HmperCo Master Terms & Conditions

1Introduction

1.1 These Terms and Conditions ("Terms") are a legally binding agreement between you ("you", "the Customer", "User") and HmperCo (Pty) Ltd, registration number 2019/474625/07, ("HmperCo", "we", "us", "our"), a company registered in the Republic of South Africa with its registered address at 203 LaGuardia Building, Centurion, Gauteng, 0157.

1.2 These Terms govern your access to and use of the HmperCo website at www.hmperco.co.za, the HmperCo mobile application, and all related services, including hamper purchases, the Create Your Own Hamper builder, the Stokvel programme, the Split & Sell ("SnS") programme, vouchers, wholesale and business accounts, and delivery services (together, the "Platform").

1.3 By creating an account, placing an order, enrolling in Stokvel or SnS, or otherwise using the Platform, you confirm that you have read, understood and agree to be bound by these Terms and by every policy incorporated into them by reference, including the Privacy Policy, Returns Policy, Delivery Policy, Payments Policy, Vouchers & Gift Vouchers Policy, and, where applicable, the Stokvel Agreement and the Split & Sell Terms.

1.4 If you do not agree to these Terms, you must not use the Platform. If you are accepting these Terms on behalf of a business, organisation, group or Stokvel, you confirm that you have the authority to bind that entity or group, and references to "you" include that entity or group.

2Definitions & Interpretation

2.2 Headings are for convenience only and do not affect interpretation. Words importing one gender include the others; the singular includes the plural and vice versa; "including" is not a term of limitation; and references to legislation include amendments and re-enactments.

3Eligibility & Registration

3.1 General eligibility

To register an Account and transact on the Platform you must be at least 18 years old, or if you are a minor, you may only use the Platform with the involvement and consent of a parent or legal guardian who accepts these Terms on your behalf and who takes responsibility for the transaction.

3.2 Individual registration

Individual Users register using accurate personal details, a valid South African contact number, a valid email address and, for delivery purposes, a valid physical address. You are responsible for the accuracy of the information you provide.

3.3 Business, organisation and group registration

Business Users must provide company/entity name, registration number (where applicable), VAT number (where applicable), an authorised representative's details, and proof of authority to transact on the entity's behalf. HmperCo may request supporting documentation before activating a Business Account and may decline registration where documentation is inadequate or cannot be verified.

3.4 Stokvel registration

Stokvel registration requires nomination of at least one authorised representative, member consent as set out in the Stokvel Legal Framework & Member Agreement, and accurate contribution and banking details. Full Stokvel-specific terms, including cancellation, refund and member-dispute provisions, are set out in that separate agreement, which forms part of these Terms by reference for Stokvel Users.

3.5 Split & Sell (SnS) registration

SnS registration is subject to eligibility verification (including, where applicable, student verification) and is governed additionally, and in full, by the Split & Sell Terms & Conditions, which form part of these Terms by reference for SnS Users.

3.6 Verification and account activation

HmperCo may verify any information provided at registration, including via One-Time Pin (OTP), email confirmation, or supporting documents, and may suspend or decline an Account pending verification.

4Accounts & Security

1. You are responsible for maintaining the confidentiality of your Account credentials, including your password and any OTPs sent to your registered contact number or email, and for all activity that occurs under your Account.
2. You must notify HmperCo immediately at thankyou@hmperco.co.za if you suspect unauthorised access to, or use of, your Account.
3. HmperCo is not liable for loss arising from your failure to keep your Account credentials secure, save to the extent such loss arises from HmperCo's own negligence or breach of these Terms.
4. HmperCo may suspend or terminate an Account in accordance with clauses 13 and 19 where these Terms are breached, where fraud is suspected, or where required by law.
5. You may request deletion of your Account at any time, subject to HmperCo's right to retain records required for legal, tax, dispute-resolution or fraud-prevention purposes as described in the Privacy Policy.

5Products, Pricing & Orders

5.1 Product descriptions and images

HmperCo takes reasonable steps to ensure Product descriptions, weights, images and specifications are accurate. Fresh produce, meat and other perishable items may vary naturally in appearance, weight or size, as described further in the Food, Meat, Fresh Produce & Perishables Policy. Colours displayed may vary slightly depending on your device screen.

5.2 Pricing

All prices are displayed in South African Rand and, unless stated otherwise, are inclusive of VAT where applicable. HmperCo reserves the right to correct genuine pricing errors. If a pricing error is discovered after an Order is placed, HmperCo will notify you before dispatch and give you the option to confirm the Order at the correct price or cancel it for a full refund, in line with ECTA's obligation to give consumers the opportunity to correct or withdraw from a transaction affected by a material error.

5.3 Availability and substitutions

Products are subject to availability. Where a Product becomes unavailable after you order it, HmperCo will notify you as required by section 46 of ECTA and, where fulfilment cannot occur within the time indicated, offer a substitution (where you have consented to substitutions), a delayed fulfilment date, or a full refund.

5.4 Order formation, review and acceptance

1. Before finalising checkout, you will be shown a summary of your Order — Products, quantities, delivery address, pricing, delivery fees and applicable Vouchers — and given the opportunity to correct any errors before submitting payment, as required by section 43(2) of ECTA.
2. Submission of an Order is an offer to purchase; a contract is only formed once HmperCo accepts the Order, evidenced by an order confirmation sent to your registered email or in-app notification.
3. HmperCo may decline or cancel an Order — including after acceptance — where: Products are unavailable; a pricing or listing error has occurred; payment cannot be verified or authorised; fraud is suspected; the delivery address falls outside HmperCo's delivery zones; or the Order breaches these Terms. Where an Order is declined or cancelled by HmperCo after payment, a full refund will be processed in accordance with clause 8.

5.5 Amendments and cancellation by the Customer

You may request an amendment or cancellation of an Order before it has been dispatched or prepared for delivery by contacting HmperCo. Once an Order has entered picking, packing or dispatch, cancellation may no longer be possible and the Returns Policy will apply instead.

6Payment

6.1 HmperCo accepts payment via the methods displayed at checkout, including card payment, instant EFT, Ozow, Yoco, PayFast, Capitec Pay, EFT, and Pay on Delivery (capped at R499.99 for first-time buyers, subject to additional terms). Full detail is set out in the Payments Policy.

6.2 Payment must be successfully authorised before an Order is accepted. Declined, pending, duplicate or disputed payments are handled in accordance with the Payments Policy.

6.3 For Stokvel and SnS Users, additional payment, contribution and payout terms apply as set out in the Stokvel Legal Framework and the Split & Sell Terms respectively.

6.4 HmperCo uses reasonable technical and organisational measures, consistent with POPIA, to protect payment information, but does not itself store full card details, which are handled by HmperCo's accredited payment service providers (Ozow, Yoco, PayFast, and Capitec Pay).

7Delivery & Collection

7.1 Delivery timeframes, fees, zones and exceptions (including same-day, next-day and scheduled delivery, cold-chain handling for perishables, and failed-delivery procedures) are set out in full in the Delivery & Logistics Policy, which forms part of these Terms.

7.2 Risk in Products passes to you on delivery to the address you provided, or on collection, save that where a Product is damaged in transit due to HmperCo's or its Driver Partner's negligence, HmperCo will remedy this in accordance with the Returns Policy.

7.3 You are responsible for ensuring the delivery address and access instructions you provide are accurate and that someone is reasonably available to receive the delivery, or that safe-drop or collection-point instructions are provided where permitted.

8Returns, Refunds & Exchanges

8.1 Your rights to return Products, request a refund, exchange, repair or replacement — including for changed-mind returns, defective, damaged, incorrect or incomplete Products, and the specific rules applicable to perishables, hygiene-sealed products, digital products, Stokvel and SnS purchases — are set out in full in the Returns, Refunds, Exchanges, Repairs & Replacements Policy, which forms part of these Terms.

8.2 Nothing in these Terms limits your statutory rights under the CPA, including your right to return unsafe or defective goods, which exist independently of, and in addition to, HmperCo's Returns Policy.

8.3 Refunds are processed to the original payment method wherever possible, or as store credit/Voucher where you elect this or where required by the Vouchers Policy, within the timeframes stated in the Returns Policy and the Payments Policy.

9Vouchers, Coupons & Promotions

9.1 Vouchers, gift vouchers, coupon codes and promotions are governed in full by the Vouchers, Coupons & Gift Vouchers Policy and, where relevant, the Promotions, Events, Competitions & Marketing Policy, each of which forms part of these Terms.

9.2 Unless a Voucher's specific terms expressly say otherwise, Vouchers are not redeemable for cash, are not transferable for commercial resale, and are subject to the validity period, minimum-spend and exclusion rules stated at the time of issue.

10Reviews & User Content

10.1 Where you submit a review, rating, photograph, comment or other content to the Platform, you grant HmperCo a non-exclusive, royalty-free, worldwide licence to use, reproduce, display and adapt that content in connection with operating and promoting the Platform.

10.2 You must not submit content that is false, defamatory, unlawful, infringes another person's rights, or is submitted in exchange for undisclosed incentives. HmperCo may moderate, edit or remove content that breaches this clause or the Reviews, Ratings & User-Generated Content Policy.

11Intellectual Property

11.1 The Platform, including its design, text, graphics, logos, the HmperCo name and mark, software and underlying code, is owned by or licensed to HmperCo and is protected by South African and international intellectual property law. Full detail is set out in the Intellectual Property, Logo & Brand Policy.

11.2 You may not reproduce, copy, scrape, reverse-engineer or commercially exploit any part of the Platform without HmperCo's prior written consent.

12Acceptable Use & Prohibited Conduct

You must not use the Platform to: submit false or misleading information; attempt to circumvent SnS or Stokvel programme rules, including off-platform sales that bypass HmperCo fees; interfere with the security or operation of the Platform; engage in abusive returns, voucher or promotion behaviour; harass Driver Partners or HmperCo staff; or engage in any unlawful activity. Breach of this clause may result in Account suspension or termination under clause 13.

13Fraud, Account Suspension & Termination

1. HmperCo may investigate, suspend or terminate an Account, and may decline, cancel or reverse Orders, where it reasonably suspects fraud, misuse of Vouchers, payment fraud, chargeback abuse, returns abuse, or a breach of these Terms or any incorporated policy.
2. Full detail on fraud prevention, investigation and escalation is set out in the Fraud, Abuse, Account Security & Responsible Disclosure Policy.
3. Where an Account is suspended or terminated, HmperCo will, where reasonably possible, notify you of the reason and any steps you may take, save where doing so would prejudice a fraud investigation or is prohibited by law.

14Liability & Disclaimers

14.1 To the maximum extent permitted by law, and without limiting any right you have under the CPA that cannot lawfully be excluded, HmperCo will not be liable for indirect, special or consequential loss arising from your use of the Platform.

14.2 HmperCo's total liability to you for direct loss arising from these Terms, save in the case of gross negligence, wilful misconduct, or liability that cannot lawfully be excluded (including liability for defective goods under the CPA), is limited to the value of the relevant Order.

14.3 The Platform is provided "as is" and HmperCo does not warrant that it will be uninterrupted or error-free, though HmperCo will act reasonably to remedy material faults within a reasonable time.

15Statutory Consumer Rights

15.1 Nothing in these Terms limits any right you have under the CPA, including rights relating to defective, unsafe or substandard goods, your right to fair and honest dealing, and your right to cancel certain transactions within the applicable cooling-off period under ECTA where the transaction was concluded electronically without both parties being physically present.

15.2 Where these Terms and mandatory statutory consumer protections conflict, the statutory protection prevails to the extent of the conflict.

16Privacy, POPIA & Cookies

16.1 HmperCo processes personal information in accordance with POPIA. Full detail on what information is collected, how it is used, who it is shared with, your rights as a data subject, and how to lodge a complaint with the Information Regulator, is set out in the Privacy Policy, which forms part of these Terms.

16.2 Direct marketing communications are sent only in accordance with section 69 of POPIA and, where applicable, the CPA's direct-marketing opt-out registry requirements. You may withdraw consent or opt out of direct marketing at any time as described in the Privacy Policy.

16.3 The Platform's use of cookies and similar technologies is described in the Cookies Policy.

17Electronic Communications & Notices

17.1 By using the Platform, you consent to receiving communications from HmperCo electronically, including by email, SMS, WhatsApp and in-app notification, and agree that such communications satisfy any legal requirement that communication be in writing, as permitted by ECTA.

17.2 Notices to HmperCo must be sent to the contact details in clause 20. Notices to you will be sent to the contact details on your Account.

18Complaints & Dispute Resolution

18.1 If you have a complaint, please contact HmperCo at thankyou@hmperco.co.za in the first instance, providing your order number and relevant evidence. Full escalation procedures are set out in the Complaints, Escalation & Dispute Resolution Policy.

18.2 If a complaint cannot be resolved directly, you may refer it to the National Consumer Commission, an applicable consumer goods and services ombud, or, for privacy-related complaints, the Information Regulator, without prejudice to your right to approach a court of competent jurisdiction.

19General Provisions

1. Governing law. These Terms are governed by the laws of the Republic of South Africa.
2. Amendments. HmperCo may amend these Terms from time to time. Material changes will be notified via the Platform or by email, and continued use after the effective date of an amendment constitutes acceptance.
3. Severability. If any provision of these Terms is found unlawful or unenforceable, the remaining provisions continue in full force.
4. Entire agreement. These Terms, together with the policies incorporated by reference, constitute the entire agreement between you and HmperCo regarding the Platform.
5. Assignment. You may not assign or transfer your rights under these Terms without HmperCo's written consent. HmperCo may assign these Terms in connection with a merger, acquisition or sale of assets.
6. Force majeure. HmperCo is not liable for delay or failure to perform caused by circumstances beyond its reasonable control, including load-shedding, extreme weather, courier network disruption, or other events of force majeure.
7. Termination. Either party may terminate the relationship governed by these Terms as described in clause 4 and clause 13. Provisions which by their nature should survive termination (including liability, intellectual property, and dispute resolution) continue to apply.

20Contact Details