A. Introduction:

1. Our mobile applications available on the Google Play and iTunes app stores (“Platforms”) are provided to you by my moco (Pty) Ltd (”my moco”, “we”, “us” or “our”), trading as Coffee Monster (“Coffee Monster”). By using, accessing, viewing or downloading any content or by accepting these Terms and Conditions, you agree to be bound by these Terms and Conditions.
2. These Terms and Conditions are subject to the Consumer Protection Act, 68 of 2008 (“the CPA”). These terms must be carefully read and understood by you as they:
   
   • may limit the risk or liability of Coffee Monster or a third party;
   • may require you to indemnify Coffee Monster; and/or
   • may serve as an acknowledgement of a fact, by you.
   If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Coffee Monster to explain it to you before you accept them and continue to use the App Service. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Coffee Monster in terms of the CPA.
3. Coffee Monster may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes.
4. Any such change will only apply to your use of the App after the change is displayed in these Terms and Conditions. If you use the App after such amended Terms and Conditions have been displayed, you will be deemed to have accepted such changes.

B. Placing an Order:

1. You will need to create a user profile in order to access our platforms. This will enable you to order coffee and other products (“Goods”) from third parties (“Merchants”).
2. You will need to enter the necessary personal information into the online registration form and will be asked to accept these Terms and Conditions before your user profile is created.
3. For security purposes, your password and user profile details must be kept secure by you, for personal use only and should not be disclosed by you to any third party.
4. You agree that, once your correct username and password have been entered (in relation to the App), irrespective of whether the use of the username and/or password is unauthorised or fraudulent, you will be liable for payment of any resulting order.
5. You further agree to notify Coffee Monster immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and/or password and to take steps to minimise any resultant loss or harm.
6. You may post reviews voluntarily on the App, which will be viewable by other users, regarding your order and the service you received. You will however be specifically required to rate the goods and self-collection after receiving your order, before placing a new order. If the rating is below 60%, you will be required to provide reasons for such rating. Any mandatory ratings and/or comments given by you will be treated confidentially, provided that we may use such information to determine aggregated ratings which will be posted on the App and will be publicly viewable. You may not use the App to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful. We are entitled, at any time in our sole discretion, to remove any reviews and/or comments posted by you in contravention of this clause.
7. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the App. You may use the App only for lawful purposes and may not in any way (including without limitation by use of any robot, spider, other automatic device or manual process) monitor, distribute, display, publish, copy, print, post, modify or otherwise use the App and/or the information contained therein without the express prior written consent of an authorised MoCo representative.
8. At the time of ordering, you are required to indicate your location, and then you will be given a selection of Merchants. You will only be allowed to order goods from that selection of coffee shops, which fall within the prescribed area (as determined by Coffee Monster from time to time) surrounding your given address.
9. Goods will be collected by you from the Merchant within the trading hours set out on our Platforms. We may at any time suspend or terminate the availability of a Merchant, menu or menu item on the App, in our sole discretion. We further cannot guarantee any delivery times for the goods.
10. You acknowledge that, notwithstanding that the goods may be ordered via the App, you place such order with the Merchant. Therefore, the sale of goods is solely between the user and the relevant Merchant. Coffee Monster only provides the platform to facilitate transactions between Merchants and users in relation to the goods. Any claims the user may have in respect of the goods shall be directed to the relevant Merchant.
11. Coffee Monster will be your first point of contact for any complaints arising out of or in connection with the sale of goods. However, should such complaint escalate into being a dispute, although Coffee Monster is entitled to become involved in an attempt to resolve it, Coffee Monster is not obliged to do so and any disputes must be resolved between the user and the relevant Merchant.
12. Users may place orders for goods, which the Merchant and/or Coffee Monster may accept or reject. The placing of an order will happen when payment is made by credit or debit card. Whether or not the Merchant and/or Coffee Monster accepts an order depends on various factors, including but not limited to, the availability of goods, correctness of the information relating to the goods (such as the price) and receipt of payment or payment authorisation (if applicable) by Coffee Monster for the goods.
13. Coffee Monster will indicate the acceptance of your order by way of a push notification in the App (“Acceptance Notice”), and only at that point will agreements of sale (the “Sale”) come into effect between you and the Merchant in respect of the goods. This is regardless of any earlier communication from Coffee Monster stating that your order or payment has been confirmed. Coffee Monster will indicate the rejection of your order by cancelling it, notifying you thereof and, as soon as possible thereafter, refunding you for any amount already paid.
14. Prior to you being notified that the goods are ready for collection, we may reject an order or cancel a sale at any time due to the Merchant being unable to fulfil the order or any other reason in Coffee Monster’s sole discretion.
15. You will not be able to retract your order via the App, or after an Acceptance Notice has been generated. You will not be able to change your order after placing it.
16. You cannot hold Coffee Monster and/or the Merchant liable if such goods are not available or not available at a particular price when you complete or attempt to complete the purchase cycle at a later stage.
17. If you fail to collect the goods within 60 (sixty) minutes after the estimated collection time, the Merchant may dispose of the goods in any manner which it deems fit and you will remain liable for payment of the goods.
18. Any dispute regarding the Merchant failing to make the goods available at the collection time or within 15 (fifteen) minutes thereafter, should be resolved between you and the relevant Merchant; your respective rights and obligations being as set out in these Terms and Conditions.
19. Coffee Monster relies on information supplied to it by the Merchants relating to the goods, and accordingly bears no liability for any inaccuracies in such information supplied to it. It further cannot guarantee, implicitly or otherwise, the quality of the goods.
20. You acknowledge that stock of all goods on offer may be limited. Coffee Monster will take reasonable efforts to ensure that when goods are no longer available, offers thereof are discontinued on the App. When goods are no longer available after you have placed an order, Coffee Monster will notify you thereof and reject your order or cancel the sale, in which event you will be entitled to a refund of the amount paid by you for such order.
21. You also acknowledge that the pricing of goods may change at any time without notice to you, but no price change will affect any goods ordered in respect of which you have received an Acceptance Notice, except in the case of an obvious pricing error. In the event of an obvious pricing error, we may reject your order or cancel the sale at any time and you will be entitled to a refund of the amount paid by you for such order.
22. Any dispute regarding inaccurate information relating to a Merchant, goods or goods pricing errors or sold-out goods should be resolved between you and the relevant Merchant; your respective rights and obligations being as set out in these Terms and Conditions.
23. In the event that you suffer a direct and foreseeable loss as a result of goods produced, in addition to providing you with a refund, we will use our best efforts to provide you with any information which you may require should you wish to raise the matter with the relevant Merchant.
24. It is your responsibility to establish from the relevant Merchant which ingredients will be used when preparing the goods and make the necessary arrangements with such vendor to exclude any ingredients if you have any allergies or special requirements. We cannot and do not guarantee that the goods will be free of allergens and we disclaim any liability relating to any ingredients or allergens contained in such goods.
25. Coffee Monster shall take all reasonable efforts to accurately reflect or inform you of the goods description, availability, purchase price, via the App. However, should there be any errors of whatsoever nature on the App (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to an order or Sale based on any error, the rejection of an order or the cancellation of a sale, save to the extent of refunding you for any amount already paid.

C. Payment and Security:

1. Coffee Monster will receive payment for all order charges and will pay the goods related portion thereof to the relevant Merchant. We are authorised to receive payment for the goods on behalf of the Merchant and payment made by you to us for the full price of the goods will discharge your payment obligations to the Merchant.
2. Payment for your order will be made by credit or debit card via the App. We may require additional information in order to authorise and/or verify the validity of payment. You will be redirected to the secure site of our payment gateway, which is not owned by Coffee Monster or under Coffee Monster’s control, and for which you acknowledge Coffee Monster is not responsible in law.
3. Such payment gateway is however committed to upholding strict security standards, and at no stage will Coffee Monster store your credit card details. We are entitled to withhold processing the order until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation, your order for the goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the order charges. You also warrant that your credit card has sufficient available funds to cover all the order charges.
4. We use only the best available online payment processing system. 3D Secure was the first South African payment gateway to be certified by both Mastercard and VISA for secure transactions. Payments made using our platforms are secured by means of a number of encryptions and 3D Secure which authenticates the cardholder before the transaction takes place by diverting your browser to the bank that issued your card to you. Your bank’s platforms will then request that you enter your PIN to confirm that you are in fact the cardholder and entitled to use the card. No cardholder information is stored, processed or transmitted by us as we use the payment platform of FNB to process your payment using our platforms. Because FNB’s technology is PCI DSS compliant, all of your cardholder information is stored in a PCI (Payment Card Industry) certified vault in accordance with the PCI guidelines and security standards.
5. Although every effort is made in order to secure your personal information, we cannot completely guarantee that unauthorised third parties (such as hackers) will not be able to access your information. Please contact us immediately if you become aware of any security related issues or if you have any concerns about the security of your payment or user profile.

D. Promotions:

1. Coffee Monster may from time to time make promotions available on our platforms. These are issued at our sole discretion and we reserve the right to adjust, cancel or correct any promotion for any reason. As a general rule, promotions can only be used once. Creating multiple accounts or using one payment card against multiple accounts for the purpose of redeeming promotions is strictly prohibited.

E. Intellectual Property Rights and Copyright:

1. The contents of the App, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in the App (“App Content”) are protected by law, including but not limited to copyright and trade mark law. The App Content is the property of my moco (Pty) Ltd, trading as Coffee Monster.
2. You will not acquire any right, title or interest in or to the App or the App Content.
3. Any use, distribution or reproduction of the App Content is prohibited unless expressly authorised by an authorised my moco representative or otherwise provided for in law.
4. Where any of the App Content has been licensed to my moco or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions which are notified to you as being applicable.

F. Limitation of Liability:

1. Coffee Monster cannot be held liable for any inaccurate information published and/or any incorrect prices displayed on the App, save where such liability arises from the gross negligence or wilful misconduct of Coffee Monster or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email: admin@coffeemonster.co.za.
2. Coffee Monster shall not be liable for any direct, indirect, incidental, special or consequential loss or damages, which might arise from your use of or reliance upon the app, or the content contained in the app, or your inability to use the app and/or unlawful activity on the app and/or any linked third party website or mobile application. Should it be found that Coffee Monster is liable to you, such liability shall be limited to the order charges relating to your particular order.
3. Coffee Monster further makes no representations or warranties (implied or otherwise) that, amongst others, the content and technology available on or provided by means of our platforms are free from errors or omissions, or that our Platforms will always be available and error free.
4. You hereby indemnify Coffee Monster against any loss, claim or damage, which may be suffered by yourself or any third party arising in any way from your use of the app and/or any linked third party website or mobile application.
5. It is your responsibility to satisfy yourself before accepting these Terms and Conditions that the service available from and through our Platforms will meet your individual requirements and will be compatible with your hardware and or software.

G. Indemnity:

1. The use of the App is entirely at your own risk and you assume full responsibility for any risk or loss resulting from such use or reliance on any information on the App.
2. Whilst Coffee Monster takes reasonable measures to ensure that the content is accurate and complete, no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the App or as to the accuracy, completeness or reliability of any information on the App. If any such representations or warranties are made by Coffee Monster’s representatives, it shall not be bound thereby.
3. Coffee Monster disclaims liability for all damage, loss or expense, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the App and/or any content therein, unless otherwise provided by law.
4. Any views or statements made or expressed on the App are not necessarily the views of Coffee Monster, its directors, employees and/or agents.
5. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Coffee Monster also makes no warranty or representation, whether express or implied, that the information or files available on the App are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Coffee Monster, its employees, agents or authorised representatives.
6. As far as the law allows, you agree to defend, indemnify and hold us, our directors, employees, merchants, third party associates harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including legal costs on the attorney-client scale) of any nature whatsoever as a result of:
   • your use of our platforms;
   • your violation of these Terms and Conditions (including the privacy policy); and
   • your violation of the rights of any third party, including without limitation any intellectual property right or other rights.
7. The clause will survive termination, modification or expiration of these Terms and Conditions and your use of our platforms.

H. Electronic Communications:

1. All communications and notices sent by you or us satisfies any legal requirements and shall be deemed to be “in writing” and shall include data generated, sent, received or stored by electronic means. You further consent to receiving such communications from us electronically in accordance with our Privacy Policy.

I. Availability and Termination:

1. We will use reasonable endeavours to maintain the availability of the App, except during scheduled maintenance periods, but are entitled at any time to discontinue providing the App, or any part thereof with or without notice to you.
2. Coffee Monster may in its sole discretion terminate, suspend and modify the App with or without notice to you. You agree that Coffee Monster will not be liable to you in the event that it chooses to suspend, modify or terminate the App other than for processing any orders made by you prior to such time, to the extent possible.
3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the App without any prejudice to any claims for damages or otherwise that we may have against you.
4. At any time, you can choose to stop using the App without notice to Coffee Monster.

J. Notices:

1. My Moco (Pty) Ltd t/a Coffee Monster hereby selects P.O Box 653624, Benmore, 2010 as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Coffee Monster may change this address from time to time by updating these Terms and Conditions.
2. You hereby select the email address and the physical address specified in your registration setup as your legal address, but you may change it by giving Coffee Monster not less than 7 (seven) days’ notice in writing.
3. Notices must be sent either by hand, prepaid registered post or email and must be in English.
4. All notices sent –
   • by hand will be deemed to have been received on the date of delivery;
   • by prepaid registered post, will be deemed to have been received 10 days after the date of posting; and
   • by email before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the email. All emails sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day, unless the contrary is proved.

K. Information:

1. For the purposes of the Electronic Communications and Transactions Act 2002, Coffee Monster’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the App:
   • Full name: MY MOCO (PTY) LTD, a private company registered in South Africa with registration number: 2017/394802/07, trading as Coffee Monster
   • Main business: Goods ordering service
   • Physical Address for receipt of legal service: P.O. Box 653624, Benmore, 2010
   • Phone: 082 870 3072
   • E-mail: admin@coffeemonster.co.za

L. Governing Law and Jurisdiction:

1. These Terms and Conditions, the relationship between you, Coffee Monster or any Merchant and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
2. Your continued use of the App will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
3. In the event of any dispute arising between you and Coffee Monster, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (South Gauteng Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
4. Nothing in this clause or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

M. General:

1. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
2. No party will be liable to any other party for any delay or failure in performing its obligations (excluding payment obligations) in terms of these Terms and Conditions due to an event beyond its control, including but not limited to, an act of God, fire, flood, earthquake or war.
3. Any failure on the part of you or Coffee Monster to enforce any right in terms hereof shall not constitute a waiver of that right.
4. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
5. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
6. No indulgence, extension of time, relaxation or latitude which either you or Coffee Monster (the “grantor”) may show, grant or allow to the other of them (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
7. These Terms and Conditions contain the whole agreement between you and Coffee Monster and no other warranty or undertaking is valid, unless contained in this agreement.

Refunds

1. If you have placed an order for goods which are no longer available or which you ordered but have not received, we will process a refund to you for any payments already made by you for the unavailable goods.
2. If the order delivered to you is incorrect or not of a satisfactory quality, we will process a refund for your order, to you, or arrange for a replacement of your order.
3. We are not able to cancel any orders, which have already been placed, as we have no control over the internal ordering processes and procedures of our Merchants.
4. We cannot cancel and/or refund unwanted orders.