TERMS OF SERVICE

1. INTRODUCTION

Welcome to Afoody, which is owned by Food Oasis, Registration number: 2023 / 755064 / 07,, RICHARDS BAY, KWA-ZULU NATAL, 3900

Afoody´s mission is to raise awareness of food waste and reduce food waste in South Africa by making surplus food available for consumers.

We provide a way for the end user (“Customer”) to communicate his or her reservations for surplus food and other surplus products, including unspecified products in “Wonder Bags” (“Products”) at food stores, restaurants, supermarkets, bakeries, hotels, gas stations, etc. (“Stores”) displayed on our platform (the “Service”).

These terms and conditions (“Terms”) apply to any reservation and sale of the Products which are carried out via our websites or app (“Platform”).

When placing a Reservation Order (as defined below), the Customer accepts these Terms and thus, the Customer is required to review the Terms thoroughly before the Customer places an order on the Platform.

Afoody’s cookie and privacy policy, as available at all times on the Platform, shall form an integrated part of these Terms and shall be automatically accepted upon acceptance of these Terms.

2. AFOODY CONCEPT

The Products are made available for reservation on the Platform, and Customers may reserve the Products by placing a Reservation Order (as defined below) on the Platform.

The Products are reserved by the Customer when Afoody confirms through a Reservation Confirmation (as defined below).

Once a Customer reserves a Product and the Store accepts the Reservation, the Customer commits to be present at the Store at the Pick-up time (as defined below) while the Store commits to offer the Products for sale, as specified herein. Both parties have a right of cancellation as defined below.

Afoody is solely arranging the sale of Products on the Platform on behalf of a Store, and there shall be no contractual relationship between Afoody and the Customer with regard to the Products or the sale of Products. Afoody has no responsibilities in respect of the Products or fulfilment of the agreement between the Store and the Customer.

Afoody is solely collecting the commission price for the Products on behalf of the Store and is thus merely acting as a payment agent on behalf of the Store.

3. ACCEPTANCE

When placing an order on the Platform, the Customer confirms:

To be legally capable of entering into binding agreements,

to be a consumer shopping for personal purposes and

to be 18 years old and in the possession of a valid debit, credit card or other payment means available for payment on the Platform.

By accepting these Terms, the Customer accepts to receive all relevant information in English. Furthermore, the Customer accepts that all agreements between the Customer and Afoody and any related information necessary for conducting the Services are stored by Afoody in accordance with Afoody’s privacy policy.

Furthermore, by accepting these Terms, the Customer accepts to receive emails and text messages related to any orders placed by the Customer. This is required by Afoody in order to ensure that the Customer receives all essential notifications related to the order.

Afoody reserves the right to revise and amend the Terms from time to time. The Customer’s order will be subject to the Terms applicable at the time when the Customer placed the order.

4. AFOODY’S CONTACT INFORMATION AND CUSTOMER SERVICE

[email protected]

RICHARDS BAY

KWA-ZULU NATAL

3900

5. PRODUCT AND PRODUCT INFORMATION

Afoody is exclusively arranging the contract between the Customer and the Store and Afoody has no responsibilities in respect of the Products or fulfilment of the contract between the Store and the Customer.

Afoody does not, in any way, manufacture, sell, purchase, store, prepare, produce, process, mark, pack, deliver or handle the Products. Afoody has no responsibility for the fulfilment of the contractual obligations towards the Customer regarding the Products, including the manufacturing, sale, purchase, storage, preparation, production, processing, marking, delivery, quality, ingredients, allergens or handling of the Products, and the compliance with applicable legislation, including with respect to the above, unless Afoody is explicitly designated as the manufacturer or seller of the Product on the Platform.

The Customer can find information about the Products and a description of the Products on the Platform. This information is only instructive and for the purpose of giving the Customer the best prerequisites for evaluating selected Products before making the reservation. There may be instances where the Platform is not updated and where the actual product range, stocked items etc. is not as stated on the Platform. In such cases, Afoody is of no liability. It is the Stores that are responsible for providing information about the Products and to ensure that it is factually accurate and up-to-date. Afoody does not undertake any such responsibility and, hence, has no liability for the contents of or availability of information regarding the Products.

If the Customer is in doubt about allergy warnings, contents of a dish or any other menu information, the Customer shall confirm with the Store directly before ordering. The Store’s contact information will appear on the Platform. The Customer may always cancel the Reservation Order, if the cancelation is due to ingredients, allergens or other labelling related information regarding the Product.

Upon Pick-up (as defined below), the Store shall provide the Customer with information regarding list of ingredients, allergens and other labelling related information regarding the Product. Any Products purchased via the Afoody Platform shall be consumed immediately after Pick-up and/or as instructed by the Product Label or the Store. Afoody will not assume any liability for Customers’ adverse reactions from Products for any reasons, including if consumed inconsistently with the labelling or the information set out in these terms or given directly by the Store.

Afoody is not liable or responsible for any failure to perform or any delay in the performance of any obligations relating to the Products, including with respect to manufacturing, sale, purchase, storage, preparation, production, processing, marking, delivery, quality, ingredients, allergens or handling of the Products.

6. RESERVATION OF PRODUCTS

A list of active Stores can be found in the app. If the Customer has allowed the app to use location services, the app will track the Customer’s location and the list will show stores near the Customer. Once the Customer has selected the Store and Product, the Customer will be given the opportunity to submit his or her order by clicking “reserve”, “place my reservation” or a similar button.

The list is solely established in consideration of a geographical criteria. The Customer has the possibility to filter the results in consideration of the availability of Products to reserve, of the Pick-up date, of the nature of Products contained in “Wonder Bags”, or as otherwise determined by Afoody.

The referenced Stores are the ones who are active on the Platform.

The supply of Products on the Platform is only an invitation to the Customer to place a reservation.

A reservation order made by the Customer via the Platform (“Reservation Order”) is considered an offer by the Customer to the Store to purchase a Product.

The Reservation Order shall be accepted by the Store upon Pick-up and, hence, the reservation shall be final and binding upon the Store and Customer upon Pick-up of the Product (as defined below), subject, however, to the limitations in the cancellation rights due to the nature of the Concept, as described in clause 7 below.

7. RESERVATION CONFIRMATION

Upon receiving the Reservation Order, Afoody will begin processing it by sending the reservation to the relevant Store. Afoody will notify the Customer, that the Reservation Order has been received (“Reservation Confirmation”) and is being processed. Please note that any confirmation page that the Customer may visit on the Platform merely indicates that the reservation has been received and is being processed and does not mean that the reservation has been accepted by the Store

The Reservation Confirmation should be saved by the Customer. The Reservation Confirmation will contain information regarding the reservation placed by the Customer.

Please note that the Reservation Confirmation does not mean that the reservation is accepted, but is merely a confirmation of receipt of the Reservation Order.

8. RIGHT OF CANCELLATION

Afoody’s concept is to avoid waste of food and other products and therefore, if the Store has no Products in excess, the Store may cancel the Reservation Order up until two hours before the beginning of the agreed time of Pick-up (as described below). In this case, the Customer will receive a cancellation notification from Afoody or the Store via email and/or SMS/and or a notification from the Platform provided that the contact information provided to Afoody is correct, and that the Customer has agreed to receiving such notifications.

Since the Products are perishable goods and since Afoody’s concept is to avoid waste of food and other products, the Customer can only cancel the Reservation Order up until two hours before the beginning of the agreed time of Pick-up. However, the Customer may cancel the Reservation Order until Pick-up, if the cancelation is due to ingredients, allergens or other labelling related information regarding the Product.

The decision to use the right to cancellation shall be communicated by the Customer to Afoody via the review / contact us link in the Platform. If the Customer cancels the Reservation order outside of the rights set out above, the Customer will not be entitled to a refund.

9. PICK-UP

Products reserved on the Platform must be picked-up by the Customer at the stated pick-up address (“Pick-up”). The Pick-up time will normally be in a time period of 30-60 minutes but can be both shorter and longer. Store description and details about when and where the Products can be picked up will appear on the Platform and is stated in the Reservation Confirmation as well. If the Customer arrives at the Pick-up address before the specified pick-up time, we ask him or her to please wait outside for the sake of the Store’s guests. Be aware that if the Customer arrives too late, the Store may be closed and/or the Product may be unavailable.

Since the Products are perishable goods and since Afoody’s concept is to avoid waste of food and other products, the Store is entitled to sell the Product to another customer if the Customer does not Pick-up the Reservation Order within the time period set out in the Reservation Confirmation. In this event, Afoody is entitled to charge the Purchase Price (as defined below) from the Customer.

Upon Pick-up, the Customer shall show his or her Reservation Confirmation in the Afoody app to the Store’s employees, after which they will close out the order and hand out the Products reserved. It is the Customer’s responsibility to ensure that the Reservation Confirmation in the app can be shown at Pick-up. The Customer is required to make sure that the Products and number of Products handed out correspond to the Customer’s reservation.

10. PRICE

All prices are indicated in the currency of the country in which the Store is located and is including applicable VAT but may exclude any online payment administration charges, unless otherwise is specified.

Any fees related to the order and payment will be calculated and listed when the Customer places the Reservation Order.

Any value of the Products stated on the Platform is a minimum value had the Products not been sold as surplus food.

11. PAYMENT

The Customer can pay with several brands of debit and credit cards as well as other payment methods made available on the Platform.

If using credit or debit card, the Customer must enter his or her card number, the expiration date and the security code when placing a Reservation Order.

Upon placing a Reservation Order, the amount stipulated by the Store for the Products (“Purchase Price”) is authorized or reserved at the Customer´s account (depending on the chosen payment method) (“Account”). The Purchase Price is charged at the Customer´s account upon reservation of the Product or at or immediately after Pick-up (depending on the chosen method of payment). If the reservation is cancelled in accordance with these Terms, the Purchase Price is cancelled or refunded to Customer.

The Purchase Price is collected in part (or whole) by Afoody from the Customer. Afoody may amend, modify or restructure the payment procedure for its Customers, as it deems reasonable.

The Platform uses PCI compliant Payment Service Providers. Payment by debit or credit card on the Platform is safe and certified by the card issuer. All payments are made through an encrypted internet connection.

Afoody does not store any debit or credit card information apart from the customer saving their card details on the platform. Such information is handled by the Payment Service Providers. However, such information may be stored by the Payment Service Providers.

If the Customer’s credit card or payment method is rejected when trying to pay for an order, the Customer should verify that the entered information is correct.

If the Customer has corrected the error and the credit card is still rejected, Afoody recommends that the Customer contacts his or her bank.

Afoody provides an alternative method of payment via cash payment upon collection, which is handled by the store.

Due to standard banking procedures, once the Customer has submitted a Reservation Order by use of a credit or debit card and the payment has been authorized, the bank or card issuer will reserve the full amount of the Reservation Order If the Reservation Order is subsequently rejected by the Store or cancelled for any other reason in accordance with these Terms, the bank or card issuer will not transfer the funds for the order to Afoody and will instead refund the Customer by releasing the relevant amount back into the Customer’s available balance. However, this may take up to 10 working days (or longer, depending on the Customer’s bank or card issuer), and Afoody does not have authority to make enquiries to a Customer’s bank or card issuer on specific payment issues. The Customer must do so.

By accepting these Terms, the Customer accepts the method of payment set out above and acknowledges and agrees that Afoody is not responsible or liable to the Customer in relation to the above.

12. RIGHT OF COMPLAINT

In case of a complaint concerning a Product (including the “Wonder Bag” and its contents), the Customer shall address the complaint to the Customer Service of Afoody before considering any other action. Afoody will handle all claims ((including with respect to the “Wonder Bag” and its contents) as Afoody deems correct and any decision by Afoody regarding the Product is entirely up to Afoody.

In the event that the intervention of Afoody is not to the satisfaction of the Customer, these Terms do not limit the means available to the Customer to resolve the dispute it has with the Store under statutory law. The Services are covered by statutory consumer protection legislation and other statutory legislation regarding purchase of goods, under the consumer protection act South Africa and provisions set out herein regarding defects and delays.

All complaints are handled exclusively by Afoody and the Customer shall direct complaints against Afoody and not the Store.

The Customer shall verify the content of the Products upon receipt.

In case of a complaint, the Customer shall contact Afoody via the complaint link on the Platform and provide the requested information and information about the Products and why the Customer is unsatisfied. After receiving the complaint, Afoody will process the complaint in cooperation with the Store if relevant and the Customer will receive a reply from Afoody within 10 business days.

In case the Customer is not satisfied with Afoody’s reply, the Customer may submit a complaint to the relevant consumer protection authority in South Africa

13. CUSTOMER REVIEWS

In particular (but without limitation), any reviews that the Customer submits through the Platform may not:

contain any defamatory, obscene or offensive material;

promote violence or discrimination;

infringe the intellectual property rights of another person or legal entity;

breach any legal duty owed to a third party (such as a duty of confidence);

promote illegal activity or invade another’s privacy;

give the impression that they originate from us; or

be used to impersonate another person or to misrepresent your affiliation with another person.

Afoody does not control, modify or edit any reviews posted, except that Afoody is entitled to remove or edit at any time any reviews posted, uploaded or transmitted to the Platform in the event that the review breaches one or more of the prohibitions mentioned above or is otherwise deemed fraudulent.

The reviews contained on the Platform are for information purposes only and do not constitute advice from Afoody. Reviews reflect the opinions of customers who have ordered through the Platform or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, Afoody assume no responsibility or liability to any person for any reviews, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that the Customer may encounter in any such reviews.

Afoody is entitled to store the reviews.

The Customer will not receive compensation or benefits from making reviews through the Platform.

There may be a delay between the filing of the review and the publishing hereof.

14. CUSTOMER BEHAVIOR

Customers are requested to show respect for the Store´s guests and personnel, as well as Afoody´s personnel.

The Customer is informed that in case of inappropriate behavior towards the Store, the other customers of the Store or Afoody, or if the Customer commits a crime against or in the Store in connection with the Service, or violates the code of conduct rules of the Store or Afoody or any other similar behavior, Afoody may, in particular after complaints made by the Store, ban, exclude or suspend the Customer from the Platform and the Services. The intervention of Afoody does not deprive the Store of the means and rights at its disposal to obtain possible reparations.

15. LIMITATION OF LIABILITY

Afoody shall not be liable for losses arising out of or in connection with (i) matters for which an Store bears the responsibility, (ii) faults of third parties or through non-attributable interruption of availability of the Platform; (iii) orders by Customers made using fraudulently obtained payment data or other contractual data (e.g. the “phishing” of credit card data, identity theft etc.); (iv) content of sites to which the Platform links, including the accuracy of the linked sites and the data protection at such site; and (v) similar events as set out under (i) – (iv).

Afoody is not liable or responsible for any failure or non-compliance with respect to its Services if such failure is caused by circumstances outside Afoody’s control. Such circumstances may be but is not limited to disruptions in the operation of Afoody and/or the Store as a result of legislation, acts of state or public authorities, acts of war, terrorism, strikes, physical blockades, lockouts and natural disasters.

Afoody shall only be liable for direct losses and shall in no event be liable for indirect or consequential losses. In all events, except in the event of fraud or wilful misconduct, Afoody´s liability is limited to the amount of DKK.

This also applies in respect to product liability.

16. INTELLECTUAL PROPERTY

The Customer may use the Platform and print and download extracts from the Platform for his or her personal non-commercial use on the following basis:

The Customer must not misuse the Platform (including hacking or “scraping”).

Unless otherwise stated, the copyright and other intellectual property rights in the Platform and in material published on it (including without limitation photographs and graphical images) are owned by Afoody or Afoody’s licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Terms, any use of extracts from the Platform other than in accordance with this clause 16 is prohibited.

The Customer may not modify the digital or paper copies of any materials that he or she prints in accordance with this clause 16 and the Customer may not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.

The Customer shall ensure that Afoody’s status as the author of the material on the Platform is always acknowledged and referenced.

The Customer is not allowed to use any of the materials on the Platform or the Platform itself for commercial purposes without obtaining a license from Afoody to do so.

Except as stated in this clause16, the Platform may not be used, and no part of the Platform may be reproduced or stored in any other Platform or included in any public or private electronic retrieval system or service, without Afoody’s prior written permission.

17. GOVERNING LAW

These Terms (and any reservation and purchase of Products made hereunder) are subject to the laws of the country in which the Store, from which the reservation or purchase is made, is located.

Any dispute arising out of or in connection with these Terms shall – where such dispute cannot be settled amicably – be decided by the courts of the country in which the Store, from which the reservation or purchase is made, is located.

Irrespective hereof, the Customer may always submit a complaint to the relevant consumer protection authority applying in the country in which the Store, from which the reservation or purchase is made, is located.