurant.

1.6 Because we want you to have a safe and consistent experience, Afridine will be your first point of contact for any complaints arising out of or in connection with the sale of Food between a registered user and a Restaurant. Should such complaint escalate into being a dispute, although Afridine is entitled to become involved in an attempt to resolve it, Afridine is not obliged to do so and any disputes must be resolved between the registered user and the relevant Restaurant.

2. Registration and use of the Website

2.1 Only registered users may order Food via the Website.

2.2 To register as a user via the Website, you must provide Afridine with your unique email address or telephone number, personal details and any other relevant information required. You will thereafter be requested to select your own password or be issued a randomly generated password (which you may subsequently change).

2.3 You will need to use your unique username and password to place an order via the Website. You agree that a Afridine operator may call you to confirm your personal details, order information and amount owed. For security purposes you agree to enter your correct username and password whenever ordering Food via the Website, failing which we will not process your order.

2.4 You agree and warrant that your username and password (if applicable) shall:

2.4.1 not be disclosed by you to any third party.

2.5 You agree that, once your correct username and password have been entered (in relation to the Website), irrespective of whether the use of the username and/or password is unauthorized or fraudulent, you will be liable for payment of any resulting order.

2.6 You agree to notify Afridine immediately upon becoming aware of or reasonably suspecting any unauthorized access to or use of your username and/or password and to take steps to minimize any resultant loss or harm.

2.7 You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. You may use the Website only for lawful purposes and may not in any way (including without limitation by use of any robot, spider, other automatic device or manual process) monitor, distribute, display, publish, copy, print, post, modify or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorized Afridine representative.

3. Conclusion of Sales and availability of Food

3.1 Registered users may place orders for Food, which the Restaurant and/or Afridine may accept or reject. The placing of an order will happen when payment is made by any of the acceptable payment methods in 8.3 and is confirmed on the Website. Whether or not the Restaurant and/or Afridine accepts an order depends on various factors, including but not limited to, the availability of Food, capacity for Courier Delivery, correctness of the information relating to the Food (such as the price) and receipt of payment or payment authorization (if applicable) by Afridine for the Food.

3.2 Afridine charges each restaurant a commission based on the value of the food ordered on the Website. Menu pricing on the Website is set at the discretion of each Restaurant and may differ to the in-store menu pricing or prices on other Websites

3.3 NOTE: Afridine will indicate the acceptance of your order (by Afridine Food and the Restaurant) by way of notification on the Website or email ("Acceptance Notice"), and only at that point will agreements of sale (the "Sale") come into effect between you and:

3.3.1 the Restaurant in respect of the Food; and
3.3.2 if applicable, Afridine in respect of the Courier Delivery services (if you requested Courier Delivery of the Food).

This is regardless of any earlier communication from the Restaurant and/or Afridine stating that your order or payment has been confirmed. Afridine will indicate the rejection of your order by cancelling it, notifying you thereof and credit your Credit Wallet, for the amount you already paid. You can then use this credit either immediately or at a later date when you place your next order with Afridine. Should you wish to have a refund, please refer to the FAQ section.

3.4 Prior to the Food being delivered to your nominated address or you being notified that the Food is ready for collection (as applicable), we may reject an order or cancel a Sale at any time due to: (i) the Restaurant being unable to fulfil the order; (ii) Courier Delivery services not being readily available (if applicable); and/or (iii) any other reason in Afridine's sole discretion.

3.5 Should you wish to retract your order, you should contact Afridine via telephone immediately, and Afridine will use its reasonable endeavors to effect such retraction. You will not be able to retract your order via the Website, or after an Acceptance Notice has been generated. You will not be able to change your order after placing it, but may be able to retract it (subject to the above), and place a new one.

3.6 Placing Food in your shopping basket on the Website without completing the purchase cycle does not constitute an order for Food, and as such, Food may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Afridine and/or the Restaurant liable if such Food is not available or is not available at a particular price when you complete or attempt to complete the purchase cycle at a later stage.

3.7 Afridine relies on information supplied to it by the Restaurants relating to the Food, and Afridine accordingly bears no liability for any inaccuracies in such information supplied to it. You acknowledge that stock of all Food on offer may be limited. Afridine will take reasonable efforts to ensure that when Food is no longer available, offers thereof are discontinued on the Website. However, we cannot guarantee the availability of Food. When Food is no longer available after you have placed an order or the Restaurant does not accept your order, Afridine will notify you thereof and reject your order or cancel the Sale ("Failed Order"). Afridine will credit your Credit Wallet for the amount you paid in respect of the Failed Order. You can use this credit either immediately or at a later date when you place your next order with Afridine. Should you wish to have a refund of the amount in your Credit Wallet, please refer to the FAQ.

3.8 You also acknowledge that the pricing of Food may change at any time without notice to you, but no price change will affect any Food ordered in respect of which you have received an Acceptance 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 at any time and you will be entitled to a refund of the amount paid by you for such order.

3.9 Any dispute regarding inaccurate information relating to a Restaurant or Food, Food pricing errors or sold-out Food should be resolved between you and the relevant Restaurant; your respective rights and obligations being as set out in these Terms and Conditions.

3.10 It is your responsibility to establish from the relevant Restaurant which ingredients will be used when preparing the Food and make the necessary arrangements with such Restaurant to exclude any ingredients if you have any allergies or special requirements (unless such exclusions can be made by you on the Website). We cannot and do not guarantee that the Food will be free of allergens and we disclaim any liability relating to any ingredients or allergens contained in Food.

4. Minors, liquor and vaping products

4.1By using the Website you warrant that you are 18 years of age or older and of full legal capacity. If you are under the age of 18 or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then he/she agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

4.2 Restaurants may not sell liquor or vaping products to you if you are under the age of 18 (regardless of any supervision by a parent or guardian). You may be requested to provide proof of your age before receiving any liquor or vaping products ordered via the Website. The Courier Delivery or Self-collection of any liquor or vaping products may be refused and you will be held liable for all charges relating to such order, should 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 delivery or collection of such products.

5. Conclusion of Sales and availability of Food

5.1 For each order, you will be charged:

5.1.1 the total Food price by the relevant Restaurant;
5.1.2 where you have selected Courier Delivery, a Courier Delivery fee by Afridine, alternatively a driver fee by the Cloud Driver ; and
5.1.3 where you have ordered from certain Restaurants as indicated on the Website, a personal shopper fee by Afridine may be charged in addition to the Courier Delivery fee, or a driver fee by the Cloud Driver (as the case may be),
where such charges are as reflected on the Website at the time you place the order (together, the "order charges").

5.2 If specifically requested by you, Afridine will provide you with a valid invoice for any fees charged by it or the Cloud Driver (as the case may be) in respect of the Courier Delivery. The invoice will be sent to you by email and will also reflect the price of the purchased Food as a line item. Please contact the relevant Restaurant directly if you require a valid invoice in respect of the purchased Food. Contact details of the Restaurant can be requested from Afridine's national call centre. If any Restaurant fails to provide you with the invoice within 5 business days after your request, you may notify us thereof and we will endeavour to obtain and provide you with the required invoice as soon as possible.

6. Payment

6.1 The restaurant you are purchasing from will receive payment of all order charges and will pay the the "Tip" and "Delivery" portion to the delivery/courier driver. Restaurants are authorized to receive payment for delivery on behalf of the delivery/courier driver.

6.2 Payment for your order can be made in one of the following ways:

6.2.1 Credit Card Payment by credit card may only be made when an order is placed via the Website. Where payment is made by credit card, we may require additional information in order to authorize and/or verify the validity of payment. You will be redirected to the secure site of our payment gateway, which is not owned by Afridine or under Afridine's control, and for which you acknowledge Afridine is not responsible in law. Such payment gateway is however committed to upholding strict security standards, and at no stage will Afridine store your credit card details (save for the last four digits for payment purposes). We are entitled to withhold processing the order until such time as the additional information is received by us and authorization is obtained by us for the amounts. If we do not receive authorization, your order for the Food will be cancelled. You warrant that you are fully authorized to use the credit card supplied for purposes of paying the order charges. You also warrant that your credit card has sufficient available funds to cover all the order charges.
6.2.2 M-pesa Payment: You will be required to enter your Vodacom cellphone numbers which is registered on M-pesa and a pop-up dialog will ask you to verify the payment by entering your pin. You also warrant that your M-pesa account has sufficient available funds to cover all the order charges.
6.2.3 Ecocash Payment: You will be required to enter your Econet cellphone numbers which is registered on Eco-Cash and a pop-up dialog will ask you to verify the payment by entering your pin. You also warrant that your Ecocash account has sufficient available funds to cover all the order charges.
6.2.4 Cash on delivery: Cash payments may only be made to Afridine or its nominee upon receipt of the Food by means of Courier Delivery (not Self-collection). By selecting this option, you undertake to ensure that you have sufficient cash on hand at the time of delivery to cover the order charges.

7. Delivery of Food

7.1 If you order Food for Courier Delivery by Afridine or its nominee (i.e. a Afridine franchisee, an independent contractor or Cloud Driver) (the "Courier"):(i) you are required to indicate the physical address to which the Food should be delivered ("Delivery Address"); (ii) you are not allowed to change the Delivery Address after submitting your order; and (iii) you will only be allowed to order Food from Restaurants within the prescribed range (as determined by Afridine) from your Delivery Address.

7.2 If you order Food for Self-collection: (i) you should indicate a physical address, in order for Afridine to provide you with a selection of Restaurants in such area; and (ii) you will only be allowed to order Food from such Restaurants.

7.3 Where you have requested the Food to be delivered to you by way of Courier Delivery and you have received an Acceptance Notice:

7.3.1 the Courier will endeavour to deliver the Food to you by the estimated delivery time specified in the Acceptance Notice, however, delivery times are not guaranteed and may be adjusted by us in our reasonable discretion.Events outside of the Courier's control such as traffic, inclement weather conditions and delays by the Restaurant in relation to your order may result in a delay of the delivery of the Food, but the Courier will continue with its efforts to deliver the Food to you as soon as possible in the circumstances; and
7.3.2 Our obligation to deliver the Food is fulfilled when the Courier delivers the Food to the Delivery Address.The Courier is only responsible for the delivery of the Food to the Delivery Address. the Courier arrives at the Delivery Address and you fail to open the door or respond to its telephone calls within 10 minutes, the Courier may leave the premises, taking the Food with it, and you will remain liable for payment of all order charges. If you are not able to be present at the Delivery Address to accept delivery of the Food, it is your responsibility to arrange for someone else to accept the delivery at such address and pay for the order on your behalf if payment has not yet been made.Neither Afridine Food nor the Restaurant is responsible for any loss or unauthorized consumption of Food, after the Courier has delivered the Food to the Delivery Address.

7.4 Where you have ordered Food for Self-collection from the Restaurant and you have received an Acceptance Notice:

7.4.1 you or your nominee should display a copy of the Acceptance Notice to the Restaurant upon collection of the Food; and
7.4.2 the Restaurant is responsible for making the Food available for collection by you or your nominee at its premises, at the estimated collection time set out in the Acceptance Notice.If you or your nominee fails to collect the Food or respond to our or the Restaurant's telephone calls, within 60 minutes after the estimated collection time, the Restaurant may dispose of the Food in any manner which it deems fit and you will remain liable for payment of the Food. Any dispute regarding the Restaurant failing to make the Food available at the collection time or within 60 minutes thereafter, should be resolved between you and the relevant Restaurant; your respective rights and obligations being as set out in these Terms and Conditions.

8. Errors

8.1 We shall take all reasonable efforts to accurately reflect or inform you of the Food description, availability, purchase price and Courier Delivery service charges via the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to an order or Sale based on any error, the rejection of an order or the cancellation of a Sale, save to the extent of refunding you for any amount already paid.

9. Complaints

9.1 We want you to be happy with your purchase. Please let us know by telephone or email as soon as possible if there is a problem with your Food quality and/or temperature, if you receive the wrong Food or if you receive Food which is not as described on the Website

9.2 Save where we determine in our sole discretion that the cause for the complaint was due to the fault of the Restaurant, we will communicate your complaint to the relevant Restaurant, and thereafter the matter will need to be resolved by the parties to the Sale of Food, being you and the Restaurant, and Afridine shall bear no liability in relation to such complaint. Afridine may in its sole and absolute discretion provide you with compensatory amount in your Credit Wallet