Terms of Service

Template — pending legal review. This document is a starting point tailored to OrderEase's stack and South African law (ECTA, the Consumer Protection Act, POPIA). Replace every [PLACEHOLDER] and have it reviewed by a qualified legal practitioner before publishing.

1. Agreement to these terms

These Terms of Service ("Terms") govern your access to and use of the OrderEase platform, websites, dashboards, storefronts, embeddable widget, and the OrderEase Kitchen application (together, the "Service"), provided by [LEGAL ENTITY NAME] ("OrderEase", "we", "us", "our").

By creating an account or using the Service, you agree to these Terms. If you are using the Service on behalf of a business, you confirm that you are authorised to bind that business, and "you" refers to that business.

2. Definitions

• Merchant — a business that uses the Service to take orders.
• Customer — a person who places an order through a Merchant's storefront.
• Order — a request placed by a Customer for goods or services offered by a Merchant.
• Content — menus, products, images, pricing, and other material a Merchant submits to the Service.

3. The Service

OrderEase provides software that lets Merchants sell directly to their Customers through branded storefronts, accept payments, dispatch deliveries, and manage orders. OrderEase is a technology provider. The contract for the sale of goods or services is between the Merchant and the Customer. OrderEase is not the seller, manufacturer, or supplier of any item sold through the Service.

4. Accounts and eligibility

You must provide accurate information, keep your credentials secure, and be responsible for all activity under your account. You must be at least 18 years old and capable of entering into a binding contract. You are responsible for the acts of users you invite to your account (for example managers and kitchen staff).

5. Merchant responsibilities

As a Merchant, you are solely responsible for:

• the accuracy, legality, and fulfilment of your Content and Orders;
• the quality, safety, and labelling of the goods and services you sell;
• holding all licences, permits, and registrations required to operate (including food-safety and tax obligations);
• your pricing, taxes, refunds, and your own terms with Customers;
• complying with the Consumer Protection Act, POPIA, and other applicable law in your dealings with Customers; and
• providing a privacy notice to your Customers and handling their personal information lawfully.

6. Fees and payments

OrderEase charges no commission on Orders. Any subscription, platform, or other fees that apply to your use of the Service will be as described at sign-up or in a separate written agreement ([PRICING / FEES REFERENCE]).

Customer payments are processed by Paystack and are subject to Paystack's terms. Payment-processing fees charged by Paystack are separate from OrderEase. Settlement of funds to your account is handled through the payment provider; OrderEase does not hold or control Customer funds.

7. Orders and the Merchant–Customer relationship

When a Customer places an Order, a contract of sale is formed directly between the Customer and the Merchant. The Merchant is responsible for accepting, preparing, fulfilling, refunding, and resolving disputes relating to that Order. OrderEase facilitates the transaction but is not a party to it.

8. Delivery

Where on-demand delivery is enabled, delivery is fulfilled by third-party providers (for example Uber Direct) and is subject to their terms and availability. OrderEase does not guarantee delivery times and is not liable for the acts or omissions of delivery providers.

9. Acceptable use

You may not use the Service to: break the law; sell prohibited or unsafe goods; infringe intellectual-property or privacy rights; transmit malware; attempt to gain unauthorised access; scrape or overload the Service; or misrepresent yourself. We may remove Content or restrict use that breaches these Terms.

10. Intellectual property

OrderEase and its licensors own all rights in the Service and its software, design, and branding. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service in accordance with these Terms. You retain ownership of your Content and grant us a licence to host, display, and process it solely to provide the Service.

11. Third-party services

The Service integrates third-party providers (including Paystack, Uber Direct, Google Maps, Amazon Web Services, OneSignal, Sentry, and Vercel). Your use of those features may be subject to the third party's own terms, and we are not responsible for third-party services.

12. Data protection

Our handling of personal information is described in our Privacy Policy. Where we process a Merchant's Customer data on the Merchant's behalf, we do so as an operator under POPIA, and the Merchant remains the responsible party.

13. Warranties and disclaimers

The Service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free. Nothing in these Terms limits any rights you may have under the Consumer Protection Act that cannot lawfully be excluded.

14. Limitation of liability

To the maximum extent permitted by law, OrderEase will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill. Our total aggregate liability arising out of or relating to the Service is limited to [LIABILITY CAP — e.g. the fees you paid to OrderEase in the 3 months before the claim].

15. Indemnity

You agree to indemnify and hold OrderEase harmless from claims, losses, and expenses (including reasonable legal fees) arising from your Content, your Orders, your goods or services, or your breach of these Terms or applicable law.

16. Suspension and termination

You may stop using the Service at any time. We may suspend or terminate access if you breach these Terms, fail to pay applicable fees, or where necessary to protect the Service or other users or to comply with law. On termination, your right to use the Service ends; certain provisions (including sections 10, 13, 14, and 15) survive.

17. Changes to these Terms

We may update these Terms from time to time. We will post the updated version here and revise the "Updated" date above. Continued use of the Service after changes take effect constitutes acceptance.

18. Governing law and disputes

These Terms are governed by the laws of the Republic of South Africa. The parties will attempt to resolve disputes in good faith. Failing resolution, disputes are subject to [DISPUTE RESOLUTION — e.g. the non-exclusive jurisdiction of the South African courts / arbitration under AFSA rules]. Nothing in this section limits a Customer's rights under the Consumer Protection Act.

19. Electronic communications (ECTA)

You consent to transact and receive communications electronically. Information provided through the Service satisfies any legal requirement that such communications be in writing, in accordance with the Electronic Communications and Transactions Act, 2002.

20. Contact

• Entity: [LEGAL ENTITY NAME]
• Registration number: [COMPANY REGISTRATION NUMBER]
• Address: [REGISTERED ADDRESS]
• Email: [LEGAL EMAIL]