Terms of Service

1 Definitions

In these Terms, the following definitions apply:

• “Company”, “we”, “us”, “our” — HK Data Solutions Pty Ltd, registration number 2016/352497/07, trading as Tap2Eat.
• “Service” — the Tap2Eat platform, including the web application, WhatsApp ordering bot, WhatsApp Flows, and all associated software, tools, and infrastructure.
• “Restaurant Operator” / “you” — any business or individual that registers and uses the Service to accept orders from customers.
• “End Customer” — a customer who places an order through a Restaurant Operator’s WhatsApp ordering channel powered by the Service.
• “Subscription” — the recurring payment plan selected by the Restaurant Operator to access the Service.
• “Content” — any data, text, images, menu items, prices, or other material submitted to the Service by the Restaurant Operator.

2 Eligibility and Account Registration

To use the Service, you must:

• Be a legal entity or individual of at least 18 years of age with capacity to enter into binding contracts under South African law.
• Provide accurate, current, and complete information during registration and keep it updated.
• Have a valid, active WhatsApp Business Account in good standing with Meta Platforms, Inc.
• Comply with all applicable laws, including but not limited to consumer protection, food safety, and business licensing laws applicable to your operations.

We reserve the right to refuse registration or suspend any account at our sole discretion.

3 The Service

3.1 What We Provide

Tap2Eat provides a software platform that enables Restaurant Operators to receive and manage food orders placed by End Customers via WhatsApp. The Service includes menu management, order processing, real-time order notifications, staff management tools, and reporting.

3.2 Third-Party Dependency — Meta / WhatsApp

The Service is fundamentally dependent on the WhatsApp Business Cloud API and WhatsApp Flows, both operated by Meta Platforms, Inc. (“Meta”). You acknowledge and agree that:

• The availability and functionality of the Service is subject to Meta’s platform policies, terms, and technical infrastructure, which are entirely outside our control.
• Meta may at any time change, restrict, suspend, or discontinue the WhatsApp Business API or related services without notice.
• We accept no liability for any disruption, loss of functionality, or loss of business caused by Meta’s actions, outages, policy changes, account restrictions, or any change to the WhatsApp platform.
• You are responsible for ensuring your own WhatsApp Business Account remains in good standing and compliant with Meta’s policies. Suspension or termination of your WhatsApp Business Account by Meta does not entitle you to a refund of any fees paid to us.
• Meta’s messaging fees (where applicable) are billed separately by Meta and are not included in our subscription fees.

3.3 Service Availability

We aim to maintain high availability but do not guarantee uninterrupted or error-free access to the Service. Scheduled maintenance, technical issues, or circumstances beyond our control may result in temporary unavailability. We will endeavour to provide advance notice of planned downtime where reasonably practicable.

4 Restaurant Operator Responsibilities

As a Restaurant Operator, you are solely responsible for:

• Menu accuracy — ensuring all menu items, descriptions, prices, allergen information, and availability are accurate and up to date.
• Order fulfilment — preparing, packaging, and delivering or making available all orders accepted through the Service.
• Customer disputes — handling all complaints, refund requests, and disputes raised by End Customers. Tap2Eat is a technology platform and is not a party to any transaction between you and your customers.
• Legal compliance — complying with all applicable laws and regulations, including food safety, health regulations, consumer protection legislation, tax obligations, and any licensing requirements applicable to your business.
• Account security — maintaining the confidentiality of your account credentials and notifying us immediately of any suspected unauthorised access.
• Staff conduct — ensuring all staff members who access the Service on your behalf comply with these Terms.
• Content — ensuring all Content you upload to the Service does not infringe any third-party intellectual property rights and complies with applicable law.

5 Prohibited Use

You must not use the Service to:

• Violate any applicable law or regulation.
• Sell or promote illegal products, substances, or services.
• Engage in deceptive, misleading, or fraudulent conduct toward End Customers or us.
• Transmit unsolicited commercial messages or spam via the WhatsApp ordering channel.
• Attempt to reverse-engineer, copy, scrape, or replicate any part of the Service.
• Interfere with or disrupt the integrity or performance of the Service or its underlying infrastructure.
• Use the Service in a manner that could bring Tap2Eat or Meta into disrepute or violate Meta’s WhatsApp Business Policy.
• Resell, sublicense, or otherwise make the Service available to third parties without our written consent.

6 Subscription and Payment

6.1 Fees

Access to the Service requires a valid, active Subscription. Subscription fees are as displayed on our pricing page and are subject to change with 30 days’ written notice to you.

6.2 Billing and Payment

Subscription fees are billed on a recurring basis (monthly or annually, as selected). Payments are processed by PayFast (a third-party payment gateway). By subscribing, you authorise us to charge your selected payment method for the applicable fees. You are responsible for ensuring your payment details remain current and valid.

6.3 Failed Payments

If a payment fails, we will attempt to notify you. Access to the Service may be suspended if payment is not received within 7 days of the due date. Continued suspension for more than 30 days may result in account termination and deletion of data, subject to our data retention obligations.

6.4 No Refunds

All Subscription fees are non-refundable, including in the event of early cancellation, account suspension due to policy violations, or disruption caused by Meta’s platform. Partial-period refunds are not provided. This does not affect your rights under the Consumer Protection Act, 68 of 2008, where applicable.

6.5 Taxes

All fees are quoted exclusive of VAT unless stated otherwise. Where applicable, VAT will be added at the prevailing rate and is your responsibility to pay.

7 Intellectual Property

7.1 Our IP

All intellectual property rights in the Service, including software, design, trademarks, and documentation, are owned by or licensed to HK Data Solutions Pty Ltd. Nothing in these Terms transfers any intellectual property rights to you. You are granted a limited, non-exclusive, non-transferable licence to use the Service solely for your internal business purposes during the term of your Subscription.

7.2 Your Content

You retain ownership of all Content you submit to the Service. By submitting Content, you grant us a non-exclusive, royalty-free licence to host, display, and process that Content solely for the purpose of providing the Service to you. We will not use your Content for any other purpose without your consent.

8 Limitation of Liability

To the maximum extent permitted by South African law:

• The Service is provided “as is” and “as available” without any warranty, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
• We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components.
• We are not liable for any loss of profits, revenue, data, goodwill, or business opportunity, whether direct or indirect, arising from your use of or inability to use the Service.
• We are not liable for any loss or damage caused by actions or omissions of Meta, PayFast, or any other third-party service provider.
• We are not liable for any disputes between you and your End Customers.
• Our total aggregate liability to you for any claim arising out of or related to these Terms or the Service shall not exceed the total Subscription fees paid by you in the 3 months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability for death or personal injury caused by our negligence, fraud, or any liability that cannot be excluded by law.

9 Indemnification

You agree to indemnify, defend, and hold harmless HK Data Solutions Pty Ltd and its directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Service in violation of these Terms.
• Any Content you submit to the Service.
• Any dispute between you and an End Customer.
• Your violation of any applicable law or regulation.
• Your WhatsApp Business Account being suspended or restricted by Meta as a result of your conduct.

10 Term and Termination

10.1 By You

You may cancel your Subscription at any time through the platform or by contacting us. Cancellation takes effect at the end of the current billing period. No refunds are issued for the remaining portion of the billing period.

10.2 By Us

We may suspend or terminate your account immediately, without prior notice or liability, if:

• You materially breach these Terms and, where the breach is remediable, fail to remedy it within 14 days of written notice.
• You fail to pay any fees due.
• We are required to do so by law or by Meta’s policies.
• We reasonably believe your use of the Service poses a risk to us, other users, or third parties.
• We discontinue the Service.

10.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We will retain your data in accordance with our Privacy Policy and applicable law. You may request an export of your data within 30 days of termination, after which it may be permanently deleted.

11 Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the Service and not to disclose such information to third parties without prior written consent, except as required by law.

12 Changes to the Service and Terms

We reserve the right to modify the Service or these Terms at any time. We will provide at least 30 days’ notice of material changes via email or an in-platform notification. Your continued use of the Service after the effective date of any changes constitutes acceptance of the updated Terms. If you do not agree to the changes, you may cancel your Subscription before they take effect.

13 Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute arising out of or in connection with these Terms shall first be referred to good-faith negotiation between the parties. If unresolved within 30 days, the dispute shall be submitted to the jurisdiction of the South Gauteng High Court, or such other competent court as may have jurisdiction, unless the parties agree in writing to an alternative dispute resolution process.

14 General

• Entire agreement — These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements.
• Severability — If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force.
• No waiver — Our failure to enforce any right or provision does not constitute a waiver of that right.
• Assignment — You may not assign your rights or obligations under these Terms without our written consent. We may assign our rights to a successor in the event of a merger, acquisition, or sale of assets.
• Notices — Formal notices to us must be sent to legal@tap2eat.co.za. Notices to you will be sent to the email address on your account.
• Force majeure — Neither party is liable for failure to perform obligations due to circumstances beyond their reasonable control, including acts of God, government action, platform outages by third-party providers, or internet disruptions.

15 Contact