General Conditions of Use — esahav.com

Publisher: Fredo Andrianaivo — Sole Proprietorship Registered office: Immeuble SALFA, Ambatovinaky, Antananarivo, Madagascar Tax ID (NIF): 2008312301 · Stat. ID (STAT): 70209 11 2026 0 01075 · Trade Register (RCS): 2026 A 00363 Publication Director: Fredo Andrianaivo Contact: contact@esahav.com Hosting: Private virtual server operated via Dokploy (Lauterbourg, Grand Est, France)

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Article 1: Purpose

These General Conditions of Use ("GCU") govern access to and use of the esahav platform — the website esahav.com and its companion professional application — operated by Fredo Andrianaivo, as a sole proprietorship in Antananarivo, Madagascar.

esahav is a Malagasy platform that connects partner restaurants with consumers to enable:

• viewing menus and booking tables;
• placing online orders for dine-in, takeaway or delivery;
• letting restaurants manage their menu, orders, bookings and payouts.

Article 2: Acceptance and amendments

Accessing the platform implies full and entire acceptance of these GCU. Users who disagree must stop using the platform.

esahav reserves the right to amend the GCU at any time to reflect changes to the platform or applicable law. Users are informed of substantial changes through a notification on the platform or by email. Continued use after notification constitutes acceptance.

The applicable version is always the one available at https://esahav.com/terms/cgu.

Article 3: Access and availability

esahav endeavours to keep the platform available 24 hours a day, 7 days a week, subject to maintenance, updates or events of force majeure. The publisher may suspend or restrict access without notice if security or proper operation so require.

Access is reserved for adults (18 years old or above) or for minors with verifiable consent from their legal representative.

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Part A — GCU for Consumers

A.1 Definitions

• User: any adult who has created a consumer account on the platform.
• Restaurant: any professional (restaurant, snack bar, caterer, food truck) registered on the platform to offer their services.
• Order: a transaction concluded between the user and a restaurant through the platform.
• Booking: a service commitment at an agreed date and time, without mandatory upfront payment.
• Platform: the website esahav.com and the associated application.

A.2 Registration

1. Registration is free. The user provides accurate and up-to-date information (name, email, phone, delivery address if applicable).
2. Only one account per person is allowed.
3. The user is responsible for keeping their credentials confidential. Any action taken from the account is deemed to have been performed by them.
4. esahav may suspend or delete the account in the event of inaccurate or fraudulent information.

A.3 Orders and bookings

1. The user picks a restaurant, selects items, indicates the service mode (dine-in, takeaway, delivery) and confirms the order.
2. The order is confirmed once the restaurant validates it. Until then, the order is "pending".
3. Bookings are confirmed by the restaurant based on availability. esahav does not guarantee table availability.
4. The restaurant alone is responsible for the preparation, quality, conformity, hygiene and — when handling delivery itself — the delivery of its products.

A.4 Payment

1. Payment is made by mobile money: MVola, Airtel Money or Orange Money (via the licensed aggregator Papi for MVola and Airtel Money, and Orange Money WebPay for Orange Money).
2. The amount displayed when placing the order is the exact amount charged: esahav adds no payment fee or surcharge, and payment providers' processing fees are borne entirely by esahav.
3. The user initiates the payment from the platform and confirms the transaction directly on the secure interface of the mobile-money operator (secret code/OTP). The secret code is never transmitted to esahav.
4. Payment is collected when the order is placed. The order is only transmitted to the restaurant once the operator confirms payment.
5. No cash payment is processed by esahav. If a restaurant accepts payment on delivery, those terms are between the user and the restaurant.

A.5 Cancellation and refunds

1. User cancellation before restaurant validation: full refund through the same mobile-money channel, within the operator's standard timelines.
2. User cancellation after restaurant validation: possible only under the terms set by the restaurant; any partial or full refund is at the restaurant's discretion.
3. Restaurant cancellation: full refund to the user.
4. Non-conformity, non-delivery, missing item: the user has 48 hours to flag the issue at contact@esahav.com. esahav acts as mediator between the user and the restaurant to reach a refund or a credit note.

A.6 User obligations

1. Allergies and dietary restrictions: the user is responsible for indicating any allergy or restriction in the order notes. Neither esahav nor the restaurant can be held liable in case of omission.
2. Behaviour: the user commits to using the platform in a courteous and lawful manner. Any abusive, fraudulent or disrespectful behaviour will result in account suspension.
3. Availability for delivery or pickup: the user must be reachable and present at the agreed time. In case of absence, the restaurant may consider the order delivered.

A.7 Platform liability

esahav acts as a technical intermediary between the user and the restaurant. As such:

• esahav is not the seller of the products and is not liable for their quality, conformity, hygiene or delivery;
• esahav cannot be held liable for service interruptions, bugs or downtime of a processor (mobile-money operator, hosting provider), provided reasonable diligence has been applied;
• esahav does not guarantee the accuracy of information published by restaurants (prices, availability, photos), although restaurants are contractually required to keep it up to date.

A.8 Personal data

Personal data processing is governed by the Privacy Policy, which sets out the purposes, retention periods, recipients and user rights in compliance with Law No. 2014-038.

A.9 Mediation and disputes

In the event of a dispute, the user contacts esahav at contact@esahav.com. esahav commits to proposing internal mediation within 14 business days. Failing resolution, the dispute may be brought before the competent courts (see Article 5).

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Part B — GCU for Restaurants

B.1 Definitions

• Restaurant: any professional duly registered with the Malagasy trade register (or in the process of being registered) offering food products and/or restaurant services through the platform.
• Payout: mobile-money transfer made by esahav to the restaurant in settlement of orders paid through the platform, net of commission.

B.2 Registration requirements

The restaurant must:

1. Be a professional with a valid legal status in Madagascar (Sole Proprietorship, SARL, SARLU, SA, etc.);
2. Provide its NIF, STAT and — where applicable — RCS number;
3. Hold the sanitary and tax authorisations required for its activity;
4. Have at least one valid mobile-money number (MVola, Airtel Money or Orange Money) to receive payouts;
5. Provide accurate details about the manager or responsible person.

esahav reserves the right to request supporting documents (RC, NIF, STAT, sanitary authorisation) at any time and to refuse or suspend registration in case of non-compliance.

Professional civil liability insurance is strongly recommended.

B.3 Business model

Year 2026

• Free registration: no monthly subscription is due.
• 15% commission (final rate, all taxes included) on the total amount of each order paid through the platform, delivery fee included. The restaurant receives exactly 85% of the total amount of every paid order.
• This commission covers all mobile-money processing fees (the Papi aggregator for MVola and Airtel Money, Orange Money WebPay) and platform operation costs — no additional payment-processing fee is deducted.
• The commission is deducted automatically at payout time.

Planned change for 2027

For information only and without immediate contractual commitment, esahav plans to introduce in 2027:

• A monthly subscription of 60,000 Ar/month (incl. tax) in addition to the 15% commission;
• Partner restaurants will be notified at least 60 days before the new model takes effect;
• Restaurants disagreeing with the change may terminate without penalty before it takes effect.

B.4 Restaurant obligations

1. Food quality and safety: the restaurant is solely responsible for the quality, storage, hygiene and safety of the products it offers;
2. Regulatory compliance: compliance with tax, sanitary, customs and any other regulation applicable in Madagascar;
3. Menu accuracy: prices, availability, photos and descriptions must be kept up to date;
4. Allergens and ingredients: clear indication of major allergens and dish composition where the nature of the product so requires;
5. Order acceptance and preparation: validation of orders within a reasonable timeframe, preparation within the stated lead time, and information to the user in case of delay or unavailability;
6. Delivery: when the restaurant offers delivery, it assumes responsibility for it (unless using a third-party carrier contractually engaged with esahav, where applicable).

B.5 Payouts

1. Consumer payments are collected by esahav in the name and on behalf of the restaurant through mobile-money operators.
2. esahav transfers to the restaurant exactly 85% of the total amount of paid orders (the amount net of the 15% commission). Mobile-money operator and payment-aggregator fees are borne entirely by esahav — no external fee is deducted from the payout.
3. Payouts are made according to the frequency shown in the restaurant dashboard (default: weekly).
4. Payouts are made to the mobile-money account declared by the restaurant. Any change must be recorded from the restaurant's account.

B.6 Cancellations by the restaurant

The restaurant may cancel an order it cannot fulfil (ingredient shortage, exceptional closure, etc.). It must inform the user via the platform as soon as possible.

In case of repeated or abusive cancellations, esahav may apply graduated sanctions: warning, lower search ranking, temporary suspension, then account termination.

B.7 Audits and controls

esahav may carry out random compliance audits (document checks, price consistency review, hygiene video calls where appropriate) to protect the user experience. The restaurant commits to cooperating in good faith. Any unjustified refusal may lead to account suspension.

B.8 Suspension and termination

esahav may suspend or terminate a restaurant's account in case of:

• Material breach of these GCU;
• Repeated and substantiated complaints from users;
• Fraud, money laundering, false declarations;
• Failure to comply with legal, sanitary or tax obligations;
• Extended inactivity (more than 12 months without login or fulfilled order).

The restaurant may terminate its account at any time from its dashboard. Pending orders must be fulfilled before termination takes effect.

B.9 Intellectual property

The restaurant retains ownership of its content (logo, photos, descriptions, brand). It grants esahav a non-exclusive, worldwide, royalty-free licence, for the duration of the contractual relationship, to display, reproduce and promote that content on the platform and in esahav's marketing communications (social media, emails, promotional materials).

The restaurant warrants that it holds the necessary rights over the content it publishes.

B.10 Confidentiality

The personal data provided by the restaurant and the consumer data it accesses via the platform are governed by the Privacy Policy. The restaurant commits to using consumer data strictly to fulfil orders and not to reuse it for commercial purposes without explicit consent.

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Article 4: Intellectual property of the platform

The site structure, texts, graphics, logos, trademarks, photographs, videos and computer applications making up the esahav platform are the property of Fredo Andrianaivo (esahav) and are protected by applicable intellectual property laws.

Any total or partial reproduction, representation, adaptation or exploitation without prior written authorisation is prohibited.

Article 5: Applicable law and jurisdiction

These GCU are governed by Malagasy law. Failing amicable resolution, any dispute shall be submitted to the courts of Antananarivo.

Article 6: Contact

For any question regarding these GCU, please write to contact@esahav.com.

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Last updated: 15 May 2026.