By accessing or using the App and Website, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, you must not use the App or Website.

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you and Thumo. By creating an account, placing an order, or otherwise accessing or using the App and Website, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as any additional terms and conditions and policies referenced herein or made available through the App and Website (such as our Privacy Policy).

2. Services Provided

Thumo provides an online platform that connects users ("Users" or "you") with independent restaurants and food vendors ("Restaurants") and independent delivery drivers ("Drivers") to facilitate the ordering, payment, and delivery of food and beverages. Thumo acts solely as an intermediary and does not directly prepare, sell, or deliver food.

3. Eligibility

To use the Thumo App and Website, you must be at least 18 years old and have the legal capacity to enter into a binding agreement. By using the App and Website, you represent and warrant that you meet these eligibility requirements.

4. User Accounts

Registration: To access certain features of the App and Website, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

Account Security: You are responsible for maintaining the confidentiality of your account password and are solely responsible for all activities that occur under your account. You agree to notify Thumo immediately of any unauthorized use of your account or any other breach of security. Thumo will not be liable for any loss or damage arising from your failure to comply with this security obligation.

One Account: You may only create and maintain one user account.

Account Termination: Thumo reserves the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to, a violation of these Terms, fraudulent activity, or illegal conduct.

5. Ordering and Delivery

Order Placement: When you place an order through the App or Website, you are making an offer to purchase food from the selected Restaurant. All orders are subject to availability and acceptance by the Restaurant.

Pricing: Prices for food items are set by the Restaurants and are subject to change. Thumo strives to display accurate pricing, but errors may occur. In the event of a pricing error, Thumo or the Restaurant may, at their discretion, cancel your order or contact you for further instructions.

Delivery Fees: A delivery fee will be charged for each order, as displayed in the App or Website. This fee contributes to the compensation of the Drivers and the operational costs of Thumo.

Payment: All payments for orders placed through the App and Website must be made through the designated payment methods. You agree to provide valid payment information and authorize Thumo to charge your selected payment method for the total amount of your order, including food costs, delivery fees, and any applicable taxes.

Order Confirmation: Upon successful placement of an order and payment, you will receive an order confirmation.

Delivery Times: Estimated delivery times are provided for your convenience but are not guaranteed. Delivery times may vary due to factors such as traffic, weather, Restaurant preparation time, and Driver availability. Thumo will not be liable for any delays in delivery.

Delivery Responsibility: Drivers are independent contractors, and Thumo is not responsible for their actions or inactions. However, Thumo will endeavor to address any delivery-related issues promptly.

Unsuccessful Delivery: If a delivery cannot be completed due to your fault (e.g., incorrect address, no one available to receive the order), you may still be charged for the order.

Order Cancellation: You may be able to cancel an order within a short timeframe after placing it, as specified in the App. Once the Restaurant has started preparing the order, cancellations may not be possible, and you may still be charged the full amount. Restaurants or Thumo may cancel an order due to unforeseen circumstances (e.g., food unavailability, driver unavailability). In such cases, you will receive a full refund.

6. User Conduct

You agree to use the App and Website in a responsible and lawful manner. You agree not to:

1. Use the App or Website for any illegal or unauthorized purpose.
2. Violate any applicable laws or regulations in Eswatini or elsewhere.
3. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
4. Interfere with or disrupt the operation of the App or Website, or the servers or networks connected to the App or Website.
5. Upload or transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature.
6. Collect or store personal data about other users without their express consent.
7. Engage in any activity that is harmful, offensive, or otherwise objectionable to Thumo, Restaurants, Drivers, or other users.
8. Harass, abuse, or threaten any Thumo staff, Restaurants, or Drivers.

7. Ratings and Reviews

The App and Website may allow you to submit ratings and reviews of Restaurants and Drivers. You agree that any ratings and reviews you submit will be accurate, truthful, and not misleading. Thumo reserves the right to remove any ratings or reviews that violate these Terms or are deemed inappropriate.

8. Intellectual Property

All content on the Thumo App and Website, including text, graphics, logos, images, software, and other materials, is the property of Thumo or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, distribute, or create derivative works of any content without the express written permission of Thumo.

9. Disclaimers

"As Is" Basis: The Thumo App and Website are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied.

No Guarantees: Thumo does not guarantee that the App or Website will be uninterrupted, error-free, secure, or free from viruses or other harmful components.

Restaurant and Driver Responsibility: Thumo does not endorse, guarantee, or assume responsibility for the quality, safety, or legality of the food offered by Restaurants or the conduct of Drivers. You acknowledge that Thumo is not responsible for any acts or omissions of Restaurants or Drivers.

Food Allergies and Dietary Restrictions: While some Restaurants may provide allergy information, Thumo does not guarantee the accuracy or completeness of such information. It is your responsibility to communicate any food allergies or dietary restrictions directly with the Restaurant before placing an order.

10. Limitation of Liability

To the fullest extent permitted by law, Thumo shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the App or Website; (ii) any conduct or content of any third party on the App or Website; (iii) any content obtained from the App or Website; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

In no event shall Thumo's total liability to you for all damages, losses, and causes of action exceed the amount paid by you to Thumo for the services giving rise to the liability in the twelve (12) months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless Thumo, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with (i) your access to or use of the App or Website; (ii) your violation of these Terms; (iii) your violation of any rights of another, including but not limited to, any intellectual property right or privacy right; or (iv) any claim that your use of the App or Website caused damage to a third party.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Eswatini, without regard to its conflict of law principles.

Any dispute, controversy, or claim arising out of or relating to these Terms or your use of the App or Website shall be settled by negotiation between the parties. If negotiation fails, the dispute shall be submitted to mediation in Eswatini. If mediation is unsuccessful, the dispute shall be finally settled by arbitration in Eswatini in accordance with the rules of the Conciliation, Mediation and Arbitration Commission (CMAC) or any other mutually agreed-upon arbitration body. The language of the arbitration shall be English.

13. Changes to Terms

Thumo reserves the right to modify or revise these Terms at any time, in its sole discretion. We will notify you of any material changes by posting the updated Terms on the App and Website and updating the "Last Updated" date. Your continued use of the App and Website after such modifications constitutes your acceptance of the revised Terms.

14. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Thumo regarding your use of the App and Website.