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Terms and Conditions

Mobile Application OnlyEat® by NOVA TECH LTD

Article 1. – Purpose

These Terms and Conditions of Sale and Use, including the management of data protection and connection cookies, govern the relationship between NOVA TECH LTD, operator of the OnlyEat® website and application, and any person wishing to order meals for home delivery via said application.

Article 2. – User Account

2.1. Access

Access is restricted to users who are of legal age and have legal capacity under Mauritian law and in particular under the Mauritian Civil Code. An internet connection and a compatible device are required to use the services.

2.2. Account Creation

Users must create an account by providing accurate information; They are responsible for the security and confidentiality of their login credentials. Each user may only create one account.

2.3. Use of the Application

NOVA TECH LTD offers a service allowing users to order meals from partner restaurants and track the delivery in real-time. The user agrees to use the platform in accordance with the law and these terms.

2.4. Account Suspension and/or Termination

Without prior notice and without formal notification, NOVA TECH LTD reserves the discretionary right to suspend or terminate a user account in the event of non-compliance with any of the provisions of these terms and conditions of use or in case of suspicious activity.

Article 3. – Orders

3.1. Order Process

The order process is as follows:

  • The user selects the meals via the platform and validates the order after a summary showing the prices, delivery fees, and estimated times
  • The user proceeds with the payment of the order via a secure online payment application
  • The order is confirmed once the payment is validated.

3.2. Modifications or Cancellations

Once confirmed, an order may not be modified or cancelled unless agreed upon by the concerned restaurant. The conditions for modifying or cancelling an order, including deadlines, are set by each partner restaurant.

3.3. Acceptance of these Terms and Conditions of Use

By confirming an order on the OnlyEat® application, the user acknowledges having read, understood and accepted fully and unreservedly these Terms and Conditions of Use: to this end, a clearly visible statement is displayed on the order confirmation page, worded as follows: “By placing an order, you accept our Terms and Conditions of Sale and Use.”

This statement is directly linked to a hyperlink leading to these terms and conditions of use, available for consultation.

Order validation without a checkbox constitutes a valid and legal acceptance of these terms and conditions of use, in accordance with the applicable laws of Mauritius and in particular the Mauritian Civil Code.

To prove the application of these terms and conditions of use in the event of a dispute, NOVA TECH LTD keeps an electronic record of their acceptance (order timestamp, user IP address, navigation logs) in accordance with applicable data protection and retention laws in Mauritius.

Article 4. – Price, Payment and Delivery

4.1. Price

Prices displayed on the application include the applicable VAT on the concerned product in Mauritius as well as all direct and/or indirect commissions or fees owed to NOVA TECH LTD, the restaurant, and any other relevant third party.

These prices vary according to geographical areas and are clearly broken down between the price of the actual order from the restaurant and the delivery fee.

4.2. Payment and Possible Refunds

Payments are made through secure payment methods in compliance with standards in force in Mauritius and available through the application. Payment may be made by credit card using its own secure payment mechanism, via the “Blink” secure payment system of the State Bank of Mauritius, or via the “Juice” secure payment system of the Mauritius Commercial Bank.

NOVA TECH LTD shall not be held liable in any way whatsoever for the refusal of an online transaction due to incorrect information entered by the user or incorrect information provided to the user’s bank, or for the non-receipt of a confirmation code by SMS or any other equivalent means due to temporary transmission issues beyond the control of NOVA TECH LTD.

Furthermore, the user agrees under these terms to waive the right to contest an online transaction on fraudulent grounds if the authentication process using a secure payment method as described above was completed.

Any payment made after order validation as described in section 3.1. of these terms and conditions of use may only be refunded with the agreement of the concerned restaurant. The refusal of the latter is not the responsibility of NOVA TECH LTD, as further specified in section 6.2. of these terms.

However, NOVA TECH LTD will proceed with the refund of any amount possibly received by the restaurant that ultimately did not result in order confirmation.

4.3. Delivery

Delivery is available only in the zones specified on the platform.

Delivery times provided on the OnlyEat® platform are strictly indicative. They may vary depending on various factors, including but not limited to: (i) traffic conditions, (ii) weather conditions, (iii) availability and preparation speed of partner restaurants, or (iv) any logistical constraints of the delivery person.

To facilitate order tracking, a direct communication link with the delivery person is available on the application, allowing: (i) confirmation of the delivery address, (ii) access to delivery status updates, and (iii) reporting of any issues.

Article 5. – User Obligations

5.1. Accuracy of Information Provided

The user must provide accurate information when creating their account and validating orders (address, contact details, payment methods).

5.2. Proper Use of the Platform

Users are prohibited from: (i) using the platform for fraudulent or illegal purposes, (ii) disrupting the normal functioning of the platform, or (iii) defaming or harming the image of NOVA TECH LTD, partner restaurants or delivery persons.

5.3. Responsibility in Case of Misuse

The user is solely responsible for the use of their credentials and for the consequences of fraudulent or unauthorized orders placed from their account.

Article 6. – Liability of NOVA TECH LTD

6.1. General Limitation of Liability

NOVA TECH LTD acts solely as an intermediary between users, partner restaurants and delivery persons. As such, NOVA TECH LTD shall not be held liable for direct, indirect or consequential damages related to: (i) the quality or compliance of meals, (ii) delivery delays or errors, or (iii) inaccurate or incomplete information provided by partner restaurants.

6.2. Specific Exclusions of Liability

NOVA TECH LTD shall not be held liable in the event of:

  • Non-compliance of the product with applicable hygiene, food safety, shelf life, traceability, or product origin standards
  • Food allergies or intolerances not reported by the user
  • Non-delivery, delay, or error in the order attributable to the restaurant
  • Refusal by the restaurant to modify the order after confirmation
  • Losses or damages resulting from the use of the platform or application (e.g., misuse by the user, temporary or permanent service interruption due to technical or other reasons)
  • Lack of service coverage in the user’s geographical area
  • Indicative delivery times not met for reasons beyond the user’s control, as stated in article 4.3.

Article 7. – Intellectual Property

All content available on the platform (texts, images, logos, graphics, etc.) is the exclusive property of NOVA TECH LTD and is protected by intellectual property laws.

The user agrees not to reproduce, copy, or exploit such content without prior written permission from NOVA TECH LTD.

Article 8. – Force Majeure

Force Majeure means any event outside NOVA TECH LTD’s control, normally irresistible and unforeseeable at the time of the Order, which would make it impossible for NOVA TECH LTD to fulfill all or part of its obligations, or to meet deadlines, under these terms and conditions of use.

The following shall be considered as Force Majeure events in particular: sabotage or terrorism, war (declared or undeclared), insurrection or revolution, strike (excluding those involving only the invoking party’s personnel), epidemic, aircraft crash, spread of a new computer virus or system failure, cyclone of exceptional intensity or other natural disaster, chemical explosion or radiation.

In such a case of force majeure, NOVA TECH LTD shall be excused for the non-performance or partial performance of its obligations, to the extent that such performance is effectively prevented.

Article 9. – Applicable Law

The applicable laws are those in force in the Republic of Mauritius, including the Mauritian Civil Code, the Consumer Protection (Prices and Supplies Control) Act , the Fair Trading Act , and the Data Protection Act .

Article 10. – Company Identification

  • Company name: NOVA TECH LTD
  • Address: Office No.1 – First Floor – Block A, La Tourelle, View B, La Preneuse, 1906-2
  • Company registration number: C24214943

Article 11. – OnlyEat Wallet (Stored Value Facility)

11.1. Definition and Purpose The OnlyEat Wallet is an internal stored-value balance linked to the user’s account. It allows the user to pay for eligible orders (meals and delivery services) directly from their OnlyEat account, without having to re-enter their payment details for each transaction.

The OnlyEat Wallet does not constitute a financial service, a bank account, or an investment product. It is a closed-loop payment facility that can only be used within the OnlyEat ecosystem to pay for physical orders.

11.2. Top-ups and Use The user may top up their OnlyEat Wallet via the secure payment methods offered in the application. All transactions are processed by Peach Payments, in compliance with Mauritian regulations on stored value facilities. OnlyEat never has access to the user’s banking details; all such data is encrypted and managed directly by Peach Payments.

The balance available in the OnlyEat Wallet may be used to pay all or part of the amount of an order. If the Wallet balance is insufficient, the user may complete the payment with another accepted payment method.

Amounts credited to the OnlyEat Wallet are non-refundable, non-transferable and cannot be converted into cash. The Wallet does not unlock any subscription, bonus, digital content or digital service.

11.3. Refunds and Expiry In the event of order cancellation, any refund (where applicable) may be credited back to the user’s OnlyEat Wallet, unless a technical error attributable to NOVA TECH LTD or a different legal obligation requires another refund method.

The balance in the OnlyEat Wallet remains valid as long as the user account is active. In case of prolonged inactivity, NOVA TECH LTD reserves the right to deactivate or delete an inactive Wallet balance after more than twenty-four (24) months of inactivity, subject to prior notice of thirty (30) days (by email or in-app notification).

11.4. Specific Terms and Link Specific terms and conditions apply to the use of the OnlyEat Wallet. By using or topping up the Wallet, the user acknowledges having read and accepted these specific terms. They are available at the following link: OnlyEat Wallet Terms and Conditions

In the event of any inconsistency between these Terms and Conditions of Sale and Use and the OnlyEat Wallet Terms and Conditions, the latter shall prevail for all matters specifically relating to the operation and use of the OnlyEat Wallet.

Article 12. – Amicable Resolution, Mediation and Competent Court

In the event of a dispute related to an order (e.g. delay, meal quality, incorrect billing), the user is invited to first contact:

  • The partner restaurant directly for issues related to preparation or delivery
  • The NOVA TECH LTD customer service for other issues.

If the dispute is not resolved amicably between the user and NOVA TECH LTD, the user has the option to contact a consumer mediator free of charge to attempt to resolve the dispute amicably by:

  • (i) providing their full contact details,

  • (ii) summarizing the dispute, and

  • (iii) explaining the steps already taken with NOVA TECH LTD.

The mediator will review the case and propose a solution to resolve the dispute amicably.

In accordance with regulations in force in Mauritius, NOVA TECH LTD provides the contact details of the competent consumer mediator:

  • Name of authorized mediator: Ministry of Commerce and Consumer Protection
  • Postal address: 8th Floor, Air Mauritius Centre, John Kennedy Street, Port Louis, Mauritius
  • Email address: mcpd@govmu.org
  • Website: http://commerce.govmu.org

The courts of Mauritius shall have jurisdiction over any dispute that is not resolved amicably.