The Bwangu Delivery website and application (the "Platform") is owned and operatedbyBwangu Solutions Limited trading as Bwangu Delivery, ("we", "us" and "our"). The Platofrm enables users to order and purchase food, beverages and other items (the"Food") from any of the restaurants, retail outlets, pharmacies or other food/snack outletslisted on the App (each a "Restaurant"). These terms of use ( the “ Terms of Use” ) govern your use of our website/application for mobile and handheld devices (the “App”). The Website and the App are jointly referred toasthe “ Platform”. Please read these Terms of Use carefully before you use the services. If youdo not agree to these Terms of Use, you may not use the services on the Platform, andwerequest you to uninstall the App. By installing, downloading or even merely using thePlatform, you shall be contracting with Bwangu Solutions Limited and you signify your acceptance to the Terms of Use and other policies (including but not limited to the PrivacyPolicy) as posted on the Platform from time to time, which takes effect on the date on whichyou download, install or use the Services, and create a legally binding arrangement to abideby the same. By accepting these Terms and Conditions you agree that in allowing us do your delivery, weact as your agents.
"Delivery" is a reference to all forms of Delivery, offered on the Platform by us. “Food” refers to food, beverages and other items from any of the restaurants, retail outlets, pharmacies or other food/snack outlets listed on our Platforms or out of the platformas thecase maybe. “Platforms” - our Website or our App or any channel provided by us by which you place anorder or request delivery of food or any parcel; "Privacy" refers to our policy regarding the collection, use and storage of your personal data; “Terms and Conditions", refers to these Terms and Conditions, Privacy Policy and any other instructions you have received. “we”, “us” or “our” refers to Bwangu Delivery; “you” and “your” refers to every person that accesses or uses our Platforms also referredtoas a user.
Your attention is drawn to these Terms and Conditions because they are important andshould be carefully noted. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Bwangu Delivery to explain it to you before you accept the Terms andConditions by continuing to use the Platform.
Any agreement for Delivery entered into through the Platform is between you and us throughour delivery service, and any agreement for order Pick Up entered into through this siteisbetween you and the restaurant/merchant. We may at any time suspend or terminate the availability of a Restaurant, menu or menuitem on the App, in our sole discretion. You confirm that any data or personal information entered on the Platform is accurate at thetime of placing your order. Because we want you to have a safe and consistent experience, Bwangu Delivery will beyour first point of contact for any complaints arising out of or in connection with the deliveryof the food from the Restaurant.
Bwangu Delivery will indicate the acceptance of your order by way of confirmation via phonecall, and only at that point will delivery agreements come into effect. Prior to the Food being delivered to your nominated address, we may reject an order or cancel a sale at any time due to:
You will not be able to retract your order via the Platform. Placing Food in your shopping basket on the App without completing the purchase cycledoes not constitute an order for Food, and as such, Food may be removed fromtheshopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Bwangu Delivery liable if such Food is not available or is not available at a particular price when you complete or attempt to complete the purchase cycleat a later stage. We rely on information supplied to it by the Restaurants relating to the Food, and BwanguSolutions Limited accordingly bears no liability for any inaccuracies in such informationsupplied to it.
Parties agree that this Agreement is entered into on a non-exclusive basis and that bothParties shall be free to enter into similar agreements with third parties.Where you have requested the Food to be delivered to you and you have receivedaconfirmation call. Bwangu Delivery will endeavour to deliver the Food to you by the estimated delivery timespecified on the platform, however, delivery times are not guaranteed and may be adjustedby us in our reasonable discretion. Events outside of Bwangu Delivery’s control such as traffic, inclement weather conditionsand delays by the Restaurant in relation to your order may result in a delay of the delivery of the Food, but we will continue efforts to deliver the Food to you as soon as possible in thecircumstances; and Our obligation to deliver the Food is fulfilled when we deliver the Food to the DeliveryAddress. We are only responsible for the delivery of the Food to the Delivery Address. If we arrive at the Delivery Address and you fail to open the door or respond to our telephone calls within10 minutes, we may leave the premises, taking the Food with us, and you will remain liablefor payment of all order charges. If you are not able to be present at the Delivery Address toaccept delivery of the Food, it is your responsibility to arrange for someone else to accept the delivery at such address and pay for the order on your behalf if payment has not yet been made. We are not responsible for any loss or unauthorised consumption of Food, after we have delivered the Food to the Delivery Address. The delivery time displayed is an estimation only and therefore can differ in reality. Goodswill be delivered to the specified address.
Payment for your order can be made in one of the following ways: Wallet Mobile Money Cash on delivery: Cash payments may only be made to Bwangu Delivery upon receipt of theFood. By selecting this option, you undertake to ensure that you have sufficient cash onhand at the time of delivery to cover the order charges. You agree to send 50% payment whenever your order is beyond the allowed order thresholdfor cash on delivery
We shall take all reasonable efforts to accurately reflect or inform you of the Fooddescription, availability, purchase price and delivery service charges via the Platform. However, should there be any errors of whatsoever nature on the Platform(which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relatingtoan order or Sale based on any error, the rejection of an order or the cancellation of a Sale, save to the extent of refunding you for any amount already paid. An order cannot be cancelled via the App/Website. If you want to cancel an order, after youhave placed it, you must immediately contact us via email or telephone number as sharedonour contact information on this site. Your cancellation should include your order number andthe reason for cancellation. If the restaurant accepts your cancellation, no cancellation feewill be charged. If the Restaurant refuses the cancellation because e.g. the order has alreadybeen prepared, the cancellation will not be accepted. If the cancellation is done on time and accepted by the Restaurant, we will refund your payment to the payment option you used at the time of order, as soon as possible. We reserve the right to terminate an order for Delivery, when Goods, for whatever reason, are not available. In such a case we will inform you and we will return any payment made byyou for the ordered Goods. In the unlikely event that the wrong order is delivered, you have the right to reject it. You will get fully reimbursed for the payment done as soon as possible. If the Restaurant/merchant can only prepare a part of your order e.g. because certain Goods are not in stock, then thestaff of the Participating Restaurant will contact you and ask if you would like to replace thispart of your order with something else or if you would like to be refunded for the missingGoods. You have the right to refuse a partial order before it is delivered. We are not responsible for incorrect or partial orders.
We want you to be happy with your purchase. Please let us know by telephone or email assoon as possible if there is a problem with your Food quality and/or temperature, if youreceive the wrong Food or if you receive Food which is not as described on the Platform. Save where we determine in our sole discretion that the cause for the complaint was due tothe fault of the Restaurant, we will communicate your complaint to the relevant Restaurant.
Bwangu Delivery may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and makesure that you are satisfied with the changes. Should you not be satisfied, you must not placeany further orders on, or in any other way use, the App. Any such change will only apply to your use of the App after the change is displayed in theseTerms and Conditions. If you use the App after such amended Terms and Conditions havebeen displayed, you will be deemed to have accepted such changes.
Bwangu Delivery acknowledges that all intellectual property rights, including copyrights andtrademarks, in the items listed on the App belong to their respective owners, such asrestaurants, retail outlets, pharmacies, and other food/snack outlets. Bwangu Delivery doesnot claim ownership over any intellectual property rights of the listed items. You will not acquire any right, title or interest in or to the App or the App Content. Any use, distribution or reproduction of the App Content is prohibited unless expressly authorised by an authorised Bwangu Delivery representative or otherwise provided for in law.
The App may contain links or references to other websites ("Third Party Websites") which are out side of our control. These Terms and Conditions do not apply to those Third PartyWebsites and Bwangu Delivery is not responsible for the practices and/or privacy policies of those Third Party Websites or the "cookies" that those sites may use. Notwithstanding the fact that the App may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained there on
Bwangu Delivery cannot be held liable for any inaccurate information published on thePlatform and/or any incorrect prices displayed on the App or communicated, save where such liability arises from the gross negligence or wilful misconduct of Bwangu Delivery, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to info@bwangudelivery.com
BWANGU DELIVERY 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 IN THE APP; ORYOUR INABILITY TO USE THE APP, AND/OR UNLAWFUL ACTIVITY ON THE APP, AND/ORANY LINKED THIRD PARTY WEBSITE OR MOBILE APPLICATION. YOU HEREBY INDEMNIFY BWANGU DELIVERY AGAINST ANY LOSS, CLAIMOR DAMAGEWHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANYWAYFROM YOUR USE OF THE APP AND/OR ANY LINKED THIRD PARTY WEBSITE OR MOBILEAPPLICATION.
We will use reasonable endeavours to maintain the availability of the App, except duringscheduled maintenance periods, but are entitled at any time to discontinue providingtheApp or any part thereof with or without notice to you. Bwangu Delivery may in its sole discretion terminate, suspend and modify the App, withor without notice to you. If you fail to comply with your obligations under these Terms and Conditions, including anyincident involving payment of the price of an order for any Food, this may (in our solediscretion 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 wemay have against you. Bwangu Delivery is entitled to blacklist you on its database (including suspendingor terminating your access to the App), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Bwangu Delivery, in whole or in part, on notice to you:, for purposes of preventing suspected fraud or abusive behaviour towardsstaff; or where it suspects that you are abusing the App.
As between you and Bwangu Delivery, or any Restaurant, no party will be liable to any other party for any delay or failure in performing its obligations (excluding payment obligations) interms 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. Full name: Bwangu Solutions Limited, a private company registered in Zambia withregistration number 120220039171 Main business: Courier Activities Official email address: info@bwangudelivery.com
Assignment You may not cede, assign or otherwise transfer your rights and obligations in terms of theseTerms and Conditions to any third party. Governing Law and Jurisdiction These Terms and Conditions shall be governed by and construed and enforcedinaccordance with the laws of Zambia. Entire Agreement This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all previous agreements between or among any of theparties.