Terms and Conditions – Kana Charis Restaurants

KANA CHARIS RESTAURANTS PRIVACY POLICY:

1. Introduction:

Please carefully read the terms and conditions below before placing any order for any of the Goods or Services from this Application/Website .By placing an order for any of the Goods or Services from this Application/Website, whereas it is by phone, or by any other available channel, you agree to be bound by these Terms and Conditions.

These Terms and Conditions describe the general online ordering and delivery terms and conditions between us and you and the different rights and obligations of the Parties.

Subject to applicable laws and legal regulations in force, we may, in our discretion, from time to time amend or otherwise modify the Terms and Conditions of Use. We recommend that you carefully read these Terms and Conditions, each time you order online, as they may affect your rights.

Section 1: Introduction

We are Kana Charis Restaurants is a limited liability company duly registered under the laws of Kenya, trading as “Kana Charis Restaurants” and “Kana Charis”

Our restaurant is located in Machakos, Kenya.

Our website is www.kanacharisrestaurants.co.ke

Section 2: Definitions

2.1. “Agreement” references these Terms and Conditions (T&Cs), the Privacy Policy, any payment instructions provided to you and any other form we might provide to you
2.2. By “Privacy Policy” we mean the policy accessible on our Application/Website which details how we collect and store your personal data
2.3. “You”, “your” and “yours” are references to you, the person accessing this Application/Website, and placing the orders for the Goods or Services we display on it. Access through any other channel provided by Kana Charis Restaurants will also bind you to these Terms and Conditions
2.4. “we”, “us”, “our”, and “Kana Charis Restaurants” are references to the Company/Restaurant
2.5. “Goods” is a reference to any foods or drinks which we may offer for sale from our Application/Website from at a given time
2.6. “Service” or “Services” is a reference to delivery services by our riders or any other service which we may supply and which you may request for via our Application/Website
2.7. “Application/Website” is a reference to our Kana Charis Restaurants mobile Application/Website platform on which we offer our Goods or services

Section 3.0: Ordering

3.1. By placing an order through our mobile Application/Website, you enter into an agreement with Kana Charis Restaurants with respect to the processing of that order through our restaurant. This Agreement will remain in full force and effect while you use the Application/Website until termination. Even after your registration is terminated, certain sections of this Agreement will remain in effect
3.2. Kana Charis Restaurants is responsible for the preparation, quality and delivery of your order and in this regard, you hereby agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering
3.3. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you are the legal holder of the card and that you have sufficient funds to make the payment therefrom
3.4. The pictures of the goods are for presentation only. The ordered goods may have differences (e.g. color, form, etc.) towards the photos existing on the Application/Website. Kana Charis Restaurants is not liable in any way if the description of products is not complete
3.5. Any Goods and Services which you might buy from this Application/Website are intended for your use only. Resale of any of such Goods and Services or acting as an agent for a third party is forbidden under this agreement. Only when acting as a principal you should contract the Services
3.6. Please note that some of our Goods may not be suitable for certain age ranges/ Preferences/ Taste and Health status. Please make it sure, by carefully reading product descriptions, that the goods you order are suitable for the recipient
3.7. When ordering from this Application/Website you may be required to provide an e-mail address and password. You must ensure that you keep the combination of these details secure and do not provide this information to a third party
3.8. Any order that you place in our Application/Website or related platforms is subject to availability, delivery capacity and acceptance by us. Once you place an order online, we will send you a confirmation message on the phone that we have received it. This confirmation message will be produced automatically and will just give you confirmation of your order details so that you can check that all details are correct. The fact that you receive an automatic confirmation does not necessarily mean that we will be able to fill your order. Once we have sent the confirmation message we will check availability and delivery capacity
3.9. The confirmation message will specify order number
3.10. If the Goods or services are not available or if there is no delivery capacity, we will also let you know by text message (SMS) or phone call

Section 4: Prices and Payment

4.1. The Agreement that’s entered into by virtue of orders made for our goods and services on our Application/Website is between you and the Kana Charis Restaurants. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment
4.2. All prices listed on the Application/Website are correct at the time of publication; however, we reserve the right to alter these in the future. Prices are inclusive of the relevant sales tax and exclusive of delivery charges which shall be communicated after placing your order and shall be based on the distance to the location/ place of delivery of the order. We also reserve the right to alter the Goods or Services available for sale on the Application/Website
4.3. All prices listed on the Application/Website for our goods and services are updated however, in case the price listed is not current we will immediately contact you after placing the order and you can choose to opt-out of the order
4.4. The total price for Goods or Services ordered, including delivery charges and other charges, will be displayed on the Application/Website when you place your order. Full payment must be made for all Goods dispatched and Services provided. Payment has to be made in cash or, if available on the Application/Website, by online payment, e.g. credit or mobile money or debit card
4.5. If you choose online payment, you must pay for your order before it is delivered. To ensure that shopping online is secure, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also conduct security checks to confirm it is you placing the order

Section 5: Delivery

5.1. We aim to deliver your orders as close as possible to your requested delivery/collection time but we cannot guarantee delivery on time in all cases. Delivery periods at the time of ordering should be taken into account as approximate only and thus they might vary due to weather conditions or traffic or other unforeseen circumstances. Your order will be sent to the delivery address you stated when placing the order
5.2. If the your order is not delivered within the estimated delivery time quoted by us, please contact the us through our telephone lines or check the Live tracking of your order available on Application/Website. Still, we will take no responsibility for late delivery
5.3. In case of a late delivery, the delivery charge will neither be voided nor refunded
5.4. All risk in your order shall pass to you upon delivery
5.5. If you fail to accept delivery of your order at the time it is ready for delivery, or if we are unable to deliver at the nominated time due to your failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you
5.6. You must ensure that at the time of delivery of your order, there are adequate arrangements, including access where necessary to facilitate the delivery. We cannot be held liable for any damage, cost or expense incurred to such goods or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery
5.7. We shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery
5.8. Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or opt for delivery to an alternative delivery address at your instruction

Section 6: Cancellation

6.1. You must notify Kana Charis Restaurants through a phone call if you decide to cancel your order. Only cancellations that are made and received before the food is prepared shall be accepted and refunded
6.2. We may cancel an order if such order is not available for any reason. We will notify you if this is the case and return any payment that you have made
6.3. Once your cancellation is accepted, we will refund your money by either re-crediting your account, debit or credit card with the full amount or by giving you a café javas voucher equivalent to the amount due for refund, within 21 days of such cancellation. The refund shall include the delivery charge (where applicable) which you may have paid for the delivery of the order
6.4. In the unlikely event that we deliver a wrong order, you have the right to reject the delivery of the wrong item and you shall be fully refunded for the missing item or you could place another order in place of the wrong one. If we can only do a partial delivery (when a few items might not be available), our staff may call you to inform you of the same and to propose a replacement or for missing items. You have the right to refuse a partial order before delivery and get a refund. We are not responsible for wrong or partial or late delivery due to incorrect information, address or instructions from you

Section 7. Intellectual Property Rights

7.1. You hereby acknowledge that all rights, titles and interests in the content, arrangement and layout, the trademarks, service marks, package designs, text, including but not limited to rights covered by the Intellectual Property Rights, are proprietary to Kana Charis Restaurants, and that You will not acquire any right, title, or interest in or to the site or its content except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Application/Website or proprietary information related there to

Section 8: Information

8.1. Where we have requested information from you to provide our Goods or Services you agree to provide us with accurate and complete information.
8.2. You authorize us to use, store or otherwise process your personal information in order to provide the Food Delivery Services to you and for marketing and credit control purposes. The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the , our Goods or Service to you. More information can be found in our Privacy Policy.

Section 9: Complaints

9.1. We take complaints very seriously and place customers at the core of our processes
9.2. We aim to respond to your complaints within 24 business hours. Please submit any complaints to the following email address, info@kanacharisrestaurants.co.ke

Section 10: Limitation of Liability

10.1. Great care has been taken to ensure that the information available on this Application/Website is correct and error free. If it came to occur, we apologize for any errors or omissions that we might publish in our Application/Website. We cannot warrant that use of the Application/Website will be error free or fit for purpose. We will take our best to correct such errors in a timely and effective manner. Also, Neither can we warrant that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Application/Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy
10.2. By accepting these terms of use you agree to relieve us from any liability whatsoever arising from your use of information from any third party, or your use of any third party Application/Website, or your consumption of any food or beverages from Kana Charis Restaurants
10.3. We disclaim any and all liability to you for the supply of the Gods and services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods or Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence
10.4. We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website
10.5. We shall not be held liable for any failure or delay in delivering your orders where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, 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 direction and acts of third parties
10.6. If we have contracted to provide identical or similar order to more than one customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which orders we will fill and to what extent
10.7. The goods and services sold by us are provided for private consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, and loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Application/Website or for any products or services purchased from us
10.8. We have taken all reasonable steps to prevent Internet fraud and ensure any data 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 our secure computer servers or those of third parties
10.9. In the event Kana Charis Restaurants has a reasonable belief that there exists an abuse of vouchers and/or discount codes or in suspected instances of fraud, Kana Charis Restaurants may cause the customer) to be blocked immediately and reserves the right to refuse future service. Additionally, should their exist an abuse of vouchers or discount codes, Kana Charis Restaurants reserves the right to seek compensation from any and all violators
10.10. Offers are subject to Kana Charis Restaurants discretion and may be withdrawn at any time and without notice

Section 11: General

11.1. All prices for our goods and services are in Kenya Shillings.
11.2. We may subcontract any part or parts of the Services or Goods that we provide to you from time to time and we may assign part or parts of our rights under these T&Cs without your consent or any requirement to notify you.
11.3. We may alter or vary the Terms and Conditions at any time without notice to you.
11.4. Payment must be made either at the time of ordering the goods and services, from us by credit card or mobile money or at the time of delivery by cash. Failure to pay on time will result in the cancellation of your order.
11.5. Do not use or launch any automated system or program in connection with our Application/Website or its online ordering functionality
11.6. Do not collect or harvest any personally identifiable information from the Application/Website, use communication systems provided by the website for any commercial solicitation purposes, solicit for any reason whatsoever any users of the Application/Website with respect to their submissions to the website, or publish or distribute any vouchers or codes in connection with the Application/Website, or scrape or hack the Application/Website
11.7. The Terms and Conditions together with the Privacy Policy, any order form and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these T&Cs and any other term or provision on the Website, these T&Cs shall prevail
11.8. If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition
11.9. These Terms and Conditions shall be governed by and construed in accordance with the laws of Kenya. The parties hereto submit to the exclusive jurisdiction of the courts of Kenya. All dealings, correspondence and contacts between us shall be made or conducted in the English language
11.10. No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing

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