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Terms & Conditions



 

Effective Date: 01 March 2024

1. Acceptance of Terms

Welcome to Chakula Restaurant Platform ("we," "us," or "our"). By using our services, you agree to be bound by these Terms and Conditions. If you do not agree to these terms, please refrain from using our services. These Terms and Conditions govern your use of our website and mobile application (collectively, "Platform") and the services offered through it.

2. Use of Services

2.1. Eligibility: You must be of legal age in your jurisdiction to use our services. By using our Platform, you confirm that you meet this eligibility requirement.

2.2. User Information: You agree to provide accurate, complete, and up-to-date information when using our services. This includes but is not limited to account registration, contact information, and payment details. We are not responsible for any consequences resulting from the provision of inaccurate or outdated information.

3. Account Creation

3.1. Account Responsibility: Some features of our services may require you to create an account. You are responsible for safeguarding your account credentials, including your username and password. You are liable for any activity that occurs on your account.

3.2. Account Security: You agree not to share your account information with others or permit unauthorized access to your account. If you suspect any unauthorized activity on your account, you must notify us immediately.

4. Orders and Payments

4.1. Order Placement: Customers may place orders for food and beverages from restaurants or establishments available on our Platform. By placing an order, you agree to pay the specified amount, which includes the cost of items, taxes, delivery fees, and any applicable service charges.

4.2. Payment Methods: We offer various payment methods for your convenience. You agree to provide accurate payment information and authorize us to charge your chosen payment method for the total amount of your order.

4.3. Pricing Changes: We reserve the right to change prices, fees, and payment methods at any time without prior notice. You will be charged based on the prices displayed at the time of order placement.

5. Cancellations and Refunds

5.1. Order Cancellations: Customers may cancel an order, subject to the cancellation policy of the restaurant or establishment. Cancellation policies may vary among different providers.

5.2. Refunds: Refunds for canceled orders or order issues are subject to the policies of the restaurant or establishment. We are not responsible for refunding or exchanging orders and do not assume liability for such matters.

6. Restaurant Owners

6.1. Restaurant Partners: Restaurant owners partnering with us must comply with our Partner Agreement, which outlines the terms and conditions for listing their establishments and fulfilling orders through our Platform.

6.2. Accuracy of Listings: Restaurant owners are responsible for ensuring the accuracy and completeness of their listings, including menu items, prices, and availability.

7. Delivery Drivers

7.1. Driver Partners: Delivery drivers partnering with us must comply with our Driver Agreement, which outlines the terms and conditions for providing delivery services through our Platform.

7.2. Conduct and Safety: Delivery drivers must adhere to safety guidelines, follow traffic laws, and conduct themselves professionally while using our Platform.

8. Privacy

8.1. User Data: We collect and use your personal information in accordance with our Privacy Policy. By using our services, you consent to the processing of your personal data as outlined in our Privacy Policy.

9. Intellectual Property

9.1. Ownership: All content on our Platform, including text, graphics, logos, images, software, and trademarks, is protected by copyright and other intellectual property laws. This content is the exclusive property of Chakula Restaurant Platform or its licensors.

9.2. Use Restrictions: You may not use, copy, distribute, modify, or reproduce our content without our explicit written permission.

10. User Conduct

10.1. Prohibited Activities: All users agree not to engage in any activities that are harmful, illegal, or that violate the rights of others when using our services. This includes but is not limited to:

  • Impersonating others or providing false information.
  • Engaging in fraudulent or deceptive practices.
  • Transmitting viruses, malware, or other harmful code.
  • Interfering with the operation of our Platform or other users' experiences.

11. Termination

11.1. Termination Rights: We reserve the right to terminate or suspend your access to our services at our discretion, with or without notice, if we believe you have violated these Terms and Conditions or for any other reason.

12. Disclaimers

12.1. Accuracy of Information: We do not guarantee the accuracy or availability of restaurant listings, menu items, or delivery times. While we strive to provide accurate and up-to-date information, restaurant offerings may change without notice.

12.2. Quality and Safety: We are not responsible for the quality, safety, or legality of food provided by restaurants or establishments. You acknowledge that the quality of food and beverages may vary among different providers.

13. Limitation of Liability

13.1. Disclaimer: To the fullest extent permitted by law, we are not liable for any direct, indirect, incidental, consequential, or punitive damages, losses, or claims arising out of your use of our services, including but not limited to:

  • Any errors, inaccuracies, or omissions in our services.
  • Any actions taken by restaurants, establishments, or delivery drivers.
  • Any unauthorized access or use of your account.

 

14. Phone Number Opt-In

14.1. By providing your phone number to us, you expressly consent to receive communications from us, including but not limited to SMS messages, calls, and notifications, for purposes such as account verification, order updates, promotions, marketing, and other business-related matters.

14.2. Consent to Receive SMS and Calls: By providing your mobile number and opting into communications, you consent to receive SMS messages and phone calls from us and its affiliates, which may include promotional content or other marketing messages. Standard messaging and data rates may apply. You may opt out of receiving such communications at any time by:

  • Replying "STOP" to any SMS message you receive from us

14.3. Opt-Out Rights: You can opt out of receiving promotional calls and text messages at any time by contacting us at Chakula-info@trackone.net or following the opt-out instructions provided in the SMS or call. Please note that even if you opt out of receiving marketing communications, we may still send you service-related messages necessary for managing your account or fulfilling your orders.

14.4. Data Privacy: Your phone number and other personal information will be treated in accordance with our privacy policy. For further details on how we collect, use, and store your data, please refer to our privacy policy.

15. Governing Law

15.1. Jurisdiction: These Terms and Conditions are governed by the laws of State of Maryland. Any disputes arising from or related to these terms shall be resolved in the courts of State of Maryland

16. Changes to Terms and Conditions

16.1. Updates: We may update these Terms and Conditions from time to time. Such updates will be effective upon posting on our Platform. We encourage you to review these terms periodically for any changes.

17. Contact Us

17.1. Questions and Concerns: If you have any questions, concerns, or inquiries related to these Terms and Conditions, please contact us at:

Chakula-info@trackone.net