1. Acceptance of Terms and Conditions
By creating an account, placing an order, applying as a vendor, accessing the website or mobile application, or using HotplateGo in any way (collectively, "using HotplateGo"), you agree to be bound by these Terms and Conditions, the Privacy Policy, and any additional guidelines or rules we publish. If you do not agree to these terms, you must not use HotplateGo. Your continued use of the platform constitutes acceptance of these terms and any updates we may make.
2. Definitions
- "Company," "we," "us," "our": HotplateGo and its parent, subsidiaries, affiliates, and associated entities.
- "Service" or "Platform": The HotplateGo website, mobile application, and all services provided through these channels.
- "Customer" or "User": Any individual who creates an account to browse vendors, place orders, or use customer features.
- "Vendor": Any food business that has applied to and been approved to operate on HotplateGo.
- "Account": The individual or business account created to access HotplateGo services.
- "Order": A request placed by a customer for food items from a vendor.
3. Eligibility and Account Registration
3.1 Age and Capacity
You must be at least 13 years of age to create an account on HotplateGo. If you are under the age of majority in your jurisdiction, you may only use HotplateGo with the consent and supervision of a parent or legal guardian. By creating an account, you represent that you are at least 13 years old and have the legal capacity to enter into binding agreements. If you are a parent or guardian permitting a minor to use HotplateGo, you agree to be responsible for the minor's use of the platform and compliance with these terms.
3.2 Account Registration Requirements
To create an account, you must provide accurate, current, and complete information as requested. You are responsible for maintaining the confidentiality of your password and account credentials and for all activity that occurs under your account. You must not:
- Share your login credentials with anyone
- Create accounts using false information
- Create multiple accounts to circumvent restrictions or controls
- Attempt to access other users' accounts or systems
- Use another person's identity or information without permission
You must notify HotplateGo immediately of any unauthorized use of your account or any other security breach. HotplateGo is not liable for any loss resulting from unauthorized use of your account.
3.3 Account Suspension and Termination
HotplateGo may suspend, limit, or permanently terminate your account without notice if we reasonably believe you have:
- Violated these Terms and Conditions
- Provided false or misleading information
- Engaged in fraudulent, illegal, or harmful activity
- Violated applicable laws or regulations
- Threatened or harassed other users
- Failed to pay outstanding balances (for vendors)
4. The HotplateGo Service
HotplateGo is a digital ordering platform that facilitates transactions between customers and food vendors. HotplateGo acts as an intermediary platform provider, not as the vendor or food provider. The platform includes features such as:
- Vendor discovery and browsing
- Menu viewing and item selection
- Cart management and order placement
- Collection and delivery scheduling
- Online payment links and integration
- Order tracking and status updates
- Push notifications and messaging
- Vendor management and reporting tools
- Administrative and compliance features
HotplateGo does not directly prepare, deliver, or serve food. These responsibilities rest with the individual vendors using the platform.
5. Customer Terms and Obligations
5.1 Browsing and Ordering
Customers may browse vendor menus, view prices, and place orders through HotplateGo. All orders placed are binding requests for food items from the specified vendor. By placing an order, you confirm that you have read the menu, understand the prices and terms, and authorize the transaction.
5.2 Accuracy of Information
You are responsible for providing accurate delivery addresses, special instructions, and contact information when placing orders. HotplateGo and vendors are not responsible for failed deliveries or orders prepared incorrectly if you have provided inaccurate information.
5.3 Order Cancellation and Refunds
The vendor is responsible for accepting or rejecting orders and making refund decisions. HotplateGo does not control vendor refund policies. If you wish to cancel an order, contact the vendor directly. Refund requests must generally be made within 24 hours of order placement. Vendors may deny refund requests if the order has already been prepared. For online payments, refunds are processed by the payment provider and may take 3-5 business days to appear in your account.
5.4 Respectful Conduct
You agree to interact respectfully with vendors, delivery personnel, and other users. You must not:
- Use abusive, threatening, or offensive language
- Harass or discriminate against vendors or other users
- Provide false ratings or reviews
- Attempt to bypass payment systems
- Use the platform to solicit illegal goods or services
6. Vendor Terms and Obligations
6.1 Vendor Eligibility and Application
Vendors must apply to HotplateGo and be approved before conducting business on the platform. Applications must include accurate business information, valid business registration, owner details, payment provider credentials, and menu information. HotplateGo has the absolute right to approve, reject, or request additional information from any vendor application.
6.2 Accurate Menu and Pricing
Vendors must maintain accurate, current, and complete menu information including item names, descriptions, prices, availability, and preparation times. Customers rely on this information when placing orders. Vendors are responsible for:
- Keeping menu items and pricing accurate
- Removing unavailable items promptly
- Updating preparation times and collection slots
- Clearly communicating allergen information and ingredients
- Providing accurate food images
6.3 Order Fulfillment Responsibility
Vendors are solely responsible for preparing and fulfilling orders according to the menu specifications, customer instructions, and accepted fulfillment terms. Vendors must:
- Prepare orders according to specifications and in good time
- Update order status promptly
- Prepare food meeting health and safety standards
- Honor collection times and delivery commitments
- Treat customers and delivery personnel professionally
- Handle refund requests and customer complaints fairly
6.4 Food Safety and Legal Compliance
Vendors are solely responsible for compliance with all applicable laws and regulations, including but not limited to:
- Food safety and hygiene regulations
- Business registration and licensing requirements
- Tax and financial regulations
- Labor and employment laws
- Local municipality and zoning regulations
- Campus or institutional policies (if operating on a campus)
- POPIA (Protection of Personal Information Act) compliance
- Consumer protection laws
Vendors must not sell unsafe, spoiled, mislabeled, or prohibited food items. Vendors are liable for any illness, injury, or harm caused by food sold through HotplateGo.
6.5 Payment Provider Setup
Vendors are responsible for setting up payment provider credentials (such as Yoco, iKhokha, or Paystack) and maintaining valid, up-to-date credentials. Vendors must comply with all payment provider terms and requirements. HotplateGo is not responsible for payment processing failures, incorrect payment configurations, or disputes with payment providers.
6.6 Delivery Responsibility
Vendors choosing to offer delivery are responsible for:
- Accurately communicating delivery availability and terms
- Delivering orders on time and in good condition
- Handling delivery complaints and failed deliveries
- Processing refunds for delivery failures
- Maintaining delivery vehicle insurance
Alternatively, vendors may arrange third-party delivery through platforms like Uber Eats or other services. HotplateGo does not control third-party delivery services.
7. Payment Terms
7.1 Payment Processing
HotplateGo does not directly process credit card or payment information. All online payments are processed by third-party payment providers selected or configured by vendors, including Yoco, iKhokha, Paystack, and other payment gateways. Payment providers have their own terms and privacy policies. HotplateGo is not responsible for payment processing, payment security, payment disputes, or failed transactions.
7.2 Payment Method Options
Vendors may offer pay-on-collection or online payment options. Customers must use the payment method specified by the vendor. HotplateGo may disable specific payment options or require all orders from a vendor to use online payment at its discretion.
7.3 Transaction Fees
Customers may be charged a platform service fee or convenience fee by HotplateGo or the payment provider. This fee will be clearly displayed before checkout. Vendors may be charged processing fees by payment providers.
8. Platform Fees and Commission
8.1 Platform Access Fees
HotplateGo may charge customers a platform service fee per order. This fee is clearly displayed in the cart before checkout.
8.2 Vendor Commission
HotplateGo may charge vendors a commission percentage or per-order fee. Commissions will be detailed in the vendor agreement or displayed in the vendor dashboard. Vendors are responsible for reviewing their account statements and reports regularly.
8.3 Outstanding Balances
Vendors must keep platform fee and commission balances current. Vendors cannot open for business on a new day if outstanding balances remain unpaid. HotplateGo may use automated collection systems (including Paystack) to collect unpaid balances. HotplateGo may suspend or prevent trading by vendors with unpaid balances.
8.4 Disputes and Adjustments
Vendors must review their account statements within 7 days of issue and raise any disputes promptly. HotplateGo will not adjust fees or commissions for disputes raised after 30 days.
9. Promoted Placement and Advertising
HotplateGo may offer vendors the option to promote their stores or menu items for higher visibility in app feeds or on public landing pages. Promoted placement terms:
- Promoted placement is a purchased service with a specified duration
- Promoted placement does not guarantee sales, order volume, or ranking duration beyond the purchased period
- HotplateGo may reject, pause, or remove promotions that are misleading, unlawful, unsafe, or inconsistent with platform policies
- Paid promotions do not count as endorsements by HotplateGo
- Vendors are solely responsible for the content and legality of promotional materials
10. Refunds, Cancellations, and Dispute Resolution
10.1 Vendor Responsibility
Vendors are primarily responsible for customer disputes, refund requests, cancellations, failed orders, late collections, and delivery failures. HotplateGo's role is to facilitate communication and maintain records, not to act as arbiter.
10.2 Cancellation Requests
Customers wishing to cancel orders should contact the vendor directly. Cancellation decisions rest with the vendor. Once food preparation has begun, vendors may deny cancellation requests. Refunds for canceled orders are issued by the vendor through the original payment method.
10.3 Complaint Resolution
Customers and vendors are encouraged to resolve disputes directly. If direct resolution fails, parties may contact HotplateGo support for mediation assistance. HotplateGo may review order history, payment records, and communications to understand the dispute but reserves the right not to override vendor decisions.
11. Intellectual Property Rights
11.1 Platform Ownership
HotplateGo owns or licenses all software, code, design, text, images, logos, trademarks, and other intellectual property comprising the platform (collectively, "Platform Materials"). You may not copy, modify, adapt, translate, reverse-engineer, or create derivative works based on Platform Materials without prior written permission.
11.2 Vendor Content
Vendors retain ownership of their business names, logos, menu images, and descriptions ("Vendor Content"). By submitting Vendor Content to HotplateGo, vendors grant HotplateGo a worldwide, non-exclusive, royalty-free license to display, reproduce, and promote Vendor Content on the platform, in marketing materials, and in app features (such as recommendations and search).
11.3 Restricted Use
You may not reproduce, distribute, display, or transmit any Platform Materials without prior written permission except as necessary to use the platform as intended. You may not use the platform or its content to create competing products or services.
12. Disclaimers and Warranties
12.1 Service "As-Is"
HotplateGo provides the platform and services "as is" and "as available." HotplateGo makes no warranties, express or implied, including merchantability, fitness for a particular purpose, or non-infringement. HotplateGo does not warrant that:
- The platform will be error-free or uninterrupted
- All vendors are legitimate or that vendors' menus are accurate
- Food sold through the platform is safe or of good quality
- Delivery will be timely or successful
- Third-party payment providers will function correctly
12.2 No Food Liability
HotplateGo is not a food provider. Vendors are solely responsible for food quality, safety, preparation, freshness, allergen disclosure, and handling. HotplateGo is not liable for foodborne illness, allergic reactions, food poisoning, or any other food-related harm caused by food sold through the platform.
12.3 Third-Party Services
HotplateGo uses third-party services including payment providers, cloud hosting, analytics, notification services, and delivery platforms. HotplateGo is not responsible for the functionality, security, or availability of third-party services. Use of third-party services is subject to their terms and policies.
13. Limitation of Liability
To the maximum extent allowed by law, HotplateGo shall not be liable for:
- Indirect, incidental, special, consequential, or punitive damages
- Lost profits, lost revenue, lost data, or lost opportunities
- Vendor food quality, safety, or poisoning
- Failed vendor fulfillment or delivery
- Third-party payment provider issues, fraud, or failed transactions
- Inaccurate or outdated vendor information
- User misuse, abuse, or violation of these terms
- Data breaches or security vulnerabilities (except where caused by HotplateGo's gross negligence)
- Service interruptions, outages, or unavailability
In no event shall HotplateGo's total liability exceed the amount you have paid to HotplateGo in the 12 months preceding the claim.
14. Indemnification
You agree to indemnify, defend, and hold harmless HotplateGo and its officers, directors, employees, agents, and affiliates from any claims, damages, liabilities, costs, and expenses (including legal fees) arising from:
- Your use of the platform
- Your violation of these terms or applicable law
- Your violation of another user's rights
- Vendor content or services you provide
- Food sold through your vendor account
15. Acceptable Use Policy
You must not use HotplateGo to:
- Violate any law or regulation
- Infringe on third-party intellectual property rights
- Harass, threaten, defame, or discriminate against others
- Submit fraudulent, false, or misleading information
- Interfere with or disable platform features or security measures
- Copy or scrape data from the platform
- Use automated tools (bots, scrapers) without permission
- Submit fraudulent orders or payments
- Upload malware, viruses, or harmful files
- Impersonate another person or entity
- Abuse customer support or reporting channels
- Attempt to reverse-engineer the platform
- Resell platform access or services
- Use the platform for commercial purposes not explicitly authorized
16. Communications and Notifications
By creating an account, you consent to receive electronic communications from HotplateGo including email, push notifications, in-app messages, and SMS (if applicable). These may include:
- Account verification and password reset emails
- Order confirmation and status updates
- Payment confirmations and receipts
- Vendor reports and commission notifications
- Service updates and maintenance notices
- Marketing messages and promotional offers
- Complaint notifications and resolution updates
You can opt out of marketing communications but not transactional messages. See the Privacy Policy for opt-out instructions.
17. Availability, Maintenance, and Service Changes
17.1 Platform Availability
HotplateGo aims to maintain 99% uptime but does not guarantee uninterrupted service. The platform may be unavailable due to:
- Scheduled maintenance and updates
- Unexpected technical issues or outages
- Third-party provider failures
- Events beyond HotplateGo's reasonable control
17.2 Service Changes
HotplateGo may modify, suspend, or discontinue any feature or service at any time. We will provide reasonable notice where possible, but changes affecting vendor operations or payments will be communicated with at least 7 days notice.
18. Suspension and Termination
18.1 Suspension
HotplateGo may temporarily suspend your account or access to the platform if we reasonably believe:
- You have violated these terms
- You pose a security or fraud risk
- Your account is involved in illegal activity
- You have unpaid outstanding balances
18.2 Termination
HotplateGo may permanently terminate your account if:
- You repeatedly violate these terms
- You engage in fraudulent or illegal activity
- You threaten or harm other users
- You fail to pay outstanding balances
- You violate food safety or compliance regulations
18.3 Effect of Termination
Upon termination, your right to use HotplateGo ends immediately. HotplateGo may delete your account and associated data. You remain liable for any outstanding fees or balances. Some provisions (indemnification, limitation of liability, governing law) survive termination.
19. Governing Law and Jurisdiction
These Terms and Conditions are governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the South African courts for any disputes arising from these terms or your use of HotplateGo.
20. Dispute Resolution
20.1 Informal Resolution
Before pursuing formal legal action, you agree to contact HotplateGo support to attempt to resolve any dispute informally. HotplateGo will respond to dispute notifications within 30 days and will attempt good-faith resolution.
20.2 Arbitration
For disputes that cannot be resolved informally, parties may mutually agree to arbitration before formal litigation. Arbitration will be conducted under South African arbitration rules.
21. Changes to These Terms
HotplateGo may update these Terms and Conditions at any time. Changes will be effective upon posting to the website or within 30 days if we send email notice. Your continued use of HotplateGo after changes become effective constitutes acceptance. Material changes will be announced via email or prominent notification. Vendors will be notified of material changes affecting fees or operations at least 7 days in advance.
22. Severability
If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision will be modified to the minimum extent necessary to make it enforceable, or if impossible, severed. The remaining provisions will continue in full force and effect.
23. Entire Agreement
These Terms and Conditions, together with the Privacy Policy and any other policies published on the website, constitute the entire agreement between you and HotplateGo regarding the platform and services. This agreement supersedes any prior negotiations, representations, or agreements.
24. Contact Information and Support
For questions, concerns, complaints, or support regarding these terms or the platform, please contact:
- Email: support@fetchr.online
- Website: www.hotplatego.co.za
- Response Time: We will respond to support requests within 2 business days
For vendor-specific disputes or billing issues, include your vendor account number in your message.
25. Additional Policies
The following additional policies form part of these Terms and Conditions:
- Privacy Policy: Governs collection, use, and protection of personal information
- Acceptable Use Policy: Prohibits misuse and abuse of the platform
- Vendor Agreement: Specific terms for vendor accounts (provided separately)
- Payment Provider Terms: Terms of payment providers used by vendors