Welcome to Feasts & Treats! A platform for small home-based businesses in the food industry!
Expand your customer base and manage all your orders on a single platform!
Searching for a service provider in the food industry has never been this easy!
The terms herein represent and confirm the mutual agreement and participation of the (“Home based service provider” or “you”) on the mobile application platform FEASTS & TREATS a product of and currently made available by Univatrix Technologies (Pty) Ltd referred to as the “FEASTS & TREATS APPLICATION. The effective date of the terms of service is the date on which you sign up.
This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom and the Republic of South Africa, without regard to their conflict of laws provisions. Any dispute, conflict, or controversy arising out of or in connection with this Agreement, including its validity, construction, or enforceability, shall be first mandatorily submitted to settlement proceedings under the rules of arbitration applicable in the United Kingdom and South Africa, respectively.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE FEASTS & TREATS SERVICES.
Your access and use of the Feasts & Treats App constitutes your agreement to be bound by these terms, which establishes a contractual relationship between you and Univatrix Technologies (Pty) Ltd. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you.
The terms pertaining to the use of your personal information by Feasts & Treats is as provided in the Feasts & Treats Privacy Policy. Feasts & Treats may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider (including a transportation network company driver) and such information or data is necessary to resolve the complaint, dispute or conflict.
The terms of our agreement are as follows:
1.1. Each such supplemental term / addendum that references this document, will be incorporated into this agreement by reference.
1.2. In connection with each supplemental term / addendum, we will designate those actions, responsibilities, and services to be respectively provided by each of us.
1.3. In the event of a conflict, mutually agreed terms contained in a supplemental term / addendum will supersede conflicting terms contained in this agreement, but only with respect to the activities designated in such supplemental term / addendum. (The supplemental term / addendum takes precedence but only for that which it covers).
1.4. Feasts & Treats may amend the terms related to the Services from time to time. Amendments will be effective upon Feasts & Treats posting of such updated terms / supplemental terms / addendums / policies on the Feasts & Treats webpage. Your continued access or use of the Services after such posting constitutes your consent to be bound by the terms, as amended.
2.1. We each agree to work in good faith with one another on certain collaborative projects, which may include those outlined below or other projects as we mutually agree, in connection with the Meals / food products you make available (each, a “Meal”) via the Feasts & Treats Platform.
2.2. The Services provided consist of a technology platform that enables users (customers) of Feasts & Treats mobile application as part of the Services to arrange and schedule transportation and/or logistics services with independent third party providers of such services, including independent third party transportation providers and independent third party logistics providers under agreement with Feasts & Treats or certain of Feasts & Treats affiliates (“Third Party Providers”). Unless otherwise agreed by Feasts & Treats in a separate written agreement / addendum with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT FEASTS & TREATS DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY FEASTS & TREATS OR ANY OF ITS AFFILIATES.
2.3. The Services may be made available or accessed in connection with third party services and content (including advertising) that Feasts & Treats does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Feasts & Treats does not endorse such third party services and content and in no event shall Feasts & Treats be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.
3.1. To use our Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, to obtain an Account. Account registration requires you to submit to Feasts & Treats certain personal information, such as your name, address, mobile phone number. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services or Feasts & Treats termination of these Terms with you. You are responsible for all activity that occurs under your account, and you agree to always maintain the security and secrecy of your account username and password. Unless otherwise permitted by Feasts & Treats in writing, you may only possess one Account.
3.2. The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g: no selling of drugs and unlawful substances or items).
3.3. By signing up, the Feasts & Treats Platform will be made available to you for you to access: Feasts & Treats will not provide any delivery or logistics services. Rather, the Feasts & Treats Platform will provide:
(a) a virtual food market where users can view and order the food of their choice without the need for a physical retail store / dining premises and costs associated therewith,
(b) a platform where your business product will be advertised,
(c) data collection for building an online customer base,
(d) may provide demand prediction,
(e) will not provide payment processing and other related services in connection with your sale and delivery of Meals / food products and
(f) may allow your company to connect with Delivery organisations.
3.4. You agree that Feasts & Treats may make available to your customers a receipt and/or invoice for Meal(s) they purchased from you via the Feasts & Treats Platform.
(i) the parties hereby agree that Feasts & Treats shall not act as a payment collection agent for the purpose of accepting payments from your customers on your behalf; and
(ii) the parties agree that payment made by your customer to an affiliate of Feasts & Treats acting as an agent of Feasts & Treats or any other payment platform or facility shall be considered the same as payment made directly by your customer to you.
3.5. Meals / food products. Feasts & Treats may provide you reasonable advice regarding demand prediction, which you may use in connection with your determination of the quantity and type of meals / food products you make available via the Feasts & Treats Platform. You will prepare, and maintain, all hot meals / food products and all cold meals / food products according to the standards set out by the Department of Health, respective legislation, and regulations. You will determine any quality, portion, size, ingredient (including, but not limited to, food allergens) or other criteria that apply to the meals / food products (“Criteria”) and you are solely responsible for ensuring that your meals / food products meet (and, as necessary, such as in the case of food allergens, disclose) such criteria when they are made available via the Feasts & Treats platform. In the event you fail to prepare meals / food products within safe temperature ranges or if any meals / food products are inconsistent with the legal requirements and your criteria (each, a “Substandard Meal”), Feasts & Treats is under no obligation to make such substandard meals / food products available via the Feasts & Treats platform.
3.6. Food Certificate. You are responsible for obtaining and maintaining the necessary food preparation license and Feasts & Treats will not be held responsible for any non-compliance of your Company with South African law pertaining to the preparation and sale of food.
3.7. Taxes. You are responsible for determining and setting the retail price (“Retail Price”) for each Meal to be made available for sale via the Feasts & Treats Platform. You shall be the “retailer”, “provider” or “seller” of all meals / food products (including delivery services related to such meals / food products) for VAT, GST and other sales tax purposes and the responsible party for collection and remittance of the applicable taxes. For the sake of clarity, the retail price for each meal shall include VAT, GST and other sales tax, but you are solely responsible for determining all applicable taxes and identifying and informing Feasts & Treats of the appropriate tax inclusive amount for Feasts & Treats to advertise on your behalf for meals / food products sold under this Agreement. Except as may be expressly agreed in this agreement, each party shall be responsible for its expenses and costs during its performance under this agreement.
3.8. Meal Inventory. You maintain title to all meal inventory / shopping basket until each meal is delivered to your customer. You are responsible for the costs of all substandard meals / food products. You are responsible for costs related to reimbursement to your customers in the event any such customer(s) request a refund for unsatisfactory meal(s) (including, without limitation, any costs associated with retrieving any such unsatisfactory meal(s), if applicable). Feasts & Treats may deduct refunds from the payment made to you under this Agreement.
3.9. Service Fee. In consideration for use of the Feasts & Treats Platform, Feasts & Treats will charge you the following service fees:
Advertising:
(i) Service Providers will be allowed to advertise on the app. Service providers can upload an advert in png/jpg/gif format, select an ad type (banner ad or popup ad)
(ii) Subscriptions:
There are 4 types of subscriptions:
(iii) Payment for advertising subscriptions is made through the relevant App stores and each App store handles card payment details. Card details will not be stored anywhere on the Feasts & Treats platform.
3.10. Feasts & Treats Provided Content.
Feasts & Treats may, in Feasts & Treats sole discretion, permit you from time to time to submit, upload,
publish or otherwise make available to Feasts & Treats through the Services textual, audio, and/or visual
content and information, including commentary and feedback related to the Services, initiation of support
requests. Any User Content provided by you remains your property. However, by providing User Content to
Feasts & Treats, you grant Feasts & Treats a worldwide, perpetual, irrevocable, transferrable, royalty-free
license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly
display, publicly perform, and otherwise exploit in any manner such User Content in all formats and
distribution channels now known or hereafter devised (including in connection with the Services and Feasts
& Treats business and on third-party sites and services), without further notice to or consent from you, and
without the requirement of payment to you or any other person or entity. You represent and warrant that: (i)
you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and
releases necessary to grant Feasts & Treats the license to the User Content as set forth above; and (ii) neither
the User Content nor your submission, uploading, publishing or otherwise making available of such User
Content nor Feasts & Treats use of the User Content as permitted herein will infringe, misappropriate or
violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in
the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory,
delictual, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Feasts
& Treats in its sole discretion, whether or not such material may be protected by law. Feasts & Treats may,
but shall not be obligated to, review, monitor, or remove User Content, at Feasts & Treats sole discretion and
at any time and for any reason, without notice to you.
3.11. Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile
network’s data and messaging rates and fees may apply if you access or use the Services from a wirelessenabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and
updating compatible hardware or devices necessary to access and use the Services and Applications and any
updates thereto. Feasts & Treats does not guarantee that the Services, or any portion thereof, will function on
any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays
inherent in the use of the Internet and electronic communications.
4.1. The parties hereby agree that each business operating on the Feasts & Treats Platform will be solely responsible for the delivery of the goods,
4.2. Any purported delivery organisation shall operate under cover of your retail license privileges and control, as your agent, and shall not be regarded as your or our employee unless specifically employed by your company in writing.
4.3. For the sake of clarity, as between you and us, you, through the services provided by Delivery originations, are responsible for the delivery of Meals / food products and you maintain possession, control and care of the Meals / food products at all times.
4.4. You are responsible for providing the delivery organisation/s with reasonable guidance regarding the delivery of your meals / food products.
4.5. Whilst you may expect Third Party Providers to hand over your meals / food products to you, the offices of Feasts & Treats or the Feasts & Treats local service entity, Feasts & Treats or the Feasts & Treats local service entity shall not be held liable in the event of the Third Party Provider not handing over your meals / food products as expected. Moreover, Feasts & Treats or the Feasts & Treats local service entity shall not be liable for the loss or damage to your meals / food products whilst it is in transit.
5.1. Marketing. We will showcase the availability of your Meals / food products via the Feasts & Treats Platform through various promotional activities (e.g., advertising on the platform), as mutually agreed.
5.2. Marks. Subject to the terms and conditions of this Agreement, each party hereby grants to the other party (and, in the case of Feasts & Treats, to its affiliates) a limited, non-exclusive and non-transferable license during the Term to use such party’s respective Marks (as defined below), on a royalty-free basis, for the sole purpose of performing the promotional activities as set forth in an applicable Addendum. For purposes of this Agreement, the term “Marks” will mean the trademarks, service marks, trade names, copyrights, logos, slogans and other identifying symbols and indicia of the applicable party. All uses of a party’s marks by the other party will be in the form and format specified or approved by the owner of such marks. Neither party will use the other party’s marks without the prior, express, written consent of the other party. All goodwill related to the use of a party’s marks by the other party shall be to the benefit of the owner of such marks. Except as expressly set forth herein, neither party shall be deemed to grant the other party any license or rights under any intellectual property or other proprietary rights. All rights not granted are expressly reserved.
5.3. Publicity. Neither party may issue a press release or otherwise refer to the other party in any manner with respect to this Agreement or otherwise, without the prior written consent of such other party.
6.1. Definition. “Confidential Information” means any confidential, proprietary or other non-public information disclosed by one party (the “Discloser”) to the other (the “Recipient”), whether disclosed verbally, in writing, or by inspection of tangible objects. Confidential Information will not include that information that (a) was previously known to the Recipient without an obligation of confidentiality; (b) was acquired by the Recipient without any obligation of confidentiality from a third party with the right to make such disclosure; or (c) is or becomes publicly available through no fault of the Recipient. Each Recipient agrees that it will not disclose to any third parties, or use in any way other than as necessary to perform this Agreement, the Discloser’s Confidential Information. Each Recipient will ensure that Confidential Information will only be made available to those of its employees and agents who have a need to know such Confidential Information and who are to be bound by written obligations of confidentiality at least as protective of the Discloser of this Agreement before such individual has access to the Discloser’s Confidential Information. Each Recipient will not, and will not authorize others to, remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notices of ownership from any originals or copies of the Discloser’s Confidential Information. The foregoing prohibition on disclosure of Confidential Information will not apply to the extent the Discloser has authorized such disclosure, nor to the extent a Recipient is required to disclose certain Confidential Information of the Discloser as a matter of law or by order of a court, provided that the Recipient gives the Discloser prior written notice of such obligation to disclose and reasonably assist in obtaining a protective order prior to making such disclosure. Upon expiration or termination of this Agreement and as requested by a Discloser, each Recipient will deliver to the Discloser (or destroy at the Discloser’s election) any and all materials or documents containing the Discloser’s Confidential Information, together with all copies thereof in whatever form.
6.2. Privacy. You agree to use, disclose, store, retain or otherwise process Personal Data solely for the purpose of providing meals / food products under this Agreement. You shall maintain the accuracy and integrity of any Personal Data provided by Feasts & Treats in its possession, custody or control. You agree to retain Personal Data provided to you by Feasts & Treats solely by using the software and tools provided by Feasts & Treats. “Personal Data” means any information obtained in connection with this Agreement (i) relating to an identified or identifiable natural person; (ii) that can reasonably be used to identify or authenticate an individual, including but not limited to name, contact information, precise location information, persistent identifiers, and (iii) any information that may otherwise be considered “personal data” or “personal information” under the applicable law. Notwithstanding anything to the contrary in this Agreement, you shall, at your expense, defend, indemnify and hold harmless Feasts & Treats, its affiliates and their respective directors, officers, employees and agents from and against all liability and loss in connection with (y) any loss, unauthorized disclosure, theft, or compromise of personal data by or from you and/or your sub-processors and (z) any breach of and/or non-compliance with the Agreement or where appropriate, any South African data protection legislation by you and/or your subprocessors. The foregoing indemnification shall be subject to notice, claim defence, cooperation and other requirements set forth in this Agreement.
6.3. Restrictions. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Feasts & Treats; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
7.1. BY SIGNING UP YOU AGREE TO EXPRESSLY INDEMNIFY FEASTS & TREATS HEREIN IN THAT FEASTS & TREATS IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF FEASTS & TREATS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FEASTS & TREATS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, EVEN IF FEASTS & TREATS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FEASTS & TREATS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND FEASTS & TREATS REASONABLE CONTROL. FEASTS & TREATS SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE GOODS WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT FEASTS & TREATS HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY, GOODS OR SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
7.2. Each party hereby represents and warrants that: (a) it has full power and authority to enter into this Agreement and perform its obligations hereunder; (b) it is duly organized, validly existing and in good standing in terms of compliance with South African Law; (c) it has not entered into, and during the Term will not enter into, any agreement that would prevent it from complying with or performing under this Agreement (in your case, including without limitation, any exclusive agreements with any third parties for the availability of food via a technology platform); (d) it will comply with all applicable laws and regulations in its performance of this Agreement (including without limitation all applicable data protection laws); and (e) the content, media and other materials used or provided as part of this Agreement shall not infringe or otherwise violate the intellectual property rights, rights of publicity or other proprietary rights of any third party.
7.3. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” FEASTS & TREATS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, FEASTS & TREATS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. FEASTS & TREATS DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
7.4. The Services and all rights therein are and shall remain Feasts & Treats property. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services; or (ii) to use or reference in any manner Feasts & Treats company names, logos, product and service names, trademarks or services marks except as expressly agreed to in writing as per clause 6b hereinabove.
8.1. Indemnified Claims. Each party (the “Indemnifying Party”) will indemnify, defend and hold harmless the other party, its affiliates and their respective directors, officers, employees and agents (the “Indemnified Party”) from and against any and all claims, damages, losses and expenses (including reasonable attorney’s fees) (collectively, “Losses”) with respect to any third party claim arising out of or related to: (a) the negligence or willful misconduct of the Indemnifying Party and its employees or agents (in your case, excluding Feasts & Treats and Delivery organisations to the extent they are your agents in their performance of this Agreement; (b) any claims that the Indemnifying Party breached its representations and warranties in this Agreement; or (c) any claims that the Indemnifying Party’s Marks infringe a third party’s intellectual property rights, as long as such Marks have been used in the manner approved by the Indemnifying Party. In addition, you will indemnify, defend and hold harmless the Feasts & Treats Indemnified Parties from and against any and all Losses with respect to any third party claim arising out of or related to any harm resulting from your violation or alleged violation of any applicable retail food or other health and safety code, rule or regulation, including failure to disclose allergen information, except to the extent such harm was directly caused by the gross negligence or willful misconduct of Feasts & Treats or its employees, agents or Delivery organisations.
8.2. Procedure. Each Indemnified Party shall provide prompt notice to the Indemnifying Party of any potential claim subject to indemnification hereunder. The Indemnifying Party will assume the defence of the claim through counsel designated by it and reasonably acceptable to the Indemnified Party. The Indemnifying Party will not settle or compromise any claim, or consent to the entry of any judgment, without written consent of the Indemnified Party, which will not be unreasonably withheld. The Indemnified Party will reasonably cooperate with the Indemnifying Party in the defense of a claim, at Indemnifying Party’s expense.
8.3. If the dispute remains unresolved within 60 days after a request for Amicable Dispute Resolution has been submitted, it shall be exclusively and finally resolved by arbitration under the rules of arbitration applicable in the United Kingdom for disputes arising in the UK and the Association of Arbitrators South Africa for disputes arising in South Africa. The dispute shall be resolved by one arbitrator appointed in accordance with these rules. The place of arbitration shall be in a location determined by mutual agreement or, in the absence of agreement, in London, United Kingdom, for UK-related disputes and KwaZulu-Natal, South Africa, for South Africa-related disputes.