These Terms of Service (the “Terms”) form a binding contract between you (the “Customer” or “you”) and Madyo Limited, a company incorporated in the Republic of Malawi with its registered office in Lilongwe (the “Company,” “Madyo,” or “we”). The Terms govern your use of the Madyo website at madyomw.com, the Madyo mobile applications, and any related services (together, the “Service”).
By creating an account, placing an order, or otherwise using the Service, you confirm that you have read these Terms and our Privacy Policy, and that you agree to be bound by them. If you do not agree, please do not use the Service.
1. What Madyo does
Madyo is a food-ordering and delivery service that lets you discover restaurants (the “Vendors”) in Lilongwe, place orders for their menu items, and have those orders delivered by a Madyo delivery rider (a “Rider”). We are not the restaurant. We do not cook your food. We provide the technology and logistics that connect you to a Vendor and then to a Rider who completes the delivery.
The Vendor is responsible for the preparation, ingredients, quality, packaging, allergen information, and price of the food. We are responsible for the technology platform, the delivery charge, and the conduct of our Riders while they are on a delivery for us.
2. Eligibility
You must be at least 18 years old and capable of forming a binding contract under Malawian law to use the Service. By creating an account you represent that you meet these requirements. Where the order contains restricted items (for example, where local law restricts certain foods), additional eligibility checks may apply at the point of delivery.
3. Your account
You may need an account to place an order. You agree to provide accurate, current, and complete information when creating the account, and to keep that information up to date. You are responsible for the security of your password and for everything that happens on your account.
Notify us promptly at hello@madyomw.com if you suspect unauthorised access. We may suspend or terminate accounts that have been compromised, that violate these Terms, or that abuse the Service (see Section 13).
4. Placing and accepting orders
When you submit an order through the Service, you are making an offer to purchase the listed items at the listed price. The contract for the food itself is formed between you and the Vendor when the Vendor accepts and begins preparing your order. We are a party only to the delivery arrangement and the payment mechanism.
We may decline or cancel any order for reasons including but not limited to: the Vendor being closed, an item being out of stock, the delivery address being outside our service area, suspected fraud, payment-method failure, or where fulfilling the order would breach these Terms or applicable law.
5. Delivery
Madyo currently delivers within Lilongwe city limits. Estimated delivery times shown in the app are best-effort estimates based on the Vendor's preparation queue and live traffic — they are not guarantees. Delays can happen for reasons outside our control (weather, fuel, vehicle issues, vendor backlogs).
You must provide a complete and accurate delivery address and ensure that someone is available to receive the order at that address. If the Rider arrives and cannot reach you after reasonable attempts (typically a phone call and a five-minute wait), the order may be cancelled at your cost.
6. Prices, fees and payment
Item prices are set by the Vendor and displayed inclusive of any applicable tax unless stated otherwise. A delivery fee is added at checkout based on the distance from the Vendor to your delivery address, subject to a minimum and maximum published in the app. The total payable is shown to you before you confirm the order.
Madyo currently accepts the following payment methods:
- Cash on delivery (COD) — pay the Rider in Malawian Kwacha when the food arrives;
- Mobile money and card payments where supported in your region.
For COD orders, please have the correct change ready where possible. Where payment is processed through a third-party provider, your use of that provider is also subject to that provider's own terms.
7. Cancellations and refunds
You may cancel an order free of charge any time before the Vendor has accepted it and begun preparation. Once preparation has started, the Vendor is entitled to charge for the cost of the food and we are entitled to charge for any delivery work already in progress.
If your order arrives incorrect, damaged, or significantly late because of an error on our or the Vendor's part, please contact us within 24 hours through the in-app support chat or at hello@madyomw.com. We will investigate and, where appropriate, offer a refund, credit, or replacement at our reasonable discretion.
8. Acceptable use
You agree not to:
- Use the Service for any unlawful purpose or to harass, abuse, threaten, or defraud another person, Vendor, or Rider;
- Tamper with the food after delivery and then claim a refund;
- Attempt to interfere with, probe, scan or reverse-engineer any part of the Service;
- Use bots, scrapers, or automated tools to access the Service in a way that imposes an unreasonable load on our infrastructure;
- Create accounts using false identities, or share your account with anyone else.
We may suspend or terminate access without notice for any violation of this section.
9. Intellectual property
The Madyo name, logo, app, and all related branding are owned by Madyo Limited. Content owned or licensed by Madyo — including text, photographs, illustrations, software and design — is protected by Malawian and international copyright laws. You may not copy, modify, distribute, sell or licence any part of the Service without our prior written permission, except as expressly permitted by these Terms.
10. Disclaimers
The Service is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, Madyo disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Madyo does not prepare your food. Information about ingredients and allergens is provided by Vendors and may not always be complete. If you have a serious allergy, please call the Vendor directly to confirm before ordering.
11. Limitation of liability
To the maximum extent permitted by law, Madyo, its directors, employees and agents will not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, arising out of or related to your use of the Service.
Our total liability to you for any claim arising out of or relating to these Terms or the Service will not exceed the total amount you paid to Madyo in the three (3) months immediately preceding the event giving rise to the claim.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable Malawian law.
12. Indemnification
You agree to indemnify and hold harmless Madyo Limited, its officers, employees and agents from any claims, losses, liabilities, damages, and expenses (including reasonable legal fees) arising from your breach of these Terms, your misuse of the Service, or your violation of any third-party right.
13. Suspension and termination
We may suspend or terminate your account, refuse to accept future orders, or remove your access to the Service at any time, with or without notice, if we reasonably believe you have violated these Terms or applicable law, or where continuing to provide the Service to you would expose Madyo, a Vendor, a Rider, or another customer to risk.
You can close your account at any time. See the step-by-step process in our Privacy Policy — How to delete your account, or email privacy@madyomw.com with “Delete my account” in the subject line. Sections of these Terms that by their nature should survive termination (including IP, disclaimers, liability and governing law) will continue to apply.
14. Governing law and disputes
These Terms are governed by the laws of the Republic of Malawi. Any dispute arising out of or in connection with the Service or these Terms will, in the first instance, be referred to good-faith negotiation between the parties. If the dispute cannot be resolved within thirty (30) days, it will be submitted to the exclusive jurisdiction of the High Court of Malawi sitting in Lilongwe.
15. Changes to these Terms
We may update these Terms from time to time. When we do, we will update the “Last updated” date at the top and, for material changes, notify you through the app or by email at the address on your account. Your continued use of the Service after the new Terms take effect constitutes acceptance of the changes.
16. Contact us
Madyo Limited
Lilongwe, Malawi
Email: hello@madyomw.com
Phone: +265 999 000 000