Terms & Conditions

Everything you need to know about using Mouthful Foods

Placing an Order

Customers

1.1 Order Submission

Customers may place an order through the Mouthful Foods Platform by selecting the desired products, reviewing the order details, and completing the applicable checkout process.

By submitting an order, the Customer confirms that:

  • All information provided, including delivery or collection details, is accurate and complete
  • They have carefully reviewed the products, quantities, pricing, and any applicable charges before submitting the order
  • They are authorised to use the selected payment method

1.2 Order Confirmation

Upon successful submission of an order, Mouthful Foods will issue an acknowledgement confirming that the order has been received by the Platform. Such acknowledgement is for informational purposes only and does not constitute acceptance of the order.

1.3 Order Acceptance

An order is only deemed accepted once it has been confirmed by the Vendor through the Platform. Until an order has been accepted, it may be declined, cancelled, or rejected for reasons including:

  • Product or menu item unavailability
  • The Vendor being unable to fulfil the order
  • Pricing or technical errors
  • Payment authorisation failure
  • Suspected fraudulent or unlawful activity
  • Any other legitimate operational reason

Neither Mouthful Foods nor the Vendor shall be under any obligation to fulfil an order that has not been accepted.

1.4 Customer Responsibility

The Customer is solely responsible for ensuring that all order details are correct before submitting an order. Mouthful Foods shall not be responsible for any delays, additional costs, failed deliveries, or other consequences arising from inaccurate or incomplete information provided by the Customer.

1.5 Right to Refuse Orders

Mouthful Foods reserves the right to refuse, suspend, or cancel any order where it reasonably believes that the order breaches these Terms, involves fraudulent or suspicious activity, cannot be fulfilled, or may expose Mouthful Foods, the Vendor, or any third party to legal, financial, operational, or security risks.

2.1 Product Prices

The prices displayed on the Platform are determined by the respective Vendor unless otherwise stated. Prices may differ from those offered by the Vendor at its physical premises or through other sales channels.

2.2 Applicable Charges

The total amount payable for an order will include, where applicable:

  • The price of the selected products
  • Delivery fees
  • Applicable taxes or statutory charges
  • Any other fees or charges disclosed before checkout

The Customer is responsible for reviewing the total order amount before confirming and submitting an order.

2.3 Price Changes

Vendors will update the prices of their products at any time. Any changes will apply only to orders placed after the updated prices are published on the Platform.

2.4 Pricing Errors

While Mouthful Foods and its Vendors make reasonable efforts to ensure that prices are accurate, pricing errors may occasionally occur. Mouthful Foods reserves the right to correct the error and cancel or decline the affected order. Where payment has been processed for a cancelled order, the Customer will be refunded in accordance with the applicable Refund Policy.

2.6 Currency

Unless otherwise stated, all prices are quoted in ZAR and are payable using the payment methods accepted by Mouthful Foods at the time of purchase.

3.1 Application of Service Fees

Mouthful Foods may charge a service fee for the use of the Platform. Service fees are separate from product prices and delivery fees.

3.2 Fee Disclosure

Any applicable service fee will be clearly displayed to the Customer before an order is confirmed.

3.3 Changes to Service Fees

Mouthful Foods reserves the right to introduce, modify, remove, or adjust service fees at any time. Changes will apply only to future orders.

3.4 Non-Refundable Fees

Unless otherwise required by applicable law, service fees are non-refundable once the order has been processed.

3.5 Taxes

Where applicable, service fees will include or be subject to taxes or other statutory charges as required by law.

4.1 Availability of Collection

Where offered by a Vendor, Customers may choose to collect their order directly from the Vendor's premises instead of requesting delivery.

4.2 Collection Details

Customers are responsible for collecting their order from the selected Vendor at the designated collection location and within the collection time communicated through the Platform.

4.3 Customer Verification

The Customer will be required to present the order confirmation, collection code, identification, or any other reasonable proof of purchase before the order is released.

4.4 Failure to Collect

If a Customer fails to collect an order within 10–15 minutes after being notified that it is ready, the Vendor may dispose of the order. The Customer may not be entitled to a refund.

4.5 Responsibility Upon Collection

Responsibility passes to the Customer once collected. Customers are encouraged to verify that their order is complete before leaving.

4.6 Vendor Delays

Collection times are estimates only. Mouthful Foods does not guarantee that an order will be ready at the estimated time.

4.7 Customer Conduct

Customers must conduct themselves respectfully when collecting orders. Mouthful Foods reserves the right to suspend or terminate access where a Customer engages in abusive or inappropriate behaviour.

5.1 Refund Requests

Customers may request a refund through the Mouthful Foods Platform or any approved customer support channel.

5.2 Refund Eligibility

Refunds will be considered where:

  • An order was paid for but not delivered or made available for collection
  • An incorrect order was supplied by the Vendor
  • Items are missing
  • Products arrive damaged, contaminated, or materially different from those ordered
  • Duplicate or incorrect payment processing occurred

5.3 Non-Refundable Circumstances

Refunds will be refused where:

  • The Customer provided incorrect delivery or collection information
  • The Customer failed to collect within the required time
  • The Customer changed their mind after preparation began
  • The complaint cannot be reasonably verified
  • The issue resulted from the Customer's actions

5.4 Assessment

Each refund request will be assessed individually. Mouthful Foods may request photographs or other evidence.

5.5 Refund Method

Refunds will generally be processed using the original payment method. Processing times vary by provider.

5.6 Final Decision

Mouthful Foods reserves the right to approve, decline, or partially approve any refund request. Nothing limits Consumer rights under applicable law.

6.1 Accepted Payment Methods

Mouthful Foods accepts the payment methods made available on the Platform from time to time.

6.2 Payment Authorisation

By placing an order, the Customer authorises Mouthful Foods to process the payment for the total amount payable.

6.3 Payment Processing

All payments are subject to verification and authorisation. An order may be delayed, declined, or cancelled if payment cannot be authorised.

6.4 Payment Security

Mouthful Foods uses secure payment technologies and partners with trusted third-party payment providers. Mouthful Foods does not store full payment card details.

6.5 Failed or Declined Payments

If a payment is declined or unsuccessful, Mouthful Foods may refuse to process the order until full payment is received.

6.6 Customer Responsibility

The Customer is responsible for ensuring valid payment methods with sufficient funds. Bank charges remain the Customer's responsibility.

7.1 Customer Cancellation Requests

Customers may request to cancel an order before the Vendor has accepted or commenced preparing it.

7.2 Orders Already in Preparation

Once a Vendor has commenced preparing an order, the Customer may no longer be entitled to cancel or receive a refund.

7.3 Orders in Transit or Ready for Collection

Orders out for delivery or ready for collection may not be cancelled, except where required by law.

7.4 Cancellation by Mouthful Foods or the Vendor

An order may be cancelled where:

  • Products are unavailable
  • Payment cannot be authorised
  • Incorrect information was provided
  • Fraud is reasonably suspected
  • The order cannot be fulfilled due to unforeseen circumstances

7.5 Refunds Following Cancellation

Where entitled, refunds will be processed in accordance with the Mouthful Foods Refund Policy.

7.6 Effect of Cancellation

Cancellation does not affect any rights or liabilities that arose before the cancellation took effect.

1.1 Creating an Account

To access certain features of the Platform, Customers may be required to create an account by providing complete, accurate, and up-to-date information.

1.2 Account Verification

Mouthful Foods reserves the right to verify a Customer's identity or contact details. Failure to complete verification may result in restricted access or suspension.

1.3 Password Security

Customers are responsible for maintaining the confidentiality of their account credentials and must notify Mouthful Foods immediately of any unauthorised access.

1.4 Personal Information

Customers are responsible for ensuring that all personal information remains accurate and up to date. The collection and protection of personal information are governed by the Privacy Policy.

1.5 Closing an Account

Customers may request account closure at any time, subject to the completion of any outstanding orders or payments. Closure does not affect any prior rights or liabilities.

1.6 Account Suspension

Mouthful Foods may suspend, restrict, or terminate an account where the Customer:

  • Breaches these Terms and Conditions
  • Provides false, misleading, or fraudulent information
  • Engages in unlawful, abusive, or fraudulent conduct
  • Misuses the Platform or its Services
  • Engages in activity that may compromise the security or reputation of the Platform

2.1 Promotional Offers

Mouthful Foods may offer promotions, discounts, vouchers, coupon codes, loyalty rewards, or referral incentives. Participation is voluntary and subject to promotion-specific terms.

2.2 Eligibility

Certain promotions may be limited to eligible Customers, specific Vendors, locations, products, or periods. Customers must meet all eligibility requirements to participate.

2.3 Redemption

Promotions must be redeemed in accordance with the applicable terms. Unless stated otherwise, promotions:

  • Are non-transferable
  • Are not redeemable for cash
  • May not be exchanged or resold
  • May not be combined with other promotions or offers

2.4 Expiry and Availability

Promotions are available only for the stated period and may be subject to availability. Unused promotions will expire on the stated date.

2.5 Misuse of Promotions

Customers must not misuse, manipulate, duplicate, sell, transfer, or fraudulently obtain any promotion. Mouthful Foods may cancel promotions, refuse redemption, recover benefits, or suspend accounts where abuse is suspected.

2.6 Changes to Promotions

Mouthful Foods reserves the right to introduce, modify, suspend, withdraw, or terminate any promotion at any time, subject to applicable law.

2.7 Errors

If a promotion is made available due to a technical error, Mouthful Foods may correct the error, cancel the promotion, or reverse any benefit granted in error.

1.1 Account Registration

To offer products through the Platform, the Vendor must register for a Vendor account and provide complete, accurate, and up-to-date information.

1.2 Compliance Documents

The Vendor shall provide all licences, permits, registrations, certifications, tax information, banking details, food safety documentation, and any other documents reasonably required by Mouthful Foods.

1.3 Account Security

The Vendor is responsible for maintaining the confidentiality and security of its account credentials and for all activities conducted through its account.

1.4 Account Suspension

Mouthful Foods may suspend, restrict, or disable a Vendor's account where the Vendor:

  • Breaches these Terms or the Vendor contract
  • Fails to maintain valid compliance documents
  • Provides false, misleading, or inaccurate information
  • Receives repeated substantiated customer complaints
  • Fails to meet operational or performance standards
  • Engages in fraudulent or unlawful conduct

1.5 Account Termination

Mouthful Foods may terminate the Vendor's account where the Vendor commits a material breach, repeatedly fails to comply, ceases operations, or loses required authorisation.

1.6 Effect of Suspension or Termination

Upon suspension or termination, Mouthful Foods may remove listings, cancel access to Services, withhold or adjust settlements, and take any other necessary action. Suspension or termination does not affect prior rights or liabilities.

1.1 Quality Expectations

Customers are entitled to receive food that has been prepared and supplied in accordance with applicable food safety and hygiene standards by the Vendor.

1.2 Freshness

Customers should inspect their order upon delivery or collection. If the food appears spoiled, damaged, contaminated, or unfit for consumption, the Customer should not consume it and should report the matter to Mouthful Foods as soon as possible.

1.3 Allergens and Dietary Information

Customers are responsible for reviewing all available product descriptions, allergen information, and dietary information before placing an order. Where a Customer has a food allergy or dietary requirement, they should contact the Vendor before ordering.

1.4 Food Safety Concerns

Any concerns relating to food safety, contamination, foreign objects, incorrect ingredients, allergens, spoiled food, or suspected foodborne illness should be reported to Mouthful Foods as soon as possible.

Mouthful Foods operates as an online marketplace and does not prepare, cook, package, or manufacture any food products. The preparation, quality, safety, and handling of all food items are the sole responsibility of the respective vendor.

Customers are encouraged to retain relevant evidence, including photographs, receipts, packaging, and medical reports, to assist with investigation of any reported incident.

1.5 Customer Responsibility

Once an order has been delivered or collected, the Customer is responsible for storing, handling, and consuming the food in accordance with any instructions provided by the Vendor. Mouthful Foods shall not be responsible for deterioration resulting from improper storage or delayed consumption.

2.1 Reporting a Complaint

Customers who experience an issue may submit a complaint through the Platform as soon as possible after receiving their order.

2.2 Incorrect Orders

If a Customer receives products that differ from those ordered, they should notify Mouthful Foods promptly with sufficient details.

2.3 Missing Items

Customers who believe items are missing should report the issue as soon as possible. Mouthful Foods may require supporting information.

2.4 Damaged Orders

If an order arrives damaged, leaking, tampered with, or unsuitable, the Customer should report immediately and provide photographs where possible.

2.5 Information Required

Customers may be required to provide the order number, description of the issue, photographs, and any other information reasonably requested.

2.6 Investigation

Each complaint will be assessed individually and Mouthful Foods may consult the relevant Vendor or delivery partner before making a decision.

2.7 Resolution

Where valid, Mouthful Foods may facilitate a replacement, full or partial refund, account credit, or other suitable remedy.

2.8 False or Fraudulent Complaints

Complaints must be truthful, accurate, and submitted in good faith. Mouthful Foods may reject false or misleading complaints and take action against misuse.

2.9 Customer Cooperation

Customers agree to cooperate with investigations and provide additional information as requested.

1.1 Compliance with Food Safety Laws

The Vendor shall comply with all applicable food safety, public health, hygiene, sanitation, and consumer protection laws, regulations, and industry standards.

1.2 Hygiene Requirements

The Vendor shall maintain clean, hygienic food preparation, storage, and serving areas. All employees handling food must observe appropriate personal hygiene practices.

1.3 Ingredient Quality

The Vendor shall use ingredients that are fresh, safe, fit for human consumption, and obtained from reputable sources. Expired or unsafe ingredients must not be used.

1.4 Portion Standards

Meals must be prepared in accordance with the portion sizes and descriptions advertised on the Platform.

1.5 Accurate Menu Descriptions

The Vendor is responsible for ensuring all menu descriptions, ingredient lists, allergen information, and dietary information are accurate and up to date. False or misleading information is prohibited.

1.6 Temperature Control

The Vendor shall ensure hot food is maintained at appropriate hot holding temperatures and cold food at appropriate cold holding temperatures until collection or delivery.

1.7 Packaging Requirements

All food must be packaged in clean, secure, leak-resistant, and food-grade packaging suitable for delivery or collection.

1.8 Food Safety Incidents

The Vendor shall immediately notify Mouthful Foods of any actual or suspected food safety incident, contamination, product recall, customer illness, or regulatory action. The Vendor shall cooperate fully with any investigation and take all necessary corrective actions.

The Vendor bears sole responsibility for the preparation, handling, and safety of all food supplied through the Platform and shall indemnify Mouthful Foods against any claims arising from food safety incidents.

1.9 Monitoring and Compliance

Mouthful Foods may monitor Vendor compliance and may require corrective action, temporarily suspend menu items or access, or terminate the Vendor Contract where non-compliance affects customer health or safety.

2.1 Professional Conduct

The Vendor shall provide courteous, professional, and respectful service to all Customers.

2.2 Timely Service

The Vendor shall prepare orders within estimated preparation times and promptly notify Mouthful Foods of any significant delays.

2.3 Order Accuracy

The Vendor shall take reasonable care to ensure every order is accurate, complete, and corresponds with the Customer's order.

2.4 Customer Communication

Communication with Customers shall be clear, honest, and professional through approved channels only.

2.5 Handling Customer Concerns

The Vendor shall cooperate with Mouthful Foods in resolving complaints, refund requests, and service-related issues.

2.6 Service Standards

Repeated complaints, excessive delays, or poor service may result in performance reviews, suspension, or termination.

2.7 Right of Oversight

Mouthful Foods reserves the right to monitor Vendor performance, customer feedback, and service quality.

3.1 Performance Expectations

The Vendor shall maintain a high standard of service and operate in a manner that supports a positive customer experience.

3.2 Operational Performance

The Vendor is expected to:

  • Accept and fulfil orders promptly
  • Prepare orders accurately and within reasonable times
  • Maintain accurate menu listings and availability
  • Comply with food safety and hygiene requirements
  • Provide professional and courteous customer service
  • Comply with these Terms and operational standards

3.3 Performance Monitoring

Mouthful Foods may monitor performance using factors including order acceptance rates, accuracy, preparation times, customer ratings, complaint history, and cancellation rates.

3.4 Corrective Action

Where performance is lacking, Mouthful Foods may require corrective measures, additional training, or operational improvements.

3.5 Enforcement

Repeated or serious performance concerns may result in warnings, reduced visibility, temporary suspension, or termination of access to the Platform.

3.6 Continuous Improvement

The Vendor agrees to cooperate with Mouthful Foods in maintaining and improving service quality.

4.1 Complaint Handling

The Vendor shall handle all customer complaints professionally and cooperate fully with Mouthful Foods in resolving any complaint.

4.2 Cooperation with Investigations

The Vendor shall promptly provide all information, records, photographs, or other evidence reasonably required to investigate a complaint.

4.3 Response Time

The Vendor shall respond to complaint-related enquiries within the timeframe specified by Mouthful Foods.

4.4 Resolution of Complaints

Where valid, the Vendor agrees to cooperate in implementing an appropriate resolution including replacement, refund, or credit.

4.5 Repeated Complaints

Repeated substantiated complaints may result in corrective action, reduced visibility, suspension, or termination.

4.6 Record Keeping

The Vendor shall maintain accurate records relating to orders and complaints and make them available upon request.

4.7 Final Determination

Mouthful Foods reserves the right to determine the appropriate resolution of any complaint in accordance with these Terms and applicable law.

1.1 Compliance with these Terms

Customers shall use the Platform in accordance with these Terms, all applicable laws, and any policies issued by Mouthful Foods.

1.2 Accurate Information

Customers are responsible for providing accurate, complete, and up-to-date information. Mouthful Foods shall not be responsible for issues arising from inaccurate information.

1.3 Lawful Use

Customers shall use the Platform only for lawful purposes and must not engage in fraudulent, misleading, or abusive conduct.

1.4 Order Responsibility

Customers are responsible for reviewing all order details before submitting. Once submitted, the order is subject to these Terms regarding cancellations and payments.

1.5 Respectful Conduct

Customers shall treat all parties with courtesy and respect. Abusive or threatening behaviour will not be tolerated.

1.6 Compliance with Platform Policies

Customers shall comply with all Platform policies and reasonable instructions issued by Mouthful Foods.

1.7 Responsibility for Account Activity

Customers are responsible for all activities carried out through their account.

1.8 Breach of Responsibilities

Failure to comply may result in warnings, cancellation of orders, restriction or suspension of Services, or termination of the account.

2.1 Ownership

All intellectual property rights in and to the Mouthful Foods Platform are owned by or licensed to Mouthful Foods and are protected by applicable intellectual property laws.

2.2 Limited Licence

Mouthful Foods grants a limited, non-exclusive, non-transferable, and revocable licence to access and use the Platform for personal, lawful, and non-commercial purposes.

2.3 Restrictions on Use

Customers shall not:

  • Copy, reproduce, modify, distribute, or create derivative works from any part of the Platform
  • Reverse engineer, decompile, or attempt to access source code
  • Remove or alter any copyright or trademark notices
  • Use Mouthful Foods branding without prior written consent
  • Use content for commercial purposes without permission

2.4 Customer Content

Where a Customer submits reviews, ratings, or other content, they grant Mouthful Foods a non-exclusive, worldwide, royalty-free licence to use such content for operating and promoting the Platform.

2.5 Reservation of Rights

All intellectual property rights are reserved by Mouthful Foods. Nothing transfers ownership to the Customer.

3.1 Platform Services

Mouthful Foods provides an online marketplace enabling Customers to order from independent Vendors. Unless stated otherwise, Mouthful Foods is not the manufacturer, preparer, or supplier of food offered by Vendors.

3.2 Vendor Responsibility

The Vendor is solely responsible for the preparation, quality, safety, packaging, labelling, and supply of its products.

3.3 Service Availability

While Mouthful Foods uses reasonable efforts to maintain Platform availability, it does not guarantee uninterrupted, error-free, or always-available service.

3.4 Limitation of Liability

To the fullest extent permitted by law, Mouthful Foods shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising from use of the Platform.

3.5 Third-Party Acts

Mouthful Foods shall not be responsible for the acts of Vendors, delivery partners, payment providers, or other independent third parties.

3.6 Customer Responsibility

Customers acknowledge that they use the Platform and purchase products at their own risk, subject to consumer protection laws.

3.7 No Exclusion of Mandatory Rights

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded under applicable law.

4.1 Lawful Use

Customers shall use the Platform only for lawful purposes and in accordance with these Terms.

4.2 Prohibited Conduct

Customers shall not:

  • Use the Platform for any unlawful, fraudulent, or deceptive purpose
  • Provide false or misleading information
  • Interfere with the operation or security of the Platform
  • Attempt unauthorised access to any account or system
  • Misuse promotional offers or referral programmes
  • Place false, duplicate, or malicious orders
  • Upload harmful software or malicious code
  • Impersonate another person or misrepresent identity
  • Engage in abusive, threatening, or offensive conduct

4.3 Compliance

Customers shall comply with all reasonable policies and instructions issued by Mouthful Foods.

4.4 Monitoring and Enforcement

Mouthful Foods may investigate suspected misuse and take any appropriate action to protect the Platform.

4.5 Legal Action

Where conduct violates these Terms or applicable law, Mouthful Foods reserves the right to report the matter and pursue legal remedies.

5.1 Collection and Use

Mouthful Foods collects and processes personal information for operating the Platform, processing orders, facilitating payments, providing support, improving Services, preventing fraud, and complying with legal requirements.

5.2 Privacy Policy

The collection and protection of personal information are governed by the Mouthful Foods Privacy Policy, which forms part of these Terms.

5.3 Sharing of Information

Mouthful Foods may share relevant Customer information with Vendors, delivery partners, payment providers, or other authorised parties where necessary to provide the Services or comply with legal obligations.

5.4 Customer Responsibilities

Customers are responsible for ensuring their personal information is accurate, complete, and kept up to date.

5.5 Data Security

Mouthful Foods implements reasonable measures to protect personal information. However, no system can be guaranteed to be completely secure.

5.6 Legal Compliance

Mouthful Foods processes personal information in accordance with applicable data protection and privacy laws.

6.1 Respect for Others

Customers shall treat Vendors, delivery personnel, Mouthful Foods employees, and other users with courtesy and respect at all times.

6.2 Prohibited Behaviour

Customers must not engage in behaviour that is abusive, threatening, intimidating, discriminatory, harassing, offensive, violent, or otherwise inappropriate.

6.3 Safe Interactions

Customers shall not endanger the safety or wellbeing of others and are expected to provide a safe environment for delivery or collection of orders.

6.4 Cooperation

Customers shall cooperate reasonably with Vendors, delivery personnel, and Mouthful Foods to facilitate order fulfilment.

6.5 Enforcement

Mouthful Foods may issue warnings, cancel orders, restrict access, suspend or terminate accounts where a Customer engages in conduct that violates these Terms.

7.1 Good Faith Resolution

Customers agree to first notify Mouthful Foods and make reasonable efforts to resolve disputes in good faith before commencing legal proceedings.

7.2 Investigation

Mouthful Foods may investigate by reviewing order details and consulting relevant parties.

7.3 Cooperation

The Customer agrees to cooperate by providing accurate information and supporting documents.

7.4 Resolution

Mouthful Foods may facilitate an appropriate resolution where reasonably possible.

7.5 Legal Proceedings

Nothing prevents either party from exercising any legal rights available under applicable law.

7.6 Governing Law and Jurisdiction

These Terms shall be governed by the laws of the Republic of South Africa. Disputes shall be subject to the jurisdiction of the competent courts of South Africa.

8.1 Applicable Law

These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.

8.2 Jurisdiction

Any dispute arising out of or in connection with these Terms shall be subject to the jurisdiction of the competent courts of the Republic of South Africa.

8.3 Compliance with Applicable Laws

Customers agree to comply with all applicable laws and regulations when using the Platform. Nothing in these Terms shall limit any rights that cannot lawfully be excluded.

1.1 Compliance with these Terms

The Vendor shall comply with these Terms, the Vendor Agreement, all applicable Platform policies, and all applicable laws governing its business.

1.2 Accurate Business Information

The Vendor is responsible for ensuring all business information, menu listings, pricing, operating hours, and compliance documents are accurate and up to date.

1.3 Order Fulfilment

The Vendor shall accept, prepare, and fulfil orders in a timely, accurate, and professional manner.

1.4 Food Quality and Safety

The Vendor is solely responsible for the quality, safety, preparation, packaging, labelling, storage, and lawful supply of all products.

1.5 Customer Service

The Vendor shall provide professional, respectful service and cooperate with Mouthful Foods in resolving complaints and disputes.

1.6 Compliance with Platform Standards

The Vendor shall comply with all operational, performance, branding, and service standards communicated by Mouthful Foods.

1.7 Protection of the Platform

The Vendor shall not engage in conduct that may damage the reputation, security, or operation of the Platform.

1.8 Cooperation

The Vendor shall cooperate with audits, investigations, compliance reviews, and operational improvements.

1.9 Responsibility for Personnel

The Vendor is responsible for the actions of its owners, directors, employees, contractors, and agents who access the Platform.

1.10 Breach

Failure to comply may result in warnings, corrective action, financial adjustments, reduced visibility, suspension, or termination.

2.1 Mouthful Foods IP

All intellectual property rights in the Mouthful Foods Platform are owned by or licensed to Mouthful Foods.

2.2 Vendor IP

The Vendor retains ownership of its business name, trademarks, logos, menu content, and other intellectual property.

2.3 Licence to Mouthful Foods

The Vendor grants Mouthful Foods a non-exclusive, worldwide, royalty-free licence to use the Vendor's content for operating and marketing the Platform.

2.4 Restrictions

The Vendor shall not copy, reproduce, modify, or misuse any Mouthful Foods intellectual property without written consent.

2.5 Vendor Warranties

The Vendor warrants that it owns or has all necessary rights to any content uploaded to the Platform and that such materials do not infringe third-party rights.

2.6 Infringement

Mouthful Foods may remove content that infringes rights or violates applicable law.

2.7 Reservation of Rights

All intellectual property rights remain the property of their respective owners. No ownership is transferred under these Terms.

3.1 Independent Vendor

The Vendor operates as an independent business and is solely responsible for its operations, employees, products, services, and compliance.

3.2 Platform Services

Mouthful Foods provides a marketplace connecting Customers with Vendors. Mouthful Foods does not manufacture, prepare, own, or sell the Vendor's products.

3.3 Limitation of Liability

To the fullest extent permitted by law, Mouthful Foods shall not be liable for any indirect, incidental, consequential, or punitive damages arising from the Vendor's use of the Platform.

3.4 Vendor Responsibility

The Vendor is solely responsible for any claims arising from its products, inaccurate information, non-compliance, or the acts of its personnel.

3.5 Service Availability

Mouthful Foods does not guarantee uninterrupted or error-free Platform availability.

3.6 No Exclusion of Mandatory Rights

Nothing in these Terms excludes any liability that cannot lawfully be excluded.

4.1 Compliance Requirements

The Vendor shall obtain, maintain, and comply with all licences, permits, registrations, and authorisations required by law.

4.2 Valid Documentation

All licences and permits must remain valid and in good standing throughout the Vendor's use of the Platform.

4.3 Proof of Compliance

Mouthful Foods may request copies of compliance documents at any time. The Vendor shall provide them within the specified timeframe.

4.4 Changes to Compliance Status

The Vendor shall promptly notify Mouthful Foods of any suspension, expiry, revocation, or other change affecting required documents.

4.5 Failure to Comply

Failure to maintain required licences may result in suspension, termination, removal of listings, or withholding of settlements.

4.6 Vendor Responsibility

The Vendor is solely responsible for compliance with all legal and regulatory requirements. Mouthful Foods' verification does not constitute legal approval.

5.1 Confidential Information

The Vendor may receive confidential or proprietary information belonging to Mouthful Foods, Customers, or other parties during use of the Platform.

5.2 Confidentiality Obligations

The Vendor shall keep all Confidential Information strictly confidential and shall not disclose, copy, or use it except as necessary to fulfil its obligations.

5.3 Customer Information

Customer information shall be used solely for preparing and fulfilling orders. The Vendor shall not use, retain, sell, or exploit Customer information for any other purpose.

5.4 Protection

The Vendor shall implement reasonable measures to protect confidential information against unauthorised access, loss, or misuse.

5.5 Permitted Disclosures

Disclosure is permitted only where required by law, regulation, or court order, with prompt notice to Mouthful Foods where legally permitted.

5.6 Survival

Confidentiality obligations continue after termination for so long as the information remains confidential.

6.1 Vendor Indemnity

The Vendor agrees to defend, indemnify, and hold harmless Mouthful Foods from and against any claims, damages, losses, liabilities, penalties, costs, and expenses arising out of:

  • Breach of these Terms or the Vendor Agreement
  • Negligence, misconduct, or unlawful acts
  • Preparation, quality, safety, or supply of products
  • Food safety incidents, contamination, or customer illness
  • Inaccurate menu descriptions, pricing, or allergen information
  • Infringement of intellectual property or third-party rights
  • Failure to obtain or maintain required licences
  • Acts or omissions of the Vendor's personnel

6.2 Cooperation

The Vendor shall promptly notify Mouthful Foods of any matter that may give rise to a claim and shall cooperate fully in any investigation, defence, or settlement.

6.3 Survival

These obligations survive the suspension, termination, or expiry of the Vendor's account.

7.1 General Compliance

The Vendor shall comply with all applicable laws, regulations, licences, and regulatory requirements relating to its business operations.

7.2 Regulatory Obligations

The Vendor is solely responsible for compliance with:

  • Food safety, hygiene, and public health
  • Consumer protection
  • Employment and labour laws
  • Tax and financial reporting
  • Privacy and data protection
  • Business licensing and regulatory approvals

7.3 Ongoing Compliance

The Vendor shall maintain compliance throughout its use of the Platform and promptly address any breach or enforcement action.

7.4 Notification

The Vendor shall immediately notify Mouthful Foods of any actual or suspected breach, licence suspension, or regulatory investigation.

7.5 Right to Verify

Mouthful Foods may request information or documentation to verify compliance. The Vendor shall cooperate fully.

7.6 Failure to Comply

Non-compliance may result in warnings, corrective action, suspension, termination, removal of listings, or withholding of settlements.

1.1 Marketplace Platform

Mouthful Foods operates an online marketplace that enables Customers to discover, order, purchase, and arrange the delivery or collection of food and beverages from independent Vendors.

1.2 Independent Vendors

All products are offered by independent Vendors solely responsible for their products, pricing, quality, packaging, food safety, and customer service.

1.4 Marketplace Operations

Mouthful Foods may establish and update operational standards, policies, and technical requirements for the effective operation of the Platform.

1.5 Marketplace Discretion

Mouthful Foods reserves the right to approve, refuse, suspend, remove, or restrict Vendors, products, or other activities on the Platform.

1.6 No Partnership or Agency

Nothing in these Terms creates a partnership, joint venture, employment relationship, or agency between Mouthful Foods and any Customer or Vendor.

2.1 Platform Provider

Mouthful Foods owns, operates, and manages the Platform providing marketplace infrastructure for Customers and Vendors.

2.2 Marketplace Facilitation

Mouthful Foods facilitates interactions by providing account management, order processing, payment facilitation, customer support, and promotional tools.

2.3 Independent Vendors

Mouthful Foods does not prepare, manufacture, package, store, or sell products listed on the Platform.

2.4 Platform Management

Mouthful Foods may establish and enforce operational policies, service standards, and marketplace rules.

2.5 Right to Manage

Mouthful Foods reserves the right to modify, suspend, or discontinue any feature or aspect of the Platform at any time.

2.6 No Guarantee

While reasonable efforts are made, Mouthful Foods does not guarantee uninterrupted or error-free operation.

3.1 Platform Availability

Mouthful Foods will use reasonable efforts to make the Platform available. Services may be temporarily unavailable due to maintenance, upgrades, technical failures, or circumstances beyond control.

3.2 Maintenance and Updates

Mouthful Foods reserves the right to perform maintenance, install updates, or make technical improvements at any time.

3.3 Platform Security

Reasonable administrative, technical, and organisational measures are implemented to protect the Platform. However, no system can be guaranteed completely secure.

3.4 User Responsibilities

Users are responsible for maintaining account security, protecting credentials, using the Platform lawfully, and reporting any suspected unauthorised access.

3.5 Security Measures

Mouthful Foods may investigate suspected security incidents, restrict access, require verification, suspend transactions, or implement other security measures.

3.6 Limitation

Mouthful Foods does not guarantee Platform availability at all times. Temporary interruptions do not constitute a breach of these Terms.

4.1 Compliance

All users shall comply with these Terms, all Platform policies, and any reasonable operational requirements.

4.2 Lawful Use

The Platform may only be used for lawful purposes. Users shall not engage in fraudulent, deceptive, or harmful activity.

4.3 Accurate Information

Users are responsible for ensuring all information provided is accurate, complete, and not misleading.

4.4 Fair Use

Users shall use the Platform fairly. Misuse including abuse of promotions, fraudulent transactions, manipulation of reviews, or circumvention of processes is strictly prohibited.

4.5 Respectful Conduct

All users shall interact respectfully and professionally. Harassment, discrimination, threats, or inappropriate conduct will not be tolerated.

4.6 Prohibited Activities

Users must not:

  • Interfere with Platform operation or security
  • Attempt unauthorised access to accounts or systems
  • Upload malicious software or viruses
  • Infringe intellectual property or legal rights
  • Misuse customer, Vendor, or Platform information
  • Engage in conduct damaging to Mouthful Foods

4.7 Enforcement

Mouthful Foods may investigate breaches and take any appropriate action including warnings, content removal, account suspension, or termination.

4.8 Amendments

Mouthful Foods may update Marketplace Rules from time to time. Continued use constitutes acceptance.

5.1 Use of Third-Party Services

Mouthful Foods may engage independent third-party service providers including payment processing, delivery, mapping, communications, identity verification, cloud hosting, and analytics.

5.2 Independent Providers

Third-party providers operate independently and may have their own terms and privacy policies.

5.3 Availability

Certain Platform features may depend on third-party services. Mouthful Foods does not guarantee their continuous availability or performance.

5.4 Limitation

Mouthful Foods shall not be responsible for any delay, failure, or loss arising solely from third-party service providers.

5.5 Changes

Mouthful Foods reserves the right to add, replace, remove, or discontinue any third-party service where necessary.

5.6 Data Sharing

Relevant information may be shared with authorised third-party providers in accordance with the Privacy Policy and applicable law.

6.1 Right to Modify

Mouthful Foods reserves the right to introduce, modify, enhance, replace, suspend, or discontinue any aspect of the Platform.

6.2 System Updates

Software updates, maintenance, security enhancements, and bug fixes may be implemented with or without prior notice.

6.3 Temporary Interruptions

Changes may result in temporary interruptions or reduced functionality. Mouthful Foods will use reasonable efforts to minimise disruption.

6.4 User Responsibility

Users are responsible for using compatible devices and updated software to access the Services.

6.5 No Right to Unchanged Services

Users acknowledge the Platform will evolve. Mouthful Foods is under no obligation to maintain any particular feature in its existing form.

6.6 Notification of Material Changes

Where changes materially affect the Services, Mouthful Foods may provide notice through the Platform, email, or other appropriate channels.

7.1 Right to Suspend or Remove

Mouthful Foods reserves the right to suspend, restrict, remove, or refuse to publish any Vendor listing, product, or content.

7.2 Grounds for Removal

Listings may be suspended or removed where:

  • Information is false, inaccurate, misleading, or incomplete
  • The product violates applicable laws
  • The listing breaches these Terms or Platform policies
  • Food safety, hygiene, or operational standards are not met
  • Intellectual property or legal rights are infringed
  • Repeated complaints indicate risk to Customers
  • The listing is harmful to Platform reputation or integrity

7.3 Temporary Suspension

Listings may be suspended during investigations of complaints, disputes, food safety concerns, or suspected fraud.

7.4 Corrective Action

Where appropriate, Mouthful Foods may allow the Vendor to correct a listing before permanent removal.

7.5 Effect of Removal

Suspension or removal does not relieve the Vendor of prior obligations including accepted orders, complaints, refunds, or legal compliance.

7.6 No Obligation to Publish

Mouthful Foods retains sole discretion over the availability and presentation of listings.

8.1 Customer Feedback

Customers may submit ratings, reviews, comments, or other feedback. All feedback should be honest, accurate, and based on genuine experience.

8.2 Review Standards

Users must not submit feedback that is false, misleading, defamatory, abusive, discriminatory, offensive, unlawful, or fraudulent.

8.3 Use of Feedback

By submitting feedback, the user grants Mouthful Foods a licence to use such feedback for operating and promoting the Platform.

8.4 Moderation

Mouthful Foods may monitor, moderate, edit, decline to publish, or remove any feedback that violates these Terms or community standards.

8.5 No Obligation to Remove

Mouthful Foods is not obliged to remove a review solely because a party disagrees with its content.

8.6 No Endorsement

Reviews reflect the opinions of users and do not represent the views of Mouthful Foods.

8.7 Investigations

Suspected fraudulent or manipulated reviews may be investigated and removed.

9.1 Electronic Communications

By using the Platform, users consent to receive communications electronically, including through the Platform, email, SMS, push notifications, or WhatsApp.

9.2 Types of Notifications

Communications may relate to: account management, orders and payments, platform updates, Terms changes, security alerts, customer support, and promotional offers.

9.3 User Responsibility

Users are responsible for keeping contact details accurate. Mouthful Foods is not responsible for failures due to incorrect contact information.

9.4 Delivery of Notices

Notices sent to account contact details shall be deemed received within a reasonable period after transmission.

9.5 Communications to Mouthful Foods

Users may contact Mouthful Foods through official customer support channels made available on the Platform.

9.6 Marketing Communications

Marketing communications will only be sent with consent or as permitted by law. Users may opt out at any time without affecting service-related communications.

10.1 Assignment by Mouthful Foods

Mouthful Foods may assign, transfer, or dispose of any rights or obligations under these Terms to any affiliated entity or successor without prior user consent.

10.2 Assignment by Users

Users may not assign, transfer, or dispose of any rights or obligations without Mouthful Foods' prior written consent.

10.3 Unauthorised Transfers

Any attempted assignment in breach of this section shall be null and void.

10.4 Binding Effect

These Terms shall be binding upon the Parties and their respective permitted successors and assigns.

11.1 Entire Agreement

These Terms, together with the Privacy Policy, Vendor Agreement, and any incorporated policies, constitute the entire agreement between Mouthful Foods and the user.

11.2 Superseding Previous Agreements

These Terms supersede all prior or contemporaneous agreements, representations, and arrangements relating to the subject matter.

11.3 No Reliance

The Parties acknowledge that they have not relied upon any representation not expressly set out in these Terms.

11.4 Amendments

No amendment shall be effective unless made in accordance with provisions contained in these Terms or communicated by Mouthful Foods in accordance with applicable law.

12.1 Validity of Remaining Provisions

If any provision is found invalid, unlawful, or unenforceable, it shall be severed without affecting the remaining provisions.

12.2 Modification of Invalid Provisions

Where permitted, any invalid provision shall be interpreted or modified to the minimum extent necessary to make it valid while preserving original intent.

12.3 Continued Effect

The remaining provisions shall remain in full force and effect.

Electronic Communications and Marketing Consent

By creating an account or using the Platform, you consent to receiving electronic communications from Mouthful Foods, including notices, disclosures, agreements, updates, order confirmations, receipts, security alerts, and service announcements.

Where required by law, Mouthful Foods will obtain your consent before sending direct marketing communications. You may withdraw consent or opt out at any time by using the unsubscribe option, updating preferences, or contacting Mouthful Foods directly.

Your decision to opt out of marketing will not affect essential service-related communications necessary for your account or the Services.

Nothing in this section limits any rights under applicable electronic communications, consumer protection, privacy, or data protection legislation.

1.1 Receipt of Orders

Vendors shall receive customer orders through the Platform using the approved ordering system.

1.2 Order Review

Upon receiving an order, the Vendor must promptly review all details including products, special instructions, availability, and estimated preparation time.

1.3 Order Acceptance

The Vendor shall accept or decline within the specified timeframe. Failure to respond may result in automatic cancellation.

1.4 Accepted Orders

Once accepted, the Vendor agrees to prepare and fulfil the order in accordance with all requirements.

1.5 Order Preparation

The Vendor shall prepare all orders:

  • Accurately and in accordance with the Customer's order
  • Using fresh, safe, and legally compliant ingredients
  • In accordance with food safety and health regulations
  • Within the estimated preparation time
  • Using appropriate packaging to preserve quality and safety

1.6 Unavailable Items

The Vendor must immediately notify Mouthful Foods of any unavailable items and must not substitute or alter without approval.

1.7 Operational Standards

Repeated delays, rejections, inaccurate orders, or non-compliance may result in performance reviews, suspension, or termination.

1.8 Right of Oversight

Mouthful Foods reserves the right to monitor Vendor performance and take reasonable measures to protect Customers and Platform standards.

2.1 Product Pricing

The Vendor is solely responsible for determining and maintaining all prices listed on the Platform.

2.2 Pricing Accuracy

The Vendor shall ensure all prices, descriptions, portion sizes, and related information are accurate and up to date.

2.3 Price Changes

Price changes apply only to future orders and shall not affect already-accepted orders.

2.4 Compliance

The Vendor is responsible for ensuring all pricing complies with applicable laws including tax and consumer protection requirements.

2.5 Pricing Errors

The Vendor shall immediately notify Mouthful Foods of any pricing errors. Mouthful Foods may remove, correct, suspend, or cancel affected listings.

2.6 Pricing Disputes

The Vendor is responsible for pricing inaccuracies and shall cooperate in resolving any Customer disputes.

2.7 Platform Fees

Commission, service fees, and other charges payable to Mouthful Foods are separate from the Vendor's product prices.

3.1 Commission Fees

Mouthful Foods may charge a commission on completed orders in consideration for Platform access and marketplace services.

3.2 Additional Fees

Mouthful Foods does not charge additional fees including promoting fees, subscription fees, or advertising fees unless communicated to the Vendor.

3.3 Fee Disclosure

Commission rates and fees will be communicated through the Vendor contract, onboarding, or other written communication.

3.4 Deductions

The Vendor authorises Mouthful Foods to deduct all applicable amounts from payments otherwise payable to the Vendor.

3.5 Changes to Fees

Mouthful Foods may adjust fees upon reasonable notice. Continued use constitutes acceptance of revised fees.

3.6 Vendor Taxes

The Vendor is solely responsible for all taxes and statutory obligations arising from its business.

3.7 Right to Withhold

Mouthful Foods may withhold or delay settlements where necessary to investigate suspected fraud, complaints, or breaches.

4.1 Limited Right to Cancel

A Vendor may cancel an order only where there is a valid operational, legal, or safety-related reason.

4.2 Permitted Grounds

Cancellation is permitted where:

  • The product is unavailable
  • Required ingredients are no longer available
  • The Vendor cannot operate due to unforeseen circumstances
  • Order information prevents fulfilment
  • Fraud or unlawful activity is suspected
  • Fulfilment would pose a health or safety risk

4.3 Notification

The Vendor must promptly notify Mouthful Foods through the Platform, stating the reason for cancellation.

4.4 Repeated Cancellations

Excessive cancellations may result in performance reviews, reduced visibility, suspension, or termination.

4.5 Cancellation by Mouthful Foods

Mouthful Foods reserves the right to cancel orders involving fraud, unfulfillable requests, safety risks, or to protect any party's interests.

4.6 Effect

Cancellation does not release the Vendor from prior obligations including refunds, complaints, or compliance.

6.1 Payout Eligibility

The Vendor is entitled to payment for completed orders, less all applicable deductions.

6.2 Payout Schedule

Payouts will be processed per the schedule determined and communicated by Mouthful Foods.

6.3 Payment Method

Payouts will be made to the Vendor's designated bank account. The Vendor must keep payment details accurate.

6.4 Deductions

Mouthful Foods may deduct commissions, fees, refunds, chargebacks, penalties, and other amounts lawfully due.

6.5 Withholding

Payouts may be withheld where necessary to investigate complaints, fraud, chargebacks, or breaches.

6.6 Disputes

Payout errors must be reported within the specified period with sufficient information for investigation.

6.7 Taxes

The Vendor is solely responsible for declaring and paying all applicable taxes on amounts received.

7.1 Settlement of Funds

Amounts payable to the Vendor will be calculated after deducting all applicable commissions, fees, refunds, chargebacks, and other amounts due.

7.2 Settlement Statements

Mouthful Foods may provide settlement statements detailing completed orders, deductions, and net amounts payable.

7.3 Adjustments

Adjustments may be made to correct errors, process refunds, resolve disputes, recover chargebacks, or comply with legal requirements.

7.4 Disputes

Settlement errors must be raised within the specified period. Failure to do so may result in the settlement being deemed accepted.

7.5 Right of Set-Off

Mouthful Foods may offset amounts owed by the Vendor against current or future settlements.

7.6 Final Records

Settlement records maintained by Mouthful Foods shall, in the absence of manifest error, serve as evidence of amounts payable.

8.1 Accurate Menu Listings

The Vendor is responsible for ensuring all menu items, descriptions, prices, ingredients, portion sizes, images, and availability are accurate and up to date.

8.2 Product Availability

Products listed as available must be reasonably available during operating hours. Unavailable items should be removed promptly.

8.3 Out-of-Stock Items

The Vendor must immediately notify Mouthful Foods of unavailable items and must not substitute without Customer consent.

8.4 Temporary Changes

The Vendor may temporarily add, remove, or suspend menu items provided changes are promptly reflected on the Platform.

8.5 Platform Oversight

Mouthful Foods may request corrections, remove inaccurate listings, or temporarily suspend products where information is inaccurate or misleading.

8.6 Repeated Non-Compliance

Repeated failures to maintain accurate menu availability may result in performance reviews, reduced visibility, suspension, or termination.

1.1 Application to Register

An individual wishing to provide delivery services as an Independent Driver on the Mouthful Foods Platform must complete the prescribed Driver Application Form and submit all information and supporting documentation required by Mouthful Foods.

Submission of an application does not guarantee approval, onboarding, or access to the Platform.

1.2 Eligibility Requirements

To qualify for registration as an Independent Driver, the applicant must, at all times:

  • Be legally competent to enter into a binding agreement
  • Possess a valid South African Identity Document or a valid passport together with any required work authorisation document
  • Hold a valid driver's licence appropriate for the class of vehicle used for deliveries
  • Have lawful access to a roadworthy vehicle suitable for food delivery
  • Comply with all applicable laws, regulations, by-laws, licensing requirements, and industry standards
  • Satisfy any additional eligibility requirements determined by Mouthful Foods from time to time

Failure to satisfy any eligibility requirement will result in the rejection of the application or suspension or termination of the Driver Account.

1. General Safety Obligations

1.1 Duty to Operate Safely

Drivers must perform all delivery services in a safe, responsible, and lawful manner, exercising reasonable care, skill, and diligence to protect themselves, Customers, Vendors, members of the public, and property.

1.2 Compliance with Laws

Drivers must comply at all times with all applicable laws, regulations, by-laws, road traffic legislation, health and safety requirements, and lawful directives issued by any competent authority.

Drivers acknowledge that compliance with applicable laws remains their sole responsibility.

1.3 No Assumption of Responsibility

Nothing contained in these Terms shall be interpreted as transferring responsibility for a Driver's legal compliance or personal safety to Mouthful Foods.

2. Road Safety

2.1 Safe Driving

Drivers must operate their vehicles safely and responsibly at all times and must not engage in reckless, negligent, dangerous, or unlawful driving.

1. Delivery Services

1.1 Provision of Delivery Services

Drivers provide delivery services through the Mouthful Foods Platform in a professional, safe, lawful, and courteous manner and in accordance with these Terms and Conditions, applicable Platform Policies, and all applicable laws.

Drivers must exercise reasonable care, skill, and diligence when collecting, transporting, handling, and delivering Orders.

1.2 Nature of the Platform

Mouthful Foods operates a technology marketplace that facilitates the placement and delivery of Orders between Customers, Vendors, and Drivers.

Nothing contained in these Terms guarantees that a Driver will receive any minimum number of delivery requests, minimum earnings, or continuous access to delivery opportunities.

2. Acceptance of Delivery Requests

2.1 Delivery Requests

Delivery requests will be made available to Drivers through the Platform.

The availability of delivery requests shall be determined by various operational factors, including but not limited to Driver availability, location, customer demand, Vendor readiness, and Platform requirements.

1. General Responsibilities

1.1 Duty of Care

Every Driver must perform delivery services honestly, professionally, safely, and with reasonable care, skill, and diligence at all times.

1.2 Compliance

Drivers must comply with:

  • These Driver Terms and Conditions
  • The Driver Partnership Contract
  • All applicable Mouthful Foods policies, procedures, standards, and guidelines
  • All lawful instructions issued by Mouthful Foods through the Platform or its authorised representatives
  • All applicable South African laws, regulations, by-laws, and road traffic legislation

1.3 Responsibility for Conduct

Drivers are solely responsible for their own acts, omissions, negligence, misconduct, and decisions while using the Platform or performing delivery services.

Nothing in these Terms limits the Driver's legal responsibility for their conduct.

1. General Payment Provisions

1.1 Payment Administration

Payments relating to delivery services will be administered by Mouthful Foods in accordance with these Terms and Conditions, the applicable Driver Partnership Agreement, the Vendor Agreement, and any applicable Payment Policies published by Mouthful Foods.

1.2 No Guaranteed Earnings

Nothing contained in these Terms must be interpreted as guaranteeing any Driver:

  • A minimum income
  • A minimum number of delivery requests
  • A minimum number of working hours
  • Continuous access to delivery opportunities
  • Any future earnings

Driver earnings will vary based on customer demand, delivery availability, location, service quality, operational requirements, incentives, promotions, cancellations, and other relevant factors.

2. Payments to Independent Drivers

2.1 Delivery Fees

Approved Independent Drivers will be eligible to receive delivery fees for successfully completed deliveries, subject to these Terms, the Driver Partnership Agreement, and the applicable Payment Policy.

1. Driver Categories

1.1 Driver Classification

Mouthful Foods operates a marketplace platform that supports different categories of Delivery Drivers. For the purposes of these Terms and Conditions, Drivers are classified as either:

  • Independent Drivers, who provide delivery services directly through the Mouthful Foods Platform as independent contractors
  • Vendor-employed Drivers, who are employed or otherwise lawfully engaged by a Vendor to perform delivery services on the Vendor's behalf

Each Driver must remain subject to the provisions applicable to their respective category, together with all other applicable Terms, Policies, and Guidelines issued by Mouthful Foods.

19. Independent Drivers

19.1 Independent Contractor Relationship

An Independent Driver acknowledges and agrees that they provide delivery services as an independent contractor and not as an employee of Mouthful Foods or any Vendor.