ThisTerms and Conditions Agreement sets forth the standards of use of the Food and goods Delivery service, (“Munchiz”) Online Service. By usingthe www.munchiz.co.ke website and Munchiz app,you (the”User”) agree to these terms and conditions. If you do not agree to theterms and conditions of this Agreement, you should immediately cease all usageof this website. We reserve the right, at any time, to modify, alter, or updatethe terms and conditions of this agreement without prior notice. Modificationsshall become effective immediately upon being posted at www.munchiz.co.ke website. Your continueduse of the Service after amendments are posted constitutes acknowledgement andacceptance of the Agreement and its modifications. Except as provided in thisparagraph, this Agreement may not be amended.
2.1We are a delivery service provider providing you an online platform to (a)order food online from the list of restaurants and home food makers availableon the Services.
2.2We do not own, sell, resell, furnish, provide, prepare, manage and/or controlthe Vendors or the related services provided in connection thereof.
2.3Our responsibilities are limited to: (i) facilitating the availability of theServices; and (ii) serving as the limited agent of each Vendor for the purposeof accepting payments from you for your online food orders and delivering yourorder.
3.1By signing up to our website you are agreeing to the terms and conditions ofsale which apply to all transactions on www.munchiz.co.ke
Signingup to the service means we must have the following information:
· · · 3.2You may access the Services either by (a) registering to create an account andbecome a member (“Member”); or (b) you can also register to join by logginginto your account with certain third party social networking sites (“SNS”)(including, but not limited to, Facebook); each such account, a “Third PartyAccount”, via our Services, as described below. As part of the functionality ofthe Services, you may link your Munchiz Account with Third Party Accounts, byeither:
· · Allowing us to access your ThirdParty Account, as is permitted under the applicable terms and conditions thatgovern your use of each Third Party Account.
3.4You agree to provide accurate, current and complete information during theregistration process and to update such information to keep it accurate,current and complete.
3.5We reserve the right to suspend or terminate your Munchiz Account and youraccess to the Services if any information provided during the registrationprocess or thereafter proves to be inaccurate, not current or incomplete.
4.1The price of goods charged will be as quoted on the app or web site at the timeyou confirm your order with us. Excluding any inadvertent technical error onpricing, we will honor any prices as published at the time of placing yourorder.
4.2Due to differing product promotions the prices displayed on the website mayvary to original prices. You agree to pay all fees and charges incurred inconnection with your purchases, including any applicable taxes. The finalcharges for your order may be different than those stated on the website.
5.1Any contract for the supply of Food Delivery from this App and Website isbetween you and the Participating Restaurant; for the supply of Food ServicesDelivery from this Website and App any contact is between you and Munchiz.You agree to take particular care when providing us with your details andwarrant that these details are accurate and complete at the time ofordering.
5.2Any order that you place with us is subject to product availability, deliverycapacity and acceptance by us and the Participating Restaurant. When you placeyour order online, we will send you a message to confirm that we have receivedit. You must inform us immediately if any details are incorrect. Once we havesent a confirmation message we will check availability.
5.3If the ordered Food Delivery and delivery capacity is available, theParticipating Restaurant will accept the contract and confirm it to Munchiz. Ifthe details of the order are correct, the contract for the Food Delivery willbe confirmed by text message (SMS) or Call.
5.4Once the ordered food is ready to deliver, The confirmation message willspecify delivery details including the approximate delivery time, the price ofthe Food ordered and the name of delivery executive.
5.5Ifthe Food is not available or if there is no delivery capacity, we will also letyou know by text message (SMS) or phone call.
6.1Delivery period quoted at the time of ordering are approximate only and mayvary. Food will be delivered to the address as intimated by you while ordering.
6.2If the Food is not delivered within the estimated delivery time quoted, Usershall contact Munchiz by email or support number and Munchiz will try to ensurethat you receive your order as quickly as reasonably possible.
6.3If you fail to accept delivery of Food at the time they are ready for deliveryor Munchiz is unable to deliver at the nominated time due to your failure toprovide appropriate instructions or authorizations, then the Food shall bedeemed to have been delivered to you and all risk and responsibility inrelation to such Food shall pass to you. Any storage, insurance and other costswhich Munchiz incur as a result of the inability to deliver shall be yourresponsibility and you shall indemnify Munchiz in full for such cost.
6.4You must understand and accept that it might not be possible to deliver to somelocations. In such cases, Munchiz will inform you accordingly and arrange forcancellation of the order or delivery to any alternative delivery address.
7.Cancellations and Refunds
7.1You must notify Munchiz immediately if you decide to cancel your order,preferably by app, phone, and quote your order number.
7.2In the unlikely event that the Participating Restaurant delivers a wrong item,you have the right to reject the delivery of the wrong item and you shall befully refunded for the missing item.
8.Limitation of Liability
8.1Great care has been taken to ensure that the information available on this Appor Website is correct and error free. We apologize for any errors or omissionsthat may have occurred. We cannot warrant that use of the App and the Websitewill be error free or fit for purpose, timely, that defects will be corrected,or that the site or the server that makes it available are free of viruses orbugs or represents the full functionality, accuracy, reliability of the App andthe Website and we do not make any warranty whatsoever, whether express orimplied, relating to fitness for purpose, or accuracy.
8.3We shall not be held liable for any failure or delay in delivering Food wheresuch failure arises as a result of any act or omission, which is outside ourreasonable control such as all overwhelming and unpreventable events causeddirectly and exclusively by the forces of nature that can be neitheranticipated, nor controlled, nor prevented by the exercise of prudence,diligence, and care, including but not limited to: war, riot, civil commotion;compliance with any law or governmental order, rule, regulation or directionand acts of third parties.
8.4We have taken all reasonable steps to prevent Internet fraud and ensure anydata collected from you is stored as securely and safely as possible. However,we cannot be held liable in the extremely unlikely event of a breach in oursecure computer servers or those of third parties.
9.1All prices are in Kenyan shillings (Ksh)
9.2We may subcontract any part or parts of the Services that we provide to youfrom time to time and we may assign or novate any part or parts of our rightsunder these Terms and Conditions without your consent or any requirement tonotify you.
9.3We may alter or vary the Terms and Conditions at any time without notice toyou.
9.4Do not collect or harvest any personally identifiable information from thewebsite, use communication systems provided by the website for any commercialsolicitation purposes, solicit for any reason whatsoever any users of thewebsite with respect to their submissions to the website, or publish ordistribute any vouchers or codes in connection with the website, or scrape orhack the website.
9.6These Terms and Conditions and our Agreement shall be governed by and construedin accordance with the laws of Kenya. The parties hereto submit to theexclusive jurisdiction of the courts of Kenya.
9.7No delay or failure on our part to enforce our rights or remedies under theAgreement shall constitute a waiver on our part of such rights or remediesunless such waiver is confirmed in writing.
9.8These Terms and Conditions and a contract (and all non-contractual obligationsarising out of or connected to them) shall be governed and construed inaccordance with Kenyan Laws. Both we and you hereby submit to the non-exclusivejurisdiction of the Kenyan Courts. All dealings, correspondence and contactsbetween us shall be made or conducted in the English language.