TERMS AND CONDITIONS

Effective 18 July 2025

1. WHAT THESE TERMS COVER

1.1 These User Terms (“Terms”) form a legally binding agreement between you and Food Sack ( “Food Sack”, “we”, “us” or “our”), and they govern your use of the Food Sack Website and the Food Sack App (collectively referred to as the “Food Sack Hub”). By accessing or using any part of the Food Sack Hub, you agree to these Terms in full. If you do not accept them, you may not use any part of the Food Sack Hub. You’ll need to accept these Terms in order to register an account.

1.2 These Terms explain how everything works between you and Food Sack, and what’s expected from both sides. They cover:

  • What you can expect from us when using the Food Sack Hub.
  • What we expect from you, including some basic rules of engagement.
  • How interactions work between you and the stores featured on the Food Sack App.

1.3. It’s important that you understand and agree to these Terms before using the Food Sack Hub. These Terms also include any additional policies mentioned here, such as our Privacy Policy which includes the use of Cookies. By agreeing to these Terms, you’re also agreeing to our Privacy Policy. Note that policies may be changed when Food Sack deems this necessary.

2. OUR PURPOSE

2.1 At Food Sack, we believe in saving. Saving the planet, saving money as a consumer, and saving businesses from wastage. Our goal is to reduce food waste across South Africa by connecting people to businesses with surplus food through the Food Sack App, which can be purchased at a discounted price (surplus food is referred to as a “Sack”). Every time you reserve a Sack, you help ensure that good food ends up where it belongs — on someone’s plate.

2.2 The Food Sack App empowers individuals like you (“you” or “user”) to save delicious, unsold food from local businesses — including bakeries, restaurants, grocers, cafés, hotels and more (collectively referred to as “Stores”). These Stores make their leftover items available in Sacks, which are made available to reserve directly through the Food Sack App.

2.3 While the Food Sack App connects you with these Stores, Food Sack itself does not prepare or manage the contents of any Sacks. We also don’t own or sell the food — that part is entirely handled by the Store offering it.

2.4 Sacks may look a little different from Store to Store, but the mission stays the same: help South Africans access great food at a discount and contribute to businesses while reducing waste.

3. USING THE FOOD SACK APP

3.1 How it works

The Food Sack App makes it easy for you to order food:

1. A Store uploads the Sacks they’ll have available based on their surplus.

2. You browse a list of Stores offering Sacks via the Food Sack App (location permissions must be enabled to view results near you).

3. There are two types of Sacks you can purchase:

  • A Standard Sack - this is a standard food item that is listed, which you can see the contents of.
  • A Mystery Sack - A surprise assortment of food products in which you do not know exactly what the package contains.

4. You reserve a Sack at a Store of your choice.

5.. You pay for the Sacks in the Food Sack App through the Food Sack App’s secure payment portal.

6. You collect the Sack(s) during the designated collection window by showing your receipt number in the Food Sack App.

3.2 Your Food Sack Account

To use the Food Sack App and make reservations, you’ll need to register and set up an account (“Account”). You’ll be asked to provide accurate, complete information—and to keep it updated. Without this, we might not be able to offer you the full experience.

You should NOT:

  • Pretend to be someone else by using their name or details.
  • Pick usernames that are offensive or violate someone else’s rights.
  • Share your account with others or use someone else’s account.
  • Post or share login credentials for your or another user’s account.

3.3 Reserving Orders

3.3.1 Making a Reservation

You can reserve a Sack by placing a request (“Reservation”) with a Store listed in the Food Sack App. The Food Sack App will show you available Stores filtered by location, price or other criteria you choose. Note that when you make a Reservation, you’re reserving a Sack the Store expects to have available. If they don’t end up with enough surplus, they might need to cancel (refer to section 3.3.4). A Reservation doesn’t mean you’ve bought the Sack. The actual purchase is only complete once you collect the Sack(s) at the Store.

3.3.2 Reservation Confirmation

Once you’ve placed a Reservation, we’ll notify the Store which you have reserved with. You’ll then get a confirmation inside the Food Sack App along with a receipt number (“Reservation Confirmation”) that you’ll need to show at pick-up. Make sure it is visible when collecting your Sack(s).

3.3.3 Collection (Pick-up)

You’ll need to collect your Sack(s) during the time slot listed in your Reservation Confirmation. Show your confirmation in the Food Sack App to the Store staff, and they’ll hand over your Sacks. Always check that the pack you receive matches your Reservation.

If you miss the pick-up window, your Sack(s) may no longer be available, but you will still be charged.

3.3.4 Cancelling a Reservation

There may be situations where Reservations need to be cancelled—whether by you, the Store, or Food Sack.

3.3.4.1 You can cancel

You can cancel directly in the Food Sack App before the collection window begins. You will receive a full refund.

3.3.4.2 The Store can cancel

Stores can cancel your Reservation before the pick-up window begins. In rare cases, they may need to cancel later (for example, if they unexpectedly run out of surplus food). You’ll be notified of any cancellations via email, SMS or through the Food Sack App—assuming we have your correct contact details and permission to send notifications.

3.3.4.3 If Food Sack Cancels

We may cancel Reservations if necessary—for example, in cases of food safety concerns, store issues or disputes. This is a very rare case, and we’ll only do this when it’s the right call to make.

4. SACKS CONTENTS

4.1 Food Sack’s Role:

Food Sack operates as a platform that connects users with local Stores via the Food Sack App. We do not own, manage, inspect, or handle the Sacks offered by Stores. This means we are not involved in packaging, producing, delivering, or deciding on the contents of any Sacks. The Stores independently determine what goes into each Sack, and we are not responsible for the ingredients, allergens, quality, or accuracy of any details shared in the App. If you have questions or concerns about what’s in a specific Sack, you must contact the Store directly.

4.2 Store’s Responsibility:

When collecting your Sacks and before confirming your collection in the App, the Store is, if requested by you, expected to provide details about the contents, including any ingredients, allergens, or other relevant food labelling information. It remains the responsibility of both you and the Store, and not Food Sack, to ensure that the Sacks meets your dietary needs and to confirm the presence of any allergens or specific ingredients. If you’re unsure or have allergies, please double-check with the Store before completing your pickup.

5. PRICING, PAYMENTS & REFUNDS

5.1 Pricing Structure:

The values displayed in the Food Sack App for a Sack represent:

  • The minimum original value of its contents, had they not been sold as surplus.
  • The discounted price that you will be paying should you purchase that Sack

All prices are shown in South African Rand (ZAR) and include VAT where applicable.

5.2 Food Sack’s Role in Payment Collection:

Food Sack acts on behalf of the Stores to collect payment. When you make a Reservation, you authorise Food Sack to receive the payment, and that transaction settles your financial obligation to the Store.

5.3 Packaging or Additional Fees:

Where applicable, any additional fees will be clearly displayed in the App before you complete your Reservation.

5.4 How Payments Work:

When you reserve a Sack, the stated amount (“Reservation Fee”) will be charged immediately to your selected payment method. If the reservation is cancelled within the time limits defined in our cancellation policy (see section 3.3.4), a refund will be processed. Please note that depending on your payment provider or bank, refunds may take up to three business days to reflect in your account.

5.5 Payment Options:

You may use credit or debit cards, or other accepted methods listed in the Food Sack App. To process your payment, you’ll be asked to provide necessary details such as your card number, expiry date, and security code. Food Sack itself does not store or access your card details—they are securely handled by our payment partner.

5.6 Refund Policy:

Refunds may be offered at Food Sack’s discretion, for issues such as complaints, product quality concerns, or product recalls. If you’d like to request a refund, you must do so within 3 days of your scheduled pickup time. Requests made after this period will unfortunately not be eligible for reimbursement.

6. HOW WE USE YOUR DATA

Your privacy matters to us at Food Sack. Whenever you use the Food Sack App or interact with the platform, certain personal data is collected and processed so we can offer you the best possible experience. This data may include, but is not limited to, your contact information, your location (to show you nearby Stores), your purchase history, and other usage data related to how you use the Food Sack App. We process your information in line with South African data protection laws and our own internal privacy protocols. To see exactly what we collect, how we use it, and how you can control it, refer to our Privacy Policy.

7. COMPLAINTS & DISPUTES

7.1 How to Submit a Complaint:

If you’re unhappy with your experience or a Sack you received, please submit your complaint through the Help section in the Food Sack App under your Account profile. Clearly describe the issue and include any information we may need to investigate.

7.2 Complaint Handling Process:

Once we receive your complaint, we’ll review it based on our internal process. If needed, we’ll also coordinate with the Store to resolve the matter. These terms do not limit your rights to pursue other legal remedies against a Store under South African law, but we encourage contacting us first so we can assist quickly and fairly.

8. YOUR RESPONSIBILITIES

When using the Food Sack App, there are a few key things we expect from you to ensure the platform works safely and fairly for everyone:

8.1 General Use

You are responsible for all activity that happens on your Food Sack account. Please notify us straight away if you notice any unusual or unauthorised access or if your eligibility to use the Food Sack App changes.

8.2 Keep It Legal

You agree to only use the Food Sack App in a lawful manner and in accordance with South African laws and regulations. Illegal activity of any kind is strictly prohibited.

8.3 Respect Others

We expect respectful and decent behaviour when interacting with:

  • Stores and their staff
  • Other Food Sack users
  • Members of the Food Sack team

If you display abusive, threatening, or inappropriate conduct — including criminal activity at or around a Store — we may suspend or permanently deactivate your account. Stores also reserve the right to take independent legal action where necessary.

8.4 Reviews

You may have the chance to rate or review Stores you’ve collected Sacks from. When doing so, ensure your feedback is honest and free of discriminatory, offensive, or defamatory content. Keep in mind that reviews are not moderated for accuracy by Food Sack and may reflect individual opinions rather than verified facts.

8.5 Code of Conduct

When using the Food Sack App, you agree that you will:

  • Only reserve Sacks you genuinely intend to collect
  • Not attempt to access the Food Sack App for commercial research or competitive advantage
  • Avoid using bots, automated systems, or data scraping tools on the platform
  • Not use the Food Sack App for any purpose other than those stated in these Terms
  • Never upload harmful software, impersonate others, or misuse anyone’s personal or financial data
  • Never translate, adapt, or create any derivative products based on the Food Sack App or its features
  • Never copy, lease, sell, or redistribute any part of the Food Sack platform or the rights granted to you by using it
  • Not create multiple accounts to bypass suspensions or other enforcement actions
  • Not take actions that place excessive demand on Food Sack’s technical infrastructure or cause disruption to our services or our partners
  • Not attempt to access the Food Sack App (or Hub) using methods meant to bypass security controls, such as hacking, spoofing, or exploiting vulnerabilities
  • Not use spam bots, scripts, auto-responders, or any form of automation to send unsolicited messages or interfere with the Food Sack App’s normal operations
  • Not scrape, crawl, or harvest data from any part of the Food Sack App — whether manually or using automated tools.
  • Not attempt to reverse engineer or tamper with code, algorithm or any part of the Food Sack App or Food Sack Website
  • Not attempt to recreate the app
  • Always comply with applicable local and national laws while using the platform
  • Never misuse your access to the App for competitive benchmarking, copying material, or interfering with system functionality
  • Not share or upload any content via the Food Sack App that you know to be incorrect, deceptive, or intentionally inaccurate
  • Not post or transmit any files, software, or code (including viruses or malware) that could harm our systems, interfere with our platform, or gain unauthorised access to any data or information, whether belonging to Food Sack, our users, or any third party
  • Not pretend to be someone you’re not, or submit any documents or personal data that belongs to someone else (especially any sensitive or financial information).

Failure to comply with these rules may result in limitations on your account, complete removal from the Food Sack App and/or Food Sack taking legal action in accordance with the law.

9. LIMITATION OF LIABILITY

You agree to take full responsibility for your actions on the Food Sack App or Food Sack Hub. This includes defending, indemnifying, and holding Food Sack and its affiliates (including their directors, employees, and service providers) harmless from any claims, losses, or legal costs that arise because of:

  • Your use of the Food Sack App
  • Any violation of these Terms or
  • Breaches of South African law or other applicable regulations

Food Sack is not responsible for losses or damages resulting from:

  • The content included in Sacks, including any expired, incorrect or unsuitable items, or anything done (or not done) by stores or third parties
  • Any illness, allergic reactions, foodborne illnesses, diseases, injuries or death that may result from consuming or handling items obtained through the Food Sack App
  • Any disruptions to the availability or functionality of the Food Sack Hub or Sacks
  • External websites linked through the Food Sack App
  • Situations beyond our reasonable control, such as power outages, strikes, or internet failures

To the extent permitted by South African law, we won’t be liable for indirect, incidental, or consequential losses. If we are found to be liable for any reason, our total responsibility won’t exceed the total value of Sacks you purchased through the Food Sack App in the 1 year (365 days) before the issue that led to your claim.

10. ERRORS

We shall take all reasonable efforts to accurately reflect or inform you of the food description, availability, purchase price and any service charges via the Food Sack App. However, should there be any errors of whatsoever nature on the Food Sack 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.

11. ACCOUNT SUSPENSION OR TERMINATION

Food Sack reserves the right to temporarily suspend or permanently delete your account or limit access to the Food Sack App — at any time, and without notice — if we believe it’s necessary to protect the platform, our partners, or our community. Reasons could include, but are not limited to:

  • Serious or repeated breaches of these Terms
  • Legal or regulatory requirements (such as a court order)
  • Abusive, harmful, or deceptive behaviour — like impersonation, harassment, phishing, or spamming
  • Attempts to bypass bans or create multiple accounts after suspension
  • Inactivity over an extended period of time
  • Being located in a region where Food Sack services are restricted
  • Frequent cancellations of Sacks

If you believe your account was suspended or deleted by mistake, you’re welcome to reach out to us directly — we’re happy to review your situation.

12. FOOD SACK’S PROPERTY

Everything on and behind the Food Sack App — including but not limited to text, graphics, videos, software, icons, and trademarks—is legally protected and owned by or licensed to Food Sack and its associated entities.. Unless we say otherwise in writing, you don’t gain any ownership or usage rights beyond what’s necessary to use the Food Sack App as intended. You may not copy, reuse, modify, share, or make spinoffs of anything on the Food Sack App without our express written permission. This includes saving or storing any parts of the Food Sack App on another site or platform, whether public or private. If you send us any feedback, ideas, or improvement suggestions related to Sacks, advertising, store listings, or how the Food Sack App or Food Sack Hub works — we may use them freely. All such input becomes our exclusive property, and by sharing it with us, you agree that we can use it indefinitely in any way we see fit — without needing to compensate you or ask for further permission.

13. UPDATES TO THESE TERMS

Food Sack may revise these Terms at any time, at its sole discretion. It’s your responsibility to stay updated by reviewing the latest version regularly. If you’re not satisfied with any updates, please discontinue all use of the Food Sack App, including placing orders. Changes only become effective after being published here. By continuing to use the Food Sack App, you agree to the revised Terms.

14. ELECTRONIC COMMUNICATIONS

By using the Food Sack App or communicating with us electronically (e.g., via email), you consent to receive digital messages from Food Sack, including updates from our affiliates and partners, in accordance with our Privacy Policy.

15. USE AT YOUR OWN RISK

  • The Food Sack App is used entirely at your own risk. We are not liable for any loss or damages—direct or indirect—that may arise from your use of the app or reliance on its content
  • While Food Sack makes every effort to ensure information on the Food Sack App is accurate and current, we offer no guarantees (express or implied) about its completeness or reliability
  • We do not guarantee that files or data downloaded from the Food Sack App are free of viruses, malware, or other harmful elements. It is your responsibility to ensure your devices are adequately protected, except where damage results from Food Sack’s gross negligence or willful misconduct

16. LINKS TO EXTERNAL SITES

The Food Sack Hub may include links to third-party websites. These are not governed by our Terms, and we take no responsibility for the privacy practices or content of those sites. Accessing third-party websites is entirely at your own risk. We’re not liable for any losses incurred as a result.

17. APP AVAILABILITY AND SUSPENSION

We strive to keep the Food Sack App available, but we may suspend, modify, or discontinue the App (or parts of it) without prior notice.

Your account may be suspended or terminated if you breach these Terms, especially around order payments or abuse of the platform.

Food Sack reserves the right to:

  • Refuse order processing
  • Cancel transactions
  • Restrict app access if fraudulent or abusive behaviour is suspected
  • Block accounts abusing promotions or creating multiple profiles

We are not liable for any loss resulting from such suspensions or cancellations.

 

18. FORCE MAJEURE

Neither Food Sack nor its affiliates, vendors, or any user will be held liable for failure to perform duties (excluding payment obligations) due to events beyond reasonable control—such as natural disasters, civil unrest, or unforeseen emergencies.

 

19. GOVERNING LAW AND JURISDICTION

These Terms are governed by the laws of the Republic of South Africa. By continuing to use the Food Sack App, you consent to the legal jurisdiction of South African courts. In the case of disputes, both parties agree to the non-exclusive jurisdiction of the High Court of South Africa (Western Cape Division, Cape Town), even if the matter may otherwise fall under a different court.