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Terms and Conditions

Introduction

Welcome to Kitopi Catering Services LLC (“Kitopi”, “Company”, “we”, “our”, “us”)! These Terms of Service (“Terms”, “Terms of Service”) govern your use of our mobile application or website located at 

{{Pay.kitopi.com}} (together or individually “Kitopi Rewards” or “Platform”) operated by Kitopi for the ordering and delivery of food items (“Service”). 

By using our Service, you acknowledge that you have read and understood these Terms and agree to be bound by them. If you do not agree with these Terms, then you may not use our Service. These Terms apply to all visitors, users, and others who access or use the Service. 

By using our Service, you also acknowledge that you have read and understood our Privacy Policy, which can be found here: Privacy Policy | Kitopi. Our Privacy Policy sets out how we collect, use, safeguard and disclose information about you. Additional privacy policies may also apply to you, depending on how you use our Platform. We will notify you when such additional policies apply to you. 

Purpose

Our goal is to provide you with the ability to order food items for delivery from the brands owned by or partnered with Kitopi. 

Kitopi Rewards is a loyalty scheme designed to provide benefits to our customers. This loyalty scheme is accessible through the "Kitopi Rewards" platform, available on both iOS and Android app stores. Kitopi Rewards serves customers who order from more than 150 participating brands in United Arab Emirates. 

Kitopi Rewards is owned by Kitopi Catering Services LLC. We reserve the right to modify the platform and these Terms and its benefits from time to time at our discretion. Any changes will be communicated within the "Rewards" section and the updated terms and conditions. 

No use by minors

The Kitopi Rewards and Service is intended only for access and use by individuals aged 18 years old or older. By accessing or using the Service, you warrant and represent that you are at least 18 years of age and have the full authority, right, and capacity to enter into these Terms and abide by all of the terms and conditions of these Terms. If you are not at least 18 years old, you are restricted from both access to and usage of our Service. 

Amendments To Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service. 

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with us or a third- party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. 

We reserve the right to withdraw or amend the Platform, and any service or material we provide via the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform and Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform or Service to users, including registered users. 

Purchases

When using the Service and purchasing items, you may be asked to supply certain information relevant, including but not limited to your credit or debit card number, the expiration date of your card, your billing address, and your shipping information. 

You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with the Service; and that (ii) the information you supply to us is true, correct, and complete. We may employ the use of third-party services for the purpose of facilitating payment and the completion of purchases. By submitting your information, you grant us the right to provide the information to these third parties. For more information about how and why we may disclose your information to third parties, please refer to our Privacy Policy. 

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. 

Earning Points

Kitopi Rewards allows customers to earn points in the form of cashback for orders made through any of our affiliated brands, regardless of the ordering channel. Here's how it works: 

  • Customers receive points with each order placed through any channel; 

  • In-app orders results in a 5-20% cashback; 

  • Dining at our physical locations and scanning the QR code on the receipt grants a 5-20% cashback; 

  • Cashback is calculated based on the amount paid for food items, excluding discounts, delivery fees, and service charges; 

  • Points Validity. 

Points accrued from transactions maintain validity as follows: 

  • Until August 21, 2023, points are valid for 45 days; 

  • Starting from August 27, 2023, newly collected points will be valid for 1 year; 

  • Points not used within the validity period will be removed from the account. 

Redeeming Points

Customers can redeem their earned points to make payments for orders. Points can be used as follows: 

  • Within the app, customers can apply points as a payment method during checkout; 

  • Points can be used to fully or partially pay for orders; 

  • Points can only be used for food orders; they cannot be applied to cover delivery or service charges. 

Cancellation and Refunds

In cases of order cancellation or issues with order processing: 

  • No points will be earned for cancelled orders; 

  • Points for cancelled orders will be reinstated if the cancellation occurs before food preparation; 

  • For partially or fully paid orders, if an order is not processed and subsequently cancelled, points will be refunded within 24 hours; 

  • Users seeking expedited point refunds can contact our customer support. 

Cashback Levels and Changes:

Cashback rates are subject to change. As of the current terms: 

  • Dine-in orders offer 5-20% cashback; 

  • In-app orders offer 5-20% cashback 

  • Customers can find the latest cashback rates within the "Rewards" section of the app. 

Kitopi retains the right to change the cashback levels at any time, at our discretion. 

Communications

By using our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at info@kitopi.com. 

Contests, Sweepstakes, and Promotions

Any contests, sweepstakes, or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the terms and conditions of such Promotions as provided accordingly. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply. 

Refunds

In an effort to achieve customer satisfaction, we may refund in appropriate cases should there be a problem with your food order. Please contact us at the respective restaurant's hotline number, and we will address the issue. The following cases may be eligible for partial or full refunds: 

  • You did not receive your order; 

  • The order you received was incorrect; 

  • The order had missing items; 

  • The expected time span for reporting these issues is within the same day of the order. 

Applicable refunds will be made through the original mode of payment and through Kitopi only. You will under no circumstances seek a “chargeback” from directly from our partnered brands. Should you do so, we may, in our sole discretion, refuse to honour future orders made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Platform. 

Meals

In the event your ordered item is unavailable, we may offer an alternative option. We cannot guarantee that any of the food orders sold are free of allergens. 

Content

Content found on or through the Kitopi Rewards and this Service is the property of Kitopi or is by us with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us. 

Prohibited Uses

You may use the Kitopi Rewards and/or the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Kitopi Rewards and/or the Service: 

  • In any way that violates any applicable national or international law or regulation; 

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise; 

  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; 

  • To impersonate or attempt to impersonate the Company, a Company’s employee, another user, or any other person or entity; 

  • In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity; 

  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm or offend the Company or users of the Service or expose them to liability. ​

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Additionally, you agree not to: 

  • Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service, including their ability to engage in real- time activities through the Service; 

  • Use any robot or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service; 

  • Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent; 

  • Use any device, software, or routine that interferes with the proper working of the Service; 

  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful; 

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service; 

  • Attack the Service via a denial-of-service attack or a distributed denial-of-service attack; 

  • Take any action that may damage or falsify the Company rating; 

  • Otherwise attempt to interfere with the proper working of the Service. 

Analytics

We may use third-party service providers to monitor and analyse the use of our Service. For more information about how and why we may disclose your information to third parties, please refer to our Privacy Policy. 

Intellectual Property

All the materials on the Platform, which includes trademarks, logos, images, service marks, these Terms, among others, represents the Intellectual Property owned by Kitopi and/or third parties which have granted Kitopi the right to use them ("Intellectual Property"). It is imperative that you refrain from any use, duplication, reproduction, publication, uploading, posting, transmission, distribution, or modification of this Intellectual Property without obtaining our explicit prior written consent. Unauthorized utilization of our Intellectual Property, including but not limited to Kitopi's trademarks and copyrights related to the Kitopi or any of Kitopi’s brands logo on unapproved websites, is strictly prohibited. Kitopi is dedicated to vigorously upholding its Intellectual Property rights, and we may take legal action, including criminal prosecution, when necessary. 

Please bear in mind that Kitopi does not warrant or represent that your use of the materials displayed on the Platform will not infringe upon or amount to the misappropriation of the rights of third parties unaffiliated with Kitopi. Your utilization of any materials on the Platform is entirely at your own risk. 

Content Copyright Policy

These content guidelines are applicable to all content you submit to the Kitopi Rewards and/or our Service (“Content”). These terms apply to each element within your Content and the Content in their entirety. Your Content should maintain accuracy and reflect genuine opinions. Additionally, they must comply with the relevant laws of the United Arab Emirates and in any other country from which they are posted. 

Your Content should abstain from: 

  • Including content that could defame individuals, is obscene, offensive, incendiary, or promotes explicit or violent material, or endorses discrimination based on factors such as race, gender, religion, nationality, disability, sexual orientation, or age; 

  • Violating the copyright, database rights, or trademarks of others; 

  • Engaging in activities that may create deception or breach legal obligations owed to third parties, such as contractual duties or confidentiality, or promoting any form of illegal activities; 

  • Conveying threats, abusive language, or infringing on someone's privacy, resulting in annoyance, inconvenience, unnecessary anxiety, or harassment, embarrassment, alarm, or annoyance to others; 

  • Assuming false identities or affiliations, or giving the false impression that the Contributions originate from us when they do not; 

  • Advocating, promoting, or assisting in any form of unlawful activities, including but not limited to copyright infringement or computer misuse. 

We do not permit copyright infringing activities and infringement of intellectual property rights on the Kitopi Rewards and will remove any such Content if properly notified that such Content infringes on another's intellectual property rights. We reserve the right to terminate privileges of any user who engages in copyright infringement. 

Indemnity

You shall indemnify, defend, and hold Kitopi, its parent companies, subsidiaries, affiliates, agents, officers, directors, and employees harmless from and against any and all claims, demands, damages (whether direct, indirect, or consequential), including reasonable attorney's fees, arising out of or related to your use of the Platform, your submissions, any alleged infringement of intellectual property or other rights of any person or entity in connection with the Platform, your violation of these Terms, and any other actions or omissions related to the Platform.

Error Reporting and Feedback

You may provide us either directly at info@kitopi.com or via third-party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: 

 

  • you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; 

  • Kitopi may have development ideas similar to the Feedback; 

  • Feedback does not contain confidential information or proprietary information from you or any third party; and 

 

  • Kitopi is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Kitopi and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub- licensable, unlimited, and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) the Feedback in any manner and for any purpose. 

Links To Other Web Sites

Our Service may contain links to third-party websites or services that are not owned or controlled by Kitopi and are provided for your information only. Kitopi has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites. YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES. WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF 10-90316224-1\376037-4 ANY THIRD-PARTY WEB SITES OR SERVICES THAT YOU VISIT, AS DIFFERENT TERMS OF SERVICE AND PRIVACY POLICIES WILL APPLY TO YOUR USE OF SUCH THIRD PARTY WEB SITES OR SERVICES.

Disclaimer Of Warranty

THE KITOPI REWARDS AND THE SERVICES ARE PROVIDED BY KITOPI ON AN “AS IS” AND “AS AVAILABLE” BASIS. KITOPI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK. NEITHER KITOPI NOR ANY PERSON ASSOCIATED WITH KITOPI MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER KITOPI NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT KITOPI REWARDS, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. kitopi HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

To the extent permitted by law, we exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with the Kitopi Rewards, our Service, and any website linked to Kitopi Rewards and any materials posted on it. This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law. 

Termination

We may terminate or suspend your account and restrict access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 

Waiver And Severability

No waiver by Kitopi of any term or condition set forth in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Kitopi to assert a right or provision under the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. 

Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or relating to them, or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Dubai International Financial Centre (“DIFC”). The courts of the DIFC shall have exclusive jurisdiction over any claim arising from, or in connection with, your visit to the app or use of the Service. 

Acknowledgment

BY USING THE PLATFORM AND THE SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM. 

Contact Us

Please send your feedback, comments, requests for technical support by email: info@kitopi.com.

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