Terms and conditions of use of the Kiwibot App
KIWI CAMPUS INC. a Delaware corporation is a company incorporated under the law of the United States of America with registered number 6233542, which for the purposes of these terms shall be referred to as "The Company".
These terms and conditions regulate the authorization of use granted by the ‘The company’ to Consumers, so that those that enter the virtual platform are: informed about the consumer products displayed, so that they can be used as a reference and an order can be placed. Through the platform the ‘The company’ performs the following actions: i) exhibits different consumer products in an advertising way so that they can serve as a reference for consumers, ii) facilitates the meeting between consumers and suppliers for the fulfillment of the contractual link, iii) allows the use of the payment platform iv) serves as a means of sending communications between consumers and suppliers.
The execution of the relationship between consumers and suppliers, occurs with consumers who are in the territory where the service is provided, paying an economic consideration, through the electronic payment system for the electronic platforms
Products are exhibited through the platform. These products are ordered by consumers from suppliers or Kiwi Campus(in case of a promotion), being that the former seeks to satisfy a private, personal or family needs, and at no moment intend to commercialize, resell or perform any other type of commercial transaction or interest with the products purchased.
The technological platform that allows your use
It is a platform that can be downloaded on mobile devices through Apple’s App Store and Android’s Play Store, a medium that from now on and for the purposes of these terms will be jointly called "The application"*
• Consumers may use this tool exclusively for their personal use
• Consumers will not copy or distribute the Software that is displayed through the application without prior permission from the ‘The company.’
• Kiwi Campus can make changes to any aspect of the application, at any time without notifying the client.
• In case the application presents problems, errors, among others, the consumer must report it to Kiwi Campus.
Kiwi Campus may require Consumers to download and install application updates from time to time. Consumers acknowledge and agree that ‘The company’ may update ‘The application’ with or without notice, and may add or remove features at any time, at its sole discretion. Consumers acknowledge and agree that Kiwi Campus. has no obligation to make the application available to you, or to continue to provide assistance through the platform. Consumers also recognize that their access to ‘The application’ may not be continuous, the features may change suddenly and that ‘The company’ may cancel Consumers’ access to ‘The application’ and/or stop offering the application and / or the Service at any time.
Procedures of Orders and General Clarifications
Kiwi Campus offers a service mainly of intermediation, which by its nature, is characterized by the involvement of the staff of the company, from the initial moment of the order until the delivery of that same order. The user agrees to take particular care in the provision of personal data, which must be complete and true at the time the order is made. Likewise: (i) the user must guarantee that the data of the credit card he provides is his property, is accurate, and has sufficient funds to make the payment; (ii) that their identity corresponds to the information contained in the official and original identification issued by the authorities.
Kiwi Campus reserves the right to: (i) reject requests made by a user when there is sufficient evidence to consider that the provided identification is false or does not correspond to the person who identifies himself when requesting the service. The addresses offered and / or acquired through the application are exclusively designed to satisfy the needs of the final consumer - the user who makes the order - and under no circumstances can they be resold. Kiwi Campus does not authorize any user of the platform to resell the products it acquires through the portal and reserves the right to take the necessary legal measures against any user who performs this behavior.
When the user registers or orders through the application, they must provide a cell phone number, a verification code and an email. We reserve the right to use this aforementioned information in order to contact the customer via cellphone, through both calls and SMS or via email. The user must try to keep this data secure and must not provide this information to a third party. In any case, when you perform any of these processes, our system understands it as an express acceptance of these terms and conditions, as well as the policy of processing personal data of our Company.
Kiwi Campus understands that any user who accepts the terms and conditions and the data protection policy: (i) gave their prior and express consent; and (ii) carefully read our terms and conditions and our data protection policy and has therefore given their informed consent.
Once the user has entered the application and has registered properly, he / she can proceed to see the different options of restaurants, menus, types of food, locations of commercial establishments, etc. To ensure understanding and readability it is recommended to access the terms and conditions via the website www.kiwibot.com. All the orders that are made through the platform are studied in order to ensure the availability, delivery capacity, and acceptance by us and the allied restaurant. When the order is entered into the platform, the user is sent a notification confirming receipt of the order, which is automatically produced with the details of the order. This notification is sent in an average time of two (2) minutes, after the order has been sent. From the moment of receiving such mail, the user has a period of five (5) minutes in which he/she must inform if the details of the order are incorrect and / or if he wants to cancel the order. The fact of receiving this notification does not mean that the platform or the allied restaurant can fulfill the order request. As soon as the confirmation email is sent, and after the five (5) minutes during which the consumer can modify or cancel their order, the application proceeds to communicate directly with the supplier or allied restaurant to ensure the availability of the product, as well as the delivery capacity of the order placed. Once the order has been confirmed by the allied restaurant, the client will receive a PUSH notification, in which he/she will be informed about the confirmation, as well as the estimated delivery time.
Said delivery time is exclusively an estimate and the customer, when placing his order, states that he knows and accepts that innumerable factors such as robot technical problems, traffic, weather, peak hours and the delivery capacity of some restaurants may be limiting. to ensure the delivery time. In all cases, both Kiwi Campus and allied restaurants, will focus all their efforts to respect delivery times. An order must not take more than two (2) hours, after which the order can be canceled without incurring any expense or consequence by the consumer. Likewise, Kiwi Campus will make its best effort so that it receives compensation from the Company or the restaurant, depending on the specific case. If the delivery time is less than 2 hours, Kiwi Campus is not obliged to return the money or deliver any compensation.
During the time between the confirmation of the order and the actual delivery of the same, the user can communicate at any time with Kiwi Campus for the purpose of asking questions, submitting complaints, among others, cases in which he/she will always receive a response in the shortest time possible, as long as they are sent during business hours.
‘The Company’ will act as an intermediary and will focus its efforts on resolving all the complaints or problematic situations that are set up due to delays, incomplete or wrong orders, etc. In all cases, without exception, the complaints must be presented in a decent and respectful language, attending to the minimum standards of courtesy. Otherwise, the Company will not be obliged to provide any response. Additionally, according to its own criteria, ‘the Company’ may proceed to block the user from its database, leaving said user unable to use the services again. This action will be made known to each user, along with the reasons that motivated such a decision.
It is important to clarify that every user agrees to pay the price of the delivery from the moment he/she receives the confirmation mail of the order. Upon such reception, there will be no reason why the customer can refrain from making the corresponding payment for the transaction.
Immediately after the order has been placed, the user will receive a third message or PUSH notification by means of which the latter is asked to rate the service and provide any additional comments, if deemed appropriate. All comments and ratings are reviewed by ‘Kiwi Campus staff and are duly recorded in each user's history.
In case the order is rejected, the user will be notified as soon as the restaurant has been contacted and the restaurant has informed the reason for the refusal. Likewise, the user will be informed of the reason for the rejection.When the request is rejected, the client will be duly informed and will be provided with one of the following reasons:
The restaurant is closed.The product is not available: Once the order is received, the customer will be contacted and they must decide to; (i) Continue with the order excluding the product or products requested not found, in which case its value will be deducted from the total value of the order (ii) if only a single product is ordered and consequently unavailable, the customer must choose between canceling the order or fulfilling the order with a substitute or similar product in price and type; It was not possible to make contact with said client, in order to resolve the issue.The restaurant is experiencing inconveniences at the moment.Other reasons.
It is clear to the client that Kiwi Campus is not a producer, agent, distributor and in general any type of marketer of the products it exhibits (except Kiwi Campus advertising products), since it operates only as a technological platform that allows the meeting of consumers and suppliers for management of deliveries.
PRICE OF PRODUCTS AND SERVICES
The price of the products and / or services will be presented in the application before the transaction is accepted by the client. The final price will include all possible surcharges for taxes, delivery costs, additions, extras and drinks ordered within the order, however, if the customer requests extras, additions and drinks in the "comments" section they will be charged to the customer via their preferred means of payment. The price will be properly broken down so that the consumer knows the exact price of each of the different items that will be paid, however the company is not obliged to detail the costs, profits or margins.
In the event that the price of the affiliated restaurant varies with the price published in the application, the consumer will be contacted prior to the dispatch of his order to give his clear and free consent about the increase in the price. Likewise, the reasons for the increase will be explained. In case the final price is lower than that agreed by the consumer, the user will not be contacted, given that this situation under no circumstances would be harmful to, or an impairment of the consumers rights.
If the user fails to accept the goods that are delivered to the address (as long as these are true to the order placed), and / or if there is a delay in which the user's data is not verified and the order is rejected once confirmed by the app and / or no corrections are received once the confirmation has been made, all the responsibility will fall on the user. It is the customer's responsibility to ensure at the time of delivery of the order, that it corresponds to the products ordered and that everything received is correct.
Users can choose if they wish to pay with a credit card or Venmo.
In the case of credit card, users must pay at the time of completing their order through the application, making direct use of the payment gateway. For this purpose, users must enter their credit card information, which will be stored automatically in the servers of said application. The banking entity of each user may monitor the transfer to ensure the process is secure, in accordance with the provisions of the law. In accordance with its Personal Data Processing Policy, the user may request that Kiwi Campus revoke their authorization, with respect to the use of the clients credit card information.
In case that at the moment of verifying the order with the restaurant, it is not possible to deliver the product requested by the user for any of the previously mentioned reasons or for any other contingency that precludes the delivery of the order, the user will be notified about what happened , to modify or cancel the order to your preference.
To clarify, the application debits the User's bank account before the order is approved and / or confirmed. In case of rejection and / or cancellation of the order, the value of the purchase debited from the User's bank account will be credited to the account registered by the User in the application. The same shall apply in those cases where the user does not receive the product in accordance with the said order, unless the user makes a new order.Notwithstanding the prior, Kiwi Campus reserves the right to analyze each case to determine if the reason for rejection or cancellation: (i) is due to a fact attributable to the User; and (ii) maintains the right for the refund to be credited to the account created by the User in the application.
If necessary, Kiwi Campus may contact the user and request additional information, including telephone number, transaction amount, identification number, among others, should they deem it necessary for the verification and validation of personal data. The foregoing occurs in order to confirm the identity or any other information necessary for the completion of the payment, and to mitigate the risk of identity/Credit card fraud towards the cardholder. In addition, online transactions may be rejected when the validation and acceptance of the payment is not confirmed by Kiwi Campus or when the user's bank entity or other means of payment determine it necessary.
Users are obliged to timely notify their banking entities about the loss or theft of their credit cards, as well as about any risk related to the tools used to carry out transactions such as, but not limited to, personal keys, in order to ensure that they are disabled.
It is the users' obligation to give true information about the cards used in the application and to guarantee that whoever uses them is the legitimate owner. Kiwi Campus employs reasonable security and validation measures to mitigate the risk of fraud by identity theft of a payer, or the illegality of a transaction. Kiwi Campus will not be responsible for the damages, and / or damages that unauthorized third parties may cause, when carrying out transactions through the application in situations such as, but not limited to, when the person registering the payment in the application does not coincide with the owner of the card used.Faced with an error or rejection of online transactions, Kiwi Campus will inform the user as soon as possible about what happened through the application, by phone or by email so that it proceeds again with the payment or cancel the order.
In the case of Venmo, the user must have a profile on the platform and enroll it in the application.
Kiwi Campus has an advertising service that is delivered to customers through the application, emails, social networks and by other means. The Company will be jointly and severally liable for any advertising issued or found in the application. Once the user downloads the Kiwibot application, he / she accepts that notifications will be sent informing about said promotions.
PROMOTIONS, COMPETITIONS AND EVENTS
The promotions and events that are implemented through the application will be subject to the rules and regulations provided below. Under no circumstances does this imply that the Company is obliged to carry out any type of promotion, since Kiwi Campus simply does so voluntarily.
In case any of the aforementioned activities is carried out, a minimum requirement to access such commercial opportunities or benefits will be that the User is duly registered in the application. In the case of promo codes and redeemed points: The user will be entitled to use 1 promo code per day, multiple vouchers can not be redeemed at the same time, otherwise Kiwi Campus will cancel the orders.
Kiwi Campus reserves the right to expire or modify any promotion at any time
FREE PRODUCTS/KIWI POINTS
In the event of a promotion that provides customers with ‘free’ products, clients can receive a maximum of twenty products in total, per promotion, per day. Furthermore no points can be accumulated for the aforementioned ‘free’ products.
These points, also called Kiwis, will be given to the customer for every completed order with the exception of the 'Free products' mentioned above and will be available to redeem in the Rewards section of the application. Kiwis can be accumulated, however they expire at the end of each semester.
The use of the accounts is personal and non-transferable, which is why users are not authorized to assign access to the application or the use of their account to any type of third party. Failure to comply with the above will result in the suspension and indefinite blocking of the account (including email and cell phone number).
In case of forgetting account information or the usurpation of your account by an unknown third party, it is the obligation of the Consumer to inform Kiwi Campus through its customer service channel. The accounts of the users will be managed by the Company or by the person designated by the Company, having full faculty for the conservation of the account, or not, when the information provided by the Consumers is not truthful, complete or safe; or when a breach of the consumers obligations occurs.
At no time will the Company request Consumer information that is NOT necessary for its connection with the provider and for the facilitation of payment. Therefore, credit card data and Venmo account, will only be requested at the time of payment.
With the creation of the User Account, Consumers are expressing their willingness to expressly and unequivocally accept these Terms and Conditions of use of the application, as well as Kiwi Campus' Personal Data Processing Policy.
After verifying all the data corresponding to the transaction and the scope of product delivery coverage, the robot will deliver at the address provided and within the term defined at the end of the operation. If the customer is not at the designated delivery point when the Robot arrives to complete the delivery, Kiwi Campus must communicate with the customer through the application; in case of not responding, the maximum waiting time is 15 minutes, after this time Kiwi Campus will close the order and will not be obliged to deliver it again.
Regarding compensation in case the bot leaves the address due to the lack of response from the customer, if the order was delivered within 45 minutes from the time it was placed, Kiwi Campus will charge the total of the order and will be under no obligation to issue any refund. However, if the order took more than 45 minutes to be delivered Kiwi Campus will refund the total of the order.
With the acceptance of the present terms The Consumer agrees to: (1) Provide truthful and reliable information when creating your User Account; (2) Refrain from transferring the validation data (cell phone number) to third parties; (3) Pay the financial consideration in a timely manner via the application as defined in the mandate agreement; (4) Immediately inform Kiwi Campus in the case of forgetfulness or usurpation of your validation data; (5) Refrain from carrying out behaviors that threaten the operation of the application and the robot; (6) Refrain from supplanting the identity of other Consumers; (7) Refrain from deciphering, decompiling or disassembling any element of the application and the robot; (8) Enable notifications for the Kiwi Campus application; (9) In general, facilitate the conduct & execution of necessary operations, such as i) timely receipt of the products requested, ii) verify at the time of validation that the selected products do correspond to those requested.
By virtue of these terms Kiwi Campus is obliged to (1) Provide certain, reliable, sufficient, clear and updated information regarding the products it exhibits; (2) Indicate the general characteristics of the product so that they serve as a reference to Consumers, for this purpose they are brand and presentation; (3) Inform about the means by which users can make the necessary payments; (4) Inform the consumer of supplier details, eg the delivery schedule of the restaurants; (5) Send a summary of the order and proof of the transaction to the email provided by the user; (6) Use the information only for the purposes set forth in these terms; (7) Use information and validation mechanisms during the transaction that allow the Consumer to accept, or not accept, each step of the purchase process.
Description of Products and Services
The products and services exhibited by Kiwi Campus are consumer and advertising products such as food, beverages, T-shirts, among others. All products have a general description; This description is made by the Company based on legal viewing practices, which in any case depend on the device where the Consumer observes the product. The availability will be defined in each specific case at the time that Kiwi Campus manages the product's order with official Suppliers.
Within the execution of the mandate contract, the Consumer will determine what action the company must take in case of not finding the product or products requested, between: (i) Continue with the order, excluding the product or products requested that were unavailable, a case in which its value will be discounted from the total value of the order and,(ii)if it is only a single product that is not found, he / she must choose between the cancellation of the order or compliance with a substitute or similar in price and type; (ii) Communicate with the Consumer to arrange compliance with a substitute product; and (iii) Authorize Kiwi Campus to carry a similar product in price and type.
When, due to errors of a technological nature, erroneous prices of the products are displayed on the Platform, which are obviously disproportionate compared to the price of the product on the market, Kiwi Campus may cancel the orders made of products with said prices, at its free discretion and with full autonomy.
The Company reserves the right to update, modify and / or discontinue the products displayed in the application.
No charge is refundable, regardless if the user decides to stop using the application or the Company’s decision to stop providing the service; however, Kiwi Campus can offer refunds depending on the situation that occurs with the Consumer, in this case it will evaluate the possible damage caused and compensate. This aforementioned damage will be evaluated according to proof that the Consumer must provide, which can be either a picture or a video sent through the customer service chat; without sufficient proof, Kiwi Campus will not be obligated to make any reimbursements. The term determined for the reimbursement will be 3 to 5 business days to the account registered in the application, and the value will be defined depending on the value of the client's transaction.
Please note that the price information published in the Application may not reflect the current price and Kiwi Campus reserves the right to determine the final final price of all items ordered through it. In some cases, the estimated price at the time of purchase may differ from the supplier's prices, in this case the rates charged to users may ultimately be different from those estimated. The consumer recognizes and accepts to pay the current prices and rates.
It is an optional membership with monthly payment, where the delivery service is free. The monthly cost of the membership is USD $ 14.99 and will be available for a period of thirty (30) days with automatic renewal. If the user wishes to cancel it, he must make the request to customer service at least one day before the renewal by contacting the customer support through our chat services.
Any user can cancel KiwiPrime at any time; if he/she cancels it, said membership will stop automatically renewing.
Occasionally, Kiwi Campus will provide certain users with a KiwiPrime test or other KiwiPrime promotions. These memberships or trial promotions are subject to the same terms and conditions as any subscription to KiwiPrime, unless the specific offer claims otherwise. The offers are directed to only one customer at a time. The user can not lend his KiwiPrime account; in this case, Kiwi Campus may cancel the service, since KiwiPrime can not be transferred to other users. Kiwi Campus Inc. reserves the right to accept, reject or cancel the Prime Membership of any person at any time and for free.
KIWI PICK UP
Kiwi Campus also provides Pick-Up services for the customers; the objective of this service is to become an expediter between restaurant and the users. However, Kiwi Campus is not responsible for the result or the details of these orders.
When customers arrive at the restaurant they must double check their order before leaving and always show the active order in the app to the cashier. When the order has any problem or the customer has any complaints about the order, they must ask the restaurant directly to see if they can solve the problem. Kiwi Campus' promise with this service is to help the customers to place the order at the restaurant, allow the customers to skip the line and allow them to access to all the deals available in our application, however it holds no responsibility regarding how the order is prepared and/or packaged.