Terms of Service

Last updated: 22 June 2026

These Terms of Service ("Terms") govern your use of the Luss N Chow customer, driver, and merchant apps and the website at lussnchow.co.za (together, the "Platform"), operated by LUSSNCHOW (PTY) LTD (Reg: 2026/475670/07), a company registered in South Africa ("Luss N Chow", "we", "us"). By creating an account or using the Platform, you agree to these Terms. If you don't agree, please don't use the Platform.

1. What Luss N Chow is

Luss N Chow is a three-sided marketplace connecting customers, restaurants ("merchants"), and independent delivery drivers in Somerset West, Strand, and Gordon's Bay. We facilitate orders, payment, and dispatch — we do not prepare food and we do not employ drivers; drivers are independent contractors, and merchants are independent businesses.

2. Accounts

You must be 18 or older to create an account. You're responsible for keeping your login credentials secure and for all activity under your account. Tell us immediately at info@lussnchow.co.za if you suspect unauthorised use.

3. For customers

• Orders are placed and paid for through the app via PayFast. Prices, delivery fees, and estimated delivery times are shown before you confirm an order.
• Once a merchant accepts your order, cancellations are at the merchant's discretion. Refunds for undelivered, incorrect, or quality-issue orders are handled case by case — contact us at info@lussnchow.co.za.
• You're responsible for providing an accurate delivery address and being reasonably available to receive your order.

4. For merchants

• Merchants are onboarded after admin approval and operate under a separate Merchant Agreement covering commission rate, payout schedule, and term, which forms part of these Terms for merchant accounts.
• Luss N Chow charges a flat commission on the order subtotal (excluding delivery fee and VAT) per completed order, with no monthly subscription fee. The current rate is set out in your Merchant Agreement and merchant portal.
• Payouts are processed weekly via bank transfer, net of commission, per the schedule in your Merchant Agreement.
• Merchants are responsible for food safety, quality, accurate menu pricing, and compliance with applicable health and business regulations.
• The initial contract term is 3 months, continuing thereafter month-to-month, terminable by either party with 30 days' written notice.

5. For drivers

• Drivers are independent contractors, not employees of Luss N Chow. You choose when to go online and which delivery offers to accept.
• Delivery offers expire after 45 seconds if not accepted, and are then offered to the next available driver.
• You must hold a valid driver's licence (where applicable to your vehicle type), maintain roadworthy transport, and complete our document verification before accepting deliveries.
• Earnings are paid out weekly via bank transfer based on completed deliveries.

6. Prohibited conduct

You may not: use the Platform for any unlawful purpose; misrepresent your identity, business, or vehicle; attempt to circumvent the Platform to transact directly to avoid fees; harass or abuse other users; or interfere with the Platform's normal operation.

7. Intellectual property

The Luss N Chow name, logo, and app content are owned by LUSSNCHOW (PTY) LTD. Restaurant names, logos, and menu content remain the property of the respective merchant.

8. Liability

The Platform is provided "as is." To the maximum extent permitted by law, Luss N Chow is not liable for indirect or consequential losses arising from use of the Platform, food quality or safety (which is the merchant's responsibility), or delivery delays caused by factors outside our reasonable control (traffic, weather, driver availability). Nothing in these Terms limits liability that cannot lawfully be excluded under South African law, including the Consumer Protection Act, 2008, where it applies.

9. Disputes

We'll always try to resolve issues directly first — contact info@lussnchow.co.za. Where a dispute can't be resolved directly between Luss N Chow and a merchant or driver, it will be referred to arbitration under the rules of the Arbitration Foundation of Southern Africa (AFSA). This Section 9 does not limit a consumer's statutory rights to approach the National Consumer Commission or the courts.

10. Governing law

These Terms are governed by the laws of the Republic of South Africa.

11. Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated via the app or email before they take effect; continued use of the Platform after changes take effect constitutes acceptance.

12. Termination

You may close your account at any time from the Settings screen in the app, or by emailing us. We may suspend or terminate accounts that violate these Terms, engage in fraud, or pose a safety risk to other users.