TADA: WEBSITE TERMS AND CONDITIONS
1. INTRODUCTION
1.1. Firsti Delivery Proprietary Limited (“we/our or “us”) owns and operates the Tada mobile application and the Tada website, available at www.tadadelivery.co.za (“Tada”).
1.2. Tada is an online e-commerce platform that enables consumers (“you”, “your” or “yourself”) to purchase alcoholic and non-alcoholic beverages (the “Products”) that are sold by third party retailers who are licensed to trade in accordance with applicable laws and regulations (the “Retailers”) and have the Products delivered to you by third party delivery partners (the “Delivery Partners”).
2. REACH OUT TO US
Please contact us by sending an email to support@tadadelivery.co.za if you require any assistance, have any queries or need more information in order to understand and agree to these Terms. We are available Monday to Sunday, including public holidays, between 08:00 AM and 17:00 PM.
3. TERMS OF USE
3.1. Acceptance of Terms
3.1.1. These terms and conditions, including the Privacy Policy and Refund Policy, as defined below, (together the “Terms”), govern your use of Tada, which is available solely for your personal and non-commercial use, as well as the sale of the Products by the Retailers and the purchase of the Products by yourself, and any information or other materials or content appearing on the Tada app or website.
3.1.2. By downloading the Tada app or accessing the Tada website, you agree to be bound by these Terms. If you do not accept these Terms, please do not continue using the Tada app or the Tada website.
3.1.3. You will be deemed to have read, understood and accepted these Terms:
3.1.3.1. upon clicking on the “accept” option at the point of registration on Tada where you are requested to confirm that you have read, understood and agree to these Terms, including to the terms on which we may share your personal information as set out in our Privacy Policy; or
3.1.3.2. by your continued use of Tada.
3.1.4. We reserve the right to amend or vary these Terms from time to time. Any amendment will be effective once published on the Tada website and/or app. It shall be your sole responsibility to regularly check these Terms and to ensure that you understand and agree to any update or variation of the Terms. Your continued use of Tada will constitute your agreement to be bound to such amendment or variation.
3.1.5. We reserve the right to terminate these Terms with you or generally cease or discontinue any feature, offering or Products on Tada, or Tada as a whole, at any time and in our sole discretion with immediate effect.
3.1.6. We make no representations or warranties, whether express or implied, as to the accuracy and completeness or reliability of any information or data provided on the Tada app or website from time to time. We will use reasonable efforts to update the information provided on the Tada website and app on a regular basis.
3.1.7. The Consumer Protection Act, 63 of 2008 (the “CPA”) applies to these Terms. Any terms that are indicated in bold and underlined may create a risk of liability for you or serve as an acknowledgement of a fact by you. Please pay careful attention to these terms and note that it is your responsibility to contact us if you do not understand any such terms so that we can explain it to you. Nothing in these Terms is intended to or must be understood to unlawfully restrict or limit any right or obligation, as the case may be, that we or you may have under the CPA.
3.2. Privacy
3.2.1. We may collect and use your personal information in connection with the Tada website and app as well as the sale and delivery of the Products, which personal information we may share with our affiliates and group companies, the Retailers and the Delivery Partners from time to time. Please refer to our privacy policy located at www.tadadelivery.co.za/privacy-policy (“Privacy Policy”) for more information on how we collect and use your personal information. Our Privacy Policy is hereby incorporated to these Terms by reference and forms part of these Terms.
3.2.2. By using Tada, you agree and consent to us collecting and using technical information about your device (such as your mobile handset, your personal computer or any other electronic device or tablet used to access Tada) and related software or hardware in order to improve our service offering to you.
3.2.3. By using Tada or contacting us, you agree and consent to receiving electronic communications from us or the Retailers or the Delivery Partners, in accordance with our Privacy Policy.
3.3. Use of Tada
3.3.1. As mentioned in clause 1.3 above, you warrant and represent to us that you are 18 years or older and that you are legally entitled and have the requisite capacity to enter into legally binding transactions with us, the Retailers and the Delivery Partners. If this is not the case, please cease any further use of Tada with immediate effect.
3.3.2. You further warrant that your use of Tada is lawful and not prohibited under any law or regulations of the Republic of South Africa, or otherwise, or in contravention of these Terms.
3.3.3. Should your use of Tada contravene these Terms or any law or regulations of the Republic of South Africa, or otherwise, we reserve the right to immediately suspend your access to all or parts of the Tada app or website, without notice.
3.3.4. You hereby indemnify us against any damages, loss, liability, or expense of whatever nature which we, our affiliates and group company members, or any third party including the Retailers and the Delivery Partners, may suffer or arising as a result of your breach, whether directly or indirectly, of any of the warranties contained in these Terms.
3.4. Cookies
3.4.1. “Cookies” are small text files used by websites or other platforms to recognise repeat users, facilitate your on-going access to and use of a website or other platforms and allow the website or other platform to track usage behaviour and compile aggregate data that will allow the website or platform operator to improve the functionality of the website or platform and its content.
3.4.2. We make use of cookies to automatically collect your information and data. Cookies allow us to assess and improve the way the Tada website and app work so that we can personalise your experience and allow you to use many of its useful features. These types of cookies help us to provide you with a good experience when you browse the Tada website and allow us to track your experience between different devices to the Tada website or the way we provide services and Products to consumers.
3.4.3. Most web browsers allow some control of most cookies through the browser settings. You can use your browser settings to accept or reject new cookies and to delete existing cookies. You can also set your browser to notify you each time new cookies are placed on your computer or other device. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org. If you do not disable cookies, you are deemed to consent to our use of any personal information collected using these cookies, subject to the provisions of our Privacy Policy.
3.5. Security
3.5.1. We will implement reasonable technical and organisational security measures to protect any personal information that is transmitted or shared on the Tada website or app.
3.5.2. We cannot guarantee the safety and security of online transmission of information to us and you accept the risk of providing personal information on the Tada website or app.
3.6. Intellectual Property
3.6.1. All intellectual property rights and copyright in the content of the Tada website and app (including without limitation copyright, database right, trademarks, images and logos) are either owned by us or are used by us under licence and are reserved to us. You acquire no rights in the content of the Tada website and app. except the limited right to use the Tada website and app in accordance with these Terms to order Products from the Retailers through Tada. You may not engage in any web- or screen scraping activities in relation to any content of the Tada website or app.
3.6.2. The trademarks, names, logos and service marks displayed on the Tada website and app, whether registered or unregistered, are owned by or licensed to us, our affiliates, the Retailers, the Delivery Partners, and our other service providers, as the case may be. Nothing contained on the Tada website or app should be construed as granting you any license or right to use any trademarks, names, logos or service marks.
3.7. Third Party Services, Content and Links
3.7.1. The Tada app or website may contain external or third-party links for your convenience, but they are beyond our control and no representation is made as to the content of such third party or external content. The use of and reliance on any external or third-party links shall be at your own risk.
3.7.2. These Terms do not apply to those external or third-party links and we are not responsible for the practices and/or privacy policies of those external links or the “cookies” that those sites may use. We are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such external or third-party links or your reliance on any information contained thereon.
3.7.3. The Products offered on Tada may be made available or accessed in connection with third party services and content (including advertising) that we do not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content.
3.7.4. We do not endorse such third-party services and content and in no event shall we be responsible or liable for any products or services of such third-party providers.
3.8. Access to Tada
3.8.1. You are responsible to obtain data network access as may be necessary to make use of Tada.
3.8.2. You will be liable for your own data and voice charges in respect of accessing and using the Tada website or app, or communicating with us through any other communication channel.
3.8.3. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Tada app or website and any updates thereto.
3.8.4. We do not guarantee that the Tada app or website, or any portion thereof, will function on any particular hardware or devices.
3.8.5. Tada may be subject to malfunctions and delays inherent in the use of the internet and electronic communications which we cannot take responsibility for.
3.9. Restrictions
3.9.1. You may not:
3.9.1.1. remove any copyright, trademark or other proprietary notices from the Tada website or app;
3.9.1.2. reproduce, modify, disseminate, reproduce, transfer, decompile, reverse engineer, disassemble, distribute or sell any part of or content contained on the Tada website and app; or
3.9.1.3. use the Tada website or app to distribute materials that are defamatory, offensive, contain hate speech or is otherwise unlawful.
3.9.2. You agree that you will not use any device or software to interfere or attempt to interfere with the proper working of the Tada app and website. You will not use any robot, automatic device, or manual process to monitor, copy, distribute or modify the Tada app or website or the information contained therein.
4. SALE AND PURCHASE OF PRODUCTS
4.1. Registration
4.1.1. In order to purchase Products from the Retailers on the Tada app or website, you will be required to register and maintain a personal user account. You will be responsible for all activity that is undertaken under your personal user account.
4.1.2. To register your personal user account, you must provide a unique username and password as well as provide certain personal information to us. Your chosen unique username and password will be required to access the Tada app or website in the future.
4.1.3. By registering your personal user account, you agree to receive the following from us, the Retailers or the Delivery Partners:
4.1.3.1. push notifications which you agree to when downloading the Tada app. You may turn these on or off from your mobile phone or device settings. You acknowledge that turning off push notifications may impact your use of Tada; and
4.1.3.2. SMSs and emails as part of the normal business operation of your use of Tada. You may opt-out of receiving SMS’s or emails by following the directions in the SMS or email. You acknowledge that opting out of receiving SMS’s or emails may impact your use of Tada.
4.1.4. You agree and understand that once the correct username and password relating to your personal user account has been entered for placing an order, irrespective of whether such use is fraudulent or unauthorised, you will be liable for payment of the Products that are ordered unless you cancel the order in accordance with these Terms.
4.1.5. You will be required to provide our third party payment processing provider with your payment information (credit card, cheque card or debit card and other related data), which will be used for payment once you place an order on Tada which is accepted. Our payment processing partner uses reasonable endeavours to ensure the security and secrecy of payment information, but you are responsible for keeping your username and password secure at all times.
4.1.6. We accept no liability for any losses that you may suffer as a result of any unauthorised use of your personal information, username or password. You hereby indemnify us should any unauthorised person obtain your username and password and gain access to Tada under your personal user account.
4.1.7. You agree to regularly update the information on your personal user account in order to ensure that it is complete and accurate at all times. Any failure to do so may result in inability to access Tada or to make purchases on Tada.
4.1.8. You may only possess one personal user account, unless we have agreed otherwise.
4.1.9. We may take such steps, as we deem necessary in our sole discretion, to verify and evaluate any and all information provided by you, pending registration of your personal user account, and you authorise us to perform such verification.
4.1.10. Please contact us and notify us immediately if you become aware of or suspect any unauthorised access to your personal user account. You agree to take all relevant steps to mitigate any losses or harm that can be caused by such unauthorised access.
4.2. Retailers and Delivery Partners
4.2.1. We are not the owners or sellers of the Products and we do not provide the delivery services. The Products are sold to you by the Retailers and the delivery services are executed by the Delivery Partners.
4.2.2. At the time of purchasing the Products, your selected payment method will be used to make payment to the Retailers and the Delivery Partners.
4.2.3. By purchasing Products from the Retailers via the Tada platform and having such Products delivered to you by the Delivery Partner, you understand and acknowledge that you are entering into a separate agreement with the Retailers for the sale of the Products and the Delivery Partner for the delivery of the Products. In addition to these Terms, the Retailers or the Delivery Partner may from time to time prescribe certain terms and conditions that might apply to the sale or delivery of the Products, as the case may be, and it shall be your sole responsibility to familiarise yourself with such additional terms and conditions.
4.2.4. These Terms shall at all times prevail over and above any terms that may be prescribed by a Retailer or a Delivery Partner in respect of our relationship with you and such other terms shall not be enforceable against us in any manner whatsoever.
4.3. Orders and Payment
4.3.1. The placing of orders via the Tada platform shall, to the extent applicable, be subject to regulations and legislation applicable to the sale and transport of alcoholic beverages as may be amended from time to time (the “Regulations”) and will only be accepted by us during times permitted in terms of the Regulations.
4.3.2. If you want to purchase Products, you will need to place an order by adding the selected Products to your basket and proceeding to the checkout on Tada.
4.3.3. By placing an order for the Products, you agree to receive order confirmation and further information from us, the Retailers or the Delivery Partner by push notification, by email, by SMS or telephonically, using the contract information provided by you when registering your personal user account.
4.3.4. If you add Products to your basket and do not proceed to checkout, it will not constitute an order and such Products may be removed from the basket or the price of the Products might change without notice. The Retailers will not be liable for any changes to Products in your basket if you have failed to complete the order process by proceeding to the checkout and completing the payment process.
4.3.5. Once you have proceeded to check-out, you will be prompted to place your order and you will receive order confirmation. Your offer to purchase the Products from the Retailers will be deemed to have been accepted at the purchase price referred to in the order and on these Terms.
4.3.6. Although you are invited to make an offer to purchase Products on Tada from the Retailers, we reserve the right on behalf of the Retailers not to accept your order for any reason whatsoever.
4.3.7. An order for Products placed by you through Tada, can be accepted or rejected by the Retailers. The rejection of orders can be for a number of reasons including product unavailability, correctness of information relating to the Products, and receipt of payment or payment authorisation by the Retailers for the Products.
4.3.8. If your order is accepted by us and the Retailers, we will as soon as reasonably possible, send you an order confirmation notification via the contact information that you have shared when registering your personal user account. Acceptance and order confirmation will be shared with you by us via SMS and electronic mail.
4.3.9. You will receive an order number as well as information to track you order as part of the order confirmation.
4.3.10. You confirm and agree that the transaction for the purchase of Products between yourself and the relevant Retailer will be deemed to have been concluded at the time and place when the order confirmation is transmitted to you by us.
4.3.11. We make use of a third-party payment processing provider who will store your payment information that you have provided at registration.
4.3.12. We and our third party payment processing provider are committed to provide secure online payment facilities by using appropriate encryption technology. A secure, token process will be implemented to facilitate recurring and one-click payments.
4.3.13. Payment can be made via Tada, using Visa and Mastercard (debit, cheque or credit card payments can be made). No cash payment on delivery will be accepted.
4.3.14. Where credit card payments are made, our payment processing provider may require additional information to verify the validity of the payment. We reserve the right to withhold delivery of your order until such a time as the relevant additional information required has been provided by you and received and verified by our payment processing provider. If our payment processing provider is unable to conduct a verification, your order for the Products will be cancelled.
4.3.15. By submitting your order, identity number and payment card details you warrant that you are fully authorised to use your chosen payment method and that we will not be liable for any incorrect or false details given by you to us. You also warrant that you have sufficient available funds to cover all cost and expenses incurred as a result of your purchases on Tada and any costs and expenses associated with collecting payments.
4.3.16. You consent thereto that your personal information may be shared with our third-party payment processing provider for purposes of processing your payment for the Products.
4.3.17. If your payment fails, delivery of your order will be withheld until such a time that the payment transaction is concluded successfully.
4.4. Prices
4.4.1. The prices of the Products shall be as reflected on the Tada website or app, subject to availability of the Products.
4.4.2. Prices may change at any time and without prior notice.
4.4.3. Prices may vary depending on the area and the relevant Retailer that you are ordering Products from.
4.4.4. All prices are in South African Rands and will be inclusive of value-added tax.
4.4.5. The prices of the Products reflected on the Tada website or app do not include the delivery fees of the Delivery Partner or the service fees of the third-party payment processing provider, which are charged separately and will be included in your checkout total.
4.4.6. Limited offer special prices offered during promotions will be subject to further terms and conditions as made available on Tada from time to time.
4.5. Delivery
4.5.1. Delivery of the Products will be undertaken by the Delivery Partners on behalf of the Retailers.
4.5.2. Subject to the Regulations and availability of the Products, the Delivery Partners and third-party payment processing providers, delivery of Products shall generally take place on the same day that an order was placed or the following day if an order has been placed after 14:00. However, delivery times are not guaranteed and we, the Retailers and the Delivery Partners will not be liable for any delays in the delivery.
4.5.3. Delivery of Products will only take place during permitted South African alcohol trading hours and as permitted in terms of the Regulations (to the extent applicable). For example, if you place an order at 07:30 PM and the Retailers are required to close at 08:00 PM, delivery will only take place the following day during permitted trading hours.
4.5.4. The Delivery Partner may request you to sign a receipt note upon delivery of the Products.
4.5.5. A person accepting delivery of the Products at the delivery address chosen by you will be required to produce identification. Any person other than yourself, who receives the Products at the delivery address, is presumed to be authorised to accept delivery on your behalf and you hereby indemnify us accordingly.
4.5.7. If you are sending the Products as a gift, you agree that the recipient will be 18 years or older and the provisions of clause 4.5.6 above will apply.
4.5.8. Once the Products have been delivered to the delivery address chosen by you, delivery will be completed, and the Retailers’ obligations will have been fulfilled. We and the Retailers will not be responsible for any loss or unauthorised use of the Products after delivery has been completed.
4.5.9. Delivery fees will be charged for each order placed via Tada.
4.6. Availability of Products
4.6.1. All Products displayed on Tada are subject to stock availability and will only be delivered in designated areas within the Republic of South Africa, and at all times subject to the Regulations and official South African alcohol trading hours.
4.6.2. You acknowledge and understand that the Products may be limited and prices are subject to change at any time. If you have placed an order and the Products are no longer available after you have placed an order, we will notify you and you will be entitled to choose between a refund or substitution of the Products with other Products of an equal value. If you choose to receive substitute Products, your personal user account will be charged or refunded according to the price of the substitute Products, if applicable.
4.6.3. We rely on inventory information that we receive from the Retailers and we shall accordingly have no liability for any inaccuracies in the information provided to us by the Retailers.
4.6.4. Products may be discontinued, or specifications of the Products may be changed from time to time and without prior notice.
4.6.5. Packaging and labelling of Products may vary from that displayed on Tada.
4.7. Availability of Tada
We reserve the right to withdraw or limit the availability of our services to individual customers or to certain geographical areas within the Republic of South Africa at our sole discretion, including if: (i) our services are not readily available in the relevant geographical area; (i) the relevant geographical area poses a health or safety risk for the Delivery Partner; or (ii) repeated failed deliveries to individual customers due to unreasonable delivery requirements or any other reasons beyond the reasonable control of the Delivery Partner.
4.8. Disclaimer
The use of the Tada website and app is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Tada website or app or reliance on any information on the Tada website or app.
4.9. Liability and indemnity
4.9.1. We outsource all delivery and payment collection services to third party service providers and cannot, to the extent permitted by law, be held liable for any loss or delay caused by them. Our liability and that of the Retailers shall at all times be limited to re-delivery at a later agreed time at no extra cost in the event of delays in delivery and it shall be your only remedy under these Terms for any losses caused by one of the third party service providers.
4.9.2. We do not guarantee the suitability of the Retailers, the Delivery Partners or any other third party service provider involved with Tada.
4.9.3. We will not be liable for any direct, indirect, incidental, special or consequential loss and any loss of revenue, profit, business, contracts, data, goodwill, opportunity, savings or any similar economic losses, or damages which might arise from your use of, or reliance upon, the Tada website or app or the content contained in the Tada website or app, or your inability to use the Tada website or app, and/or any unlawful activity on the Tada website or app or any linked third party website. This limitation does not apply to any death or personal injury caused by our negligence or to any liability arising as a result of our fraud, or that cannot otherwise be excluded by law.
4.9.4. All content and information provided on the Tada website and app is provided on an “as is” basis, without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
4.9.5. We make no warranty or representation, whether express or implied, that the information or content available on the Tada website or app is 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 device, 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 may 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 our gross negligence or wilful misconduct, or that of our employees, agents or authorised representatives. We accordingly disclaim all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Tada website and app.
4.9.6. You hereby indemnify and hold harmless us, our affiliates and associated companies (including its directors, officers, employees and independent contractors) and agents, against any and all claims for any loss or damages, whether direct, indirect, consequential or otherwise, arising from any cause whatsoever connected to or arising out of your use of or reliance on information on the Tada website or app or any linked third-party website, in any way, or your receipt and use of the Products in any manner whatsoever. This indemnity is not intended to exclude any liability for any person which cannot be excluded under the CPA.
4.9.7. All orders and communications that are sent to us and purport to have originated from you, shall be deemed to have been given in the form actually received by us. You waive any rights you may have or obtain against us arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that we act on your orders or communications, or orders or communications that purport to originate from you and you indemnify us against all and any claims, liabilities, losses, costs, fines, damages and expenses, arising as a result of the fact that we acted on your instructions/orders or instructions/orders which purport to originate from you.
4.10. Errors
We shall use all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of the Products on the Tada app or website. However, should there be any errors of any nature on the Tada app or website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
4.11. Promotions and Discount
4.11.1. We may from time to time, in our sole discretion, offer promotions what may include promotional codes that can be redeemed for credits or any other features or benefits relating to the Products or the services of the Retailers and the Delivery Partner. Promotions shall at all times be subject to additional promotional terms and conditions read with these Terms.
4.11.2. We may from time to time offer certain Products at discounted prices, subject to terms and conditions. Products will have to be purchased in accordance with the applicable terms and conditions, read with these Terms, in order to qualify for and receive the discount.
4.11.3. We will use reasonable efforts to ensure that all Products forming part of promotions or discounts that are listed on Tada are in stock at the relevant Retailer that you are placing your order with, however, Products may go out of stock after an order has been placed by you and before we can update Tada. In such a case, we will not be obligated to transfer the promotion or discount to alternative Products or Retailers, but we will make efforts to suggest replacement Products of similar value as the discounted or promotional price.
4.11.4. We will use reasonable efforts to ensure that Retailers have stock of Products that form part of promotions or discounts, however there are Retailers that do not stock certain Products and depending on the area that you are ordering from, you understand and agree that you may not be able to purchase such Products.
4.11.5. Additional terms and conditions that will apply to promotions and discounts will be published by us on the Tada website or app from time to time.
4.12. Cancellation of Orders
4.12.1. Prior to delivery of the Products by the Delivery Partner, you may cancel an order at any time provided you do so before the order is accepted by us. After the order has been accepted by us, you may return the Products only in accordance with the Returns Policy.
4.12.2. If you cancel an order after delivery has been made, you will be responsible for the reasonable direct costs of having the Products returned and restored into a saleable condition after it has already been delivered, unless otherwise specified in the Refund Policy.
4.12.3. If you cancel an order after you have broken the seal or otherwise opened or consumed the Products, you will not be entitled to cancel the order.
4.12.4. If you cancel your order in accordance with these provisions, we will use commercially reasonable efforts to arrange for the refund of any money paid by you within 7 (seven) working days from receipt of the cancellation notice.
4.13. Refunds and Returns
Please refer to our Returns Policy for more information about returning Products available at https://www.tadadelivery.co.za/terms-and-conditions (the “Returns Policy”). The Returns Policy is incorporated by reference (which means that it forms part of these Terms).
5. GOVERNING LAW
These Terms and any dispute arising from or in connection with these Terms shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
6. DISPUTES
6.1. In the event of a dispute or a complaint, you should first refer the matter to us. A dispute can be lodged with us by sending an email to support@tadadelivery.co.za.
6.2. You must ensure that you receive a reference number for your complaint as well as a formal acknowledgment notification.
6.3. In the event of any dispute which remains unresolved, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Johannesburg), having jurisdiction, notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
6.4. Nothing in this clause or the Terms limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
7. LEGISLATION
7.1. Liquor Legislation
7.1.1. You hereby acknowledge and agree that it is an offence in terms of South African legislation for a person that is younger than 18 years of age to purchase or attempt to purchase liquor and/or to present false evidence of his/her age to access liquor or to purchase liquor on behalf of another person that is under the age of 18 years.
7.1.2. You further acknowledge and agree that it is an offence to offer for sale, to purchase or to transport liquor in contravention of the permitted times set out in the Regulations.
7.1.3. The Retailers are not licensed to sell liquor for resale, and you agree that you will not purchase liquor from the Retailers via Tada for purposes of reselling it.
7.1.4. You undertake that you will at all times abide by and comply with current legislation and the Regulations.
7.1.5. We reserve the right to cancel or not to process any order for liquor that we suspect may be resold or any order which might contravene any of these provisions.
7.1.6. We will not sell liquor exceeding the total weight or volume as may be prescribed by law to any person on a single day.
7.2. Electronic Communications and Transactions Act 25 of 2002 (“ECTA”): In compliance with section 43(1) of ECTA, your attention is drawn to the following information:
7.2.1. Legal Name and Status: Firsti Delivery Proprietary Limited, a private company incorporated in accordance with the laws of the Republic of South Africa;
7.2.2. Registration Number: 2021/718764/07;
7.2.3. Registered business address: 65 Park Lane, Sandown, Sandton, 2196, South Africa;
7.2.4. Telephone number: 011 881 8111;
7.2.5. Website address: www.tadadelivery.co.za/https://www.sab.co.za/;
7.2.6. Physical address for receipt of legal service: 65 Park Lane, Sandown, Sandton, 2196, South Africa;
7.2.7. Office bearers: Hanafey, Theresa, Rivett-Carnac, Richard Temple, D Pask (Company Secretary).
7.3. The Protection of Personal Information Act 4 of 2013 (“POPIA”): Your personal information is stored in accordance with our Privacy Policy and as prescribed by POPIA.
8. MARKETING
By using the Tada website and app, you agree that we may send you marketing communications and advertisements about the Products, the Retailers, the Delivery Partners or related products and services that we think may interest you. You may opt out of receiving communication at any time by clicking on the “unsubscribe” link in our communication.
9. NOTICES
9.1. The contact details that you have provided upon registering your personal user account will be regarded for all purposes as the legal address where the Products, notices and statements can be delivered to you. You may at any time change your address by updating your personal user account details.
9.2. We choose the following address as our address for legal notices: 65 Park Lane, Sandown, Sandton, 2196, South Africa.
9.3. Notices must be sent either by hand, by registered post or by email and must be in the English language.
9.4. All notices sent: (i) by hand will be deemed to have been received on the date of delivery; (ii) by registered post, will be deemed to have been received 10 days after the date of posting; (iii) by email will be deemed to have been on the date indicated in the “Read Receipt” notification. Email communication between you and us must make use of the “Read Receipt” notification to serve as proof that an email has been received by us.
10. GENERAL
10.1. These Terms, the Privacy Policy and the Refund Policy constitute the sole record of agreement between us and yourself.
10.2. Any provisions that are illegal or unenforceable may be severed and the remainder of these Terms shall remain in full force and effect.
10.3. No indulgence, leniency, relaxation, waiver or extension of time which we may grant you, in the event of claims and/or disputes arising, will in any way whatsoever prejudice us or preclude us from exercising our rights in terms of these Terms and neither will it constitute a waiver or limitation of any of our rights.
10.4. In the event that you commit any breach of the Terms or in the event that we are required to take any legal action, you agree and undertake to pay our legal costs as between attorney and own client.
10.5. We are entitled to cede, assign and delegate all or any of our rights and obligations in terms of these Terms.
10.6. Should we be prevented from fulfilling any of our obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as we are so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding extent. In the event that the force majeure event continues for more than fourteen days after it has fist occurred then we are entitled (but not obliged) to terminate all of our rights and obligations in terms of or arising out of these Terms by giving notice to you. An "event of force majeure" shall mean any event or circumstance whatsoever which is not within our reasonable control including, without limitation , any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement of any international authority, any requirement of any government or other competent local authority, including valid and binding government order requiring the complete cessation of business operations in a way that cannot be overcome via other operational measures, pandemics or epidemics and any court order.
TADA PRIVACY POLICY
1. Firsti Delivery Proprietary Limited (“we/our or “us”) owns and operates the Tada mobile application and the Tada website, available at www.tadadelivery.co.za, (“Tada”).
2. Tada is an online e-commerce platform that enables consumers (“you/your” or “yourself”) to purchase alcoholic and non-alcoholic beverages (the “Products”) that are sold by licensed third party retailers (the “Retailers”) and have the Products delivered to you by third party delivery partners (the “Delivery Partners”).
3. We respect your privacy and will take reasonable measures to protect it, as more fully detailed in this privacy policy (the “Privacy Policy”).
4. Should you decide to register as a user on the Tada website or app, we may require you to provide us with personal information which may include but is not limited to:
4.1. your name and surname;
4.2. your email address;
4.3. your physical address;
4.4. your gender;
4.5. your mobile number;
4.6. your payment details;
4.7. your ordering preferences; and
4.8. your date of birth.
5. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
6. You may choose to provide additional personal information to us, in which event you agree to provide 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.
7.1. in relation to the ordering, sale and delivery of the Products, to enable the Retailers, the Delivery Partners and the payment processors to sell and deliver the Products to you;
7.2. to verify your identity and the accurateness of information provided to us by you;
7.3. to conduct statistical analysis and market research;
7.4. to contact you regarding current or new Products or services or any other goods offered by us, the Retailers or the Delivery Partners (unless you have opted out from receiving marketing material from us);
7.5. to inform you of new features, special offers and promotional competitions offered by us, the Retailers or the Delivery Partners (unless you have opted out from receiving marketing material from us);
7.6. to improve our product selection and your experience on the Tada website by, for example, monitoring your browsing habits, or tracking your sales on the Tada website;
7.7. to identify, prevent or detect any fraud, money laundering or crime; and
7.8. to carry out regulatory checks.
8. We will not disclose your personal information for any purpose other than as set out in clause 7 and below:
8.1. to our employees and/or third party service providers who assist us to interact with you via the Tada website, email or any other method, for the ordering of Products or when delivering the Products to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
8.2. to our divisions, affiliates and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing materials (including marketing communications and advertisements) regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
8.3. 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 or support the investigation into suspected illegal activity, or to investigate violations of this Privacy Policy or the Terms;
8.4. 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;
8.5. to the Retailers, the Delivery Partners, the payment processors and other third parties as may be necessary for purposes of operating our business and facilitating delivery of and payment for the Products under the Terms;
8.6. to market research companies for market research and product and service offering development; and
8.7. to third parties who may use it to contact you via email, telephone, mail or SMS in relation to offers that might interest you, unless you opt out from receiving such communication.
9. There is a possibility that the personal information that we collect from you may have to be transferred to, and stored at, a destination outside of the Republic of South Africa (for example, by a third-party data hosting service provider).
10. Insofar as your personal information may be transferred outside of the Republic of South Africa, we will take reasonable organisational and/or contractual measures to ensure that your personal information is processed by such third party service providers for the purposes for which it has been provided to us and that the required levels of protection have been implemented by such third party service providers to safeguard your personal information.
11. We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, we are 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.
12. We will ensure that all of our employees, third party service providers, divisions, affiliates and partners (including their employees and third-party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
13. Ratings and Reviews: When you provide a rating or review of a Product, the Retailers or the Delivery Partners, you consent to us using that rating or review as we deem fit, including without limitation on the Tada website and app, in newsletters or other marketing material. The name that will appear next to that rating or review is your first name, as you would have provided upon registration. If you do not agree to this, please do not put any ratings or reviews on the Tada website or app. We will not display your last name, nor any of your contact details, with a rating or review.
14. We will:
14.1. treat your personal information as strictly confidential, save where we are entitled to share it as set out in this Privacy Policy;
14.2. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
14.3. provide you with access to your personal information to view and/or update personal details;
14.4. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
14.5. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
14.6. 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.
15. We take security seriously and we take precautions to keep your personal information secure. We have put in place appropriate physical, electronic and managerial procedures to safeguard the personal information we collect. We have no control over the privacy of any electronic communications while in transit to us. We recommend that you do not include confidential, proprietary or sensitive information in electronic communication. In the unlikely event that we believe that the security of your personal information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavour to do so promptly under the circumstances, using any contact details that you have provided to us.
16. We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
17. We undertake to never sell or make your personal information available to any third party other than as provided for in this Privacy Policy.
18. 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 disclosures 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.
TADA: REFUND AND RETURNS POLICY
1. Firsti Delivery Proprietary Limited (“we/our or “us”) owns and operates the Tada mobile application and the Tada website, available at www.tadadelivery.co.za (“Tada”).
2. Tada is an online e-commerce platform that enables consumers (“you/your” or “yourself”) to purchase alcoholic and non-alcoholic beverages (the “Products”) that are sold by licensed third party retailers (the “Retailers”) and have the Products delivered to you by third party delivery partners (the “Delivery Partners”).
3. All returns and/or refunds of Products shall be governed by this refund and returns policy (the “Refund Policy”).
4. You must initiate a return of the Products with Tada customer care within 48 hours after delivery of the Products to your nominated delivery address by a Delivery Partner.
6. When returning Products, you must ensure that all seals, tags and accessories are left intact and the Products are in its original packaging. If you have broken the seal of the Products or otherwise opened or consumed the Products that you wish to return, your return will be invalid and you will not be eligible to receive a refund.
7. If you wish to return a Product because you have received a wrong, damaged, defective or counterfeit Product, the Retailers will be responsible for the costs associated with returning the Products, provided that you have submitted a photograph or picture evidence as contemplated in clause 5 above and we have validated your return for the reasons stated by you.
8. If you wish to return a Product due to a change of mind, you will be responsible for the reasonable direct costs of having the Products returned and restored into a saleable condition after it has already been delivered.
9. Once a return has been validated and approved by us and the Retailers, if applicable, such return will be completed through collection by the Delivery Partner who will return the Products to the Retailers.
10. If you initiate a return in accordance with these provisions and you elect to receive a refund or credit which we approve, we will use commercially reasonable efforts to arrange for the refund of the purchase price paid by you or for your personal user account on Tada to be credited with the purchase price paid by you, within 7 (seven) working days of the return of the Products.
11. Frequently Asked Questions
11.1. How do I initiate a return of the Products?
You can request a return by getting in touch with Tada customer care by emailing us on support@tadadelivery.co.za, within 48 hours after delivery of the Products to your nominated delivery address.
11.2. How long will it take to return a Product?
We strive to tend to all refund and/ or return requests within 48 hours after receiving notification of the request, provided that: (i) all seals, tags and accessories are left intact; (ii) the request was received within 48 hours of delivery of the Products to your nominated delivery address; (iii) there is a picture attached as evidence that the wrong Product or a defective Product was delivered if the Product is returned in accordance with clause 7; and (iv) if the Product was part of a promotion – the promotion is still taking place on the Tada website or app.
11.3. Once I Initiate a return, what happens next?
Once a refund/return request has been lodged, Tada customer care will make the necessary arrangements with the Delivery Partner to collect the Products. Once we have inspected the Product and validated your return, we will at your choice: (i) deliver the correct Product to you as soon as reasonably possible (provided the Product replacement is available); or (ii) credit your personal user account with the purchase price of the Product for redemption on Tada if you have elected to receive a credit coupon or if a Product replacement is not possible; or (iii) refund you with the purchase price of the Product if that is your preference. Please take note that receiving a refund or credit can take up to 7 (seven) working days to process.
11.4. I have requested a returns pick-up from my home, how long will it take?
Within 48 hours from when the return and/or refund was initiated, but please take note that receiving a refund or credit can take up to 7 (seven) working days to process.
11.5. What happens if I miss the attempt to retrieve my return?
You will be required to make alternative arrangements to return the Products to the relevant Retailer, provided that your return still falls within the 48 hour return period. Please note that in order to return Products directly to the relevant Retailer as contemplated hereunder, you will be required to provide proof of purchase to the relevant Retailer (for example order confirmation via email or on the Tada website or app).
11.6. Can I return the Product after the stated return timelines?
No.
11.7. I initiated a return and requested for pickup at my home, but no one came & it has been a while, what should I do?
Please contact Tada customer care via email on support@tadadelivery.co.za and we will organize for the Delivery Partner to come to your nominated delivery/collection address to pick up the return Products. If the Delivery Partner has already been there and you were not available, you will have to make alternative arrangements to return the Products to the relevant Retailer, provided that your return still falls within the 48 hour return period. Please note that in order to return Products directly to the relevant Retailer as contemplated hereunder, you will be required to provide proof of purchase to the relevant Retailer (for example order confirmation via email or on the Tada website or app).
11.8. The Tada customer care team tells me they have done a bank transfer but I have not received the money, what should I do?
Please allow 2-3 working days after the refund has been confirmed by us, for the refund to clear in your personal user account.
11.9. How do I track my return status?
Please contact Tada customer care via email on support@tadadelivery.co.za.
11.10. Do I have to return all Products in my order?
No, you can just return the Products you are requesting a refund for.
11.11. Do I have to pay charges when I return a product?
No, validated and approved refund requests will be collected free of charge, provided you have received a wrong, damaged, defective or counterfeit Product.
11.12. Can I replace or exchange an item rather than a refund?
Yes, you may, provided that the exchanged Product is available and of the same value as the refunded Product otherwise you will be liable to pay the difference. If the exchanged Product is not available, a credit coupon will be provided to you that is of the same value as the purchase price and which you may redeem on Tada. Please note that you will be liable for any collection fees if you wish to replace or exchange an item due to a change of mind.
TADA: COOKIES POLICY
“Cookies” are small text files used by websites or other platforms to recognise repeat users, facilitate your on-going access to and use of a website or other platforms and allow the website or other platform to track usage behaviour and compile aggregate data that will allow the website or platform operator to improve the functionality of the website or platform and its content.
We make use of cookies to automatically collect your information and data. Cookies allow us to assess and improve the way the Tada website and app work so that we can personalise your experience and allow you to use many of its useful features. These types of cookies help us to provide you with a good experience when you browse the Tada website and allow us to track your experience between different devices to the Tada website or the way we provide services and Products to consumers.
Most web browsers allow some control of most cookies through the browser settings. You can use your browser settings to accept or reject new cookies and to delete existing cookies. You can also set your browser to notify you each time new cookies are placed on your computer or other device. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org. If you do not disable cookies, you are deemed to consent to our use of any personal information collected using these cookies, subject to the provisions of our Privacy Policy.
The Tada website and app use the following cookies:
YouTube
Purpose: Features for sharing videos via YouTube and remembering what videos you’ve seen. More information: Google Privacy Policy.
Purpose: Features for sharing via Twitter, and viewing tweets by other people. More information: Twitter Privacy Policy
Google Analytics
Purpose: Collect information about how visitors use our site. We use the information to compile reports and to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from and the pages they visited. More information: Google Analytics Privacy Policy. You can choose to opt out of Google Analytics.
Purpose: Features for sharing via Facebook. Does not set a cookie by itself, but if one is present it will read it. More information: Facebook Privacy Policy
Purpose: Features for sharing via Pinterest. More information: Pinterest Privacy Policy
Purpose: Features for sharing via Instagram. Does not set a cookie by itself, but if one is present, it will read it. More information: Instagram Privacy Policy