Terms of Service

These Terms of Service (“Terms”) govern your access to and use of MalaboEats websites, mobile applications, and related products and services (collectively, the “Services”) offered by the MalaboEats operating entity (“MalaboEats”, “we”, “us”, “our”).

By creating an account, placing an order, or otherwise using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

You must be legally able to enter into a binding contract in your jurisdiction and meet any minimum age required by local law to use the Services. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization.

MalaboEats provides a platform to discover restaurants, place food orders, coordinate delivery where available, access wallet or payment features, and use related tools. Independent restaurants, riders, and partners—not MalaboEats alone—fulfill many aspects of your order (for example food preparation and handoff).

We may modify, suspend, or discontinue features with reasonable notice where practicable. Certain features require a compatible device and internet access.

• You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
• Provide accurate information and keep your profile (including contact details and delivery addresses) up to date.
• Notify us promptly of any unauthorized use. We may suspend or terminate accounts that violate these Terms or pose risk to the platform.
• You may close your account as described in our Account deletion information and in the mobile application where available.

Menu items, prices, fees, and availability are shown in the Services as provided by restaurants and may change before acceptance. An order is an offer to purchase; we or the restaurant may refuse or cancel orders where permitted by law (for example unavailability or suspected fraud).

Delivery times are estimates, not guarantees. Delays may occur due to traffic, weather, partner capacity, or other factors beyond our reasonable control.

You authorize us and our payment partners to charge your selected payment method or wallet for orders, fees, tips where applicable, and refunds as described at checkout. You are responsible for any taxes or charges imposed by third parties (for example mobile money providers).

Wallet balances and transfer rules are subject to the functionality shown in the app and applicable law. Misuse of wallet features may result in restrictions or closure of your account.

You agree not to: misuse the Services; attempt to gain unauthorized access to systems or other users' data; harass staff, riders, or restaurants; submit false information; circumvent fees; use automated means to scrape or overload the Services without permission; or use the Services for unlawful purposes. We may investigate and take appropriate action, including legal remedies.

The Services, including MalaboEats branding, software, and content we provide, are owned by MalaboEats or its licensors. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to use the Services for personal, non-commercial use. You may not copy, modify, distribute, or reverse engineer our software except as allowed by applicable law.

The Services are provided “as is” and “as available” to the fullest extent permitted by law. We disclaim warranties of merchantability, fitness for a particular purpose, and non-infringement unless such disclaimers are not allowed in your jurisdiction. Restaurants, riders, and third parties are solely responsible for their goods and services; MalaboEats does not guarantee the quality or safety of food prepared by independent partners.

To the maximum extent permitted by law, MalaboEats and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or loss of profits, data, or goodwill, arising from your use of the Services. Our aggregate liability for claims relating to the Services shall not exceed the greater of the fees you paid to MalaboEats for the Services in the twelve (12) months before the claim or a minimal amount if required by law. Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the fullest extent permitted.

You agree to indemnify and hold harmless MalaboEats, its affiliates, and their directors, employees, and agents from claims, losses, and expenses (including reasonable legal fees) arising from your use of the Services, your content, or your violation of these Terms or applicable law, except to the extent caused by our willful misconduct.

These Terms are governed by the laws applicable in the Republic of Equatorial Guinea, without regard to conflict-of-law rules. Courts located in Malabo (or another competent forum as required by law) shall have exclusive jurisdiction over disputes, unless mandatory consumer protections in your country require otherwise.

We may update these Terms periodically. We will post the new version on this page and update the “Last updated” date. Continued use of the Services after changes become effective constitutes your acceptance of the revised Terms where permitted by law. Material changes may require additional notice under applicable rules.

For questions about these Terms, contact us at:

Legal & support:legal@malaboeats.com

You may also reach us through in-app Help & Support where available.