Terms
of Use

By creating an account, accessing, browsing, or using any part of the Platform, you confirm that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional terms that may apply to specific features.

Your continued use of the Platform after any changes to these Terms are posted constitutes your acceptance of those changes. If you do not agree to the Terms at any time, you must stop using the Platform immediately.

• "Platform": the EasyMenus website, web application, and all related services and features.
• "User": any individual or entity accessing or using the Platform, including customers and business owners.
• "Business User": a business or individual who has registered to list and manage a business on the Platform.
• "Customer": an end user who browses menus and places orders through the Platform.
• "Content": text, images, menus, prices, and any other material uploaded or displayed on the Platform.
• "Subscription Plan": the flat monthly billing option available to Business Users, currently priced at R300 per month, granting access to all Platform features.
• "Per Order Plan": the variable billing option under which Business Users pay a fixed fee per card order processed through the Platform, with no monthly base fee.
• "Service Fee": a fee added to a Customer's order total at checkout to contribute to Platform payment processing costs. The Service Fee is disclosed to the Customer before payment is confirmed. EasyMenus does not collect commission from Business Users' revenues; the Service Fee is charged to the Customer at checkout.
• "PayFast": the third-party payment gateway used by Business Users to receive order payments directly into their own accounts.
• "Order Payment": money paid by a Customer for goods or services, which flows directly from the Customer through PayFast into the Business User's PayFast account. EasyMenus is not a party to this transaction and does not hold or pass through order funds.

This section explains our business model clearly so that both Business Users and Customers understand exactly who does what, who holds money, and what EasyMenus' role is.

• EasyMenus is not a marketplace, aggregator, or delivery company. We are a technology platform that Business Users subscribe to or pay per order for.
• EasyMenus does not employ drivers. Delivery personnel are added and managed by the Business User. EasyMenus provides the tools to assign and track deliveries.
• EasyMenus does not handle order disputes or refunds between customers and businesses. These are the sole responsibility of the Business User.
• EasyMenus does not take commission on orders. Business Users are charged under one of two plans (Subscription or Per Order). A Service Fee is charged to Customers at checkout and disclosed before payment is confirmed.
• PayFast credentials are stored securely. Business Users' PayFast Merchant ID, Merchant Key, and Passphrase are encrypted at rest using industry-standard encryption. They are never stored in plain text and are never accessible to EasyMenus staff in decrypted form.

You must be at least 18 years old to create an account or use the Platform. By using EasyMenus, you confirm that:

• You are at least 18 years old and have the legal capacity to enter into this agreement.
• If registering as a Business User, you have the authority to bind your business to these Terms.
• You are not prohibited from using the Platform under South African law or any other applicable jurisdiction.
• You have not previously been suspended or terminated from the Platform for violating these Terms.

To access certain features of the Platform you must create an account. You agree to:

• Account Security: Keep your login credentials confidential and notify us immediately of any unauthorized access or suspected breach.
• Accurate Information: Provide true, accurate, and complete information when registering and keep it updated at all times.
• Account Responsibility: You are solely responsible for all activity that occurs under your account.
• No Account Sharing: Accounts are personal and may not be shared, transferred, or sold to third parties without prior written consent from EasyMenus.

All Users of the Platform agree to:

• Lawful Use: Use the Platform only for lawful purposes and in compliance with these Terms and all applicable laws and regulations.
• Respectful Conduct: Treat other Users, businesses, and EasyMenus staff with respect and professionalism.
• Accurate Information: Provide accurate information when placing orders or using any Platform feature.
• No Malicious Activity: Refrain from introducing viruses, malware, or any harmful code to the Platform or its infrastructure.

If you are a Business User, you additionally agree to:

• Menu Accuracy: Ensure all menu items, descriptions, prices, and availability are accurate, current, and not misleading to customers.
• Order Fulfillment: Process and fulfill orders promptly and professionally in accordance with what was offered to the customer.
• Legal Compliance: Comply with all applicable laws including food safety regulations, consumer protection laws (the CPA), tax obligations, and any required business licences.
• Business Verification: Provide accurate and truthful information during the verification process. Misrepresentation may result in immediate suspension.
• Customer Service: Handle customer queries, complaints, and order issues directly and professionally. EasyMenus is not responsible for mediating disputes between you and your customers.
• Content Rights: Ensure you have the right to use all images, logos, and other content uploaded to your business profile.
• Driver Management: If you use the delivery feature, you are responsible for the conduct, insurance, and compliance of any drivers you add to your account. EasyMenus does not employ, screen, or insure drivers.
• Order Refunds: You are solely responsible for refund decisions and dispute resolution with your customers. EasyMenus does not process or guarantee refunds on your behalf.

EasyMenus offers two billing plans for Business Users. You may switch between plans at any time from your store settings. The following terms apply to both plans:

• No Commission: EasyMenus charges no commission or percentage on the value of any customer order under either billing plan.
• Failed Payments: If a subscription or per-order payment fails, you will be notified and given a grace period to resolve the issue. Continued failure may result in suspension of your account until payment is received.
• Price Changes: We reserve the right to adjust plan pricing with at least 30 days' written notice. Continued use after the effective date constitutes acceptance of the new pricing.
• Cancellation: You may cancel the Subscription Plan at any time via your account settings. Your access continues until the end of the current billing period. No partial refunds are issued for unused time within a billing period. The Per Order Plan has no cancellation requirement; charges cease when no further orders are processed.

Order payments made by Customers are processed by PayFast, a third-party payment service provider. The following terms clarify how this works:

• Direct Settlement: Customer order payments are settled directly by PayFast into the Business User's own PayFast merchant account. EasyMenus never receives, holds, or passes through order funds.
• PayFast Terms: By connecting a PayFast account to EasyMenus, Business Users agree to PayFast's own terms of service and merchant agreement. EasyMenus is not responsible for PayFast's policies, fees, or service availability.
• PayFast Fees: PayFast may charge their own processing fees on transactions settled to the Business User. These are PayFast's fees, not EasyMenus' fees. EasyMenus has no control over PayFast's fee structure.
• Credential Storage: PayFast credentials supplied by Business Users are encrypted at rest using industry-standard encryption. See Section 10 for details.
• No EasyMenus Liability: EasyMenus is not responsible for failed, delayed, or disputed payments processed by PayFast. Business Users and Customers must resolve payment issues directly with PayFast where PayFast is at fault.

EasyMenus takes the security of sensitive data seriously. The following measures are in place to protect Business User credentials and Customer data:

• PayFast Credential Encryption: Your PayFast Merchant ID, Merchant Key, and Passphrase are encrypted before being stored. These credentials are never stored in plain text and are never accessible to EasyMenus staff in decrypted form.
• Encryption Key Management: Encryption keys are managed separately from the encrypted data and are not accessible through the general application. Access is restricted to system-level processes required for payment initiation only.
• No Third-Party Sharing: Your credentials are used solely to facilitate PayFast payment requests on your behalf and are never shared with, sold to, or disclosed to any third party.
• Infrastructure Security: The Platform is hosted on secure infrastructure. We apply industry-standard security practices including HTTPS/TLS for all data in transit.
• Security Incidents: In the event of a confirmed data breach affecting your account, we will notify you as required by the Protection of Personal Information Act (POPIA) and take all reasonable steps to mitigate the impact.
• Your Responsibility: You are responsible for maintaining the security of your EasyMenus account password. If you suspect your account has been compromised, notify us immediately at info@easymenus.co.za.

EasyMenus generates QR codes for Business Users to enable contactless menu access and in-store ordering. By using QR codes, you agree to:

• Authorised Use: QR codes may only be used for their intended purpose of directing customers to the Business User's digital menu and ordering flow.
• Responsible Display: Business Users must display QR codes in secure, appropriate locations to prevent tampering or redirection attacks.
• Analytics: QR code scans are tracked for analytics and service improvement purposes. This is disclosed in our Privacy Policy.
• Reporting Misuse: Report any suspected tampering, misuse, or fraudulent redirection of your QR code to EasyMenus immediately.

You agree not to engage in any of the following:

• Fraud: Fraudulent transactions, identity theft, or providing materially false information.
• Malicious Code: Uploading or transmitting viruses, malware, or any harmful software.
• Automated Scraping: Using bots, scrapers, or automated tools to access or extract data from the Platform without written permission.
• Reverse Engineering: Attempting to reverse engineer, decompile, or disassemble any part of the Platform.
• Unauthorised Access: Attempting to gain access to other user accounts, backend systems, or network infrastructure.
• IP Infringement: Violating copyrights, trademarks, or any other intellectual property rights.
• Harassment: Harassing, threatening, or intimidating other users or EasyMenus personnel.
• Misinformation: Posting false, misleading, or deliberately inaccurate content.

All Platform content, features, and functionality: including design, code, graphics, logos, and compiled data: are the exclusive property of EasyMenus and protected under applicable intellectual property laws.

• Limited Licence: You are granted a limited, non-exclusive, non-transferable licence to access and use the Platform for its intended purpose only.
• Prohibited Uses: You may not copy, modify, distribute, sell, sublicence, or create derivative works of any Platform content without written permission from EasyMenus.
• Your Content: You retain ownership of content you upload (menus, photos, business info). By uploading it, you grant EasyMenus a non-exclusive, royalty-free licence to display and use it on the Platform for the purpose of providing the service.
• Trademarks: EasyMenus trademarks, logos, and brand assets may not be used without prior written consent.

We work to keep EasyMenus available and reliable, but we cannot guarantee uninterrupted service.

• Scheduled Maintenance: We will provide advance notice of planned maintenance where possible.
• Unscheduled Downtime: Technical issues or outages may occur without notice. We will work to restore service as quickly as possible.
• Modifications: We reserve the right to modify, update, or discontinue any feature at any time. Where possible, we will give reasonable notice of significant changes.
• No Liability for Downtime: EasyMenus is not liable for losses caused by unavailability of the Platform, except in cases of our gross negligence or wilful misconduct.

EasyMenus reserves the right to suspend or terminate access to the Platform at any time, for reasons including but not limited to:

• Terms Violation: Breach of any provision of these Terms or our Privacy Policy.
• Fraudulent Conduct: Engagement in fraudulent, abusive, or illegal activity.
• Misrepresentation: Providing false or misleading business information during registration or verification.
• Payment Default: Failure to pay subscription or per-order fees within the grace period.
• Prolonged Inactivity: Accounts inactive for more than 24 consecutive months may be deactivated.
• Your Request: You may terminate your account at any time by contacting support or using account settings. No refund is issued for any remaining subscription period.

Upon termination, your right to use the Platform ceases immediately. EasyMenus may retain certain data as required by law or for legitimate business purposes in accordance with our Privacy Policy.

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN PARTICULAR:

• We do not warrant that the Platform is error-free, uninterrupted, or fit for any particular purpose.
• We do not guarantee the accuracy or completeness of content posted by Business Users, including menu items, prices, and availability.
• We are not responsible for the conduct, quality, or performance of any Business User.
• We are not responsible for third-party services including PayFast, delivery providers, or any linked platforms.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE SOUTH AFRICAN LAW, EASYMENUS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM:

• Your use of or inability to use the Platform.
• Conduct or content of any Business User, Customer, or third party on the Platform.
• Any failed, delayed, or disputed payment processed by PayFast.
• Unauthorised access to or alteration of your data, where you failed to maintain appropriate account security.
• Platform downtime, maintenance, or modifications.

In no event shall EasyMenus' total aggregate liability to you exceed the total fees you have paid to EasyMenus in the three (3) months immediately preceding the event giving rise to the claim.

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

• Your violation of these Terms.
• Content you post or upload to the Platform.
• Your infringement of any third-party intellectual property, privacy, or other rights.
• Any harm caused to other users or third parties through your actions or omissions on the Platform.
• Any claim arising from the conduct of drivers or delivery personnel you have added to your account.

We encourage all parties to resolve disputes amicably before pursuing formal proceedings.

• Good-Faith Negotiation: Contact EasyMenus at info@easymenus.co.za first. Most issues can be resolved quickly at this stage.
• Mediation: If direct negotiation fails, parties may agree to formal mediation before pursuing arbitration or litigation.
• Arbitration: Unresolved disputes may be submitted to arbitration under the rules of the Arbitration Foundation of Southern Africa (AFSA).
• Class Action Waiver: You agree to bring disputes only on an individual basis and not as a plaintiff or class member in any class-action proceeding.

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa.

• Applicable Law: South African law: including the Electronic Communications and Transactions Act (ECT Act), Protection of Personal Information Act (POPIA), and Consumer Protection Act (CPA): governs these Terms.
• Jurisdiction: You agree to the exclusive jurisdiction of the courts of Johannesburg, Gauteng, South Africa for any disputes not resolved by arbitration.
• International Users: If you access the Platform from outside South Africa, you do so at your own risk and remain responsible for compliance with your local laws.

EasyMenus may modify these Terms at any time. When we do:

• Notification: We will notify you via email or in-app notice at least 14 days before material changes take effect.
• Effective Date: The effective date at the top of this page will be updated to reflect the most recent revision.
• Continued Use: Your continued use of the Platform after the effective date constitutes acceptance of the updated Terms.
• Right to Exit: If you do not agree to updated Terms, you must stop using the Platform and may cancel your subscription without penalty before the effective date.

If any provision of these Terms is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision will be deemed severable from these Terms. The remaining provisions will continue in full force and effect. The invalid provision will be replaced with a valid provision that most closely reflects the original intent.

These Terms, together with the EasyMenus Privacy Policy and any other legal notices published by EasyMenus on the Platform, constitute the entire agreement between you and EasyMenus regarding your use of the Platform. They supersede all prior understandings, whether written or oral.

No waiver of any term shall be deemed a continuing waiver, and EasyMenus' failure to assert any right under these Terms shall not constitute a waiver of that right.

For all legal enquiries, billing questions, or concerns about these Terms, please contact us through any of the channels below. We aim to respond within 2 business days.

• Legal Enquiries: legal@easymenus.co.za
• General Support: info@easymenus.co.za
• Call or WhatsApp: +27 66 267 1723