Terms of service

These Terms of Service (the “Terms”) form a binding legal contract between you and Food & Delight, the operator of the Service in Ghana and Nigeria (and, over time, other West African markets). Together with our Privacy Policy, they describe what you can expect from us and what we expect from you.

You must be able to form a binding contract under the laws of your country to accept these Terms. If you’re using the Service on behalf of a business (a restaurant, a delivery fleet, an organisation), you confirm you have authority to bind that entity, and “you” in these Terms refers to that entity.

• “Restaurant” — a business that uses the Service to manage its menu, orders, staff, deliveries, or payments.
• “Customer” — an individual who orders food through the Service, whether at a table, for takeout, or for delivery.
• “Rider” — a delivery rider who accepts and fulfils delivery orders through the rider app.
• “Order” — a request to purchase food and/or drinks placed through the Service.
• “Wallet” — the closed-loop balance held for you by our payment provider partners (Paystack in Ghana, Monnify in Nigeria) and reflected in the Service.
• “Maintenance fee” — the small, capped fee Restaurants pay after the 30-day trial to cover payment infrastructure costs. See “Platform fees” below.

You must be at least 18 years old to place an order, register a Restaurant, or act as a Rider. Customers under 18 may not use the Service to make payments.

You agree to provide accurate, current information when you sign up, and to keep it accurate. You’re responsible for all activity under your account, including activity by staff you invite to a Restaurant. Don’t share your password or one-time codes; if you suspect your account has been compromised, contact us immediately.

We may verify your identity, your business, or your bank details before activating certain features (KYC checks for payouts, for example). We may refuse, suspend, or close any account at our reasonable discretion, including where required by law or to protect users.

Restaurants are responsible for the food and service they sell through the platform. Specifically, you confirm that you:

• hold and maintain all licences, registrations, health certificates, and tax registrations required to operate;
• comply with food-safety, hygiene, allergen-disclosure, labour, and consumer-protection laws in your jurisdiction;
• list accurate menu information — names, prices, descriptions, allergens, and availability — and update it as it changes;
• honour the prices and discounts displayed to customers at the time they place an order, including promotional discounts you configure in the dashboard;
• prepare every paid-for order in a reasonable time, and notify customers promptly via the dashboard if you cannot;
• handle refund and quality disputes directly with customers in good faith, using the dashboard tools we provide;
• keep staff invitations limited to people authorised to act on your behalf, and remove staff promptly when their authority ends.

You retain ownership of your menu content, brand assets, and customer relationships. We act as a technology and payments provider — we don’t cook, prepare, or warrant the food you sell.

When you place an Order, you enter into a sales contract with the Restaurant for the food itself. We facilitate that order, the payment, and (for deliveries) the dispatch. Specifically:

• you authorise us to charge your selected payment method for the total displayed before confirmation, including any tip, takeout fee, or delivery fee;
• once an order is sent to the kitchen, it cannot be edited; cancel windows are short and depend on the Restaurant’s status;
• refund eligibility is decided by the Restaurant for food-quality issues, and by us for payment errors or platform faults;
• promotional discounts are auto-applied at checkout when the cart qualifies — minimum-order requirements and date windows apply as shown;
• you agree not to misrepresent your identity, place fraudulent orders, abuse promotional codes, or reverse-engineer the Service.

Riders are independent contractors of the Restaurants whose orders they accept. You are not our employee. You agree that:

• you hold the licences, insurance, and vehicle registrations required to ride or drive commercially in your area;
• you accept or decline delivery offers freely — you set your own availability and may go offline at any time;
• once you accept a delivery, you complete it honestly: collect the correct order, follow the route, hand it to the customer, and confirm completion in the app;
• you receive 80% of the delivery fee paid by the customer; the platform retains 20% to cover dispatch, mapping, and payout infrastructure;
• payouts settle to your wallet after each completed delivery, and you may withdraw to your bank account subject to KYC and anti-fraud checks.

Cancellations, late deliveries, fraud, and conduct complaints may result in your rider account being suspended or terminated. We rely on customer ratings, order data, and direct reports to make these decisions and will explain the reason where we reasonably can.

Payments are processed by our regulated partners — Paystack (Ghana, GHS) and Monnify (Nigeria, NGN). When you top up a wallet, accept a payout, or pay for an order, you authorise the relevant partner to debit or credit your account. We never store your full card number or bank credentials on our servers.

The Service uses a closed-loop wallet with a double-entry ledger. Balances shown in your account are derived from this ledger. Disputed or reversed transactions may temporarily affect your available balance until they’re resolved.

Withdrawals to your bank account, virtual-account funding, and card top-ups are subject to KYC checks, transaction limits, and provider availability. We’re not responsible for delays, fees, or failures caused by third-party banks, telecoms, or mobile-money networks beyond our reasonable control.

The Service’s software, setup, and tools are free for Restaurants. For the first 30 days a Restaurant is on the platform, we absorb the maintenance fee entirely. After 30 days, a small capped maintenance fee applies to every order — dine-in, takeout, and delivery — to cover payment infrastructure costs:

• Ghana: 0.5% of order value, capped at GHS 2 per order.
• Nigeria: 0.5% of order value, capped at NGN 300 per order.

The delivery fee is paid by the Customer. The platform retains 20% and the Rider receives 80%. Restaurants are not charged for the delivery fee mechanism.

We may adjust fees with at least 30 days’ notice posted in the dashboard. Continued use of the Service after a fee change constitutes acceptance.

Restaurants may configure shop-wide, category-wide, or item-level promotions through the dashboard. The Restaurant is solely responsible for the discount value, eligibility rules, and any minimum-order requirements. We display the promo accurately to Customers and apply it at checkout when the cart qualifies.

Promotional discounts reduce the Customer’s total but do not change the platform fee basis. The Restaurant absorbs the discount amount.

You retain ownership of menu names, descriptions, photos, brand assets, and other content you upload. By uploading content, you grant us a worldwide, non-exclusive, royalty-free licence to host, reproduce, transmit, and display that content as needed to operate the Service (for example, showing your menu to Customers in the customer app and marketplace).

You confirm that you have the rights to all content you upload and that it doesn’t infringe anyone’s rights, including intellectual property, privacy, and publicity rights.

You agree not to:

• place, accept, or process fraudulent orders, including self-orders to extract promo value or pad ratings;
• scrape, harvest, or systematically extract data from the Service outside the official APIs;
• attempt to probe, reverse-engineer, or interfere with our infrastructure, including the wallet ledger;
• upload content that is unlawful, hateful, harassing, deceptive, or that infringes others’ rights;
• use the Service in ways that violate sanctions, anti-money laundering, or anti-bribery laws;
• use bots, automation, or scripts that simulate human activity without our written permission.

The Service depends on third-party providers for payments (Paystack, Monnify), SMS (Termii), email (Resend), maps and location, image hosting, and other infrastructure. Your use of those features is also subject to those providers’ terms, which they make available directly. We’re not responsible for the acts or omissions of third-party providers beyond our reasonable control.

You may stop using the Service at any time. Restaurants and Riders may close their accounts through the dashboard or rider app, or by contacting support. Closure does not waive obligations accrued before closure, including outstanding payments and tax records.

We may suspend or terminate access (in whole or in part) if you breach these Terms, if we’re required to by law, or if continuing to provide the Service would create unacceptable risk (fraud, chargebacks, regulatory action). Where reasonable, we give notice and a chance to fix the problem before suspension.

Outstanding wallet balances belonging to closed accounts are handled in line with the relevant payment partner’s rules and applicable law.

The Service is provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties — express or implied — including merchantability, fitness for a particular purpose, and non-infringement. We don’t warrant that the Service will be uninterrupted, error-free, or that any data it contains is complete or accurate at every moment.

We are a technology and payments platform. We don’t prepare food, and we don’t guarantee the quality, safety, or legality of items sold by Restaurants or services performed by Riders.

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, arising out of or related to the Service.

Our total aggregate liability arising from or related to the Service in any 12-month period will not exceed the greater of (a) the platform fees you paid us in that period, or (b) the equivalent of US $100. Nothing in these Terms limits liability that cannot be limited under applicable law (such as for fraud, gross negligence, or death or personal injury caused by negligence).

You agree to indemnify, defend, and hold harmless Food & Delight, its affiliates, and its staff from any third-party claim, demand, or liability (including reasonable legal fees) arising from your breach of these Terms, your content, your food or services, or your violation of applicable law.

For users based in Ghana, these Terms are governed by the laws of the Republic of Ghana, and the courts of Accra have exclusive jurisdiction over any dispute. For users based in Nigeria, these Terms are governed by the laws of the Federal Republic of Nigeria, and the courts of Lagos have exclusive jurisdiction. For users in other markets, we’ll designate the applicable jurisdiction at launch.

Before starting any legal action, please contact us so we can try to resolve the dispute informally. Many issues can be resolved quickly by talking.

We may update these Terms from time to time. When we do, we’ll post the new version with a revised effective date. Material changes will be flagged in the dashboard and, where appropriate, by email. Continued use of the Service after the effective date constitutes acceptance.

Questions about these Terms? Reach us at legal@fooddelight.tech or through the contact page.