Terms of Service

These Terms of Service (“Terms”) govern your use of the Home Eats apps and website (the “Platform”), operated by ADAD trading as Home Eats. By creating an account or using the Platform you agree to these Terms and to our Privacy Policy. Please read them carefully.

1. What Home Eats is

Home Eats is an online marketplace. We connect people who want home-cooked food (“Eaters”) with independent home cooks (“Cooks”) and independent delivery drivers(“Drivers”). We also act as a payment facilitator — collecting payment from Eaters and paying out earnings to Cooks and Drivers.

Cooks and Drivers are not employees or agents of Home Eats. They are independent providers. In particular:

• The Cook prepares the food and is responsible for its quality and safety, and for holding and maintaining a valid Certificate of Acceptability and any other permits the law requires.
• The Driver (or the Cook, where they self-deliver) is responsible for delivering the order.
• Home Eats provides the platform and facilitates payment. We verify Cooks and Drivers before they go live, but we do not cook, inspect every meal, or guarantee the acts of independent providers.

2. Accounts & eligibility

• You must be at least 18 years old to use the Platform.
• You must give accurate account information and keep it up to date, and keep your login credentials secure. You are responsible for activity under your account.
• Cooks and Drivers must complete verification (including the documents described in the Privacy Policy) before they can operate.
• We may suspend or close an account that breaches these Terms or the law, or where needed to protect users or the Platform.

3. Orders, pricing & payment

When you place an order you make an offer to buy from the Cook. The order is confirmed once payment is successful and the Cook accepts. Prices are shown before you pay and, at checkout, an order total is made up of:

• the food price, set by the Cook;
• a delivery fee — a two-tier fee depending on delivery distance/zone (there is no delivery fee for collection); and
• a platform service fee charged by Home Eats.

Payments are processed by Payfast (Payfast (Pty) Ltd). By paying you authorise us (via Payfast) to charge your chosen payment method for the order total. Card details are handled and tokenised by the payment provider; we do not store your raw card number.

4. Cancellations & refunds

Because food is prepared fresh to order, cancellation and refund rights depend on how far along your order is. Where an order cannot be fulfilled (for example a Cook cannot accept it), or where you are entitled to a refund under the Consumer Protection Act or these Terms, the refund is processed back to your original payment method via Payfast, or to your Home Eats wallet.

In summary, and subject to the Consumer Protection Act:

• Before a Cook accepts your order — you may cancel and receive a full refund.
• After a Cook has accepted — because your meal is being prepared fresh, the order can no longer be cancelled, except where the law provides otherwise.
• If a Cook cannot fulfil your order (or an item is out of stock) — the affected amount is refunded automatically, as Home Eats wallet credit or to your original payment method.
• Wrong, incomplete or spoiled food — report it to us within a reasonable time of delivery and, after review, we will refund or credit the affected items.

5. Cook activation fee

Before a Cook can go live and receive orders, we charge a one-time activation fee. This fee helps cover onboarding and verification, and is required to activate a kitchen on the Platform.

6. Acceptable use

You agree not to:

• use the Platform for anything unlawful, harmful, or fraudulent;
• misrepresent yourself, your food, or your ability to prepare or deliver orders safely;
• upload false verification documents or another person's documents;
• interfere with, probe or attempt to break the security of the Platform; or
• use the Platform to harass, abuse or endanger anyone. Cooks must comply with all applicable food-safety, health and licensing laws.

7. Liability & indemnities

As a marketplace and payment facilitator, Home Eats is not the maker or seller of the food and does not itself prepare, inspect or deliver meals. Responsibility for food safety and quality sits with the Cook, and responsibility for delivery sits with the Driver or self-delivering Cook.

To the maximum extent allowed by South African law, and subject to your rights under the Consumer Protection Act which we do not exclude, Home Eats is not liable for indirect or consequential loss arising from the acts or omissions of independent Cooks or Drivers. You agree to use the Platform responsibly and to indemnify Home Eats against claims arising from your own breach of these Terms or of the law.

8. Governing law

These Terms are governed by the laws of the Republic of South Africa, and the South African courts have jurisdiction over any dispute, without affecting any consumer rights you have under South African law.

9. Changes to these Terms

We may update these Terms from time to time. When we make material changes we will update the “Last updated” date and, where appropriate, notify you. Continued use of the Platform after an update means you accept the revised Terms.

10. Contact

Questions about these Terms? Contact us at brad@homeeats.co.za.

• Operating name: ADAD (trading as Home Eats)
• Contact: brad@homeeats.co.za