Last Updated: 10 October 2024

Welcome to ChewChatter. These Terms of Service ("Terms") govern your use of the ChewChatter platform, including our website, mobile application, and services (collectively, the "Service"). The Service is owned and operated by Prolific and Co (Pty Ltd) ("we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.

"User" refers to any individual who accesses or uses the Service, including food lovers and business owners.

"Content" refers to all text, images, videos, reviews, and other material posted on the Service.

3.1. You must create an account to use certain features of the Service. You are responsible for maintaining the confidentiality of your account information.

3.2. You agree to provide accurate and complete information when creating your account and to update this information as necessary.

3.3. You are solely responsible for all activities that occur under your account.

4.1. You agree not to use the Service for any unlawful purpose or in any way that violates these Terms.

4.2. You agree not to post any Content that is false, misleading, defamatory, obscene, or infringing on any third-party rights.

4.3. You agree not to interfere with or disrupt the Service or servers or networks connected to the Service.

5.1. Users retain ownership of the Content they post on the Service.

5.2. By posting Content, you grant us a non-exclusive, worldwide, royalty-free license to use, modify, publicly display, reproduce, and distribute such Content on and through the Service.

5.3. We reserve the right to remove any Content that violates these Terms or that we deem inappropriate.

5A.1. ChewChatter operates on a subscription-based model for business accounts. Due to the nature of the platform, no refunds will be provided for subscription payments.

5A.2. Business owners may cancel their subscription at any time, retaining access to the platform until the end of their current billing period.

5A.3. All payments are processed through Paystack. ChewChatter does not handle any payment processing directly.

5A.4. Any payment disputes, fraudulent transactions, or card-related issues must be directed to Paystack. ChewChatter cannot assist with payment-related disputes.

5B.1. ChewChatter collects and stores various data including, but not limited to, business information, user data, menu items, prices, images, and platform usage analytics.

5B.2. Analytics data is collected to enhance platform performance and user experience.

5B.3. ChewChatter does not sell or trade any customer or business information to third parties.

5B.4. For complete information about our data practices, please refer to our Privacy Policy.

6.1. Business owners are responsible for ensuring the accuracy of their menu items, prices, and other information posted on the Service.

6.2. Business owners agree to fulfill orders placed through the Service in a timely and professional manner.

6.3. Business owners are solely responsible for compliance with all applicable laws and regulations related to their food business.

6.4. Business owners must maintain all required licenses, permits, and certifications required by local, provincial, and national authorities for food preparation, handling, and sales.

6.5. ChewChatter does not verify, endorse, or guarantee the food safety practices, quality, or regulatory compliance of any business listed on the platform.

6A.1. ChewChatter is a platform that facilitates connections between food businesses and customers. We do not prepare, handle, package, or deliver any food items.

6A.2. Each business listed on ChewChatter is an independent entity responsible for:

6A.3. ChewChatter expressly disclaims any responsibility or liability for:

6A.4. Users acknowledge that they order and consume food from businesses at their own risk.

6B.1. ChewChatter functions solely as a discovery and promotional platform for food businesses. We do not participate in or manage order processing.

6B.2. All transactions, communications, and arrangements occur directly between businesses and customers.

6B.3. ChewChatter bears no responsibility for:

6C.1. ChewChatter does not mediate or resolve disputes between businesses and customers.

6C.2. All disputes must be resolved directly between the business and customer involved.

6C.3. ChewChatter will not participate in any legal proceedings between businesses and customers.

6D.1. ChewChatter reserves the right to immediately terminate or suspend any account that:

6D.2. Account termination will be permanent and the business listing will be removed from the platform.

6E.1. ChewChatter may send promotional communications regarding platform features, benefits, and featured businesses.

6E.2. Users may opt out of marketing communications at any time through their account settings or email preferences.

6F.1. Direct access to ChewChatter's API or attempts to scrape business data is strictly prohibited and may constitute a criminal offense.

6F.2. Users agree not to reverse engineer or attempt to extract source code from the platform.

6G.1. ChewChatter does not actively verify or moderate business listings unless a formal complaint is received.

6G.2. Upon receiving complaints, ChewChatter may investigate and take appropriate action to address the issue.

6G.3. ChewChatter reserves the right to request verification documentation from businesses at any time.

6H.1. ChewChatter reserves the right to discontinue the platform at any time for any reason, without prior notice.

6H.2. In the event of platform discontinuation:

6H.3. ChewChatter shall not be liable for any losses or damages resulting from platform discontinuation.

7.1. The Service and its original content, features, and functionality are owned by Prolific and Co (Pty Ltd) and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

8.1. The Service is provided on an "as is" and "as available" basis without any warranties of any kind.

8.2. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free.

8.3. ChewChatter makes no representations or warranties about the quality, safety, or legal compliance of any food items or services offered by businesses on the platform.

9.1. To the fullest extent permitted by law, Prolific and Co (Pty Ltd) shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of the Service.

9.2. ChewChatter specifically disclaims all liability related to food preparation, food safety, food quality, and regulatory compliance of businesses listed on the platform. Users agree that any claims related to food products or services shall be directed solely to the relevant business owner.

10.1. You agree to indemnify and hold harmless Prolific and Co (Pty Ltd) and its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses arising out of your use of the Service or violation of these Terms.

11.1. We reserve the right to modify or discontinue the Service at any time without notice.

11.2. We may revise these Terms from time to time. The most current version will always be posted on the Service.

12.1. These Terms shall be governed by and construed in accordance with applicable laws to the maximum extent permitted by law.

12.2. Any disputes arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts where ChewChatter chooses to initiate or defend any proceedings.

12.3. Nothing in these Terms shall limit ChewChatter's right to pursue remedies or take legal action in any other jurisdiction.

If you have any questions about these Terms, please contact us at imraan@prolificsolutions.co.za.

By using ChewChatter, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.