Terms and Conditions

The Pekkish Subscription Terms and Conditions governing the subscription by a business (the Subscriber”) (“Terms and Conditions”)

  1. Definitions and Interpretation
    In these Terms and Conditions, the following terms shall have the following meanings:
    1. Activation Date means the date on which Pekkish confirms the Subscriber’s subscription
    2. Agreement means this agreement between the Subscriber and Pekkish;
    3. Applicable Laws means all applicable laws, rules, codes, regulations, and formal regulatory guidelines and standards, made by a regulator, legislature or other public authority with binding effect in force from time to time (construed having regard to related guidance and codes of practice issued or approved by a regulator or other public body) and applicable to a Party and relevant to this Agreement including but not limited to the Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972 (as amended) and the Health Act 63 of 1977;
    4. Customer means the individual natural persons (or its nominee) registered on the Pekkish App to order from Pekkish’s registered Subscribers;
    5. Deliver/Delivery means delivery by the Subscriber or collection by the Customer of the Order;
    6. Generated Order means an Order whether or not such order is cancelled before payment or Delivery
    7. Menu means the Subscriber’s menu as approved by Pekkish at registration and any other menu as amended by the Subscriber from time to time which menu shall not contain any vulgar or derogatory content;
    8. Monthly in Arrears means the 3rd business day of the following month (i.e. excluding weekends and public holidays);
    9. Party/Parties means the Customer or the Subscriber or both;
    10. Pekkish App/App means the software application available for download from various app stores and which enables the Subscriber to register as a Subscriber and which enables Customers to order Takeaways from any Subscriber registered on the Pekkish App;
    11. Pekkish means Pekkish (Pty) Ltd, a private company registered in terms of the company laws of South Africa bearing registration number 2017/458224/07;
    12. Order means the Takeaways which the Customer purchases from the Subscriber on the App which includes either payment before Delivery or on Delivery;
    13. Service means registration as a Subscriber on the Pekkish App, and marketing and advertising the Subscriber’s Takeaways to Customers;
    14. Subscriber means the business which is registered on the Pekkish App to sell Takeaways to Customers from their place of business;
    15. Takeaways means all food and beverages of the which the Subscriber sells to Customers on the Pekkish App;
    16. Tier 0 means the 0 – 10 Generated Orders per month;
    17. Tier 1 means the 11 – 50 Generated Orders per month;
    18. Tier 2 means 51 to 500 Generated Orders per month;
    19. Tier 3 means 501+ Generated Orders per month; and
    20. Terms and Conditions means the terms and conditions contained in this document
  2. SubscriptionThe Subscriber hereby subscribes for the Service, indefinitely, with effect from the Activation Date.
  3. Duration and Termination of Subscription
    1. The Subscriber shall subscribe to the use of the App as described in paragraph 2 above with effect from the Activation Date, indefinitely, unless otherwise terminated in terms of 3.2 below.
    2. Either Party may terminate the subscription as follows:
      1. On one calendar months’ written notice; or
      2. On 10 days’ notice if either Party breaches any of the Terms and Conditions of this Agreement and fails to remedy such breach in terms of paragraph 8 below.
      3. With immediate effect without notice to remedy such breach in the event that the Subscriber fails to pay the Subscription Fee as contemplated in terms of 4 below.
    3. In the event that the Subscriber terminates its subscription, it shall be liable for a full notice month subscription in respect of 3.2.1 and pro rata in respect of 3.2.2
  4. Payment of the subscription fee
    1. The Subscriber shall pay to Pekkish a fee equal to R149.00 for Tier 1, R399 for Tier 2 and R799 for Tier 3 respectively, Monthly in Arrears (“Subscription Fee”), via debit order from the Subscriber’s registered bank account.
    2. The Customer shall be invoiced and the Subscription Fee shall be paid according to the Tier which the Customer placed for the preceding month.
    3. The subscription fee shall increase on a yearly basis by a percentage determined from time to time which shall be communicated to the Subscriber at least 30 days in advance.
  5. Obligations of the Subscriber
    1. The Subscriber shall: –
      1. pay a subscription fee for its business to be listed on the App;
      2. comply with all Applicable Laws; and
      3. comply with Pekkish’ policies and procedures as may be applicable from time to time;
      4. ensure that its menu is true and correct at all times and that it complies with any undertaking, promise or representation to the Customers in connection with, amongst other things, preparation time, collection time, delivery time, ingredients, portion and portion sizes and mode of payment.
  6. Obligations of Pekkish
    1. Pekkish shall: –
      1. register and maintain the Subscriber as a Subscriber on the App;
      2. offer the Subscribers Takeaways to the Customers on a non-exclusive basis, it being recorded that Pekkish is entitled and may register a business as in competition with the Subscriber as a subscriber on the App;
      3. offer the Subscriber a payment portal to allow a Customer ordering Takeaways from the Subscriber to pay the Subscriber by way of cash on delivery, EFT, Snapscan or credit/debit card (if applicable);
      4. market and advertise the Subscriber’s Takeaways on social media including but not limited to third party websites.
  7. Warranties and Indemnities
    1. The Subscriber warrants that:
      1. The information completed on the online registration process is true and correct; and
      2. The Subscriber is aware of, and complies with all Applicable Laws
    2. The Subscriber acknowledges and accepts that save for Pekkish’ obligation in terms of paragraph 6 above, Pekkish shall have no obligation or involvement in the relationship between the Subscriber and a customer and that the Subscriber shall be directly responsible to the Customer in connection with the Customer’s Order.
    3. The Subscriber accordingly indemnifies and holds Pekkish harmless for all and any liability, damages, costs and/or expenses arising out of or in connection with any claim by a Customer arising out of and in connection with the Customers order.
    4. The Subscriber furthermore acknowledges that the App may contain links to third party websites which, if accessed is entirely at the Subscribers own risk. Pekkish has no control over the content of any linked website and makes no warranties or representations about such linked websites or the information contained in them.
  8. Breach
    1. Should any Party (Defaulting Party) commit any breach of any of the provisions of this Agreement and fail to remedy such breach within 10 (ten) days after receipt of notice in writing to do so by the aggrieved party, then and in any one of such events, the aggrieved party shall forthwith be entitled (but not obliged) without prejudice to any of its other rights or remedies, including damages:
      1. to cancel this Agreement with immediate effect; or
      2. claim immediate payment and/or performance of the obligations of the Defaulting Party in terms of this Agreement.
  9. Notices and Domicilium
    1. Each of the Parties chooses domicilium citandi et executandi (Domicilium) for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from this Agreement at their respective addresses, viz:
      Subscriber: the email used when subscribing to the App
      Pekkish: customerservice@pekkish.co.za
  10. Disclaimer
    1. Pekkish makes no representations or warranties either expressly or by implication regarding the operation of its App or the accuracy, completeness, currency or reliability of any of the information, content, materials, products, software or services included on or made available to you through the App.
    2. Pekkish therefore disclaims all liability for any errors in relation to the information on the App including any representations or warranty, that the App will be free of viruses, services will be uninterrupted and communications will not be intercepted.
    3. The Client hereby agrees that the use of the App is at its own risk.
  11. Privacy Policy
    The Subscriber hereby subscribes to Pekkish’ Privacy Policy at [insert link]
  12. General Legal
    1. Variation, cancellation, suspension and waiver
      No alteration, cancellation, variation of, or addition hereto shall be of any force or effect unless reduced to writing and signed by all parties to this Agreement or their duly authorised representatives.
    2. Entire Agreement
      This Agreement contains the entire agreement between the parties and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded in this Agreement
    3. Indulgences
      No indulgence, leniency or extension of time which any party may grant or show to any other party shall in any way prejudice or preclude the party granting or showing such indulgence, lenience or extension of time from exercising any of its rights in the future.
    4. Counterparts
      This Agreement may be executed in any number of counterparts and all of those counterparts taken together constitute one and the same instrument.
    5. Applicable Laws
      This Agreement shall be governed by the laws of the Republic of South Africa.
    6. Severability
      Any provision in this Agreement which is or may become illegal, invalid or unenforceable in any jurisdiction shall, with respect to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto and severed from the balance of this Agreement, without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction.
    7. Ownership and copyright
      The App may only be used for lawful purposes and Subscriber may not interfere or attempt to interfere with the proper working of the App and you may not in any way monitor, distribute, publish, copy, print, post, modify or distribute the App or its content without the express written consent of Pekkish.