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1. Introduction
The “Tambi” software application and website at https://tambira.africa/ (the "App") is available for download from various app stores identified by “Tambi” from time to time, on compatible electronic devices, or accessible through the website. The App is owned and operated by Tambira Systems (Private) Limited ("Tambi", "we", "us" and "our").
The App enables users to order and purchase food, beverages, groceries and other items (the "Food") from any of the restaurants, grocery stores, retail outlets, liquor stores, pharmacies or other food/snack outlets listed on the App (each a "Restaurant").
These terms and conditions ("Terms and Conditions") govern the ordering, sale, delivery and collection of Food, and the use of the App. These Terms and Conditions are binding and enforceable against every person that accesses or uses the App ("you", "your" or "user"), including without limitation each user who registers as contemplated below ("registered user"). By using the App, you acknowledge that you have read and agree to be bound by these Terms and Conditions. You must not use the App or Telephone Service if you do not agree to the Terms and Conditions.
2. Important Notice
These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act [Ch 14:14] (the "CPA").
These Terms and Conditions contain provisions that appear in similar text and style to this clause and which -
May limit the risk or liability of Tambi or a third party; and/or
May create risk or liability for the user; and/or
May compel the user to indemnify Tambi or a third party; and/or
Serve as an acknowledgement, by the user, of a fact.
Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Tambi to explain it to you before you accept the Terms and Conditions by continuing to use the App.
Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Tambi in terms of the CPA.
These Terms and Conditions are divided into sections, as follows:
You may order Food via the App. At the time of ordering, you are required to indicate your address, and then you will be given a selection of Restaurants. You will only be allowed to order Food from that selection of Restaurants, which fall within the prescribed area (as determined by Tambi from time to time) surrounding your given address.
Where you have ordered using the App, you may be given the choice of receiving the Food by means of courier, which delivery service shall be carried out either (i) by Tambi or its nominee, or (ii) by a driver whom you mandate to deliver Food on our platform (items (i) and (ii) collectively referred to as the "Courier Delivery"), or by means of self-collection by you or your nominee from the relevant Restaurant ("Self-collection"). Where no choice is given for a Courier Delivery, you will be able to order Food on the App for Self-collection.
We will indicate on the relevant product and checkout pages in the App which Food items are for sale by a particular Restaurant. You can only order Food from one Restaurant at a time, in each order that you place.
You can only place orders for Food from a Restaurant provided that it is open for business and active on the App. You may only place orders for liquor products during the hours permitted by law. We may at any time suspend or terminate the availability of a Restaurant, menu or menu item on the App, in our sole discretion.
You acknowledge that, notwithstanding that the Food may be ordered via the App, you place such order with the relevant Restaurant. The sale of Food (formed on acceptance of an order, as set out in clause 5.2) is solely between the registered user and the relevant Restaurant. Neither Tambi nor any party attending to the Courier Delivery (if applicable) is a party to that sale of Food. Tambi only provides the platform to facilitate transactions between Restaurants and registered users in relation to the Food. Tambi is neither the buyer nor the seller of the Food. Any claims the registered user may have in respect of the Food shall be against the relevant Restaurant.
Because we want you to have a safe and consistent experience, Tambi will be your first point of contact for any complaints arising out of or in connection with the sale of Food between a registered user and a Restaurant. Should such complaint escalate into being a dispute, although Tambi is entitled to become involved in an attempt to resolve it, Tambi is not obliged to do so and any disputes must be resolved between the registered user and the relevant Restaurant.
Only registered users may order via the App.
To register as a user via the App, you must provide Tambi with your unique email address or telephone number, personal details and any other relevant information required. You will thereafter be requested to select your own password.
You will need to use your unique username and password to place an order via the App. You agree that a Tambi operator may call you to confirm your personal details, order information and amount owed. For security purposes you agree to enter your correct username and password whenever ordering Food via the App, failing which we will not process your order.
You agree and warrant that your username and password (if applicable) shall:
not be disclosed by you to any third party.
You agree that, once your correct username and password have been entered (in relation to the App), irrespective of whether the use of the username and/or password is unauthorized or fraudulent, you will be liable for payment of any resulting order.
You agree to notify Tambi immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and/or password and to take steps to minimise any resultant loss or harm.
You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the App. You may use the App only for lawful purposes and may not in any way (including without limitation by use of any robot, spider, other automatic device or manual process) monitor, distribute, display, publish, copy, print, post, modify or otherwise use the App and/or the information contained therein without the express prior written consent of an authorised Tambi representative.
Registered users may place orders for Food, which the Restaurant and/or Tambi may accept or reject. The placing of an order will happen when payment is made by any of the acceptable payment methods in 8.3 and is confirmed on the App. Whether or not the Restaurant and/or Tambi accepts an order depends on various factors, including but not limited to, the availability of Food, capacity for Courier Delivery, correctness of the information relating to the Food (such as the price) and receipt of payment or payment authorisation (if applicable) by Tambi for the Food.
NOTE: Tambi will indicate the acceptance of your order (by Tambi and the Restaurant) by way of notification on the App or email ("Acceptance Notice"), and only at that point will agreements of sale (the "Sale") come into effect between you and:
the Restaurant in respect of the Food; and
if applicable, Tambi in respect of the Courier Delivery services (if you requested Courier Delivery of the Food).
This is regardless of any earlier communication from the Restaurant and/or Tambi stating that your order or payment has been confirmed. Tambi will indicate the rejection of your order by cancelling it, notifying you thereof and credit your Credit Wallet, for the amount you already paid. You can then use this credit either immediately or at a later date when you place your next order with Tambi.
Prior to the Food being delivered to your nominated address or you being notified that the Food is ready for collection (as applicable), we may reject an order or cancel a Sale at any time due to: (i) the Restaurant being unable to fulfil the order; (ii) Courier Delivery services not being readily available (if applicable); and/or (iii) any other reason in Tambi’s sole discretion.
Should you wish to retract your order, you should contact Tambi via telephone immediately, and Tambi will use its reasonable endeavours to effect such retraction. You will not be able to retract your order via the App, or after an Acceptance Notice has been generated. You will not be able to change your order after placing it, but may be able to retract it (subject to the above), and place a new one.
Placing Food in your shopping basket on the App without completing the purchase cycle does not constitute an order for Food, and as such, Food may be removed from the shopping basket if stock is no longer available, or the price thereof might change without notice to you. You cannot hold Tambi and/or the Restaurant liable if such Food is not available or is not available at a particular price when you complete or attempt to complete the purchase cycle at a later stage.
Tambi relies on information supplied to it by the Restaurants relating to the Food, and Tambi accordingly bears no liability for any inaccuracies in such information supplied to it. You acknowledge that stock of all Food on offer may be limited. Tambi will take reasonable efforts to ensure that when Food is no longer available, offers thereof are discontinued on the App. However, we cannot guarantee the availability of Food. When Food is no longer available after you have placed an order or the Restaurant does not accept your order, Tambi will notify you thereof and reject your order or cancel the Sale ("Failed Order").
Tambi will credit your Credit Wallet for the amount you paid in respect of the Failed Order. You can use this credit either immediately or at a later date when you place your next order with Tambi.
Should you wish to have a refund of the amount in your Credit Wallet, please contact us.
You also acknowledge that the pricing of Food may change at any time without notice to you, but no price change will affect any Food ordered in respect of which you have received an Acceptance Notice, except in the case of an obvious pricing error. In the event of an obvious pricing error, we may reject your order or cancel the Sale at any time and you will be entitled to a refund of the amount paid by you for such order.
Any dispute regarding inaccurate information relating to a Restaurant or Food, Food pricing errors or sold-out Food should be resolved between you and the relevant Restaurant; your respective rights and obligations being as set out in these Terms and Conditions.
It is your responsibility to establish from the relevant Restaurant which ingredients will be used when preparing the Food and make the necessary arrangements with such Restaurant to exclude any ingredients if you have any allergies or special requirements (unless such exclusions can be made by you on the App). We cannot and do not guarantee that the Food will be free of allergens and we disclaim any liability relating to any ingredients or allergens contained in Food.
In respect of a pharmacy order, you warrant that you are the authorized person to receive the prescribed medicine to which your order relates.
By using the App you warrant that you are 18 years of age or older and of full legal capacity. If you are under the age of 18 or if you are not legally permitted to enter into a binding agreement, then you may use the App only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then he/she agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
Restaurants may not sell liquor or vaping products to you if you are under the age of 18 (regardless of any supervision by a parent or guardian). You may be requested to provide proof of your age before receiving any liquor or vaping products ordered via the App. The Courier Delivery or Self-collection of any liquor or vaping products may be refused and you will be held liable for all charges relating to such order, should you fail to provide adequate proof that you are 18 years of age or older, or if you appear to be under the influence of drugs or alcohol at the time of delivery or collection of such products.
For each order, you will be charged:
the total Food price by the relevant Restaurant;
where you have selected Courier Delivery, a Courier Delivery fee by Tambi Food, alternatively a driver fee; and
where you have ordered from certain Restaurants as indicated on the App, a personal shopper fee by Tambi Food may be charged in addition to the Courier Delivery fee, or a driver fee,
where such charges are as reflected on the App at the time you place the order (together, the "order charges").
If specifically requested by you, Tambi will provide you with a valid invoice for any fees charged by it or the (as the case may be) in respect of the Courier Delivery. The invoice will be sent to you by email and will also reflect the price of the purchased Food as a line item. Please contact the relevant Restaurant directly if you require a valid invoice in respect of the purchased Food. Contact details of the Restaurant can be requested from Tambi’s national call centre. If any Restaurant fails to provide you with the invoice within 5 business days after your request, you may notify us thereof and we will endeavour to obtain and provide you with the required invoice as soon as possible.
Tambi will receive payment of all order charges and will pay the related portion thereof to the relevant Restaurant. We are authorised to receive payment on behalf of the Restaurant and payment made by you to us for the full price of the order will discharge your payment obligations to the Restaurant.
Payment for your order can be made in one of the following ways (only one payment method may be used to settle the amount due and not a combination of payment methods:
Debit/Credit Card Payment by credit card may only be made when an order is placed via the App. Where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. You will be redirected to the secure site of our payment gateway, which is not owned by Tambi or under Tambi Food's control, and for which you acknowledge Tambi is not responsible in law. Such payment gateway is however committed to upholding strict security standards, and at no stage will Tambi Food store your credit card details (save for the last four digits for payment purposes). We are entitled to withhold processing the order until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation, your order for the Food will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the order charges. You also warrant that your credit card has sufficient available funds to cover all the order charges; and
Instant EFT (paynow):Where payment is made by EFT, we may require additional information in order to authorise and/or verify the validity of payment. You will be redirected to the secure site of our payment gateway, which is not owned by Tambi or under Tambi Food's control, and for which you acknowledge Tambi is not responsible in law. Such payment gateway is however committed to upholding strict security standards, and at no stage will Tambi store your banking details. We are entitled to withhold processing the order until such time as the relevant information is received by us and authorisation is obtained by us for the transaction. If we do not receive authorisation, your order for the Food will be cancelled. You warrant that you are fully authorised to use the bank details supplied for purposes of paying the order charges. You also warrant that your bank account has sufficient available funds to cover all the order charges;
If you have a promotional coupon or discount ("Coupon") that you wish to use with your order, you may only do so via the App. Please see clause 12 for more information about Coupons.
If you order Food for Courier Delivery by Tambi or its nominee (i.e. a Tambi franchisee, an independent contractor or Driver) (the "Courier"):(i) you are required to indicate the physical address to which the Food should be delivered ("Delivery Address"); (ii) you are not allowed to change the Delivery Address after submitting your order; and (iii) you will only be allowed to order Food from Restaurants within the prescribed range (as determined by Tambi) from your Delivery Address.
If you order Food for Self-collection: (i) you should indicate a physical address, in order for Tambi to provide you with a selection of Restaurants in such area; and (ii) you will only be allowed to order Food from such Restaurants.
Where you have requested the Food to be delivered to you by way of Courier Delivery and you have received an Acceptance Notice:
the Courier will endeavour to deliver the Food to you by the estimated delivery time specified in the Acceptance Notice, however, delivery times are not guaranteed and may be adjusted by us in our reasonable discretion. Events outside of the Courier’s control such as traffic, inclement weather conditions and delays by the Restaurant in relation to your order may result in a delay of the delivery of the Food, but the Courier will continue with its efforts to deliver the Food to you as soon as possible in the circumstances; and
Our obligation to deliver the Food is fulfilled when the Courier delivers the Food to the Delivery Address. The Courier is only responsible for the delivery of the Food to the Delivery Address. the Courier arrives at the Delivery Address, and you fail to open the door or respond to its telephone calls within 10 minutes, the Courier may leave the premises, taking the Food with it, and you will remain liable for payment of all order charges. If you are not able to be present at the Delivery Address to accept delivery of the Food, it is your responsibility to arrange for someone else to accept the delivery at such address and pay for the order on your behalf if payment has not yet been made. Neither Tambi nor the Restaurant is responsible for any loss or unauthorised consumption of Food, after the Courier has delivered the Food to the Delivery Address.
Where you have ordered Food for Self-collection from the Restaurant, and you have received an Acceptance Notice:
you or your nominee should display a copy of the Acceptance Notice to the Restaurant upon collection of the Food; and
the Restaurant is responsible for making the Food available for collection by you or your nominee at its premises, at the estimated collection time set out in the Acceptance Notice. If you or your nominee fails to collect the Food or respond to our or the Restaurant’s telephone calls, within 60 minutes after the estimated collection time, the Restaurant may dispose of the Food in any manner which it deems fit and you will remain liable for payment of the Food.Any dispute regarding the Restaurant failing to make the Food available at the collection time or within 60 minutes thereafter, should be resolved between you and the relevant Restaurant; your respective rights and obligations being as set out in these Terms and Conditions.
We shall take all reasonable efforts to accurately reflect or inform you of the Food description, availability, purchase price and Courier Delivery service charges via the App. However, should there be any errors of whatsoever nature on the App (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to an order or Sale based on any error, the rejection of an order or the cancellation of a Sale, save to the extent of refunding you for any amount already paid.
We want you to be happy with your purchase. Please let us know by telephone or email as soon as possible if there is a problem with your Food quality and/or temperature, if you receive the wrong Food or if you receive Food which is not as described on the App.
Save where we determine in our sole discretion that the cause for the complaint was due to the fault of the Restaurant, we will communicate your complaint to the relevant Restaurant, and thereafter the matter will need to be resolved by the parties to the Sale of Food, being you and the Restaurant, and Tambi shall bear no liability in relation to such complaint. Tambi may in its sole and absolute discretion provide you with compensatory amount in your Credit Wallet
If we are unable to resolve your complaint to your satisfaction or we cannot resolve your complaint to your satisfaction, you can approach an Arbitrator to be able to reach an amicable conclusion.
Tambi may from time to time make Coupons available for use on the App towards the purchase of Food. Coupons can only be redeemed while they are valid and their expiry dates cannot be extended.
Coupons are issued in Tambi’s sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason. Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
Unless otherwise stated under the specific terms and conditions regulating the Coupon:
each Coupon can only be used once as per the Coupon campaign terms and conditions;
only one Coupon can be used per order;
only one Coupon can be used per person per promotion/campaign on the App;
a Coupon must be used at check-out – it cannot be used later on existing orders;
Coupons with a percentage discount offer may only be redeemed on purchases with a total cart value of less than USD$50.00; and
the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
Coupons cannot be used to buy other Coupons, and cannot be exchanged or refunded for cash or credit. However, if you use a Coupon and your order is rejected or your Sale is cancelled, your Coupon will be made available for use again.
Tambi is not responsible for any loss or unauthorised use of a Coupon.
Tambi may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the App.
Any such change will only apply to your use of the App after the change is displayed in these Terms and Conditions. If you use the App or Telephone Service after such amended Terms and Conditions have been displayed, you will be deemed to have accepted such changes.
When you use the App or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our Privacy Policy.
The contents of the App, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in the App ("App Content") are protected by law, including but not limited to copyright and trade mark law. The App Content is the property of Tambi, its advertisers and/or sponsors, and/or is licensed to Tambi.
You will not acquire any right, title or interest in or to the App or the App Content.
Any use, distribution or reproduction of the App Content is prohibited unless expressly authorised by an authorised Tambi representative or otherwise provided for in law. To obtain permissions for the commercial use of any App Content, [email protected]
The use of the App is entirely at your own risk and you assume full responsibility for any risk or loss resulting from such use or reliance on any information on the App.
Whilst Tambi takes reasonable measures to ensure that the content of the App is accurate and complete, Tambi makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the App, or as to the accuracy, completeness or reliability of any information on the App. If any such representations or warranties are made by Tambi’s representatives, Tambi shall not be bound thereby.
Tambi disclaims liability for all damage, loss or expense, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the App and/or any content therein, unless otherwise provided by law.
Any views or statements made or expressed on the App are not necessarily the views of Tambi, its directors, employees and/or agents.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, also makes no warranty or representation, whether express or implied, that the information or files available on the App are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Tambi, its employees, agents or authorised representatives. Tambi thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the App.
The App may contain links or references to other websites ("Third Party Websites") which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third-Party Websites and Tambi is not responsible for the practices and/or privacy policies of those Third Party Websites or the "cookies" that those sites may use.
Notwithstanding the fact that the App may refer to or provide links to Third Party Websites, your use of such Third-Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
Tambi cannot be held liable for any inaccurate information published on the App end/or any incorrect prices displayed on the App or communicated, save where such liability arises from the gross negligence or wilful misconduct of Tambi, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to [email protected] or by phone at (+263) 078 8 157 430.
TAMBIRA SYSTEMS OR TAMBI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE APP OR THE CONTENT CONTAINED IN THE APP; OR YOUR INABILITY TO USE THE APP, AND/OR UNLAWFUL ACTIVITY ON THE APP, AND/OR ANY LINKED THIRD PARTY WEBSITE OR MOBILE APPLICATION. SHOULD IT BE FOUND THAT TAMBI FOOD IS LIABLE TO YOU, SUCH LIABILITY SHALL BE LIMITED TO THE ORDER CHARGES RELATING TO YOUR PARTICULAR ORDER.
YOU HEREBY INDEMNIFY TAMBI FOOD AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THE APP AND/OR ANY LINKED THIRD-PARTY WEBSITE OR MOBILE APPLICATION.
NOTWITHSTANDING THE INDEMNITIES GIVEN ABOVE, YOU HEREBY INDEMNIFY TAMBIRA SYSTEMS OR TAMBI AGAINST ANY LOSS OR DAMAGES OF WHATSOEVER NATURE SUFFERED IN RELATION TO, OR IN CONNECTION WITH, THE USE OF TAMBI SERVICES FOR YOUR ORDERS. YOU HEREBY ACKNOWLEDGE THAT TAMBI IS ONLY A DELIVERY SERVICE IN RESPECT OF SUCH ORDERS.
We will use reasonable endeavours to maintain the availability of the App, except during scheduled maintenance periods, but are entitled at any time to discontinue providing the App or any part thereof with or without notice to you.
Tambi may in its sole discretion terminate, suspend, and modify the App, with or without notice to you. You agree that Tambi will not be liable to you in the event that it chooses to suspend, modify or terminate the App, other than for processing any orders made by you prior to such time, to the extent possible.
If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Food, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the App, without any prejudice to any claims for damages or otherwise that we may have against you.
Tambi is entitled to blacklist you on its database (including suspending or terminating your access to the App), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Tambi, in whole or in part, on notice to you:
○for purposes of preventing suspected fraud or abusive behaviour towards staff; or
○where it suspects that you are abusing the App; or
○you have created multiple user profiles to take advantage of a promotion or Coupon intended by Tambi to be used once-off by you.
Tambi accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
As between you and Tambi, you and any Courier, Driver or any Restaurant, no party will be liable to any other party for any delay or failure in performing its obligations (excluding payment obligations) in terms of these Terms and Conditions due to an event beyond its control, including but not limited to, an act of God, fire, flood, earthquake or war.
These Terms and Conditions, the relationship between you and Tambi, any Restaurant or any Courier, and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Zimbabwe. Your continued use of the App will constitute your consent and submission to the jurisdiction of the Zimbabwean courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
In the event of any dispute arising between you and Tambi, you hereby consent to the non-exclusive jurisdiction of the relevant Court for the proceedings to be heard, notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
Nothing in this clause 25 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
Tambi hereby selects 813 Mukarakate Square Highlands Harare, Zimbabwe (with a copy to [email protected] , which copy must be given in order for notice to be validly given) as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions ("legal address"). Tambi may change this address from time to time by updating these Terms and Conditions.
You hereby select the email address and any delivery address specified with your orders as your legal address, but you may change it by giving Tambi not less than 7 days’ notice in writing.
Notices must be sent either by hand, prepaid registered post or email and must be in English. All notices sent -
by hand will be deemed to have been received on the date of delivery;
by prepaid registered post, will be deemed to have been received 10 days after the date of posting; and
by email before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the email. All emails sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day, unless the contrary is proved.
For the purposes of the Freedom to Information Act, Tambi’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the App:
Full name: Tambira Systems (Pty) Ltd, a private company registered in Zimbabwe with registration number 25347/2022.
Main business: Food ordering and courier service
Physical address for receipt of legal service (also postal and street address): 813 Mukarakate Square Highlands Harare, Zimbabwe (marked for attention: CEO and Legal), with a copy to [email protected], which copy must be given in order for notice to be validly given
Office bearers: Tatenda Muchatibaya, Kadiatou Diallo
Phone number: +263 78 8 157 430
Official email address: [email protected]
In terms of the Constitution of Zimbabwe read together with the Freedom of Information Act. Restaurants’ information is available in the relevant Product listing via the application.
Intellectual property complaints: [email protected]
Tambi may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the App, or the user’s right to use the App, or any of its contents, subject to us processing any orders then already made by you.
You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
Any failure on the part of you or Tambi to enforce any right in terms hereof shall not constitute a waiver of that right.
If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
No indulgence, extension of time, relaxation or latitude which either you or Tambi (the "grantor") may show, grant or allow to the other of them (the "grantee") shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
These Terms and Conditions contain the whole agreement between you and Tambi and no other warranty or undertaking is valid, unless contained in this document.