Terms of Service

Effective Date: October 24, 2025
Last Updated: October 24, 2025

1. Introduction

Welcome to Gabs Eats, a food delivery and ordering platform operated by Gabs Eats (Pty) Ltd, a private company duly incorporated under the laws of the Republic of Botswana, with its registered office situated at [Insert Registered Address].

These Terms and Conditions ("Terms") govern the use, access, and participation of all parties—Users, Vendors, and Delivery Partners—on the Gabs Eats platform, including our website, mobile application, and all other digital or communication channels (collectively, the "Platform").

By accessing, browsing, or creating an account on the Platform, you acknowledge and confirm that you have read, understood, and agreed to be bound by these Terms, as well as our accompanying policies:

Privacy Policy
Shipping & Delivery Policy
Cancellation & Refund Policy

If you do not agree with any of these provisions, you must immediately cease using the Platform and its services.

2. Nature of the Platform

Gabs Eats serves as a digital intermediary marketplace that connects three core participants:

Users / Customers – individuals who place orders for food, groceries, or beverages.
Vendors / Restaurant Partners – independent restaurants or food service providers that list and sell menu items via the Platform.
Delivery Partners – independent contractors registered with Gabs Eats who collect and deliver orders to Users.

Gabs Eats does not own, prepare, handle, or sell food products, nor does it directly provide delivery services. Instead, it facilitates the technological and logistical ecosystem that allows the above parties to transact safely, efficiently, and transparently.

All sales contracts are formed directly between Users and Vendors, and delivery agreements are between Users and Delivery Partners. Gabs Eats acts purely as an intermediary facilitator and is not a party to those agreements.

3. Definitions

For purposes of this Policy, unless the context indicates otherwise:

"Account" – a registered digital profile through which a User, Vendor, or Delivery Partner accesses the Gabs Eats Platform.
"Delivery Partner" – an independent contractor or third-party logistics operator providing last-mile delivery services through the Platform.
"Order" – a confirmed request by a User for products or services via the Platform.
"Platform Services" – all digital functionalities offered by Gabs Eats, including browsing, ordering, payments, delivery tracking, and customer support.
"Service Fees" – charges imposed by Gabs Eats for facilitating transactions between parties.
"Third-Party Services" – external service providers integrated into the Platform, such as payment processors, GPS mapping tools, or courier systems.

4. Eligibility and Account Registration

4.1 Eligibility Criteria

To use Gabs Eats, Users must:

Be 18 years of age or older (or the age of majority in their jurisdiction);
Possess full legal capacity to enter into a binding agreement;
Use the Platform solely for lawful and personal purposes, unless registered and verified as a Vendor or Delivery Partner.

4.2 Account Registration

Users must create an account by providing accurate and verifiable personal information, including full name, email address, mobile number, delivery address, and payment details.
Gabs Eats reserves the right to verify all provided information prior to account activation.
Users are responsible for maintaining the confidentiality of their login credentials and for all activities conducted through their account.
Gabs Eats is not liable for losses resulting from unauthorized access due to negligence or account sharing.

5. Services and Relationship Structure

The Gabs Eats ecosystem operates under a triangular relationship:

Users ↔ Vendors: Contract for the purchase of food or related goods.
Users ↔ Delivery Partners: Contract for the collection and delivery of those goods.
Gabs Eats ↔ All Parties: Provides a neutral technological framework to facilitate transactions.

Gabs Eats' responsibilities are strictly limited to:

Providing the Platform infrastructure;
Managing secure payment processing;
Offering support and mediation in disputes;
Ensuring compliance standards for registered Vendors and Delivery Partners.

At no point does Gabs Eats assume ownership, custody, or liability for any goods sold or delivered through the Platform.

6. Ordering Process

6.1 Placing an Order

Orders are initiated by Users through the Platform interface.
Submission of an order constitutes an offer to purchase.
The Vendor must accept the order to confirm it. Only upon confirmation does a binding transaction occur.
Users receive in-app or email confirmation containing order details and estimated delivery time.

6.2 Modifications

Once confirmed, orders cannot be modified or canceled unless the Vendor and Delivery Partner both agree.

Any change requests must be submitted through official support channels within the Platform.

6.3 Rejection or Cancellation by Vendor

A Vendor may cancel an order if:

Items are out of stock;
Operational or technical limitations occur;
An error in pricing or availability is detected.

Refunds will be processed in accordance with the Gabs Eats Cancellation & Refund Policy.

7. Pricing, Payments, and Service Fees

7.1 Pricing

All item prices are determined solely by the Vendor.
Prices displayed include applicable taxes, service fees, and delivery costs where relevant.
Prices may fluctuate depending on time, promotions, or market changes.

7.2 Payments

Payments must be made in full through the Gabs Eats Platform using authorized payment methods.
Accepted payment types include debit/credit cards, mobile money, and Gabs Eats Wallet credits.
All transactions are processed through PCI-DSS-compliant payment gateways.
Gabs Eats does not store full card information.

7.3 Service Fees

Gabs Eats may impose:

Platform usage fees;
Delivery charges;
Small-order or convenience fees (as applicable).

All fees are transparently displayed before order confirmation.

8. Delivery Services

8.1 Delivery Timelines

Estimated delivery times are based on real-time conditions, including:

Vendor preparation time,
Distance to delivery address,
Traffic, weather, and operational volume.

Delivery times are estimates, not guarantees. Notifications for delays will be provided through the app or SMS.

8.2 Delivery Partner Conduct

All Delivery Partners must:

Maintain food hygiene and safety at all times;
Use sanitized, insulated delivery bags;
Conduct themselves professionally and respectfully during all interactions.

8.3 Delivery Verification

Delivery Partners may request:

Signature or in-app confirmation of receipt;
Presentation of valid identification for age-restricted goods (e.g., alcohol).

If verification fails, the delivery may be refused, and the order marked as undeliverable.

9. Cancellation, Refund, and Dispute Resolution

Users may cancel orders only within the allowable time before preparation begins.
Vendors may cancel orders due to unavailability or operational constraints.
Refunds are processed to the original payment method within a reasonable period.
Complaints or disputes must be lodged within 24 hours of order completion.

Gabs Eats will act as an independent mediator in resolving disputes, with all decisions made in good faith and on a case-by-case basis.

10. User Responsibilities and Conduct

Users agree to:

Provide accurate information at all times;
Avoid fraudulent, misleading, or malicious behavior;
Not misuse refund or promotional systems;
Treat Vendors, Delivery Partners, and Gabs Eats staff respectfully.

Violations may result in immediate suspension or permanent account termination, including legal recourse where applicable.

11. Intellectual Property Rights

All trademarks, logos, software, graphics, and digital content associated with Gabs Eats are the exclusive property of Gabs Eats (Pty) Ltd or its licensors.

Users may not copy, reproduce, modify, distribute, or exploit the Platform's intellectual property without prior written authorization.

12. Data Privacy and Security

Gabs Eats adheres to the Botswana Data Protection Act, 2018.
Personal data is collected, stored, and processed securely for purposes of service delivery, support, analytics, and legal compliance.
Users consent to such data usage upon account creation.
Gabs Eats employs encryption, access controls, and firewalls to prevent unauthorized data breaches.

13. Disclaimers and Limitation of Liability

The Platform and all services are provided "as is" and "as available."

Gabs Eats makes no representations or warranties regarding:

Continuous or error-free operation;
Availability of specific Vendors or items;
Timeliness or quality of delivery.

To the fullest extent permitted by law, Gabs Eats is not liable for:

Food-related illnesses, contamination, or allergic reactions;
Losses caused by traffic, weather, or Vendor delays;
Any indirect or consequential damages.

In any event, liability is capped at the total value of the disputed order.

14. Indemnification

Users agree to indemnify and hold harmless Gabs Eats, its directors, employees, affiliates, and contractors from any claim, damage, or loss resulting from:

Violation of these Terms;
Misuse of the Platform;
Infringement of any third-party rights.

15. Termination and Suspension

Gabs Eats reserves the right to suspend or permanently terminate accounts that:

Breach these Terms;
Engage in fraud or abuse;
Threaten Platform integrity or security.

All outstanding orders or payments may be canceled, and stored data may be deleted as per data retention laws.

16. Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of Botswana.

Any disputes arising from these Terms shall fall under the exclusive jurisdiction of the courts in Gaborone, Botswana, unless superseded by applicable statutory provisions.

17. Amendments to Terms

Gabs Eats reserves the right to update or revise these Terms at any time without prior notice.

All updates will be posted on the Platform and take immediate effect upon publication.

Continued use of the Platform after such updates constitutes acceptance of the revised Terms.

18. Contact Information

For questions, support, or complaints:

Address: 10208 Mokolwane, Gaborone
Email: info@gabseats.com
Website: www.gabseats.com
Phone: +267 71 672 188