LEGAL AGREEMENT

Terms of Use

Effective Date: 15 March 2025

Masterarts Connect (Pty) LtdSouth Africa

Welcome to Paturn, a digital ordering and restaurant management platform owned and operated by Masterarts Connect (Pty) Ltd ("Masterarts Connect", "Paturn", "we", "us", or "our").

These Terms of Use ("Terms") govern your access to and use of the Paturn platform, including any website, QR code ordering interface, application, Kitchen Display System (KDS), Point of Sale (POS), dashboard, and related services (collectively, the "Platform").

By accessing or using the Platform, you agree to be legally bound by these Terms. If you do not agree, you must not use the Platform.

1. Definitions

"Platform"

Refers to the Paturn software, digital menus, ordering system, POS interfaces, KDS systems, dashboards, and all related services.

"Merchant"

Refers to any restaurant, cafe, bar, hospitality venue, or business using Paturn to manage menus, accept orders, or process payments.

"Diner"

Refers to any customer or end user accessing the Platform to view menus, place orders, or make payments.

"User"

Refers to both Merchants and Diners collectively.

2. Role of Paturn as Technology Provider

Paturn is a technology platform that facilitates communication between Diners and Merchants.

Paturn:

  • ✓ Does not prepare food
  • ✓ Does not fulfill orders
  • ✓ Does not employ restaurant staff
  • ✓ Does not operate restaurants

Paturn acts solely as:

a software intermediary.

All food preparation, safety, quality, and order fulfillment are the sole responsibility of the Merchant.

3. Use of the Platform by Diners

3.1 Ordering

The Platform allows Diners to view restaurant menus, place orders, and submit payment. Orders placed through Paturn are transmitted directly to the Merchant. The Merchant is solely responsible for fulfilling orders.

3.2 Menu Accuracy and Allergens

Merchants are solely responsible for:

  • Menu accuracy
  • Pricing
  • Item descriptions
  • Ingredients
  • Allergen disclosures

Masterarts Connect is not liable for:

  • Allergic reactions
  • Dietary issues
  • Incorrect menu information
  • Food quality

Diners consume food at their own risk.

3.3 Payments

Payments are processed by independent third-party payment providers. By submitting payment, Diners authorize the payment and agree to pay the full order amount. Paturn does not store full card details.

3.4 Refunds and Disputes

Paturn is not a food provider.

All refund requests, complaints, or disputes must be directed to the Merchant. Masterarts Connect does not issue refunds for food or beverage purchases.

4. Use of the Platform by Merchants

4.1 Merchant Account Responsibility

Merchants are responsible for maintaining account security, protecting login credentials, and all activity conducted under their account. Masterarts Connect is not liable for unauthorized access caused by Merchant negligence.

4.2 Service Availability and Downtime

The Platform is provided on an "as available" basis. Masterarts Connect does not guarantee uninterrupted service. The Platform may be unavailable due to maintenance, load shedding, internet outages, server issues, or technical failures. Masterarts Connect shall not be liable for losses resulting from downtime.

Load Shedding Notice

South African load shedding may affect Platform availability. Merchants are responsible for maintaining backup power and internet connectivity.

4.3 Hardware and Internet Responsibility

Merchants are responsible for maintaining reliable internet connectivity, compatible devices, and functional hardware. Masterarts Connect is not liable for failures caused by Merchant hardware or internet.

4.4 Merchant Fees

Merchants agree to pay all applicable subscription fees, transaction fees, and service charges as defined in their Merchant Agreement. Failure to pay fees may result in suspension or termination.

5. Payment Processing and Financial Liability

Payments are processed by third-party providers. Masterarts Connect is not responsible for payment gateway failures, chargebacks, fraudulent transactions, or processing delays.

All payment disputes must be resolved with the payment provider.

6. Merchant Responsibility and Liability

Merchants are solely responsible for:

  • Food safety
  • Hygiene compliance
  • Legal compliance
  • Order accuracy
  • Customer service

Masterarts Connect shall not be liable for:

  • Illness
  • Injury
  • Food poisoning
  • Damages caused by Merchant actions

7. Acceptable Use

Users agree not to:

  • Use the Platform for illegal activity
  • Submit fraudulent orders
  • Attempt to hack or disrupt the Platform
  • Reverse engineer the software
  • Access unauthorized areas

Violation may result in suspension or termination.

8. Suspension and Termination

Masterarts Connect may suspend or terminate access at any time for:

  • Violations of these Terms
  • Fraudulent activity
  • Non-payment
  • Misuse of the Platform

Termination may occur without prior notice.

9. Force Majeure

Masterarts Connect shall not be liable for delays or failures caused by events beyond reasonable control, including:

Load sheddingPower outagesInternet failuresNatural disastersGovernment actionsTelecom failures

10. Limitation of Liability

To the maximum extent permitted by South African law:

The Platform is provided "as is" without warranties.

Masterarts Connect shall not be liable for indirect damages, loss of profits, loss of data, or business interruption.

Financial Liability Cap:

Masterarts Connect's total liability shall not exceed the amount paid by the Merchant to Masterarts Connect in the three (3) months preceding the claim.

11. Intellectual Property

All rights in the Platform, including software, logos, branding, interface designs, and source code are owned exclusively by Masterarts Connect (Pty) Ltd.

Users receive a limited license to use the Platform.

Users may not copy, modify, or distribute the Platform.

12. Privacy

Use of the Platform is also governed by the Paturn Privacy Policy.

13. Changes to Terms

Masterarts Connect reserves the right to modify these Terms at any time. Updated Terms will be posted with a revised Effective Date. Continued use constitutes acceptance.

14. Governing Law

These Terms are governed by the laws of the Republic of South Africa. All disputes shall be resolved in South African courts.

15. Contact Information

For legal or support inquiries:

Masterarts Connect (Pty) Ltd

FREQUENTLY ASKED QUESTIONS

Terms & Conditions FAQs

Acknowledgment of Terms

By using the Paturn Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.

If you are using the Platform on behalf of a business, you represent that you have authority to bind that business to these Terms.

Questions about our Terms?

Our legal team is ready to assist with any questions about these Terms of Use.

Contact Legal