DigiDude Terms and Conditions

V1.2 Updated 2021/05/31

Introduction

  • The DigiDude platform is a Multi-vendor marketplace and delivery tasking platform purposed at finding customers/buyers for products and services offered for sale by 3rd party merchants/sellers for a commission, deliveriy tasks are posted on an open market platform where freelance agent drivers can accept the delivery tasks on a task-to-task basis.
  • Customer can access our service from our website www.digidude.co.za or DigiDude mobile applications available on iOS and Android.  The Apps are owned and operated by Dude Systems PTY Ltd ("Dude Systems T/A DigiDude”, "we", "us" and "our").
  • The system enables users to purchase food, products and services from locally available merchants listed on the system.
  • These terms and conditions ("Terms and Conditions") govern the ordering, purchasing of food, products and services (“Items” on the DigiDude platform (website, call centre and apps). By downloading / installing our Apps or by using our platform you agree to be bound by and confirm that you have read the Terms and Conditions.

Important Notice

  • These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act 2008 (the "CPA").
  • These Terms and Conditions contain provisions that appear in similar text and style to this clause and which - May limit the risk or liability of Dude Systems or a third party, and/or May create risk or liability for the user; and/or May compel the user to indemnify Dude Systems or a third party; and/or Serve as an acknowledgement, by the user, of a fact.
  • DigiDude cannot be held liable for issues caused, warranty, taxes or defects in products and service etc. offered by merchants/sellers or freelance delivery agents.
  • DigiDude cannot be liable for actions taken by Merchants or their staff, freelance delivery agents or persons not employed by Dude Systems PTY Ltd
  • Please take note of the Terms and Conditions:
    • If you do not understand our Terms and Conditions, it is your responsibility to ask us to explain before accepting the Terms and Conditions and using our Services.
    • 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 DigiDude Food in terms of the CPA.

 

These Terms and Conditions are divided into three sections, as follows:
Part A - Orders and Sales
Part B - Privacy Policy
Part C - General Legal Terms

 

 

Part A – Orders and Sales

How it works

  1. You may order Food, products and services for delivery from the website or App, your address/GPS will be required. The system will match your requirements with locally available trading merchants.
  2. Food, Products and Services for delivery can be purchased on the platform using your Visa or Mastercard. Delivery is integrated and is handled by “Delivery Dudes” which is an agent-based delivery service.
  3. Liquor products can be delivered during legally permitted hours, pending government regulations.
  4. All orders/Purchases made on the platform are made between you the customer/buyer and the merchant/seller and that DigiDude only facilitates the transaction and cannot take any responsibility for errors between Seller and buyer. However we will assist customers rectify these errors.

Registration and use of the App

  1. Only registered users may use/purchase/order on the App or website.
  2. To register as a user via the App, you must provide DigiDude with your unique email address and telephone number, personal details and any other relevant information. You will be required to enter a password to secure your account.
  3. You will require you username and password to access our platform.
    • The safety of your account is your responsibility, do not share your username or password with others. You will be liable for all purchases made with your account.
    • If you doubt the security of your account change your password or contact us for help.
  4. App can only be used as legally intended, any illegal use or attempt to disrupt the working of the system will be met with legal actions.

 Conclusion of Sales and availability of food, products and services

  1. Customers may place orders, which the merchant and/or DigiDude may accept or reject.
    • Acceptance or rejection will be shown as a notification on your App
    • Orders are accepted by merchant/seller on various factors, including but not limited to, the availability, capacity for delivery, correctness of the information (such as the price) and receipt of payment or payment authorisation.
  2. Food, products and services are only actioned once payment has been confirmed on the app.
  3. You will be notified if order is cancelled with refund being paid into your wallet.
    • Funds in the wallet can be used immediately to make purchases or as credit for future purchases.  
  4. Prior to the Food being delivered or ready for collection, we may reject an order or cancel a sale at any time due to:
    • The Merchant being unable to fulfil the order
    • Delivery service unable to fulfil the delivery
    • Any other reason in DigiDude’s sole discretion.
  5. Orders cannot be changed or cancelled once placed, please confirm the order is correct before placing it.
  6. Placing items in your shopping cart without payment does not constitute an order.
  7. Orders placed without order confirmation notification are inactive, please contact DigiDude by Chat to resolve this.
  8. Prices and availability may change without notice, DigiDude or Merchant/seller cannot be held liable for losses due to changes
  9. Items in cart do not secure availability or hold prices.
  10. DigiDude cannot be held responsible for errors in information supplied by merchants/sellers or 3rd party
  11. Any dispute regarding inaccurate information relating to a merchant/seller should be resolved directly with the merchant.
  12. It is your responsibility to confirm any exceptions, changes or restrictions directly with the merchant/seller
    • Allergies and special requirements must be discussed with merchant/food suppliers during the order process.
    •  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.

Minors, liquor and tobacco

  1. By using the App you warrant that you are older than 18 years of age 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 App only with the involvement and supervision of your parent or legal guardian who is then bound and liable to these Terms and Conditions and responsible for you and all your obligations.
  2. Restaurants may not sell liquor or tobacco 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 tobacco products, should you fail to provide adequate proof or if you appear to be under the influence of drugs or alcohol the delivery will be denied and you will be held liable for the costs.

Order and delivery of medicine

  1. Orders of over the counter medicines can be made directly with our pharmacy merchant/sellers using the Digidude app.
    1. DigiDude is not selling the medicine but instead is taking payment on behalf of the licenced and registered pharmacy.
  2. Delivery will only be made to the authorized person
  3. Conclusion of Sales and availability
    • For each order, you will be charged:
      1. The total price of requested food or product
      2. Delivery charge based on distance from merchant to customer and travelling time
    • All charges will be calculated at checkout

Payment

  1. Payment methods – the platform only uses Mastercard or Visa card payments
    • A secure paygate is used to make payment using card details supplied
    • DigiDude does not save or record your card information.
  2. DigiDude platform will take all payments on behalf of merchants/sellers and freelance agent drivers using our secure payment gateways on our website and mobile Apps.
  3. We are authorised to receive payment for purchases on the platform on behalf of our merchants.
  4. By using the card on our platform you confirm that you are legally authorized to use the card
  5. DigiDude platform takes payment on behalf of merchants/seller and as such are not liable for merchant's taxes or VAT
  6. Digidude will be liable to pay taxes on commission earned.

Delivery of food and products

  1. Current restrictions dictate that your need to meet new delivery criteria
    • A legal and compliant address
  2. Delivery times cannot be guaranteed
  3. The delivery is completed when the freelance agent driver delivers the product to the listed address.
  4. If there is no one home or the door is not opened the freelance agent driver can conclude the delivery after waiting 10minutes.
    1. If freelance agent driver is delivering food he can leave the premises and return the food to the merchant at the customers cost. It is the customers responsibility to have someone available to accept food.
    2. For products the freelance agent driver can conceal the package or leave it with neighbours if possible.

Errors

  1. We shall take all reasonable efforts to accurately reflect or inform you of the listed items description, availability, purchase price and delivery service charges via the App. However, should there be any errors of whatsoever nature on the App (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.
  2. DigiDude will do its best to facilitate a solution where possible, but the decision on a solution will remain the right of the merchant/seller. All disputes will be between Merchant/seller or freelance agent driver and customer/buyer.

Complaints

  1. We want you to be happy with your purchase and do our best to retain a high quality offering, if you did not receive this please let us know by chatting with us on the App / website or send us an email hi@digidude.co.za
  2. Where we determine in our sole discretion that the cause for the complaint was due to the fault of DigiDude, we will communicate your complaint to the relevant merchant and thereafter the matter will need to be resolved by the parties to the Sale of items, being you (Customer) and the merchant. DigiDude food shall bear no liability in relation to such complaint.
  3. DigiDude will do its best to facilitate a solution where possible, but the decision on a solution will remain the right of the merchant/seller. All disputes will be between Merchant/seller or freelance agent driver and customer/buyer.

Coupons and Vouchers

  1. DigiDude may from time to time issue coupons for use on the App towards the purchase of Food, products and services. Coupons can only be redeemed while they are valid and their expiry dates cannot be extended.
  2. Coupons are issued in DigiDude sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason. Users do not have a right to Coupons, and coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
  3. Unless otherwise stated under the specific terms and conditions regulating the Coupon:
    1. each Coupon can only be used once
    2. only one Coupon can be used per order
    3. only one Coupon can be used per person per promotion/campaign on the App
    4. a Coupon must be used at check-out – it cannot be used later on existing orders
    5. Coupons with a percentage discount offer may only be redeemed on purchases with a total cart value less than R2,000
    6. the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
    7. Coupons cannot be used to buy other Coupons, and cannot be exchanged or refunded for cash or credit. However, if you use a Coupon and your order is rejected or your Sale is cancelled, your Coupon will be made available for use again.
    8. DigiDude Food is not responsible for any loss or unauthorised use of a Coupon.

 

Part B - Privacy Policy

PRIVACY POLICY

1. Introduction
Welcome to DigiDude T/A Dude Systems PTY Ltd
DigiDude T/A Dude Systems PTY Ltd (“us”, “we”, or “our”) operates www.digidude.co.za (hereinafter referred to as “Service”).

Our Privacy Policy governs your visit to www.digidude.co.za, and explains how we collect, safeguard and disclose information that results from your use of our Service.
We use your data to provide and improve Service. By using Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.
Our Terms and Conditions (“Terms”) govern all use of our Service and together with the Privacy Policy constitutes your agreement with us (“agreement”).

2. Definitions
SERVICE means the www.digidude.co.za website operated by Dude Systems PTY Ltd

PERSONAL DATA means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
USAGE DATA is data collected automatically either generated by the use of Service or from Service infrastructure itself (for example, the duration of a page visit).
COOKIES are small files stored on your device (computer or mobile device).
DATA CONTROLLER means a natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your data.
DATA PROCESSORS (OR SERVICE PROVIDERS) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
DATA SUBJECT is any living individual who is the subject of Personal Data.
THE USER is the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.

3. Information Collection and Use
We collect several different types of information for various purposes to provide and improve our Service to you.

4. Types of Data Collected

Personal Data
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:

0.1. Email address
0.2. First name and last name
0.3. Phone number
0.4. Address, State, Province, ZIP/Postal code, City
0.5. Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link.

Usage Data

We may also collect information that your browser sends whenever you visit our Service or when you access Service by or through a mobile device (“Usage Data”).

This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When you access Service with a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

Location Data
We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of our Service, to improve and customize our Service.

You can enable or disable location services when you use our Service at any time by way of your device settings.

Location Data – DigiDude
To participate as a DigiDude driver, you must permit the DigiDude Services to access location services through the permission system used by your mobile operating system (“Platform”) or browser. We may collect the precise location of your device when the DigiDude app is running in the foreground or background of your device. We may also derive your approximate location from your IP address. We use your location information to verify that you are present in your preferred region or city when you begin or engage in a delivery through the DigiDude App (a “Delivery”), connect you with delivery opportunities in your zone, and track the progress and completion of your Deliveries. You can enable the location tracking feature through the settings on your device or Platform or when prompted by the DigiDude mobile app. If you choose to disable the location feature through the settings on your device or Platform, Dude Systems PTY Ltd will not receive precise location information from your device, which will prevent you from being able to Trip and receiving delivery opportunities in your area.

Tracking Cookies Data
We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

4.1. Session Cookies: We use Session Cookies to operate our Service.
4.2. Preference Cookies: We use Preference Cookies to remember your preferences and various settings.
4.3. Security Cookies: We use Security Cookies for security purposes.
4.4. Advertising Cookies: Advertising Cookies are used to serve you with advertisements that may be relevant to you and your interests.

Other Data
While using our Service, we may also collect the following information: sex, age, date of birth, place of birth, passport details, citizenship, registration at place of residence and actual address, telephone number (work, mobile), details of documents on education, qualification, professional training, employment agreements, non-disclosure agreements, information on bonuses and compensation, information on marital status, family members, social security (or other taxpayer identification) number, office location and other data.

5. Use of Data

Dude Systems PTY Ltd uses the collected data for various purposes:

0.1. to provide and maintain our Service;
0.2. to notify you about changes to our Service;
0.3. to allow you to participate in interactive features of our Service when you choose to do so;
0.4. to provide customer support;
0.5. to gather analysis or valuable information so that we can improve our Service;
0.6. to monitor the usage of our Service;
0.7. to detect, prevent and address technical issues;
0.8. to fulfill any other purpose for which you provide it;
0.9. to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
0.10. to provide you with notices about your account and/or subscription, including expiration and renewal notices, email-instructions, etc.;
0.11. to provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information;
0.12. in any other way we may describe when you provide the information;
0.13. for any other purpose with your consent.

6. Retention of Data
We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

7. Transfer of Data
Your information, including Personal Data, may be transferred to – and maintained on – computers located outside of your country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Dude Systems PTY Ltd will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information.

8. Disclosure of Data
We may disclose personal information that we collect, or you provide:

0.1. Disclosure for Law Enforcement.
Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities.
0.2. Business Transaction.
If we or our subsidiaries are involved in a merger, acquisition or asset sale, your Personal Data may be transferred.

0.3. Other cases. We may disclose your information also:
0.3.1. to our subsidiaries and affiliates;
0.3.2. to contractors, service providers, and other third parties we use to support our business;
0.3.3. to fulfill the purpose for which you provide it;
0.3.4. for the purpose of including your company’s logo on our website;
0.3.5. for any other purpose disclosed by us when you provide the information;
0.3.6. with your consent in any other cases;
0.3.7. if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.

9. Security of Data
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

10. Service Providers
We may employ third-party companies and individuals to facilitate our Service (“Service Providers”), provide Service on our behalf, perform Service-related services or assist us in analysing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

11. Analytics
We may use third-party Service Providers to monitor and analyze the use of our Service.

12. CI/CD tools
We may use third-party Service Providers to automate the development process of our Service.

13. Advertising
We may use third-party Service Providers to show advertisements to you to help support and maintain our Service.

14. Behavioural Remarketing
We may use remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimise and serve ads based on your past visits to our Service.

15. Payments
We may provide paid products and/or services within Service. In that case, we use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

16. Links to Other Sites
Our Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
For example, the outlined Privacy Policy has been created using PolicyMaker.io, a free web application for generating high-quality legal documents. PolicyMaker's online privacy policy generator is an easy-to-use free tool for creating an excellent privacy policy template for a website, blog, online store or app.

17. Children's Privacy
Our Services are not intended for use by children under the age of 18 (“Child” or “Children”).

We do not knowingly collect personally identifiable information from Children under 18. If you become aware that a Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from Children without verification of parental consent, we take steps to remove that information from our servers.

18. Changes to This Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update “effective date” at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

19. Contact Us
If you have any questions about this Privacy Policy, please contact us by email: hi@digidude.co.za

Part C - General Legal

Changes to these Terms and Conditions

  1. DigiDude Food may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the App.
  2. Any such change will only apply to your use of the App after the change is displayed in these Terms and Conditions. If you use the App or Telephone Service after such amended Terms and Conditions have been displayed, you will be deemed to have accepted such changes.

Electronic communications

  1. When you use the App or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our Privacy Policy as set out in Part B above.

Ownership and copyright

  1. The contents of the App, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in the App ("App Content") are protected by law, including but not limited to copyright and trade mark law. The App Content is the property of DigiDude, its advertisers and/or sponsors, and/or is licensed to Dude Systems PTY Ltd.
  2. Any use, distribution or reproduction of the App Content is prohibited unless expressly authorised by an authorised DigiDude representative or otherwise provided for in law. To obtain permissions for the commercial use of any App Content, hi@digidude.co.za

Disclaimer

  1. The use of the App is entirely at your own risk and you assume full responsibility for any risk or loss resulting from such use or reliance on any information on the App.
  2. Whilst DigiDude takes reasonable measures to ensure that the content of the App is accurate and complete, DigiDude makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the App, or as to the accuracy, completeness or reliability of any information on the App. If any such representations or warranties are made by DigiDude representatives, DigiDude shall not be bound thereby.
  3. DigiDude disclaims liability for all damage, loss or expense, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the App and/or any content therein, unless otherwise provided by law.
  4. Any views or statements made or expressed on the App are not necessarily the views of DigiDude, its directors, employees and/or agents.
  5. DigiDude is not liable for issues caused, warranty, taxes or defects in products and service etc. offered by merchants/sellers or freelance delivery agents.
  6. DigiDude is not liable for actions taken by Merchants or their staff or freelance delivery agents
  7. DigiDude platform takes payment on behalf of merchants/seller and as such are not liable for merchant's taxes or VAT
    1. Digidude will be liable to pay taxes on commission earned.
  8. In addition to the disclaimers contained elsewhere in these Terms and Conditions,  also 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 which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of DigiDude, its employees, agents or authorised representatives. DigiDude thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the App.

Linked third party websites

  1. The App may contain links or references to other websites ("Third Party Websites") which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and DigiDude is not responsible for the practices and/or privacy policies of those Third Party Websites or the "cookies" that those sites may use.
  2. Notwithstanding the fact that the App may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

Limitation of liability

  1. DigiDude cannot be held liable for any inaccurate information published on the App and/or any incorrect prices displayed on the App or communicated, save where such liability arises from the gross negligence or wilful misconduct of DigiDude, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to hi@digidude.co.za
  2. DIGIDUDE / DUDE SYSTEMS PTY LTD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE APP OR THE CONTENT CONTAINED IN THE APP; OR YOUR INABILITY TO USE THE APP, AND/OR UNLAWFUL ACTIVITY ON THE APP, AND/OR ANY LINKED THIRD PARTY WEBSITE OR MOBILE APPLICATION. SHOULD IT BE FOUND THAT DIGIDUDE / DUDE SYSTEMS PTY LTD IS LIABLE TO YOU, SUCH LIABILITY SHALL BE LIMITED TO THE ORDER CHARGES RELATING TO YOUR PARTICULAR ORDER.
  3. YOU HEREBY INDEMNIFY DIGIDUDE / DUDE SYSTEMS PTY LTD AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THE APP AND/OR ANY LINKED THIRD PARTY WEBSITE OR MOBILE APPLICATION.
  4. NOTWITHSTANDING THE INDEMNITIES GIVEN ABOVE, YOU HEREBY INDEMNIFY DIGIDUDE / DUDE SYSTEMS PTY LTD AGAINST ANY LOSS OR DAMAGES  OF WHATSOEVER NATURE SUFFERED IN RELATION TO, OR IN CONNECTION WITH, THE USE OF DIGIDUDE / DUDE SYSTEMS PTY LTD FOR YOUR MEDIRITE ORDER. YOU HEREBY ACKNOWLEDGE THAT DIGIDUDE IS ONLY A DELIVERY SERVICE IN RESPECT OF YOUR PHARMACY ORDER.
  5. NOTWITHSTANDING THE INDEMNITIES GIVEN ABOVE, YOU HEREBY INDEMNIFY DIGIDUDE / DUDE SYSTEMS PTY LTD AGAINST ANY LOSS OR DAMAGES  OF WHATSOEVER NATURE SUFFERED IN RELATION TO, OR IN CONNECTION WITH, THE USE OF DIGIDUDE SERVICES FOR YOUR RAIN ORDER. YOU HEREBY ACKNOWLEDGE THAT IS ONLY A DELIVERY SERVICE IN RESPECT OF YOUR RAIN ORDER.

Availability and termination

  1. We will use reasonable endeavours to maintain the availability of the App, except during scheduled maintenance periods, but are entitled at any time to discontinue providing the App or any part thereof with or without notice to you.
  2. DigiDude may in its sole discretion terminate, suspend and modify the App, with or without notice to you. You agree that DigiDude  will not be liable to you in the event that it chooses to suspend, modify or terminate the App, other than for processing any orders made by you prior to such time, to the extent possible.
  3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Food,product or service this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the App, without any prejudice to any claims for damages or otherwise that we may have against you.
  4. DigiDude is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the App and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by DigiDude to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the App), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and DigiDude, in whole or in part, on notice to you. DigiDude accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
  5. At any time, you can choose to stop using the App, with or without notice to DigiDude .

Force majeure events

  1. As between you and DigiDude, you and any Delivery company or any merchant, no party will be liable to any other party for any delay or failure in performing its obligations (excluding payment obligations) in terms of these Terms and Conditions due to an event beyond its control, including but not limited to, an act of God, fire, flood, earthquake or war.

Governing law and jurisdiction

  1. These Terms and Conditions, the relationship between you and DigiDude, any Restaurant or any Courier, and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the App will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
  2. In the event of any dispute arising between you and DigiDude, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
  3. Nothing in this clause 22 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

Notices

  1. DigiDude hereby selects 13 Swemmer Park, 150 Oostewal Road, Langebaan (with a copy to mike@digidude.co.za, which copy must be given in order for notice to be validly given) as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions ("legal address"). DigiDude may change this address from time to time by updating these Terms and Conditions.
  2. You hereby select the email address and any delivery address specified with your orders as your legal address, but you may change it by giving DigiDude not less than 7 days’ notice in writing.
  3. Notices must be sent either by hand, prepaid registered post or email and must be in English. All notices sent –
    • by hand will be deemed to have been received on the date of delivery;
    • by prepaid registered post, will be deemed to have been received 10 days after the date of posting; and
    • by email before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the email. All emails sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day, unless the contrary is proved.

Information

  1. For the purposes of the Electronic Communications and Transactions Act 2002, DigiDude’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the App:

Full name: Dude Systems PTY Ltd T/A DigiDude, a private company registered in South Africa with registration number 2020/427398/07.
Main business: Hyper-Local Market Place and delivery service
Physical address for receipt of legal service (also postal and street address): 13 Swemmer Park, 150 Oostewal Road, Langebaan
Director: Michael Sierra
Phone number: +27 81 748 3432
Official email address: hi@digidude.co.za

General

  1. DigiDude may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the App, or the user’s right to use the App, or any of its contents, subject to us processing any orders then already made by you.
  2. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
  3. Any failure on the part of you or DigiDude to enforce any right in terms hereof shall not constitute a waiver of that right.
  4. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
  5. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
  6. No indulgence, extension of time, relaxation or latitude which either you or DigiDude  (the "grantor") may show, grant or allow to the other of them (the "grantee") shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

These Terms and Conditions contain the whole agreement between you and DigiDude and no other warranty or undertaking is valid, unless contained in this document.