Terms & Conditions

Deeliver Terms and Conditions

Thank you for using Deeliver. Please make sure you have read and understand all of the following Terms and Conditions;

 

  1. INTRODUCTION

 

  • The Deeliver software application (the App’) is available for download from the Google Play and the iTunes app stores and is owned and operated by the Pleasant Group (Proprietary) Limited trading as Deeliver, a private company with limited liability duly registered and incorporated in accordance with the laws of the Republic of South Africa with registration number 2015/055101/07 (‘Deeliver’, ‘we’, ‘us’ and ‘our’).

 

  • The App enables users to order and purchase various types of convenience goods, including alcohol.

 

  • These Terms and Conditions govern the ordering, sale, delivery and insofar as may be necessary, the use of the convenience goods as well as other ancillary matters.

 

  • These Terms and Conditions, as amended and/or updated from time to time, are binding and enforceable against every person that accesses and uses the App (‘you’, ‘your’ or ‘user’). This includes, but is in no way limited to, each person that registers as a user in the manner contemplated herein.

 

  • By using, accessing, viewing or visiting the Deeliver online platform located at deeliver.co.za and/or downloading, using, accessing, viewing or visiting the App you agree to be bound by these Terms and Conditions.

 

YOU MUST NOT USE THE APP IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS.

 

  1. NOTICE IN TERMS OF THE CONSUMER PROTECTION ACT, 2008

 

  • These Terms and Conditions apply to users who are consumers as contemplated by the Consumer Protection Act No. 68 of 2008 (as amended) (‘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 Deeliver or a third party; and/or

 

  • May create risk or liability for the user; and/or
  • May compel the user to indemnify Deeliver or a third party; and/or

 

  • Serve as an acknowledgement, by the user, of a fact.

 

  • Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

 

  • If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Deeliver to explain it to you prior to you using the App.

 

  • Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation created for either party in terms of the CPA.

 

  1. USER PROFILE

 

  • Only registered users shall be entitled to use our services. Accordingly, you will be required to create an account to use the App and place orders.

 

  • To create a user profile and register as a user, you will be required to provide Deeliver with your unique email address and/or telephone number, personal information and any other information that Deeliver deems relevant. You will thereafter be requested to create an account password.

 

  • Kindly note that you will need to use your unique username and password to place an order via the App. You agree that Deeliver 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 using the App, failing which we will not process your order.

 

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

 

  • be used for personal use only; and

 

  • not be disclosed by you to any third party.

 

  • You agree that, once your correct username and password have been entered, irrespective of whether the use of the username and/or password is unauthorised or fraudulent, you will be liable for payment of any resulting order.
  • You agree to notify Deeliver immediately upon becoming aware of, or reasonably suspecting any unauthorised access to or use of your username and/or password and to take steps to minimise any resultant loss or harm. Although Deeliver has made every effort to secure your personal information, we cannot completely guarantee that unauthorised third parties, such as hackers, will not be able to access your information.

 

  • 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 App. You may use the App 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 App and/or the information contained therein without the express prior written consent of Deeliver or an authorised representative.

 

  1. ORDERS, PAYMENT AND COUPONS

 

  • Registered users may place orders for convenience goods via the App. We have a minimum order subtotal of R 150, 00 (excluding the delivery fee). The orders placed by registered user can be accepted or declined by Deeliver. The acceptance of an order by Deeliver depends on a variety of factors, including but not limited to, the availability of the convenience goods, capacity for delivery, correctness of the information relating to the convenience goods (such as the price) and receipt of payment by Deeliver. Kindly note that you are required to pay for your order in full prior to dispatch of the convenience goods.

 

  • Deeliver shall indicate acceptance of your order by way of either SMS or email, and only at that juncture shall an agreement of sale come into effect between Deeliver and yourself. This excludes any earlier communication from Deeliver stating that your order or payment has been confirmed.Deeliver shall indicate the rejection of your order by cancelling it, notifying you thereof and, as soon as reasonably possible thereafter, refund you for any amount already paid.

 

  • Deeliver shall have the sole and unfettered discretion to, at any time prior to the convenience goods being delivered to your nominated address, reject an order or cancel a sale.

 

  • Should you wish to cancel your order, you are obliged to contact Deeliver via telephone immediately. Thereafter, we shall use our reasonable endeavours to give effect to your retraction. You will not be able to retract your order via the App, or after Deeliver having dispatched the confirmation notice contemplated in clause 4.3 above. You will not be able to change your order after placing it, however, you may be able to cancel it, subject to the Terms and Conditions contained herein, and place a new one.

 

  • Placing convenience goods in your shopping basket or cart in the App without completing the purchase cycle contemplated herein does not constitute a valid order, and as such, the convenience items in question may be removed from the shopping basket or cart if no longer available. In addition, the price of the convenience goods might change without notice to you. Deeliver cannot be held liable/responsible in the event that the convenience goods are not available or are not available at a particular price when completing or attempting to complete an order. If you receive an incorrect order or are missing items from your order, and we are unable to exchange the product or order, you will receive a refund for that/those products or orders.

 

  • Deeliver will not be liable for an inaccuracy in the information supplied to users on the App, however, will take reasonable steps to ensure that when convenience goods are no longer available, offers thereof are discontinued on the App. We cannot guarantee the availability of Convenience goodsWhen Convenience goods is no longer available after you have placed an order, Deeliver will notify you thereof and reject your order or cancel the Sale, in which event you will be entitled to a refund of the amount paid by you for such order.

 

  • You also acknowledge that the pricing of the convenience goods may change at any time without notice to you, but no price change will affect any convenience goods ordered and you have received the acceptance notice contemplated in clause 4.3 above. 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.  

 

  • Payment for your order can be made by credit card and may only be made when an order is placed via the App (not via the Telephone Service).  Where payment is made by credit card, we may require additional information to authorise and/or verify the validity of payment.  You will be redirected to the secure site of our payment gateway, which is not owned by Deeliver or under our control, and for which you acknowledge Deeliver is not responsible in law.  Such payment gateway is however committed to upholding strict security standards, and at no stage will Deeliver store your credit card details. We are entitled to withhold processing the order until the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation, your order will be cancelled. You warrant that you are fully authorised 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. You may be required to participate in 3D secure process, which is an additional safety mechanism for yourself and Deeliver.

 

  • Deeliver shall have the sole and unfettered discretion to, from time to time, issue coupons for use towards the purchase of convenience goods in the App. Deeliver shall have the right to, at any time, cancel and reject a coupon for any reason it may deem fit.

 

  • Users do not have a right to the coupons, and coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.

 

  • Unless the contrary is specified, the following shall apply in respect of coupons:

 

  • each coupon can only be used once;

 

  • only one coupon can be used per order;

 

  • only one coupon can be used per person per promotion/campaign on the App;

 

  • a coupon must be used at check-out and cannot be used later on existing orders; and

 

  • upon successful redemption, the value of the coupon will be set off against the value of your shopping basket or cart and the balance remaining, if any, will be payable by you.

 

  • Deeliver will not be responsible for any loss or unauthorised use of a Coupon.

 

  1. DELIVERY

 

  • Deeliver will endeavour to deliver your order to you within 90 minutes, however, delivery times are not guaranteed and may be adjusted by us in our reasonable discretion. Events outside our control, including but not limited to, abnormal traffic congestion and inclement weather conditions, may result in a delay of the delivery of your order, but the we will endeavour to deliver your order to you as soon as possible in the circumstances.

 

  • A delivery fee will be charged in respect of each and every order. The delivery fee will vary depending on the delivery location and will be displayed on check-out.

 

  • Deeliver’s obligation to deliver your order is fulfilled when our courier delivers same to the address chosen by you when placing the order.  We are only responsible for the delivery of your order to the chosen delivery address. In the event that our courier arrives at the delivery address and you fail to open the door or respond to his/her telephone calls within 10 minutes, the courier will be entitled to leave the premises, taking your order with him/her, and you will remain liable for payment of all order charges.  If you are unable to be present at your chosen delivery address to accept delivery of your order, it is your responsibility to arrange for someone else to accept the delivery at such address. Deeliver will not be responsible for any loss or unauthorised consumption of any of convenience items comprising your order, after our courier has delivered same.

 

  1. MINORS

 

By using the App, you warrant that you are 18 years of age or older and have full legal capacity. If you are under the age of 18, or alternatively if you are not legally permitted to enter into a binding agreement, then you may use the App subject to the involvement and under the 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.

 

  1. LIQUOR AND PRODUCTS

 

Deeliver is prohibited from selling liquor to users under the age of 18 (regardless of any parental supervision or consent). You will be required to verify your age in the App and will be requested to provide proof of your age to our courier before receiving any liquor products ordered from us via the App. If you fail and/or neglect and/or refuse to provide adequate proof that you are 18 years of age or older to our courier, or if you appear to be under the influence of drugs or alcohol at the time of delivery we shall have the right to refuse to release the products to you and you shall be liable for all costs and charges relating to the order in question.

 

 

 

  1. COMPLAINTS

 

Complaints can be sent via email to hello@deeliver.co.za

 

  1. PRIVACY POLICY

 

  • Should you decide to register as a user via the App, we may require you to provide us with personal information which identifies you. This includes but is not limited to –

 

  • your name and surname;
  • your email address;
  • your physical address;
  • your identity number;
  • your mobile number;
  • your date of birth; and
  • your gender.

 

  • You undertake to, as soon as is reasonably possible, keep Deeliver informed if your personal information changes.

 

  • You undertake to provide us with accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

 

  • Subject to any provision contained in these Terms and Conditions that states the contrary, we will not, without your express consent:

 

  • use your personal information for any purpose other than as set out below:

 

  • in relation to the ordering, sale and delivery of convenience goods;

 

  • to contact you regarding current or new convenience goods items or services or any other goods offered via the App;

 

  • to inform you of new features, special offers and promotional competitions offered by us; and

 

 

  • to improve our product selection and your experience of our App by, for example, monitoring your browsing habits, or tracking your sales on the App; or

 

  • disclose your personal information to any third party other than as set out below:

 

  • to our employees and third-party service providers (if any) who assist us to interact with you via our App, email or any other method, for the ordering of convenience goods or when delivering convenience goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;

 

  • to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of these Terms and Conditions;

 

  • to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit; and

 

  • to third party service providers in order for them to liaise directly with you in the event of you submitting a complaint or claim regarding any order you have placed which requires their involvement.

 

  • We are entitled to use or disclose your personal information to comply with our legal obligations, or to protect and defend our rights or proprietary interests. Deeliver undertakes to refrain from selling or making your personal information available to any third party other than as provided for in these Terms and Conditions unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, Deeliver is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.

 

 

 

 

 

  • We undertake to –

 

  • treat your personal information as strictly confidential, save where we are entitled to share it as set out in this privacy policy;

 

  • take the appropriate measures and steps to ensure that your personal information is secured and protected against unauthorised or unlawful processing, accidental loss, destruction, damage, alteration and disclosure;

 

  • provide you with access to your personal information to view and/or update personal details;

 

  • promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information; and

 

  • upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain;

 

  • Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosure or use of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

 

  1. GENERAL TERMS AND CONDITIONS

 

  • Amendment:

 

  • Deeliver may, in its sole discretion, amend any of the provisions contained in these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you know and understand the content hereof.

 

  • 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 after such amended Terms and Conditions have been displayed, you will be deemed to have accepted such changes.

 

 

 

  • Disclaimer:

 

  • The use of the App is done 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.

 

  • Whilst Deeliver takes reasonable measures to ensure that the content of the App is accurate and complete, it 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. It is expressly recorded that if any such representation is made Deeliver’s representatives its shall not be bound thereto.

 

  • Deeliver 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, unless otherwise provided by law.

 

  • The views expressed, or statements made and communicated to the user or any third party in the App do not necessarily constitute the views of Deeliver, it’s directors, employees or agents.

 

  • Deeliver makes no warranty or representation, whether express or implied, that the content, data, 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 Deeliver, its employees, agents or authorised representatives. Deeliver 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.

 

  • Limitation of liability:

 

  • Deeliver cannot be held liable for any inaccurate information communicated via or published on the App, save where such liability arises as a result of our gross negligence or wilful misconduct.

 

  • Deeliver 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 and/or communicated in the App and/or unlawful activity on and/or any linked third-party website or mobile application. You hereby indemnify Deeliver 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.

 

  • App availability and termination of services:

 

  • 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.

 

  • Deeliver may in its sole discretion terminate, suspend and modify the App with or without notice to you. You agree that Deeliver 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.

 

  • Should 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 convenience goods , 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.

 

  • Deeliver is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the App or Telephone Service and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Deeliver to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the App or Telephone Service), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Deeliver, in whole or in part, on notice to you. Deeliver shall only be liable to refund monies already paid by you and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.

 

  • You have the right to at any time, choose to stop using the App, with or without notice to us.

 

  • Intellectual Property and Third-Party Websites

 

  • You will not acquire any right, title or interest in or to the App or the content thereof, this shall include but in no way be limited to, any and all information, data, software, 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 (‘the IP’).

 

  • The IP is the sole and exclusive property of Deeliver. Accordingly, the unauthorised use, distribution or reproduction thereof is strictly prohibited unless authorised by Deeliver or the contrary is provided for in law.

 

  • Force majeure events:

 

No party will be liable to the other 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:

 

  • This Agreement shall in all respects (including its existence, validity, interpretation, implementation, termination and enforcement) be governed by the law of South Africa which is applicable to agreements executed and wholly performed within South Africa.

 

  • In the event of any dispute arising between you and Deeliver, you consent to the jurisdiction of the Western Cape Division of the High Court of the Republic of South Africa notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

 

  • Nothing in these Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

 

  • Notices:

 

  • Deeliver hereby selects Unit C24, Prime Park, Mocke Road, Diep River Cape Town (email hello@deeliver.co.za) as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions. Deeliver may change this address from time to time by updating these Terms and Conditions.

 

  • 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 Deeliver no less than 7 days’ notice in writing.

 

  • 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 same date as the delivery thereof;

 

  • 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.

 

  • General

 

  • These Terms and Conditions, constitutes the sole record of the agreement between the parties in relation to the subject matter hereof.

 

  • No addition to, variation, novation or agreed cancellation of this agreement shall be of any force or effect unless in writing and signed by the parties.

 

  • No indulgence, leniency or extension of time which any party may give or allow to the other in respect of the performance of any obligation hereunder, shall be a waiver of any rights of the grantor nor in any way prejudice the party giving or allowing the indulgence, leniency or extension or preclude such party from exercising any of its rights an enforcing the obligations of the other party in terms of these Terms and Conditions.

 

  • Neither party shall be entitled to cede or assign its rights or obligations under these Terms and Conditions to any third party without the prior written consent of the other, which consent shall not be unreasonably withheld.

 

  • The expiration, cancellation or other termination of these Terms and Conditions shall not affect those provisions hereof which expressly provide that they will operate after such expiration, cancellation or other termination or which of necessity must continue to endure after such expiration, cancellation or other termination, notwithstanding that the relevant clause may not expressly provide for such continuation.

 

  • The parties undertake at all times to do all such things, perform all such actions and take all such steps as may be reasonably necessary for the fulfilment and implementation of these Terms and Conditions.

 

  • Company Profile

 

  • Full Name: Pleasant Group (Proprietary) Limited trading as Deeliver, a private company with limited liability duly registered and incorporated in accordance with the company laws of the Republic of South Africa with registration number 2015/055101/07.

 

  • Main Business: Sale and delivery of convenience goods (including liquor products.)

 

  • Registered Address: Unit C24, Prime Park, Mocke Road, Diep River Cape Town.

 

  • Director(s): Jason Delbridge

 

  • Phone Number: 0872 382 212

 

  • Email Address: hello@deeliver.co.za