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Terms and condition



Chomy terms and conditions

13 October 2024

Introduction

Chomy Delivery Service is only accessible through the website www.chomy.co.za and as a mobile phone and tablet application from the Apple AppStore, Google Play Store, and Huawei AppGallery, using compatible devices. Chomy Delivery Service is a product and service rendered by YOE Investment Company, operating and identified as Chomy.

Chomy makes it possible for prepared food, liquid beverages, regulated liquor, prescribed medicine, over-the-counter medicine, groceries, home supplies, building materials, cleaning materials, household tools, home decor, auto parts, auto accessories, tools, and off-the-shelf auto electronics, products that can be ordered on the Chomy app from listed businesses in the form of restaurants, grocery stores, pharmacies, hardware, and auto stores by users.

Users are natural persons using the Chomy app to browse, order products, purchase services, make payments, earn rewards, spend rewards, make donations, receive donations, use coupons, and track and receive deliveries.

Using the Chomy Delivery Service app

To use the Chomy app, the user agrees to provide the details that identify them separately from another person, including full names, date of birth, residential address, mobile number, payment details, and email address. The user consents to receive communication from Chomy Delivery Service through SMS, email, and the Chomy app messaging function. 

Special users

Chomy app users who are pregnant, living with a disability, and/or the elderly should contact our support team. Chomy users fitting the criteria will be known to our drivers and will be specially treated according to their needs.

Payment for services

Users of the Chomy app agree to provide the required payment details, using a valid bank card, banking details, or crypto account, with a positive balance and adequate funds for their purchase. Chomy app users have their payment details saved on the app, which can be amended or removed by the Chomy app user. More than one banking card can be saved for payment. Only one payment banking card can be used at a time.

Banking details safekeeping

YOE Investment Company will not keep your banking details on our records, a third-party payment gateway legally authorized to handle your funds between the Chomy app is the only one that can see your banking details, under strict regulations. However, the safekeeping of your banking information lies solely with you, the Chomy app user. If the Chomy app user experiences unauthorized financial activities from the Chomy app, YOE Investment Company will not carry any responsibilities or liabilities toward the Chomy app user as the activity will be taking place on your device.

Creating a profile

To use the Chomy app, the user must create a profile with their name, address, residential address, mobile number, and email address, upload their image, and create a username and password. The username and password should not be shared with anyone.

Coupons, vouchers, Chomy Wallet and app initiation funds.

Users benefiting from coupons, vouchers, Chomy Wallet, and app initiation funds should meet the necessary criteria for that tool. Coupons and vouchers are valid for between 1 and 14 days. Outlets creating their coupons and vouchers may provide longer periods at their own discretion. Chomy Wallet funds are valid for a period determined by Chomy and may be revoked if not used for a period exceeding 30 days. App initiation funds of R50 require that users meet the requirements of having a clearly displayed profile picture, email, phone number, instant messaging number, and home and or office address. Users have 7 days from signup to claim the app initiation fund.

Communication

Once you have downloaded the Chomy app, you gain access to content and communication to all aspects of the Chomy Delivery Service. We will also be able to communicate with you, and so will our affiliates, sales, marketing, and customer care team.

Placing an order

Placing an order on the Chomy app takes place in real-time, meaning that once you submit the order it will be processed immediately.

Your location

The app detects your address, if the incorrect address is displayed, it is the responsibility of the Chomy app user to correct the address. Your location will determine the businesses available to the user to order from. These will be businesses that are online at the time and within a 5km radius of your address. The estimated time of arrival will be determined by your proximity to the business you are ordering from, the closer the shorter the ETA, and the further the longer the ETA.

Available products

The Chomy app user can choose from the Chomy Business Partners listed for their preferred products to browse at the time. From the businesses available, Chomy app users can only place orders from businesses online at the time and place orders only for products available for order.

Liquor

Orders that contain liquor are only available during the legally stipulated hours set by law. Liquor is not for sale to persons under the age of 18 years old. Chomy app users cannot purchase liquor using donated funds or coupons.

Prescribed medicine

Prescriptions from medical doctors are electronically sent to the pharmacy of your choice nearest to your home or office, within a Chomy app area. Your medication will be collected by a Chomy Driver and delivered to your home once the order is processed. By law, the original prescription should be sent to the pharmacy within 7 days. A Chomy Driver will collect the prescription and deliver it to the pharmacy at no cost to you.

Pricing

Products are listed and priced on the Chomy app by the businesses offering them. A 20% commission fee is added to the price in proportion to the price set. The delivery fee for the product is added at checkout, along with the driver tip and forms part of the transaction.

Transporting your order

The product and location you order from the Chomy app will determine the mode of transport and cost. All the delivery vehicle options are suitable for the product you purchase. The driver partners are under the supervision and monitored by the Chomy Driver Support Team to ensure that the driver and your product remain on track and deliver within the ETA.

Product specifications

The product listed on Chomy app is at the discretion of the Chomy Business Partner listing it, YOE Investment Company has no control or influence over the quality or accuracy of the weight, size, and height of the product. An approximate figure is acceptable by a reasonable person for the products listed and delivered to you.

Tracking your order

You may track the Chomy Delivery Driver live with your order using the facility on the app once the driver has collected your order. Notifications are sent to Chomy app users, to receive them your notifications settings should be allowed for Chomy app. The Chomy Delivery Driver meets you at your gate and will only enter if you are pregnant, an elderly person, and or are living with a disability.

Completed order

After a completed order, it is the Chomy app user’s responsibility to verify that the order matches what is delivered. If the incorrect order is delivered, contact Chomy Customer Services or the outlet with the order number and images of the product delivered and indicate the differences.

Ratings and Reviews

 The Chomy app user is requested to rate the driver’s service and issue a tip to the Chomy Driver. Any information regarding appearance, personal conduct, hygiene, communication, etc. that will be of use to improve the service. Rate the product and write a review.

Chomy Customer Services

The Chomy Delivery Service app provides support to customers by assisting with the various functions of the app and intervenes through the Chomy Customer Service as a mediator in the event that the order is incorrect, the product is of unreasonable quality, damaged, inconsistent or unsatisfactory. This is upon request or a complaint by the Chomy customer, to the Chomy Business Partner. Intervention does not guarantee resolution, various supporting elements may be required to substantiate the complaint.

In the event that the Chomy Business Partner accepts fault, it is at their discretion how they elect to resolve the complaint. Chomy Customer Service facilitates the refund should there be one. The refund will be credited to the Chomy Customer’s wallet, which can be used to purchase on the Chomy app.

Additional products for sale

The additional services and products Chomy app users can purchase directly from the app are guaranteed by YOE Investment Company to serve the purpose they are designed for. Any queries on the products will be addressed by the Chomy Customer Service team. The products are limited in quantity and YOE Investment Company has the sole discretion on any decision related to the products.

Chomy Service Meal

Chomy Customer app users are invited to participate in the Chomy Service Meal program. It is a crowd-funded option to benefit pre-listed parties. The funds will be distributed by YOE Investment Company to the Chomy Beneficiaries. The beneficiaries will be authenticated and approved by an NPO, NGO, and or CPF from the area concerned.

Chomy Customer app users purchasing meals from any participating Chomy Business Partner can make a minimum payment of R1.20 towards a beneficiary. The amount will be credited orderlly to the listed beneficiaries' Chomy Wallet. They may purchase any item available from the Chomy Customer app.

Chomy Affiliate program

The Chomy Affiliate Program is our tool for content creators to capitalise on their follower numbers by helping Chomy to grow. Earn from creating content and directing your followers to download, register, place orders, make payments, and write reviews on the Chomy Customer app.

Download the Chomy app, sign up for a profile, add a selfie, and retrieve your Refer and Earn code. Share the code with your followers and instruct them to use YOUR Referral code when they Sign-up for Chomy. You will earn funds in your Wallet.

Everyone can earn by referring their friends and family to Chomy. However, only Chomy Affiliates can earn cash for their referrals. The cash will be deposited into their bank accounts.

As an affiliate, your referrals have to place a minimum of three(3) orders over 30 days for your earnings to be validated. At the end of the 30 days, an audit of the referrals will be conducted, and confirmation of earnings sent to the affiliate. Payment will be made within 30 days of confirmation.

To be a Chomy Affiliate, you need an outstanding social media presence. For Facebook, a minimum of 20000 followers, Instagram 50000 followers, YouTube 50000 subscribers and TikTok 50000 followers. Your content must be consumed by users living in our trading areas.

Content creators should download the Chomy app from the Play Store, register their profile, and order a minimum of 3 times. Email affiliate@chomy.co.za with your Chomy profile name, motivation, and social media links. Upon review, your banking details will be requested and confirmation of Chomy Affiliation will be sent. Earnings will be calculated from the confirmation date, any revenue generated before the date will not withdrawn and paid into a Chomy Affiliate’s bank account.

Chomy Business Partners

Registration for Businesses

To register on the Chomy Business app, businesses provide:

  • Business Name
  • Category
  • Description
  • Logo (dimensions provided at sign-up)
  • Cover page (dimensions provided at sign-up)
  • Address
  • Business Zone
  • Contact person name and contact details
  • Business bank account confirmation letter
  • Liquor license (if selling liquor)
  • Products on offer with description, price, and images.
  • Number of employees and
  • Subscription package.

Businesses registering on the platform, agree to provide high-quality products, within the guidelines of the law, and comply with the Consumer Protection Act and health regulations, to the satisfaction of a reasonable person.

Businesses registering as Chomy Business Partners fall under the region they trade in and are allocated a zone within their region.

Upon approval, the business has 7 days to populate products, prices, descriptions and images.

Services available

Businesses registering on Chomy Delivery Service have the option to register using a free account, an R99 account where additional digital services will be available to them, and a premium service of R199 where additional physical and digital services will be available to them.

Businesses registering on the platform agree:

  • to provide pricing on their products, which will carry an additional commission fee of 20%.
  • to provide images and descriptions of each product they list on Chomy Delivery Service.
  • to provide operation times on the Chomy Delivery Service app,
  • to prioritize Chomy Delivery Service orders first,
  • to allocate preparation time to their products, and commit to remain within that time or improve it without negatively affecting the quality of the product.
  • to accept responsibility for the quality of the product bought from their digital store.
  • allow users of Chomy Delivery Service App to rate and review the products purchased from their digital store.
  • to participate in resolving disputes, queries, and complaints where their products have been purchased and are in question by Chomy Delivery Service customers,
  • to allocate a dedicated person to process Chomy Delivery Service orders, from incoming, processing, and outgoing stages.
  • they will carefully identify, and mark the correct order and allocate it to the correct driver.
  • to provide a smooth, precise, and correct handover to the driver partner allocated to the order. The driver will identify themselves as a Chomy Delivery Service Driver at the storefront.
  • to display Chomy Delivery Service promotional material in their storefront area visible to customers frequenting their physical stores.

Chomy Business Partner Supporting device

Businesses may be offered a device to run the Chomy Delivery Service app exclusively. This will be issued at a monthly cost, to qualify they need a minimum of 100 transactions on the Chomy Delivery Service App within 90 days, and pay the insurance premium for the device with a verified insurer. If they do not have insurance, YOE Investment Company will provide options the Chomy Business Partner should select from.

The device must be placed within the same proximity as the point of sale, be used by a staff member with a profile on the app, and have the necessary training.

Payments

Funds for products purchased from Chomy Delivery Services will be kept in YOE Investment Company’s account through a secure payment gateway. Chomy Business Partners to provide an active business bank account where YOE Investment Company will deposit their funds accumulated, on any banking day through the Withdrawl facility provided on the Chomy Business App.

The Chomy Business Partner must authorize payments for YOE Investment Company for additional services. This includes insurance and other products.

Chomy Business Support Services

Chomy Business Support Services assists registered businesses with utilizing the tools available to all registered businesses. The tools are designed to increase Chomy Business Partners’ revenue by attracting more customers, increasing sales, and strengthening their brand identity. These services are optional and are at the discretion of the Chomy Business Partner.

Inactive or abandoned outlets

YOE Investment Company may deactivate Chomy Business Partner profiles that are inactive or abandoned at its discretion. Attempts may be made to attempt resuscitation, failure to respond to attempts will result in profile deactivation. The profile may be permanently deleted along with all the data linked to the profile, including all data backed up.

Chomy Delivery Service Driver

The role of the Chomy Delivery Driver is to collect ordered products from a Chomy Business Partner and deliver the products ordered to the address provided by the Chomy app user. The Chomy Delivery Driver brings the essence of convenience to life for Chomy app users.

Drivers are an important part of Chomy Delivery Service, as they are the component of the service that physically connects the customer to the product. It is therefore imperative that their attention to the Chomy app user, the customer, Chomy Business Partners, the businesses, conduct, values, and behaviour reflect that of the Chomy Delivery Service, the company, in every aspect.

What is expected from Chomy Delivery Drivers

Chomy Delivery Drivers are required to provide efficient, friendly, respectful, and helpful services to the customers at every interaction in providing a convenience service. Chomy Delivery Drivers are key to building trust and reducing user anxiety, hesitation, and any other obstacles the Chomy Business Partners and app users may experience.

Know the area, know the customer

Chomy Delivery Drivers should be familiar with the community, Chomy Business Partners, and the layout of the area they render the delivery service to, in order to gain trust & protection from the society they're serving. It is also important to be vigilant and apply precautions to your safety.

Signing on to Chomy Delivery Service as a Driver

Drivers wishing to sign onto the Chomy Delivery Service app should:

  1. Download the Chomy Delivery Service app from the Apple App Store, Google Play Store, and Huawei App Gallery.
  2. Register a driver profile with a username and create a password.
  3. Provide your full name, South African ID number, passport number, and driver’s license number. Home address, cellphone number, and email address.
  4. Upload an image of your ID document or card (both sides) or passport.
  5. Upload an image of your driver’s license or international driver’s license card, on both sides.
  6. Take a selfie of your friendliest face, and upload it.
  7. Upload your proof of residence.
  8. Provide your banking details.
  9. Select the service option you want to render, full-time or freelance. Authenticate the adequate vehicle and equipment needed for the service option.
  10. Provide your working days and select the zone to work in.

You are now ready to accept orders!

Orders

The Chomy Delivery Driver gets notified when there is an order in their Zone. A zone is an area in which the driver will be allocated to render delivery services. The deliveries are for the same or can be the next zone the Chomy Delivery Driver is allocated.

  1. The Chomy Delivery Driver gets a notification on their smartphone with details of an order: the business name, address, ordered product details, order number, and Chomy app user name, address, and physical status (disabled, elderly, pregnant). Once the order is made, Chomy app users cannot change the delivery address.
  2. Using the chat service on the app, the driver and the user can communicate directly with each other.
  3. After accepting the order, the Chomy Delivery Driver presents the order number to the business and waits for collection. The driver cannot receive other orders till completing the order they accepted.
  4. Upon collection, the Chomy Delivery Driver must verify that the order matches and take a picture of the order. Carefully pack the product in their vehicle and drive to the Chomy app user’s provided address where the map on the app will guide them using the best route.
  5. The Chomy Delivery Driver notifies the Chomy app user through the app when at their address. Using the Chomy Delivery Service app, users can track the driver’s progress to their destination on a map. A notification to instruct the Chomy app user to meet the driver at the gate or door is sent.
  6. At the door or gate, the Chomy Delivery driver respectfully greets the person using the name provided on the app, identifies themselves, and confirms the order. Upon confirmation, the driver hands over the product to the user and expresses gratitude to the user for using the Chomy Delivery Service.
  7. The Chomy Delivery Driver must advise the user on the rating system and how it works. The driver must also inform the user of steps to take should there be a dispute or any form of unhappiness.
  8. After the Chomy app user has collected the product and the handover is successful, the driver may render the order completed.
  9. The Chomy Delivery Driver is now ready to accept their next order.

 

Chomy Delivery Drivers should wear only Chomy Delivery Service uniform. No other branding may be seen on drivers other than that of Chomy Delivery Service. Drivers who display another branding will be suspended from using the Chomy Delivery Service Driver app for 14 days.

Drivers must complete 30 deliveries within 30 days before they are issued with clothing and or delivery bags.

A monthly rewards program for drivers issues prizes for outstanding performance.

Chomy Delivery Driver requirements:

  1. Drivers must have a motorcycle license code A, a light motor vehicle license code B, a heavy motor license code C, or a bicycle.
  2. Have at least 1 year of driving experience.
  3. Have a smartphone with a touch screen and high-quality camera with the latest version of the Chomy Delivery Service app installed and always connected to the internet.
  4. Adhere to the Road Traffic rules according to South African laws.
  5. The vehicle must be roadworthy and be able to pass a roadworthy test on the spot: tires, emission, horn, windshield, windshield wipers, number plates, body, rear-view mirrors, and lights.
  6. Be equipped with all the required safety (full-face helmet with visor, protective bright reflective clothing, always keeping lights on, for motorcycles), and hygiene tools (insulated hot bags, drink carriers for beverages, 20-liter bike box with reflectors for motorcycles) where required to handle the product they are collecting, transporting and delivering.
  7. Be familiar with the area and the surroundings they deliver in, along with cultural dynamics.
  8. Have excellent communication skills: spoken, written, and listening.
  9. Practice personal hygiene and be well presentable.
  10. Drivers need to be familiar with Chomy Customer and Business Support Services functions and be able to recommend the appropriate service to any concerned party.
  11. Should be able to speak English and two more official South African languages.
  12. Chomy Delivery Drivers communicate with Chomy Driver Support and must be able to compile reports, for any incident, daily experiences, interactions with Chomy Business Partners, handover with Chomy app users, and safety issues.

Safety

Chomy Delivery Drivers wear Chomy Delivery Service branded reflector jackets, shirts, and or caps to be clearly identified. Along with traffic and occupational safety: gloves with grip, full-face helmet, knee, elbow and shoulder pads, closed-toe shoes, and or industrial goggles.

Drivers should wear no loose hanging clothing items, not expose any value items in their position, not tamper with contained flammable, pressured and or labelled dangerous. Chomy Delivery Drivers remain in constant contact with Chomy Driver Support Services for field analysis and to report potential threats. Drivers are informed when the risk level in their area changes.

Security

YOE Investment Company may appoint a 3rd party accredited security company to provide a service where the risk profile of the area requires physical security intervention.

Payment

All Chomy Delivery Service payments are made through EFT or card payments. Chomy Delivery Drivers do not accept cash for goods. All the payments for deliveries will be allocated to the assigned driver’s wallet on the Chomy Delivery Service app.

Chomy Delivery Drivers are paid once a week, where the funds generated in the past 7 days will be paid into their provided bank account.

Any other payments towards Chomy Delivery Service or third parties authorized by the Chomy Delivery Driver are also paid on this day, this includes insurance, rental fees, etc.

Ratings

With every successful delivery, Chomy app users are prompted to rate Chomy Delivery Driver’s service on the Chomy app. The ratings are out of 5 stars, with 1 star being extremely poor service and 5 stars being excellent.

Drivers are expected to maintain an average rating of 4.5 stars. Ratings below 4.5 stars and over 4.0 stars require intervention tools from Chomy Driver Support Services. Ratings below 4.0 stars and above 3.0 stars require urgent attention from Chomy Driver Support Services, with limited and monitored deliveries over a 7-day period. Ratings below 3.0 stars and above 2.0 stars are an immediate suspension on the driver for 14 days, an intervention program must be completed before the driver’s account is restored. If ratings are below 2.0 stars, the driver account will be banned for 12 months.

Failure

Failure to deliver products ordered within the set time will lead to penalties for the driver. Tampering with products is an immediate suspension to Chomy Driver’s profile till an investigation is concluded. Failure to deliver the product is an immediate suspension to the Chomy Driver profile till an investigation is concluded.

 

LulaLend

 

Chomy Delivery Service (“Chomy”) operates as an affiliate of Lula Lend (Pty) Ltd, a registered provider of revolving loan facilities, through the affiliation of Chomy’s CEO. Lula Lend (Pty) Ltd, with registration number 2014/156767/07 and registered address at 3rd Floor Pier Place, Heerengracht Street, Cape Town 800112, is an authorised distribution partner of Access Bank South Africa Limited, Reg. No.: 1947/025414/06, an Authorised Financial Services Provider (FSP 5865).

Businesses wishing to apply for a revolving loan facility through Chomy must meet the following criteria: be registered and compliant with the Companies and Intellectual Property Commission (CIPC); submit valid company registration documents, certified copies of directors' ID documents, proof of residence, a valid business bank account, and provide at least 3 months' bank statements showing a minimum turnover of R40,000. Businesses may apply for revolving loan amounts ranging from R10,000 to R5 million. Chomy will facilitate the application process on behalf of the business, and Lula Lend (Pty) Ltd will handle the legal requirements as prescribed by the National Credit Regulator (NCR). Approval of any loan application is solely at the discretion of Lula Lend (Pty) Ltd. Upon approval, Lula Lend (Pty) Ltd will compensate Chomy between 1% and 3% of the total loan amount for the successful facilitation of the application.

The borrowing business shall be solely responsible for the repayment of the loaned amount in full, which must be made directly to Lula Lend (Pty) Ltd under the terms agreed upon between the business and Lula Lend (Pty) Ltd. Chomy is not liable for any repayments, defaults, or disputes arising from the loan agreement between the business and Lula Lend (Pty) Ltd. https://www.lulalend.co.za/?a=EIIoyOdV

 

General

The terms and conditions for Chomy app users, Chomy Business Partners and Chomy Delivery Driver may change at the discretion of YOE Investment Company. Users of the apps are encouraged to maintain knowledge and understanding of the content of the Terms of Conditions, which will be available on chomy.co.za and all the Chomy apps.

Should the user not agree with the terms and conditions at any point, before placing any orders you can either seek clarity by emailing info@chomy.co.za or no longer use any of the Chomy apps. Continued use will be action towards agreeing with the terms and conditions.

Disclaimer

Using the Chomy Delivery Service app is at the user’s own discretion and use is fully at their own risk. Any loss experienced from using the app is entirely at the user’s responsibility.

Chomy Delivery Service upholds high standards for safety, accuracy, and timeous delivery of the products and content on the app.

The Chomy app provides no guarantee that the product or item listed on the website chomy.co.za, or the Chomy app meets the visual representation provided by the Chomy Business Partner.

Chomy Delivery Service is not liable, directly or indirectly for damage, loss, or expense resulting from or by the inability to use the Chomy app or access any of its content. Neither will Chomy Delivery Service prevent you from accessing the app unless communicated to you prior, within legal bounds.

The views expressed in the Chat and Conversations with Chomy Delivery Drivers and or Chomy Business Partners, do not amount to those of Chomy Delivery Service, management, directors, and or employees.

 

Liability

Chomy Delivery Service carries no liability for inaccurate information published by Chomy Business, correct or incorrect prices listed, and descriptions on the Chomy app.

The Chomy app user hereby undertakes that YOE Investment Company shall not be liable for any direct, indirect, accidental, special or consequential loss or damages which might arise from using the Chomy Delivery Service. The Chomy Delivery Service app or website, the content on the Chomy app, the inability to use the Chomy app, or unlawful activity on the Chomy app or any of the linked applications, YOE Investment Company may pursue actions of legal consequences to the user.

 

Copyright and Ownership

All contents on the Chomy Delivery Service app, software, data, information, layouts, images, icons, graphics, text, logo, animations, video clips, use of language, trademarks, and service identifying elements, are properties of YOE Investment Company.

Sponsors and advertisers license the use of their content to YOE Investment Company to use on Chomy Delivery Service. Use, distribution, or reproduction of any content on the Chomy app is strictly prohibited unless written permission is sought from YOE Investment Company management. Requests may be addressed to info@chomy.co.za.

 

Termination and Opting out

Chomy Delivery Service may temporarily terminate the app in the event of maintenance or for security purposes without prior notice. In the event scheduled maintenance is undertaken, prior notice will be provided.

Chomy Delivery Service may suspend or terminate your account on the platform should you fail to comply with the above terms and conditions, without prior notice.

Chomy Delivery Service will comply will the legal requirements of the Republic of South Africa and may assist authorities with investigations where criminal activities are performed by Chomy app users, Chomy Business Partners, and Chomy Delivery Drivers, using the Chomy Delivery Service.

Chomy users, Chomy Delivery Drivers, and Chomy Business Partners not obliging to the terms and conditions of Chomy Delivery Service will have their profiles disabled. They may in writing, provide reasons why their profile should be reinstated.

Users may opt out of the Chomy Delivery Service app, its communication, and benefits by logging out of the app, emailing info@chomy.co.za with their full names, cellphone numbers, and instruction to terminate all communications including SMS and email.