Terms of Service
Last updated: 20 August 2026
These terms govern your use of Smart Menus, a platform that lets vendors publish a menu and take orders and payment from customers over WhatsApp. By creating a store or otherwise using Smart Menus, you agree to these terms. If you don't agree, please don't use the service.
1. What Smart Menus provides
Smart Menus gives you a dashboard to build a digital menu, a QR code that opens that menu in WhatsApp, and tools to receive and manage orders. We provide the software; you provide the store, the food or goods, and the fulfilment.
2. Your account
- You must provide accurate information when you register a store.
- You're responsible for keeping your login credentials confidential and for all activity under your account.
- You must be legally able to sell the items you list, and comply with any local licensing, health, or safety requirements that apply to your business.
3. Payments
Each store connects its own Payfast merchant account. When a customer pays through your smart menu, the payment is processed by Payfast and settles directly into your Payfast account and bank account, Smart Menus never holds or has access to your customer's funds. You're responsible for your Payfast account, its fees, and any disputes, chargebacks, or refunds arising from your sales, in line with Payfast's own terms.
Access to the Smart Menus platform itself is billed as a separate subscription fee (currently R199/month, shown in your dashboard), charged to keep your store active.
4. Acceptable use
You agree not to use Smart Menus to:
- List illegal goods or services, or misrepresent what you're selling;
- Send unsolicited or abusive messages to customers, or otherwise misuse WhatsApp outside its own business policies;
- Attempt to disrupt, reverse engineer, or gain unauthorised access to the platform or other stores' data.
We may suspend or terminate a store that breaches this section, or that WhatsApp/Meta flags for violating their own platform policies.
5. Orders and customer disputes
The contract for each sale is between you (the vendor) and your customer. Smart Menus is not a party to that sale and isn't responsible for order accuracy, food quality, fulfilment, or customer service, those responsibilities sit with you as the vendor.
6. Availability
We aim to keep Smart Menus available and reliable, but we don't guarantee uninterrupted access. The service depends on third parties, including WhatsApp/Meta and Payfast, and outages on their side are outside our control.
7. Limitation of liability
Smart Menus is provided "as is". To the extent permitted by law, we aren't liable for indirect or consequential losses, including lost sales or lost profits, arising from your use of the platform. Nothing here limits liability that can't be limited under South African law.
8. Termination
You may stop using Smart Menus and close your store at any time from your dashboard. We may suspend or close a store that breaches these terms, or that we reasonably believe poses a risk to customers or the platform.
9. Changes to these terms
We may update these terms from time to time. If we make material changes, we'll let you know through the dashboard or by messaging the store's registered contact. Continuing to use Smart Menus after a change means you accept the updated terms.
10. Governing law
These terms are governed by the laws of South Africa, and any disputes will be handled in South African courts.
11. Contact
Questions about these terms? Reach us on WhatsApp via our Contact page.