User Terms & Conditions

These Terms were updated on 11 July 2026 and are effective immediately.

Thank you for using Daily Foodie.

1. Joining the Daily Foodie movement

1.1 We dream of a world where everyone has access to affordable, quality food. Daily Foodie’s mission is to give surplus food a second life and help provide more affordable meals in South Africa. Our mobile application (the “App”) helps businesses and consumers save food that would otherwise go to waste. By using the App you’re contributing to the goal of ensuring that all food produced is food consumed.

1.2 To support that goal, we keep it simple: we empower consumers like you (collectively, “Users”, and in these Terms “you”) to save surplus food from retail and food service businesses — supermarkets, bakeries, canteens, restaurants, coffee shops, and others (each a “Store”). Stores offer surplus food by listing a quantity of bags on the App that they fill with their surplus food and make available for purchase (each a “Surprise Bag”). Our App helps you find Stores near you so you can order a Surprise Bag for yourself.

1.3 As you use the App, keep in mind that Daily Foodie does not own, control, offer, or manage the contents of any Surprise Bag made available by Stores for purchase. Daily Foodie is also not a party to the sale of the food that Stores provide to you in a Surprise Bag.

2. What’s covered in these Terms

2.1 These Terms constitute a binding legal agreement between you and Daily Foodie (Pty) Ltd, registration number 2026/508289/07, that governs your use of the Daily Foodie App and any website we operate (together, the “Platform”). By accessing or using any part of the Platform, you accept, without limitation or qualification, these Terms. If you don’t agree with these Terms, you are prohibited from using any part of the Platform. Registering an Account (as defined below) requires your express acceptance of these Terms.

2.2 These Terms reflect the way Daily Foodie works and the obligations that apply to our relationship with you, including:

• what you can expect from us and the Platform;
• what we expect from you, which sets certain rules for using the Platform; and
• what to expect from Stores, covering the basics of the interaction between you and Stores through the Platform.

2.3 By using the Platform you’re agreeing to these Terms, which include all operating policies referred to here (as amended from time to time), including without limitation our Cookie Policy and our Privacy Policy. By accepting these Terms, you confirm that you have read and accepted our Privacy Policy.

3. Using Daily Foodie

3.1 How to save a meal using Daily Foodie

The App provides a simple way to save meals in four steps:

• A Surprise Bag is made available by a Store that uses Daily Foodie, for purchase by consumers like you.
• A list of Stores with available Surprise Bags is displayed to you in the App — a list based on your location can only be shown if you allow the App to use location services.
• You place an order for an available Surprise Bag from a Store you select in the App.
• You collect your ordered Surprise Bag at the relevant Store during the time period the Store provides (see 3.5 below).

3.2 User Account

Your Daily Foodie account is where you manage your relationship with us and use the Platform to place orders with Stores. You must register and create an account (“Account”) by providing the information we require. You must keep your Account information complete, accurate, and up to date — failing to do so may interfere with our ability to provide our services to you.

3.2.1 You should never:

• select or use a username that impersonates another person;
• use a username subject to someone else’s rights without appropriate authorisation;
• use a username that is offensive, vulgar, or obscene;
• use another person’s Account or registration information;
• share your Account with others; or
• publish, distribute, or post login information for your Account or anyone else’s.

3.3 Orders

You may purchase Surprise Bags available from a Store by placing an order with a Store you select via the App (each an “Order”). The list of Stores shown to you is based on criteria you can filter by, e.g. location or collection time.

Keep in mind:

• By placing an Order you reserve a Surprise Bag that may potentially be available from a Store. For example, if a Store doesn’t have the quantity of surplus food it originally projected, it may cancel the Order (see 3.6 below).
• An Order is not a purchase — it’s an offer by you to the Store to reserve a Surprise Bag for collection. The purchase of a Surprise Bag takes place upon Collection (see 3.5 below), at which point the sale is concluded exclusively between you and the Store.

3.4 Order Confirmation

Once we receive your Order via the App, we send it to the relevant Store and notify you that it’s been received, along with a pickup code (“Order Confirmation”) that’s redeemable for a Surprise Bag at the Store. It’s your responsibility to make sure the Order Confirmation can be shown to the Store upon Collection.

3.5 Collection

You must retrieve the Surprise Bag you ordered at the designated Store, during the time period stated in the App and in the Order Confirmation (“Collection”). Upon Collection, you’ll be required to show your Order Confirmation to the Store, who will hand out your Surprise Bag. Always check that the Surprise Bag handed to you corresponds to your Order. If you don’t collect within the stated time period, the Surprise Bag may no longer be available, and we’ll be entitled to charge you the Order Price (as defined below) as a no-show.

3.6 Order cancellation

Occasionally Stores may not have the surplus food they originally anticipated, or it may not be satisfactory. For these reasons and others, Orders may be cancelled by you, by Stores, or by Daily Foodie.

3.6.1 Cancellation by you

You may cancel an Order via the App up to two (2) hours before the start of the agreed Collection time.

3.6.2 Cancellation by the Store

Stores may generally cancel your Order up to thirty (30) minutes before the start of the agreed Collection time. In some cases a Store may need to cancel later than that — for example, if it sells out of the food it anticipated would be surplus. If a Store cancels your Order, you’ll receive a cancellation notification by email, SMS, and/or the App, provided you’ve given us correct contact information and agreed to receive such notifications.

3.6.3 Cancellation by Daily Foodie

We may cancel Orders at our sole discretion when necessary — for example, in the event of a recall, dispute, or other matter we believe requires it.

4. Contents of Surprise Bags

4.1 Daily Foodie’s role

As the provider of the Platform, we have no insight into the contents of Surprise Bags. We don’t own, control, touch, offer, or manage any Surprise Bag listing that a Store makes available. We don’t manufacture, sell, purchase, store, prepare, produce, process, mark, pack, deliver, or handle Surprise Bags. We accordingly have no responsibility or liability for the contents of a Surprise Bag (including quality, ingredients, and allergens), for information provided by Stores, or for the availability of that information on the App. We’re exclusively an intermediary and are not a party to the sale of the food Stores provide to you. If you have questions about a Surprise Bag, contact the relevant Store directly — their contact information appears on the App.

4.2 The Store’s role

Upon Collection, the Store is responsible for providing you with information about ingredients, allergens, and other labelling-related information, as well as the actual contents of the Surprise Bag. We’re not responsible for any ingredient, allergy, caloric, or other nutritional information provided by a Store or found on the App, and we assume no liability for adverse reactions to the contents of a Surprise Bag. It’s your and the Store’s responsibility to confirm whether allergens are present. If you’re in doubt about allergy warnings or a bag’s contents, confirm with the Store directly before Collection.

5. Price, payment, refunds

5.1 Price

A Surprise Bag’s stated value on the App is a minimum value it would have had if not sold as surplus food. All prices are shown in South African Rand.

5.2 Daily Foodie as the Store’s agent for collecting payments

The Order Price you pay is collected from you by us via the App, on behalf of the Store. Stores have a service agreement with Daily Foodie to receive payment from you on their behalf, in full discharge of your payment obligation for the Surprise Bags they sell you.

5.3 Packaging and other fees

In some locations, regulation may require a packaging fee or other fee for Surprise Bags. Where applicable, such fees are displayed in the App.

5.4 Payment process

Upon placing an Order, the price listed by the Store for the Surprise Bag (“Order Price”) is charged to you via our payment processor, Peach Payments. If an Order is cancelled under clause 3.6, the amount is refunded automatically — this typically takes 1–3 business days to reflect in your account. We may amend or restructure this payment process at any time, as we reasonably see fit.

5.5 Payment method

When placing an Order, the Order Price is reserved on the payment method associated with your profile. You can pay with accepted debit and credit cards, or other payment methods we make available. Card details you provide are collected, stored, and processed by our payment service provider, Peach Payments — Daily Foodie does not have access to them.

5.6 Refunds

We may, at our discretion, refund Users to resolve issues like complaints or recalls — for some or all of the amount collected for an Order. Refund requests must be submitted within 24 hours of the end of the Collection window for that Order; requests submitted after that won’t be entitled to a refund.

6. User complaints

Complaints should be submitted through the Help section of your profile in the App before taking any other action, including the reason you’re unsatisfied and any other information we reasonably request. We’ll process your complaint within 48 hours, in line with our internal complaint practices and, where needed, in cooperation with the Store. These Terms don’t limit any other means available to you under applicable law to resolve a dispute with a Store.

7. Your responsibilities

7.1 You’re always responsible for activity on your Account, and must notify us immediately of any change in your eligibility to use the App, or any breach of security or unauthorised use of your Account.

7.2 You must comply with all laws and regulations that apply to you in connection with your use of the Platform.

7.3 Your behaviour

You’re expected to show respect for a Store’s guests and personnel, and for Daily Foodie’s personnel. If you act inappropriately towards a Store, other consumers, or Daily Foodie, or commit an offence in connection with the Platform, or violate a Store’s or Daily Foodie’s code of conduct, we may ban, exclude, or suspend you from the App. This doesn’t deprive the Store of any remedies available to it.

7.4 Reviews

Where the App lets you review Stores you’ve ordered from, your reviews must be accurate and must never contain discriminatory, offensive, or defamatory language. We don’t verify reviews submitted by Users, so any reviews shown in the App may be inaccurate, incorrect, or misleading.

7.5 Rules of conduct

By using the App and your Account, you acknowledge and agree that you will:

• not use the Platform for any illegal purpose, or one prohibited by these Terms;
• confirm you’re an adult with the ability to enter into commercial agreements;
• pay in full for the Surprise Bags you order and collect;
• only place Orders you intend to collect;
• not use the App to research Stores or their pricing;
• not behave inappropriately towards a Store (including its staff), another consumer, or Daily Foodie (including its owners, directors, agents, or employees);
• confirm you have not previously had a Daily Foodie Account suspended or terminated for violating our terms, policies, or the law;
• not use automated systems, bots, or software to extract data from the Platform;
• not upload, post, or distribute content that is false, misleading, contains malicious code, impersonates someone, or includes identification documents or sensitive financial information;
• not overload our infrastructure, interfere with the Platform, bypass our security measures, run spam or auto-responders, or crawl/scrape the Platform;
• not reverse-engineer, decompile, modify, or create derivative works of any part of the Platform, or copy, rent, lease, or transfer your rights under these Terms;
• comply with all applicable laws and regulations in connection with your use of the Platform;
• not access or use the Platform if you’re a direct competitor (or an agent of one), without our prior written consent; and
• not access the Platform for commercial purposes, including copying content, monitoring performance, or benchmarking.

8. Data use and privacy

We value your privacy and work to protect it when you use the Platform. When you use the Platform we collect and process personal information about you — you can read more about how in our Privacy Policy.

9. Indemnity and limitation of liability

9.1 You agree to indemnify, defend, and hold harmless Daily Foodie and its affiliates, along with their directors, officers, employees, and contractors, from any claims, demands, liabilities, costs, or expenses (including attorney’s fees) arising from or related to your: (i) use of the Platform; (ii) breach of these Terms; or (iii) violation of applicable law or regulation.

9.2 Daily Foodie is not liable for losses or damages arising out of or connected to: (i) acts or omissions of a Store or third party, including the contents of Surprise Bags; (ii) your use of the Platform; (iii) availability of the Platform or Surprise Bags; (iv) content of sites the Platform links to; or (v) circumstances outside Daily Foodie’s control.

9.3 To the maximum extent permitted by law, Daily Foodie is not liable for indirect or consequential damages, and our liability will not exceed the amounts we collected from you for Surprise Bags in the 12 months preceding the event giving rise to your claim.

10. Intellectual property

10.1 The Platform and the services we offer, including all underlying technology, software, graphics, designs, and related intellectual property, are and remain our sole and exclusive property, except for content owned by third parties who’ve authorised us to display it. No licence or other right is granted to you except as expressly set out in these Terms.

10.2 You agree not to copy, distribute, modify, or create derivative works of any content on the Platform without our prior written consent, and not to reproduce or store any part of the Platform in another system or platform without our permission.

10.3 Feedback

If you give us ideas or suggestions about the Platform, advertising, promotions, or how we do business (“Feedback”), we’re free to fully use that Feedback. You agree we own all rights to Feedback you give us, and to the extent that assignment isn’t enforceable, you grant us an irrevocable, perpetual, worldwide licence to use it in any way, without payment to you.

11. Suspension and termination

11.1 We may suspend or terminate your access to the App, including deleting your Account, at our reasonable discretion, without liability — for example if:

• you materially or repeatedly breach these Terms;
• we’re required to do so to comply with a legal requirement or court order;
• we reasonably believe your conduct causes harm or liability to us, a Store, or a third party — e.g. hacking, phishing, harassing, spamming, misleading others, or scraping content;
• we believe you’ve acted abusively or disrespectfully towards our staff, agents, partners, or other Users; or
• you’re inactive on the App for an extended period, or create a new Account after a previous one was suspended or terminated.

11.2 If you believe your Account was suspended or terminated in error, please contact us.

12. Miscellaneous

12.1 No warranties

The Platform is made available on an “as is” and “as available” basis. We disclaim all warranties, express or implied, including implied warranties of non-infringement, merchantability, and fitness for a particular purpose, except where the law gives you a specific right that this disclaimer can’t exclude. Otherwise, we’re held only to the express promises we make in these Terms.

12.2 Changes to these Terms

We may update these Terms at any time. If we do, we’ll notify you in your Account and post the update on the Platform. Changes won’t apply retrospectively, but will apply to your continued use of the Platform after the effective date. Continuing to use the Platform after a change means you accept the revised Terms; if you don’t agree, you can stop using the Platform by deleting your Account.

12.3 Third parties

We don’t provide, endorse, or guarantee any third-party product, service, or information, including Store products listed on the App. The Platform may link to other websites we don’t maintain — we encourage you to read their own terms and privacy policies, and we’re not responsible for their practices or content.

12.4 Severability

If any part of these Terms is unlawful, void, or unenforceable, it will be modified to carry out its original intent to the fullest extent the law allows; if that’s not possible, that part will be severed without affecting the rest of the Terms.

12.5 Waiver; remedies

No failure or delay by Daily Foodie in exercising a right or remedy under these Terms constitutes a waiver of it, and no single or partial exercise of a right prevents further exercise of that or any other right.

12.6 Resolving disputes

Most concerns can be resolved quickly by contacting us. If we’re unable to resolve a dispute informally, you and we agree to resolve it in the South African courts, under South African law, with all proceedings conducted in South Africa.

12.7 Class action waiver

You agree that any claim arising from these Terms must be brought in your individual capacity, not as a plaintiff or class member in a class or representative proceeding, unless prohibited by law.

12.8 Information

We may access, read, preserve, and disclose information as we reasonably believe necessary to: (i) satisfy applicable law or a governmental request; (ii) enforce these Terms; (iii) detect or prevent fraud, security, or technical issues; (iv) respond to support requests; or (v) protect the rights, property, or safety of us, our Users, or the public.

12.9 Applicable laws

These Terms are governed by the laws of the Republic of South Africa. You submit to the non-exclusive jurisdiction of the South African courts.

12.10 Entire agreement

These Terms constitute the entire agreement between you and Daily Foodie on this subject matter.

12.11 Contact Daily Foodie

If you have questions about these Terms, please reach us at legal@dailyfoodie.co.za.