Terms of Service

These Terms of Service ("Terms") govern your use of the CopperEats mobile application and the mshengueats.com website (together, the "Service") provided by MshenguEats (Pty) Ltd, registration number 2026/135444/07, a private company incorporated in the Republic of South Africa ("MshenguEats", "we", "us", or "our").

By creating an account or placing an order, you ("you" or "Customer") agree to be bound by these Terms. If you do not agree, please do not use the Service.

Section 01The Service

CopperEats is a hyperlocal food delivery service operated by MshenguEats and currently launching at Copperleaf Estate in Centurion, Gauteng. We connect estate residents with local restaurants and deliver orders using our own electric bike fleet through estate-approved riders.

Principal reseller model

MshenguEats operates as a principal reseller. This means:

• We purchase food from partner restaurants on your behalf
• We resell that food to you at a price displayed in the app
• We are the seller of record for the order
• We are responsible for the order's delivery, condition, and your customer experience under the Consumer Protection Act

This is different from a marketplace model (where the platform is just a middleman). Under the principal reseller model, you have a direct contract of sale with MshenguEats.

Section 02Eligibility

To use the Service, you must:

• Be at least 18 years old
• Have legal capacity to enter into a binding contract under South African law
• Provide accurate and current information when registering
• Be a resident of, or invited guest at, an estate where CopperEats currently operates
• Have a valid South African mobile number

If you are between 16 and 18, you may use the Service only with the consent of your parent or legal guardian. We reserve the right to verify eligibility.

Section 03Your account

You are responsible for:

• Keeping your mobile number, login OTP codes, and other account credentials secure
• All activity that occurs under your account
• Notifying us immediately at support@mshengueats.com if you suspect unauthorised access
• Maintaining accurate delivery information so your orders reach you correctly

We may suspend or terminate accounts that violate these Terms, are used fraudulently, or pose a risk to other users, riders, or restaurant partners.

Section 04Placing orders

When you place an order through the Service:

1. You make an offer to purchase the items in your cart at the displayed price
2. We confirm the order via in-app notification — at this point, a binding contract of sale is formed
3. The restaurant prepares the order on our instruction
4. Our rider collects the order and delivers it to your unit

We reserve the right to refuse, cancel, or modify any order:

• Where there is a pricing or stock error
• Where the restaurant is unable to fulfil the order
• Where we suspect fraud or breach of these Terms
• Where delivery is not reasonably possible

If we refuse or cancel an order after payment, we will refund the full amount in line with Section 7.

Section 05Pricing & payment

Pricing

• All prices are displayed in South African Rand (ZAR) and include applicable VAT
• A flat delivery fee of R35 per order is added at checkout
• The total payable is shown clearly before you confirm the order
• We reserve the right to change pricing, but changes will not affect orders already placed

Payment methods

• Card payment: processed securely by PayFast (PCI DSS Level 1 compliant)
• Cash on delivery: paid to your rider on receipt of the order, in South African Rand only

Card-on-file

If you choose to save your card for future orders, your card details are tokenised by PayFast. We never see or store your full card number. You can remove a saved card at any time from your account settings.

Failed payment

If a card payment fails, we may attempt to re-process or cancel the order. Repeated failed payments may result in account suspension.

Section 06Delivery

• We deliver to verified estate addresses only
• Estimated delivery times shown in the app are good-faith estimates, not guarantees
• You must be reasonably available to receive the order or arrange a contact-free drop-off
• Risk of loss passes to you when the order is delivered to your unit or designated drop-off point
• If you are not available and have not provided drop-off instructions, the rider will wait up to 5 minutes before returning the order; in such cases, the food may be discarded for safety reasons and the order is non-refundable

Delivery delays

While we aim for 15–20 minute delivery, delays may occur due to high demand, weather, traffic, or estate-side restrictions. We will keep you informed via the app. Significant delays may qualify for partial credit at our discretion.

Section 07Cancellation & refunds

Cancelling your order

You may cancel an order free of charge:

• Within 2 minutes of placing the order, before the restaurant confirms preparation
• After this window, the order cannot be cancelled because the restaurant has begun preparing your food

Refunds

You are entitled to a refund or replacement (at your election) where:

• The order was not delivered
• The order was significantly different from what was advertised (wrong items, missing items)
• The food was unsafe to consume due to contamination or improper preparation
• The food arrived in a condition unfit for consumption (cold when it should be hot, spilled, etc.)

To request a refund, contact support@mshengueats.com within 24 hours of delivery with your order number, a description of the issue, and a photo where applicable.

Where a refund is approved:

• Card refunds are processed within 5–7 business days to your original payment method
• Account credit is applied immediately
• Cash on delivery refunds may be issued as account credit

Right to fair value (CPA s.55)

Under the Consumer Protection Act, you have the right to receive goods of good quality, in good working order, free of defects, and reasonably durable. If goods do not meet this standard, you may, within 6 months of delivery, return them and receive a refund, replacement, or repair (where applicable).

Section 08Restaurant relationships

Restaurants featured on the Service are independent businesses. We work closely with them but do not control:

• Their kitchen operations, food preparation, or hygiene practices
• Their ingredient sourcing or allergen handling
• Their menu pricing or availability

Allergens and dietary requirements

If you have allergies, intolerances, or dietary restrictions, please use the order notes feature to inform the restaurant. We pass this information through to the kitchen, but we cannot guarantee that food prepared in shared kitchens will be free of allergens. Use the Service at your own discretion if you have severe allergies.

Section 09Acceptable use

You agree not to:

• Use the Service for any illegal or fraudulent purpose
• Place orders with no intention to pay or receive them
• Harass, threaten, or abuse our riders, restaurant staff, or customer support team
• Attempt to circumvent our security measures or access systems you are not authorised to access
• Use automated tools (bots, scrapers) to interact with the Service without prior written permission
• Resell our service or items purchased through it
• Impersonate another person or use false information

Violation may result in account suspension or termination, and where appropriate, referral to law enforcement.

Section 10Limitation of liability

To the maximum extent permitted by law:

• The Service is provided "as is" and "as available". We do not warrant that the Service will be uninterrupted, error-free, or always meet your expectations
• We are not liable for indirect, incidental, special, consequential, or punitive damages
• Our total liability for any claim arising out of or related to the Service is limited to the value of the order(s) giving rise to the claim, or R5,000, whichever is greater
• We are not liable for delays or failures caused by third parties (restaurants, payment processors, telecoms providers, estate management)

What we cannot exclude (CPA s.51): we cannot, and do not attempt to, exclude or limit liability for:

• Death or personal injury caused by our gross negligence or wilful misconduct
• Fraud or fraudulent misrepresentation
• Any liability that cannot lawfully be excluded under South African law

Section 11Force majeure

Neither party is liable for failure to perform obligations due to events beyond reasonable control, including natural disasters, war, civil unrest, government actions, pandemics, power outages, network failures, or estate-side access restrictions. Where such events occur, we will resume normal Service as soon as reasonably possible.

Section 12Termination

By you

You may stop using the Service at any time by deleting your account. See our Privacy Policy for how account deletion works.

By us

We may suspend or terminate your access to the Service if:

• You violate these Terms
• You engage in fraudulent or abusive behaviour
• We are required to do so by law
• We discontinue the Service in your area (we will give 30 days' notice where reasonably possible)

On termination, your right to use the Service ends immediately. Sections that by their nature should survive termination (including limitation of liability, governing law, and dispute resolution) will continue to apply.

Section 13Dispute resolution

If you have a dispute with us, please follow this process:

1. Contact us first. Email support@mshengueats.com with details. We will work in good faith to resolve the issue within 7 business days.
2. Escalation. If unresolved, escalate to legal@mshengueats.com. We will respond within 14 days.
3. External resolution. If still unresolved, you may refer the matter to the:
   • Consumer Goods & Services Ombud (cgso.org.za)
   • National Consumer Commission (thencc.gov.za)
   • Information Regulator for privacy-related complaints (inforegulator.org.za)
4. Arbitration. Where dispute resolution through the above bodies is not appropriate, the parties may agree to arbitration under the Arbitration Act, 42 of 1965, conducted in Johannesburg in English by a single arbitrator agreed between the parties or appointed by the Arbitration Foundation of Southern Africa (AFSA).
5. Courts. Subject to the above, the courts of South Africa have exclusive jurisdiction over any dispute, with the Magistrates' Court of Pretoria as the court of first instance.

Nothing in this section limits your rights to approach a court directly under the Consumer Protection Act or any other applicable law.

Section 14Governing law

These Terms are governed by the laws of the Republic of South Africa, and any dispute arising from them will be subject to South African law without regard to conflict-of-laws principles.

Section 15Changes to these Terms

We may update these Terms from time to time. When we make material changes:

• We will update the "Last updated" date at the top
• We will notify you via email and/or in-app notification at least 14 days before the changes take effect
• For changes that materially reduce your rights, we will obtain explicit acceptance before the changes apply to you

If you do not agree to the changes, you may close your account before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

Section 16Contact us