Terms of Service

1. Acceptance of Terms

Welcome to Twala Delivery. These Terms of Service ("Terms") constitute a legally binding agreement between you and Twala Delivery ("Twala," "we," "our," or "us") governing your access to and use of our mobile application, website, and related services (collectively, the "Service").

By creating an account, accessing, or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2. Definitions

Throughout these Terms, the following definitions apply:

3. Eligibility

3.1 Age Requirement

You must be at least 18 years of age to use our Service. By using Twala, you represent and warrant that you meet this age requirement.

3.2 Geographic Availability

Our Service is currently available only within our designated Service Areas in Zambia. You may only place orders for delivery to addresses within these areas.

3.3 Legal Capacity

By using our Service, you represent that you have the legal capacity to enter into binding contracts and are not prohibited from using the Service under any applicable laws.

4. User Accounts

4.1 Account Creation

To use certain features of our Service, you must create an account by providing:

• A valid phone number for verification
• Your name
• A delivery address (for Customers)

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access

4.3 Account Information

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

4.4 One Account Per Person

Each person may only maintain one active account. We reserve the right to suspend or terminate duplicate accounts.

5. Our Services

5.1 Platform Services

Twala provides a technology platform that:

• Connects Customers with Restaurant Partners
• Facilitates food ordering and payment processing
• Coordinates delivery through independent Riders
• Provides order tracking and customer support

5.2 Third-Party Services

Twala acts as an intermediary platform. Restaurant Partners are independent businesses responsible for food preparation, quality, and accuracy. Riders are independent contractors responsible for delivery.

5.3 Service Availability

We strive to maintain Service availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

5.4 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our Service at any time, with or without notice.

6. Ordering & Payments

6.1 Placing Orders

When you place an order:

• You are making an offer to purchase items from the Restaurant Partner
• The order is confirmed when the Restaurant Partner accepts it
• You will receive confirmation via the app and/or push notification

6.2 Pricing

• Menu Prices: Set by Restaurant Partners and may differ from in-restaurant prices
• Delivery Fees: Calculated based on distance between restaurant and delivery address
• Total Price: Includes item prices plus delivery fee, displayed before checkout

6.3 Payment Methods

We accept the following payment methods:

• Cash on Delivery
• Mobile Money (where available)
• Other methods as made available through the app

6.4 Order Cancellation

• Before Restaurant Accepts: You may cancel without charge
• After Restaurant Accepts: Cancellation may result in charges for items already prepared
• After Rider Pickup: Full charges apply; no refund for food items

6.5 Refunds

Refunds may be issued at our discretion for:

• Orders not delivered due to our fault
• Significantly incorrect orders
• Food quality issues (with evidence provided within 2 hours of delivery)

Refund requests must be submitted through the app or by contacting support within 24 hours of the order.

7. Delivery Terms

7.1 Delivery Address

You are responsible for providing an accurate and complete delivery address. We are not liable for failed deliveries due to incorrect address information.

7.2 Delivery Times

• Estimated delivery times are approximate and not guaranteed
• Delivery times may vary based on traffic, weather, restaurant preparation time, and rider availability
• You can track your order in real-time through the app

7.3 Receiving Deliveries

You agree to:

• Be available at the delivery address during the expected delivery window
• Provide any necessary access instructions (gate codes, building entry, etc.)
• Inspect your order upon receipt and report issues immediately

7.4 Failed Deliveries

If delivery cannot be completed because you are unavailable:

• The Rider will attempt to contact you
• If contact cannot be made within a reasonable time, the order may be cancelled
• You may still be charged for the order

7.5 Contactless Delivery

You may request contactless delivery through special instructions. The Rider will leave the order at your door and notify you. By selecting this option, you assume responsibility for the order once it is placed at your location.

8. Delivery Rider Terms

8.1 Independent Contractor Status

Riders are independent contractors, not employees of Twala. As an independent contractor, you:

• Control when and how often you work
• May work for other delivery services
• Are responsible for your own taxes and insurance
• Provide your own vehicle and equipment

8.2 Rider Requirements

To become a Rider, you must:

• Be at least 18 years old
• Have a valid driver's license (for motorized vehicles)
• Have a reliable vehicle (motorcycle, bicycle, or car)
• Have a smartphone capable of running our app
• Pass our verification process
• Maintain a professional appearance and conduct

8.3 Rider Responsibilities

As a Rider, you agree to:

• Pick up orders promptly from Restaurant Partners
• Deliver orders safely and in good condition
• Follow all traffic laws and regulations
• Treat Customers and Restaurant Partners with respect
• Keep your location services enabled during active deliveries
• Maintain the confidentiality of Customer information

8.4 Location Tracking

When you accept a delivery, you consent to background location tracking as described in our Privacy Policy. This enables:

• Real-time tracking for Customers
• Accurate ETA calculations
• Route optimization
• Dispute resolution

8.5 Rider Earnings

• Riders receive the delivery fee for each completed delivery
• Earnings are tracked in the app
• Payment schedule and methods will be communicated separately
• You are responsible for reporting and paying taxes on your earnings

8.6 Deactivation

Rider accounts may be deactivated for:

• Repeated order issues or customer complaints
• Failure to complete accepted deliveries
• Violation of these Terms or applicable laws
• Fraudulent or dishonest behavior
• Unsafe conduct

9. Restaurant Partner Terms

9.1 Partnership Requirements

Restaurant Partners must:

• Hold valid food service licenses and permits
• Comply with all applicable health and safety regulations
• Maintain accurate menu information and pricing
• Fulfill orders promptly and accurately

9.2 Menu and Pricing

• You are responsible for keeping menu items and prices current
• You must mark items as unavailable when out of stock
• Prices on Twala may differ from in-restaurant prices

9.3 Order Preparation

• Accept or decline orders promptly
• Prepare orders according to specifications and special instructions
• Have orders ready for Rider pickup within estimated times
• Package orders securely for transport

9.4 Quality Standards

You are solely responsible for the quality, safety, and accuracy of food items. Twala is not liable for food quality issues originating from your establishment.

10. User Conduct

10.1 Prohibited Activities

You agree NOT to:

• Use the Service for any unlawful purpose
• Impersonate any person or entity
• Harass, abuse, or harm other users, Riders, or Restaurant Partners
• Submit false or misleading information
• Attempt to gain unauthorized access to accounts or systems
• Interfere with the proper functioning of the Service
• Use automated systems (bots, scrapers) to access the Service
• Circumvent security features or restrictions
• Engage in fraudulent activity, including false refund claims

10.2 Content Standards

Any content you submit (reviews, messages, etc.) must not:

• Be defamatory, obscene, or offensive
• Infringe on intellectual property rights
• Contain false statements or misleading information
• Promote illegal activities

10.3 Consequences

Violation of these conduct rules may result in warnings, suspension, or permanent termination of your account, at our sole discretion.

11. Intellectual Property

11.1 Our Property

The Twala name, logo, app, website, and all related content, features, and functionality are owned by Twala and protected by copyright, trademark, and other intellectual property laws.

11.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to use our app for personal, non-commercial purposes in accordance with these Terms.

11.3 Restrictions

You may not:

• Copy, modify, or distribute our content
• Reverse engineer or decompile our app
• Use our trademarks without permission
• Create derivative works based on our Service

11.4 User Content

By submitting content (reviews, feedback, etc.), you grant us a non-exclusive, royalty-free license to use, display, and distribute such content in connection with our Service.

12. Disclaimers

12.1 "As Is" Service

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

12.2 No Guarantee

We do not guarantee that:

• The Service will be uninterrupted, secure, or error-free
• Results from the Service will be accurate or reliable
• Any errors will be corrected
• Specific delivery times will be met

12.3 Third-Party Disclaimer

We are not responsible for the products, services, actions, or failures of Restaurant Partners, Riders, or other third parties. Any transactions or interactions with them are at your own risk.

12.4 Food Quality

Twala does not prepare, handle, or inspect food items. Restaurant Partners are solely responsible for food quality, safety, allergen information, and compliance with food safety regulations.

13. Limitation of Liability

13.1 Maximum Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TWALA'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO TWALA IN THE 12 MONTHS PRECEDING THE CLAIM.

13.2 Excluded Damages

IN NO EVENT SHALL TWALA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits or revenue
• Loss of data
• Personal injury or property damage (except where caused by our gross negligence)
• Business interruption

13.3 Essential Basis

These limitations reflect the allocation of risk between us and are an essential basis of these Terms. The Service would not be provided without these limitations.

14. Indemnification

You agree to indemnify, defend, and hold harmless Twala, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable laws
• Content you submit through the Service

15. Termination

15.1 Termination by You

You may stop using the Service and delete your account at any time through the app (Profile → Settings → Delete Account) or by contacting us.

15.2 Termination by Us

We may suspend or terminate your account at any time for:

• Violation of these Terms
• Fraudulent or illegal activity
• Extended periods of inactivity
• Any reason at our sole discretion with or without notice

15.3 Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases
• Pending orders may be cancelled
• Any outstanding amounts owed will remain due
• Provisions that should survive termination (liability, indemnification, etc.) will survive

16. Dispute Resolution

16.1 Informal Resolution

Before initiating any formal dispute proceedings, you agree to first contact us at support@twala.shop to attempt to resolve the dispute informally. We will attempt to resolve disputes within 30 days.

16.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Zambia, without regard to conflict of law principles.

16.3 Jurisdiction

Any disputes that cannot be resolved informally shall be subject to the exclusive jurisdiction of the courts of Zambia, located in Lusaka.

16.4 Time Limit

Any claim arising from or related to these Terms or the Service must be brought within one (1) year after the cause of action arises, or the claim is permanently barred.

17. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes:

• We will update the "Last Updated" date at the top
• We will notify you through the app or via email
• Material changes will take effect 30 days after notice
• Continued use of the Service after changes constitutes acceptance

If you do not agree to the modified Terms, you must stop using the Service before the changes take effect.

18. Contact Us

If you have any questions about these Terms of Service, please contact us: