Overview

• These terms cover your access and use of Kazi’s App(s)/Website(s) Services and your use of Kazi Products (the “Terms”).
• You must read carefully and agree to the Terms prior to accessing and using Kazi’s App(s)/Website(s) Services or Kazi Products. These Terms expressly supersede prior agreements or arrangements about the App(s)/Websites Services (as defined below) and Kazi Products between you and Kazi.
• These Terms apply to the extent they do not conflict with any user and supplemental terms that specifically apply to Kazi’s App(s)/Website(s) Services and Kazi Products. You will be asked to agree to any such terms separately.
• By using Kazi’s App(s)/Website(s) Services, you confirm you accept these Terms. If you do not agree to these Terms, you may not access or use Kazi’s App(s)/Website(s) Services. We recommend that you keep a copy of these terms for future reference.
• If we have to contact you, we will do so by push notification from Kazi’s mobile application, phone call, text message or email, using the details you provided to us on registration for Kazi’s mobile application. When we use the words “writing” or “written” in these terms, this includes emails, texts and push notifications.
• Unless otherwise agreed separately in writing, the App(s)/Website(s) Services and Kazi Products are made available to you for your personal non-commercial use.

Kazi Provider Services

• The specific terms governing Kazi Provider Services, other than Kazi Transportation Services, may be set out in additional terms or a separate agreement. For Kazi Provided Services, Kazi is the service provider contracting directly with you.
• Kazi is free to decide to accept or reject a request. Acceptance is communicated to you through Kazi’s mobile applications and/or websites and the related terms or agreement will set out when a direct contract forms between you and Kazi.

Third Party Services

• For Third Party Services, Kazi acts as a disclosed agent between you and the Third Party Providers to enable them to provide the Third Party Services to you. Kazi does not provide Third Party Services. All Third Party Providers are independent third party contractors, registered businesses or other legal entities who are not employed by or acting on behalf of Kazi.
• When you are logged in, online and in the service area of a Third Party Provider, you will be given information in Kazi’s mobile applications and/or websites about the Third Party Services before you decide to make a request.
• Third Party Providers are free to decide to accept, reject or ignore a request. Acceptance is communicated to you through Kazi’s mobile applications and/or websites and will give rise to a direct contract between you and the Third Party Provider (for Third Party Services).
• You may be asked to rate the Third Party Provider whose services you requested. The Third Party Provider may also be able to give you a rating. Although your rating by itself will not make you lose access to Kazi’s App(s)/Website(s) Services, Third Party Providers may see your rating in Kazi’s mobile applications and/or websites and this rating may affect whether or not they decide to provide Third Party Services to you.
• The Third Party Provider is responsible for any obligations that may arise from the provision of the Third Party Services.

Privacy Notice

• Kazi collects, uses and discloses information from or about you as described in Kazi’s Privacy Notice. Additional privacy notices may apply, including from third party controllers, for Kazi Provided Services or Third Party Services. We will notify you when such notices apply to you.

Charges and Payment

• Charges for Kazi Provided Services and Third Party Services.
  1. If you make a request through Kazi’s mobile applications and/or websites, you agree to pay the relevant charges as described in Kazi’s mobile applications and/or websites and will be responsible for any charges or fees linked to your account.
  2. Depending on the Kazi Provided Service or Third Party Service used, including, but not limited to, its location, the charges may be displayed on Kazi’s mobile applications and/or websites before a request is placed. In other cases, the charges will depend on your use of the Third Party Services or Kazi Provided Services. We may provide an estimate of these charges. Please be aware that the final amount charged to you may be different from the estimate.
  3. You may be charged supplementary charges, costs and/or fines, for your use or misuse of Kazi Provided Services and/or Third Party Services (such as repair or cleaning fees).
  4. In some cases, if the Kazi Provided Services or the Third Party Services cannot be performed due to your action or inaction (for example, if you are not present at the pick-up or delivery location to receive a delivery), all charges may apply.
  5. Once the Kazi Provided Service or the Third Party Service has been provided, we may issue you with an invoice from Kazi or on behalf of the Third Party Provider, as applicable. The invoice will include VAT, if applicable.
     1. For more information about charges and supplementary charges, fees, costs and/or fines specific to the relevant Kazi Provided Service or Third Party Service please consult the support section in Kazi’s mobile applications and/or websites.
     2. The charges may be modified in Kazi’s mobile applications and/or websites from time to time.
     3. The charges do not include tips. Where available, you may pay tips, either in person or through Kazi’s mobile applications and/or websites. We will collect tips paid through Kazi’s mobile applications and/or websites on your behalf and remit them.
     4. Unless otherwise agreed, all charges are due immediately upon a request being placed and payment will be facilitated by Kazi using the preferred payment method associated with your account, after which Kazi will send you a receipt by email. If your primary payment method is not able to be charged, Kazi may use a secondary payment method if available. If your payment method(s) are unavailable, we reserve the right to continue to try to take payment.
     5. Charges are inclusive of applicable taxes including VAT unless specifically stated otherwise.

Cancellation

• In some cases, you do not have the right to cancel the request for the Kazi Provided Services and Third Party Services once it has been accepted. However, for certain Kazi Provided Services or Third Party Services, Kazi or the Third Party Service Provider (as appropriate) may allow you to cancel the request, but you may be charged a cancellation fee.
• Kazi may refuse requests and cancel the Third Party Services or Kazi Provided Services if there is reasonable doubt about the correctness or authenticity of the request or about the contact information. In this case too, a cancellation fee may be charged. We may also end any contract in place between you and Kazi.

Termination

• You are free at all times to use the App(s)/Website(s) Services (where and when available) and may terminate these Terms and the App(s)/Website(s) Services by closing your account.
• We may terminate these Terms and your access to the App(s)/Website(s) Services with immediate effect if we conclude that there is a breach by you of these Terms or any other agreement between you and Kazi for the provision of Kazi Products.
• Kazi may, in its sole discretion, terminate these Terms or discontinue the App(s)/Website(s) Services at any time by giving you reasonable advance notice in writing.
• If we cannot charge the relevant charges to your preferred payment method we may suspend or remove your access to the App(s)/Website(s) Services until payment is made.
• You must immediately pay any outstanding charges due to Third Party Providers or Kazi by you upon termination. Any such charges will survive termination and we reserve all rights to collect payment after termination.

Your liability and Indemnity

• You are liable for any damage suffered by us as a result of your violation of these Terms, your misuse of the App(s)/Website(s) Services and Kazi Products or your violation of any laws or third party rights. You are liable for all activities conducted through your account unless such activities are not authorised by you and you are not otherwise negligent.
• In order to have access to the App(s)/Websites(s) Services, you agree to indemnify, defend (at our option) and hold us and our respective officers, directors, and employees harmless from and against all claims, liabilities, expenses, damages, penalties, fines, social security contributions and taxes arising out of or related to a breach of these Terms, breach of applicable law or third party claims directly or indirectly related to your use of the Third Party Services and the Kazi Provided Services generally.

Limitation of Liability

• Nothing in these Terms limits or excludes any liability which cannot legally be limited or excluded, including liability for death or personal injury caused by negligence and liability for fraud or fraudulent misrepresentation or alters your rights as a consumer that cannot be excluded under applicable law.
• Kazi, its affiliates, directors, officers, employees, workers, agents and/or subcontractors are not liable under or in relation to these Terms including, but not limited to, liability in contract, tort (including negligence, misrepresentation), breach of statutory duty, restitution or otherwise for any of the following arising out of or in connection with the use of the App(s)/Website(s) Services and/or Kazi Products made available through the App(s)/Website(s) Services: (i) loss of profits; (ii) loss of sales or business; (iii) loss of agreements or contracts; (iv) loss of anticipated savings; (v) loss of use or corruption of software, data or information; (vi) loss of or damage to goodwill and (vii) indirect or consequential loss.
• Kazi, its affiliates, directors, officers, employees, workers, agents and/or subcontractors are not liable for:
  1. in relation to Kazi Transportation Services, any Booking that is not accepted or is otherwise cancelled by Kazi.
  2. damages or losses arising from any transaction between you and a Third Party Provider;
  3. the availability and accuracy of the content, products or services of the Third Party Provider; or
  4. delay or failure in performance resulting from causes beyond our reasonable control.
• Our total liability to you, arising out of these Terms or their subject matter, or in connection with the provision to you of the App(s)/Website(s) or Kazi Products, in contract, tort (including negligence, misrepresentation), breach of statutory duty, restitution or otherwise, shall not exceed five hundred pounds sterling (£500), unless otherwise agreed in relation to a specific Kazi Product.
• Kazi, and its affiliate entities, are not liable for business losses. App(s)/Website(s) Services are provided only for private use. If you use App(s)/Website(s) Services for any commercial or business purpose Kazi will have no liability to you for any loss of profit, loss of business, loss of revenue, business interruption, or loss of business opportunity (whether or not such loss could be reasonably expected to flow from our negligence or breach of these Terms).

General

• Kazi may change these Terms from time to time. We will inform you of changes within a reasonable time period. You will be bound by such changes upon their notification to you in Kazi’s mobile applications and/or websites and/or by email. If you do not agree with these changes, you are free to close your account in accordance with Section 7.1. These Terms were most recently updated as at the outset of this document.
• The invalidity of any provisions in these Terms does not affect the validity and enforceability of the rest of these Terms. Any such invalid, illegal or unenforceable provisions shall be deemed deleted.
• We may assign, subcontract or transfer these Terms or any of our rights or obligations in them, in whole or in part, without your prior consent, provided this will not lead to a reduction of the rights you are entitled to by virtue of these Terms or by law. We will tell you if this happens. You may not assign, subcontract or transfer these Terms or any of our rights or obligations, in whole or in part, as your use of the Kazi’s App(s)/Website(s) is personal, unless agreed otherwise.
• These Terms replace all previous agreements relating to your access and use of the App(s)/Website(s) Services. In addition, in the event of any conflict between these Terms and any previous agreements relating to your use of Kazi Transportation Services, these Terms shall prevail.
• You may be required to accept additional terms to access or use the App(s)/Website(s) Services and/or Kazi Products. If there is a conflict between these Terms and the separate agreement, the latter will have precedence unless specified otherwise in the separate agreement.
• There are no third party beneficiaries to these Terms except as provided for in these Terms.

Dispute Resolution Process

• In the event of a dispute, we would ask you to raise a complaint using the contact details in the “About Us” section above. In the unlikely event that we cannot resolve the dispute, we will work with you to discuss a way forward to resolve the dispute, which may include mediation. Kazi’s right to refer the dispute to a court is expressly reserved. Kazi does not commit to using an online dispute resolution platform to resolve consumer disputes.

Governing Law and Jurisdiction

• These Terms shall be exclusively governed by and construed in accordance with the laws of user’s Country.

APP(S)/WEBSITE(S) SERVICES

• By accessing and using the App(s)/Website(s) Services you accept these Terms
  1. By accessing and using the App(s)/Website(s) Services in another country, your access and use may be subject to country-specific terms. You can locate those terms by navigating to this page and choosing the country from which you wish to access the Apps(s)/Website(s) Services.
  2. Kazi’s mobile applications and/or websites may be made available to you under various branding depending on the Kazi Product(s) you are accessing or using at the time.

• Your access to and use of the App(s)/Website(s) Services
  1. Kazi’s mobile applications and/or websites can be downloaded or accessed on most modern mobile devices with an internet connection and equipped with popular operating systems such as Android or iOS.
  2. You are responsible for obtaining the network access necessary to use the App(s)/Website(s) Services and are responsible for any rates and fees from your mobile network provider, including from data consumption while using Kazi’s mobile applications and/or websites. You are also responsible for obtaining compatible devices and operating systems necessary to use the App(s)/Website(s) Services, including any software or hardware updates.
  3. We provide the App(s)/Website(s) Services “as is” and “as available.” The App(s)/Website(s) Services, or any related digital content, may be subject to limitations, delays, and/or other problems inherent to the use of the internet and electronic communications and are not guaranteed to be available, uninterrupted or error free at all times. Kazi may suspend or withdraw or restrict the availability of all or any part of the App(s)/Website(s) Services for business and operational reasons. Kazi will try to give you reasonable notice of any suspension or withdrawal.
  4. To use the App(s)/Website(s) Services in the United Kingdom, you must register in Kazi’s mobile applications and/or websites and set up an account and you must be eighteen (18) or older. To use the App(s)/Website(s) Services in the United Kingdom you must be eighteen (18) or over. The terms governing specific Kazi Provided Services or Third Party Services may impose different age requirements.
  5. You must provide us with certain personal information to register and set up your account, including your phone number and email address. To use the App(s)/Website(s) Services, Kazi Provided Services or certain Third Party Services, you may need to provide at least one valid payment method (that is, a credit card, debit card or any other accepted payment method). You may need to provide additional information and documents before using certain Kazi Provided Services or Third Party Services, such as your address.
  6. You are under no obligation to log in to, or use, Kazi’s mobile applications and/or websites. If you choose to stop using Kazi’s mobile applications and/or websites you may do so without giving us any notice. You further agree that Third Party Providers are under no obligation to log in to, or use, Kazi’s mobile applications and/or websites.
  7. Kazi may temporarily restrict your access to and use of the App(s)/Website(s) Services if there is a suspected breach of your obligations (see Section ‎15 below) or otherwise of these Terms, including where we receive a complaint in relation to fraud. There may be circumstances in which we are unable to provide you with information about the complaint whilst an investigation is ongoing (by us and/or a third party such as the police).
• Your Obligations when using the App(s)/Website(s) Services
  1. When using the App(s)/Website(s) Services, you must comply with all applicable laws. You may only use the App(s)/Website(s) Services for lawful purposes and for the purposes for which they were intended as otherwise referenced in these Terms. You must not misuse Kazi’s mobile applications and/or websites or attempt to defraud either us or Third Party Providers. For more information about what is expected from you, please consult our Community Guidelines.
  2. You must provide accurate and complete information when you register an account and when using the App(s)/Website(s) Services.
  3. Your account is personal to you. Your account cannot be licensed or shared unless expressly permitted by Kazi. Once you have set up an account, you:
  1. may not register more than one account unless we agree otherwise in writing;
  3. may not allow third parties to use your account or transfer your account to a third party;
  5. must keep your account information accurate, complete and up-to-date;
  7. must keep your login details safe and confidential at all times; and
  9. must tell us immediately if you have any reason to believe that someone else knows your username or password or if you suspect that someone else is using your account.
  1. You will be responsible for paying any fees or charges that may be incurred as a result of the provision of Kazi Provided Services or Third Party Services requested through your account.
  2. You must not, in your use of the App(s)/Website(s) Services, cause any nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider, Kazi or any other party.
  3. You will not be charged for using the App(s)/Website(s) Services. However, we reserve the right to introduce a usage charge, in which case you will be informed in writing and given the opportunity to terminate these Terms before any such charge is introduced. If you choose to terminate these Terms, you will no longer be able to access or use the App(s)/Website(s) Services.
  4. We reserve the right to introduce a fee, and we will inform you, for specific features on Kazi’s mobile applications and/or websites, in which case you can decide if you wish to proceed. These may be subject to separate terms, which Kazi will make available to you at the time.

What if there’s a problem with my App(s)/Website(s) Services? If there is a problem with the App(s)/Website(s) Services, or if you have a complaint, please contact us on the details set out in the “About Us”section above.

• Do not rely on information made available to you on the App(s)/Website(s) Services.
  1. Although Kazi makes reasonable efforts to update the information provided through the App(s)/Website(s) Services, Kazi makes no representations, warranties or guarantees, whether express or implied, that the content on the mobile applications and/or websites is accurate, complete or up to date.
  2. Ownership of and rights in the App(s)/Website(s) Services
  3. Kazi reserves all rights not expressly granted in these Terms. The App(s)/Website(s) Services, Kazi’s devices and all data gathered through Kazi’s mobile applications and/or websites (including all intellectual property rights in all of the foregoing) are and remain Kazi’s property or the property of Kazi’s licensors.
  4. You may not, and may not allow any other party to: (a) license, sublicense, copy, modify, distribute, create, sell, resell, transfer, or lease any part of Kazi’s mobile applications and/or websites; (b) reverse engineer or attempt to extract the source code of Kazi’s mobile applications and/or websites except as allowed under law; (c) launch or cause to launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any part of Kazi’s mobile applications and/or websites or data; (d) use, display, or manipulate any of Kazi Names, Marks, or Works for any purpose other than to use the App(s)/Website(s) Services; (e) create or register any (i) businesses, (ii) URLs, (iii) domain names, (iv) software application names or titles, or (v) social media handles or profiles that include Kazi Names, Marks, or Works or any confusingly or substantially similar mark, name, title, or work; (f) use Kazi Names, Marks, or Works as your social media profile picture or wallpaper; (g) purchase keywords (including, but not limited to Google AdWords) that contain any Kazi Names, Marks, or Works; or (h) apply to register, reference, use, copy, and/or claim ownership in Kazi’s Names, Marks, or Works, or in any confusingly or substantially similar name, mark, title, or work, in any manner for any purposes, alone or in combination with other letters, punctuation, words, symbols, designs, and/or any creative works; except as may be permitted in the limited license granted under Section below.
  5. Subject to your compliance with these Terms, we grant you a personal, worldwide, non-exclusive, non-transferable, revocable, non-sublicensable license to install and/or make use of Kazi’s mobile applications and/or websites on your device solely for your use and for you to access and use information made available through Kazi’s mobile applications and/or websites. Any rights not expressly granted herein are reserved by Kazi and Kazi’s licensors.

Kazi TRANSPORTATION SERVICES

• Service Provider and Private Hire Vehicle Operators of Kazi Transportation Services
  1. For Kazi Transportation Services within the relavant country, you will be contracting with the Kazi entity which has accepted your booking as the relevant licensed private hire operator.
  2. For passenger journeys which commence in your operational country; You will be notified in Kazi’s mobile application and/or website if your booking has been accepted by Kazi.

• You can contact the relevant entity using the contact details in the “About Us” section above.
• Pursuant to the Legislation, a booking request made by you can only be accepted by a person that holds a private hire operator’s or booking office licence.
• Kazi’s Contract with you for Kazi Transportation Services

• 1. A request for a Booking constitutes an offer by you to purchase Kazi Transportation Services in accordance with these Terms. This Booking request will set out the main characteristics of the Kazi Transportation Services (including pick up and drop off points). Your offer shall only be accepted when Kazi issues written confirmation of the relevant Kazi Transportation Service via text message, email or push notification from Kazi’s mobile application, at which point and on which date and time a contract for Kazi Transportation Services to which the Booking relates shall come into existence (“Contract“). There is no obligation on us to accept a Booking and it may be declined for any reason. ​​If a driver becomes unavailable after we have provided you with written confirmation of the Contract, we will endeavour to find you another driver for your Booking. Where an alternative driver cannot be found, we reserve the right to terminate the Contract without compensation to you.
  2. The Community Guidelines form part of your Contract with Kazi .
  3. We will inform you of the estimated time of driver arrival and estimated time of journey completion, but these are estimates only and time shall not be of the essence. If we cannot accept your Booking request, we will inform you of this and will not charge you for Kazi Transportation Services. Your Contract will end when the passenger journey ends or as otherwise may be provided for in these Terms.
  4. The price for the Contract (which will include VAT, if applicable) will be provided to you via Kazi’s mobile applications and/or websites before you place your Booking request. This may include relevant surcharges (including airport pickup, dropoff, tunnel tolls, parking or other airport charges) and/or tolls, road charging schemes, including congestion charge, charges for low emission or similar zones, and road tax. You may be charged a different amount than the price provided in certain situations, including but not limited to, material changes to the pick/up drop off point, route taken, driver waiting time, stops or traffic. In this situation, the rates that will apply will be available to you via Kazi’s mobile application and/or websites. These may be modified or updated from time to time. It is your responsibility to remain informed about the current rates for the transportation services. More information can be found here. Additional charges may also apply, for instance if you, or any passenger, soils, contaminates, or damages a vehicle, in which case you may be charged for such damage, as well as for a cleaning fee as more particularly set out in the Community Guidelines.
  5. Our accepted payment methods are set out on our App. When you make a Booking request, Kazi may need to verify your payment method by issuing a temporary authorisation hold from your bank. For more information, please click here. When Kazi has completed the Kazi Transportation Services, if you think a payment is incorrect, please contact us promptly to let us know.
  6. You can make changes to your Contract through Kazi’s mobile application. It will confirm if the change is not possible.
  7. Kazi and its affiliates may make changes to its Kazi Transportation Services at any time, including to reflect changes in relevant laws and regulatory requirements.
  8. Your right to cancel a Contract depends on when you decide to end the Contract. Please see Section 6 of these Terms for Cancellation of a Contract as well as our Cancellation Policy for Rides. If Kazi is not at fault, and you do not have a right to change your mind, you can still end your Contract, but you may be charged a cancellation fee in accordance with our cancellation policy. To cancel your Contract, please follow the steps on the Kazi’s mobile application. Kazi will make refunds due to you as soon as possible, where applicable.
  9. Kazi may end your Contract in certain circumstances, as provided for in these Terms. If Kazi ends the Contract, Kazi will refund any money you have paid in advance but it may deduct or charge you as compensation for the net costs it incurs if you have broken the terms of the Contract.

• Kazi also provides to you certain booking services which include:

• 1. Accepting Bookings requested by you (which include Bookings requested in advance by you using the “scheduled ride” function in the Kazi app) in accordance with sub-paragraph above, but without prejudice to Kazi ‘s rights at its sole and absolute discretion to decline any such request and/or cancel an accepted Booking;
  2. Keeping records of Bookings;
  3. Remotely monitoring transportation services booked using the Kazi app;
  4. Receiving and dealing with feedback, questions and complaints from you relating to Bookings accepted by Kazi , which may be made at Kazi.pro/help-center; and Managing any lost property queries,(together the “Booking Services”).

• What if there’s a problem with my Kazi Transportation Services

• 1. If there is a problem with Kazi Transportation Services, or if you have a complaint, please contact us on the details set out in the “About Us” section above.
  2. Please note, however, that all private hire vehicles are required by law to hold and maintain PHV insurance in order for drivers to legally carry and transport passengers. If your problem relates to a motor incident, please contact us for your driver’s insurance details in order to progress matters. We will not be liable for any matters covered by your driver’s Motor insurance unless and until you have exhausted all potential remedies related to motor accidents.
  3. If Kazi , or its affiliate entities, are liable to you in connection with the Booking Services or Kazi Transportation Services, its liability, insofar as is permitted by law, will be limited to an amount equal to as permitted by local laws in aggregate. Kazi , and its affiliate entities, are not liable for business losses. Kazi Transportation Services are provided only for private use. If you use Kazi Transportation Services for any commercial or business purpose Kazi will have no liability to you for any loss of profit, loss of business, loss of revenue, business interruption, or loss of business opportunity (whether or not such loss could be reasonably expected to flow from our negligence or breach of these Terms).
  4. Kazi does not exclude or limit its liability in any way to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, workers, agents or subcontractors; for fraud or fraudulent misrepresentation and for breach of your legal rights in relation to the Kazi Transportation Services.

Kazi EATS

DELIVERY SERVICES AGREEMENT

This Delivery Services Agreement (the “Terms”) sets forth relevant terms and conditions governing the provision of Delivery Services for items ordered via Kazi Eats, and your relationship with Kazi Eats Limited (“Kazi Eats “) where you request it to provide Delivery Services as described below. You can contact us by using the Help section of the Kazi Eats App. In order to request Delivery Services in the for the first time on or after 4th April 2022, all Kazi Eats users must accept these Terms. By requesting Delivery Services, you confirm that you accept these Terms. These Terms will apply to all subsequent orders you place for Delivery Services. You will be notified about any changes to the Terms by e-mail and a new version will be made available online. When accessing or using the Delivery Services, you consent to be bound by the Terms, as amended, at the time you use the Delivery Services. These Terms are additional to the terms you have entered into in relation to your use of Kazi’s app/website services (“User Terms”). For the purpose of the User Terms, the Kazi entity you have contracted with for Kazi Delivery (as defined below) is Kazi Eats. These Terms will apply to your use of Kazi Eats via any means (including orders placed on the Kazi Eats App, the Kazi Rides App or on kazi.pro), when we use the term “Kazi Eats App” in these Terms, that term includes any App or website on which you order via Kazi Eats.

• Use of the Kazi Eats App
  1. To use the Kazi Eats App to order food, beverages, or other items (“Items”) from restaurants or other businesses (“Merchants”), you must first register for and maintain an active personal user services account in accordance with the User Terms (“Kazi Account”).
  2. With regards to the registration for an Kazi Account, the use of the Kazi Eats and your Kazi Account, the User Terms shall be solely applicable.
  3. Kazi Eats (or one of its affiliates) may decide according to its reasonable business discretion whether or not to accept your registration for an Kazi Account. Once your registration has been accepted, you will be provided access to the Kazi Eats App and Kazi Eats.
• Use of the Delivery Services
  1. Once you have been provided access to the Kazi Eats App, you may place orders for Items. Please note, the description of the Items available on the Kazi Eats App is based on the information provided by the relevant Merchant. You may request that Items be delivered (“Delivery Services”).
  2. Your Items may be delivered either by Kazi Eats (“Kazi Delivery”) or by the Merchant (“Merchant Delivery”) depending on the Merchant you have selected.
  3. In the case of an Kazi Delivery, you will contract with and be charged by Kazi Eats for the Delivery Services. Kazi Eats will request an independent contractor (a “Delivery Partner”) to collect Items from the Merchant and deliver such items to you on Kazi Eats ’s behalf.
  4. In the case of a Merchant Delivery, you will contract with and be charged by the Merchant for the Delivery Services. The Delivery Services will be performed by employees, contractors, workers or agents of the Merchant who provide Delivery Services on a Merchant’s behalf, not arranged by Kazi Eats.
  5. In other cases, such as a Pickup order, you may place orders for Items via the Kazi Eats App which do not require the use of Delivery Services.
  6. Kazi Delivery is an Kazi Provided Service, as referred to in the User Terms.
  7. In the case of an Kazi Delivery, Kazi Eats will endeavour to ensure that your Items will be delivered to you as soon as reasonably possible. We will give you an estimated range of how long the delivery will take before you place the order. Unfortunately, independent factors such as traffic and weather, as well as the actions or inactions of Merchants or Delivery Partners may cause delays in the provision of Delivery Services. Kazi Eats reserves the right to refuse to accept and/or complete an Kazi Delivery if the delivery point is a school.
  8. Delivery Services are offered in designated regional areas as communicated via the Kazi Eats App from time to time (“Delivery Service Area”). Kazi does not guarantee that the Delivery Services will be available in the Delivery Service Area at all times.
  9. You and Kazi Eats may terminate these Terms or the Delivery Services if the other party violates the provisions of these Terms. Subject to clause 2.10, you can terminate these Terms by writing to us or by no longer requesting Delivery Services. Kazi may suspend all or part of the Delivery Services, and otherwise, operate or discontinue the Delivery Services.
  10. You may cancel your order until the Merchant has accepted your order. Once the the Merchant has accepted your order, you will no longer be able to cancel and you will be charged full price for your ordered Items. If you cancel your order after the delivery has begun, you will also be charged full price for Delivery Services.
  11. If either an Kazi Delivery or Merchant Delivery fails for reasons attributed to you (for example, you were not available when your Items were delivered to you) you may be charged full price for both Items and Delivery Services. If Kazi Eats cancels the Delivery Services for any reason not attributed to you, you will be entitled to a refund for any Fees paid.
      1. Payment for the Delivery Services
         1. The price of the Delivery Services (the “Fees”) will be determined based on the price shown in the Kazi Eats App before you place your order for Delivery Services. All fees are in pounds sterling and include VAT.
         2. You shall pay any Fees for Delivery Services via one of the payment options (which will always include credit or debit card) as offered by Kazi Eats from time to time. When you place an order for Items, Kazi Eats may need to verify your payment method by issuing a temporary authorisation hold from your bank. When your order has been completed, if you think a payment is incorrect, please contact us promptly to let us know.
         3. If you are unhappy with an Kazi Delivery, your sole recourse will be with Kazi Eats . Kazi Eats will provide refunds for a substandard Kazi Delivery at its sole discretion.
         4. Without prejudice to any separate right to suspend your Kazi Account, insofar as a fee payment cannot be honoured because of insufficient funds, Kazi Eats shall be entitled to suspend your access to Delivery Services by blocking the Kazi Eats App until your selected payment method is effecting payments.