Terms & Conditions

Please read the following app terms and conditions (“Terms and Conditions”). Our app is provided to you by Gyro Technologies Proprietary Limited (“Gyro”, “we”, “us” or “our”). By using, accessing, viewing or downloading any Content or by accepting these Terms and Conditions, you agree to be bound by these Terms and Conditions. If you would like further explanation of any term in these Terms and Conditions please send us an e-mail to the address below and we’ll gladly explain it to you.

Refunds & Guarantees

Customer satisfaction is our primary goal. We review each complaint individually. Please contact our support team if your experience has been less than satisfactory so that we may resolve your issue. Gyro does not guarantee (implied or otherwise) the quality of food or products produced by our

vendors ("restaurants", "stores") and delivered by our driver partners. Gyro is not responsible for product item descriptions as these are provided by our vendors. We would, however, like to know if you are displeased with the food and/or products you have received so that we can work with our vendors to further improve their service for future orders. Please contact our customer service team if your order is less than satisfactory.

Our Contact Information

We pride ourselves in providing the best customer satisfaction. All customer concerns are addressed and dealt with individually. Please contact us if you have any questions about these Terms & Conditions or if your experience with us has been less than satisfactory so that we may resolve your issue. Also, please let us know if you are displeased with the quality of Goods you have received so that we may work with our Vendors to improve their levels of service to improve your next appearance.

  • Full name: Gyro Technologies Proprietary Limited, Registration Number: 2016/543479/07

  • Legal Status: A private company with limited liability incorporated in the Republic of South Africa.

  • Registered Address: 8 Batten Rd, Unit 10 Tudor Woods, Morninghill, Johannesburg, 2007

  • Physical Address: 8 Batten Rd, Unit 10 Tudor Woods, Morninghill, Johannesburg, 2007

  • Telephone Number: +27 60 526 2209

  • E-mail Address: support@gyroapp.co.za

Introduction

These Terms and Conditions are subject to the Consumer Protection Act, 68 of 2008 ("the CPA"). The provisions which appear in bold text are important and should be read carefully and understood by you as they:

  • may limit the risk or liability of Gyro or a third party;

  • may require you to indemnify Gyro; and/or

  • may serve as an acknowledgement of a fact, by you.

We may make changes to these Terms and Conditions, from time to time. If any of the changes to these Terms and Conditions are material and affect your rights, we will notify you of the change the next time you log in to our app.

Placing an Order

Accessing the app and creating a user profile will enable you to order food, beverages and other products ("Goods") from third party establishments ("Vendors") and delivered by third party, independent drivers ("Drivers").

You will need to enter your personal information into the account creation forms in the app and will be asked to accept these Terms & Conditions by pressing a button before your user profile is created. For security purposes, your password and user profile details must be kept secure by you and not be disclosed by you to a third party.

Goods will be delivered to your given delivery address previously provided by you or collected by you from the Vendor (as the case may be) within the trading hours set out on our app. We cannot guarantee and delivery times for the Goods.

Payment and Security

We use only the best available online payment processing system. 3D Secure was the first South African payment gateway to be certified by both Mastercard and VISA for secure transactions. Payments made using our app are secured by means of a number of encryptions. No cardholder information is stored, processed or transmitted by us as we use the Peach Payments to process your payment using our app. Peach Payments' platform is PCI DCS compliant, this means that all of your cardholder information is stored in a PCI (Payment Card Industry) certified vault in accordance with the PCI guidelines and security standards. Gyro has taken the necessary measures and made every effort to secure your personal information but, we cannot completely guarantee that unauthorised third parties (such as hackers) will not be able to access your information. Please contact us​ immediately if you become aware of any security related issues or if you have any concerns about the security of our payment or user profile. 

Refunds and Guarantees

Gyro does not guarantee (implicitly or otherwise) the quality of the Goods produced by our Vendors and delivered by our Drivers or the availability of the Goods listed on our Vendors' menus. If you have placed an order for Goods which are no longer available or which you ordered but have not received, we will process a refund to you for payments already made by you for the unavailable Goods.

If the order delivered to you is incorrect or not of a satisfactory quality, please contact us so that we may process a refund for your order, to you, or arrange for a replacement of your order. We may not cancel any orders which have already been placed as we have no control over the internal ordering processes and procedures unique to each of our Vendors. Unfortunately, we cannot cannot cancel and/or refund unwanted orders. In the event that you suffer a direct and foreseeable loss as a result of Goods produced by our Vendors and delivered by our Drivers, in addition to providing you with a refund, we will use our best efforts to provide you with any information which you may require should you wish to raise the matter with the relevant Vendor. 

 

Information on Menus

The information set out in the menus displayed on our app is provided to us by our Vendors and Gyro is not responsible for menu item descriptions provided by our Vendors. If an item of Goods is listed at an incorrect price or with the incorrect description, we may refuse or cancel and orders placed for Goods listed at an incorrect price. We may refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order has been cancelled, we will immediately issue a credit on your credit card account in the amount of the charge. You are encouraged to report any typographical error you may notice to support@gyroapp.co.za.

Intellectual Property Rights and use of our app

All rights (including intellectual property rights) in and to our app, all Content made available on our app, from time to time, including the Gyro trademark, any logos and the 'look and feel' of our app are hereby exclusively reserved by us.

Limits of Liability

As far as the law allows, neither Gyro nor any of our agents or representatives will be liable for any damage, loss or liability of any nature which results from your use or inability to our app or the Content provided on any by means of our app. Furthermore, Gyro makes no representations or warranties (implied or otherwise) that, amongst others, the Content and technology available on or provided by means of our app are free from error or omissions, or that our app will always be available and error free. Please report any possible malfunctions and errors you may experience with our app to support@gyroapp.co.za.

It is your responsibility to satisfy yourself before accepting the Terms and Conditions that the service available from and through our app will meet your individual requirements and will be compatible with your hardware and/or software.

Information, ideas and opinions expressed on our app should not be regarded as professional advice or the official opinion of Gyro, and you are encouraged to consult professional advisors before taking any course of action related to information, ideas or opinions expressed on our app.

Indemnity

As far as the law allows, you agree to defend, indemnify and hold us, our directors, employees, Vendors and Drivers harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including legal costs on the attorney-client scale) as a result of:

  • your use of our app;

  • your violation of any of these Terms and Conditions (including our Privacy Policy); and

  • your violation of the rights of any third party, including without limitation any intellectual property right or other rights.

The indemnity set out in this paragraph will survive termination, modification or expiration of these Terms and Conditions and your use of our app.

Electronic Communications

All communications and notices sent by you or us satisfies any legal requirements and shall be deemed to be "in writing" and shall include data generated, sent, received or stored by electronic means.

Governing Law

These Terms and Conditions (including our Privacy Policy​) shall be governed by the laws of the Republic of South Africa.