Terms and Conditions

Terms and Conditions

Last Updated: January 1, 2024

1. Acceptance of Terms

By creating an account, placing an order, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms apply to all users of the Service, including customers, delivery drivers, and restaurant partners.

2. Description of Service

KwikieMart is a food delivery platform that connects customers with local restaurants and food establishments. We facilitate the ordering and delivery of food items through our mobile application and website. We act as an intermediary between customers and restaurants, and we are not responsible for the quality, safety, or accuracy of the food items provided by restaurants.

3. User Accounts

To use certain features of our Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and update your account information to keep it accurate
• Maintain the security of your password and account
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

4. Orders and Payment

When you place an order through KwikieMart:

• You agree to pay all charges associated with your order, including food items, delivery fees, service charges, and applicable taxes
• All prices are displayed in the currency of your location and are subject to change without notice
• Payment must be made through our accepted payment methods (credit/debit cards, digital wallets, cash on delivery where available)
• We reserve the right to refuse or cancel any order at our discretion
• Restaurants may modify or cancel orders due to unavailability of items

5. Delivery

Delivery times are estimates and not guaranteed. We are not responsible for delays caused by:

• Traffic conditions or weather
• Restaurant preparation times
• Incorrect or incomplete delivery addresses
• Unavailability of delivery drivers
• Other circumstances beyond our reasonable control

You are responsible for ensuring that your delivery address is correct and accessible. If delivery cannot be completed due to an incorrect address or your unavailability, you may still be charged for the order.

6. Cancellations and Refunds

Order cancellation policies vary by restaurant and order status:

• You may cancel an order before the restaurant begins preparation
• Once preparation has started, cancellation may not be possible
• Refunds will be processed according to our refund policy and may take 5-10 business days
• If an order is cancelled by the restaurant or due to unavailability, you will receive a full refund
• We reserve the right to refuse refunds for orders that have been delivered and accepted

7. User Conduct

You agree not to:

• Use the Service for any illegal purpose or in violation of any laws
• Harass, abuse, or harm other users, delivery drivers, or restaurant staff
• Impersonate any person or entity or falsely state your affiliation
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any portion of the Service
• Use automated systems to access the Service without permission
• Post false, misleading, or fraudulent reviews or ratings

8. Intellectual Property

The Service, including its original content, features, and functionality, is owned by KwikieMart and protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of any content from the Service without our express written permission.

9. Restaurant Partners

Restaurants using our platform are independent businesses. We are not responsible for:

• The quality, safety, or accuracy of food items
• Food allergies or dietary restrictions
• Restaurant operating hours or availability
• Restaurant pricing or menu changes

If you have issues with food quality or safety, please contact the restaurant directly or our customer support.

10. Delivery Drivers

Delivery drivers are independent contractors, not employees of KwikieMart. We are not responsible for:

• Driver conduct or behavior
• Delivery vehicle safety or condition
• Traffic violations or accidents involving drivers

11. Limitation of Liability

To the maximum extent permitted by law, KwikieMart shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising out of or in connection with your use of the Service.

12. Indemnification

You agree to indemnify and hold harmless KwikieMart, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of your use of the Service or violation of these Terms.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes by posting the new Terms on this page and updating the "Last Updated" date. Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

14. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice, for any reason, including breach of these Terms. Upon termination, your right to use the Service will cease immediately.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which KwikieMart operates, without regard to its conflict of law provisions.

16. Dispute Resolution

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the applicable arbitration association, except where prohibited by law.

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17. Contact Information

If you have any questions about these Terms, please contact us at:

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and KwikieMart regarding your use of the Service and supersede all prior agreements and understandings.