Terms & Conditions
These Terms and Conditions govern you (“User”) in your use and interactions with the application known as “KAI 4 U” (or any variation thereof) (“App”). These Terms and Conditions are to be incorporated into the order form contained within the App. If you do not agree to be bound by these Terms and Conditions you must immediately cease your use and access to the App.
KAI 4 U may at its sole discretion amendments, updates or alterations the App including these Terms and Conditions at any time without providing prior notice to the User. By continuing to use the App and the services of KAI 4 U, the User agrees to be bound by these Terms and Conditions and any such amendment, update or alteration.
1.0 INFORMATION ON APP
1.1 Information provided about any item of food, beverage or similar (“Product”) on the App does not ensure its availability.
1.2 The Product which is advertised on the App is subject to availability and KAI 4 U is not responsible for maintaining a constantly or consistently updated App.
1.3 KAI 4 U is not liable to the User (or any third party) if errors occur in the information provided in the App or if that information is not current and accurate.
1.4 KAI 4 U is a delivery service and is not directly involved in the production, preparation or making of the Product which may be described or contained in the App.
2.0 APP ORDERING
2.1 The App provides the ability for the User to order Product from various restaurants or food service providers in the Blenheim area and have the Product delivered to the User’s nominated address (if reasonable – refer clause 2.13).
2.2 The User may register its details in the App where appropriate.
2.3 KAI 4 U does not retain information relating to your credit card or other payment details.
2.4 KAI 4 U agrees to undertake any order which it receives through the App and in accordance with these Terms and Conditions, however will reserve the right to reject any order at the discretion of KAI 4 U and without reason.
2.5 If the User places an order through the App, the User acknowledges and agrees that KAI 4 U will assume that an order of Product via the App uses legitimate details and may be accepted by KAI 4 U to be a valid order by the User or on behalf of the User for which the User is obliged to pay.
2.6 The User acknowledges and accepts:
(a) The use of the App is provided to the User in good faith, however KAI 4 U does not guarantee the performance or availability of the App;
(b) KAI 4 U may, at its sole discretion, make the App unavailable or any part thereof at any time it sees fit with no notification required to be provided to the User;
(c) KAI 4 U is unable to guarantee that delays or errors will not occur when data is transmitted between the User and KAI 4 U. KAI 4 U is not liable for any losses which the User may suffer as
a result of ordering via the App where the App is unavailable or if delays or errors occur in transmitting orders;
(d) KAI 4 U is unable to guarantee that the App will be free from viruses, malware or otherwise and the User indemnifies KAI 4 U from any loss, expense or liability arising from any virus, malware or otherwise.
(e) KAI 4 U may deny or reject the registration of an account by a user or remove a registered user at its sole discretion.
2.7 KAI 4 U reserves the right to terminate the User’s account if it determines that the User has:
(a) (b) (c) (d) (e)
provided false or misleading information;
interfered with other users of the App or the service in general; interfered with the services provided by KAI 4 U;
violated these Terms and Conditions;
behaved in an unreasonable, abusive or discriminatory manner towards KAI 4 U or its agents.
2.8 If KAI 4 U suspects that one (1) user is the holder of more than one (1) registration within the App, whether through use of the same name, use of an alias or otherwise, KAI 4 U reserves the right to terminate the registration of any duplicate accounts and recover from the registered user any Loyalty Stamps which may have been earned by that user.
2.9 The User agrees to fully indemnify KAI 4 U from any claim, cost, demand or damage (including legal costs on a full indemnity basis) incurred or which may be incurred arising from a breach by the User of these Terms and Conditions.
2.10 The User acknowledges and accepts that KAI 4 U is unable to guarantee a time frame in which a product or products may be delivered. If the User receives an “estimated” time frame in which the User should expect to receive the Product, the User accepts that this is merely an estimate and KAI 4 U is not bound to deliver the Product within such estimated time frame, nor will KAI 4 U be held responsible for any loss, damage or otherwise which the User may incur as a result of delivery not occurring within the estimated time frame.
2.11 At least 45 minutes notice must be given to KAI 4 U in respect of any order which requires KAI 4 U to visit more than two (2) restaurants or food service providers.
2.12 KAI 4 U may, at its sole discretion, not accept orders for certain restaurants where such restaurant is too busy.
2.13 Delivery is not available to all areas and KAI 4 U reserves the right to decline delivery to the User if the delivery address is not considered reasonable or within the ordinary delivery area of KAI 4 U.
2.14 The User acknowledges and accepts that Payment Express will be a third party to any transaction which occurs between the User and KAI 4 U.
3.0 Refund Policy
3.1 KAI 4 U will provide an appropriate refund or remedy to the User if:
(a) KAI 4 U is unable to complete the delivery of an order to the User;
(b) the User received the order, however some of the Product which was ordered was missing (refer clause 1.2);
(c) the User received the order, however part of the order was incorrect; or
(d) the User received the order, however the entirety of the order was incorrect.
3.2 If the User requests a refund for any of the reasons at clause 3.1, the User acknowledges and accepts that it will not contact the restaurant or food service provider from which the order was obtained for a separate refund, unless there are issues with the food safety or the quality of the Product (as detailed within clause 4.0). KAI 4 U will not be responsible for matters of quality which are outside its ability to control.
3.3 If the User requests a refund, KAI 4 U may contact the User for further information if necessary and will not be required to immediately provide a refund if KAI 4 U believes that the situation may be capable of remedy.
3.4 KAI 4 U will not be required to provide a refund to the User in circumstances where:
(a) incorrect address details were supplied by the User which prevented the delivery of an order; or
(b) an order arrives outside the “estimated” delivery time.
In these circumstances, KAI 4 U may grant refunds and reserves the right to do so at its sole discretion.
4.0 SERVICE PROVIDERS
4.1 The User recognises that KAI 4 U is not directly involved in the making or production of the Product which may be delivered to the User.
4.2 If the Product supplied to the User is not of an acceptable quality, the User acknowledges and accepts that there will be no available recourse against KAI 4 U for such issues of quality.
4.3 The User further acknowledges and accepts that KAI 4 U will not be accountable or required to contact the restaurant(s) or food service provider(s) on behalf of the User to obtain a replacement, refund or similar for the Product which do not meet the standards of quality or food safety which the User would reasonably expect or which the restaurant(s) or food service provider(s) seek to uphold.
4.4 The User acknowledges that from time to time the restaurant(s) or food service provider(s) may, at their sole discretion, amend or alter the price of the Product if an incorrect price was quoted in the App, or if an incorrect price was generated due to a software fault, error, malicious attack or otherwise. The User agrees to indemnify KAI 4 U if any such event were to occur.
5.0 GOVERNING LAW
5.1 The Laws of New Zealand govern the use of the App and these Terms and Conditions.