kitoobero Terms Of Service

Welcome to kitoobero. This page (together with the documents referred to in it) tells you the terms (the “Terms”) which apply when you order any menu items (the “Items”) from our kitoobero.restaurant website or mobile applications and related services (each referred to as an “Application”).

Please read these Terms carefully before ordering any Items from our Application. If you have any questions relating to these Terms please contact info@kitoobero.restaurant before you place an order. If you are a consumer, you have certain legal rights when you order Items using our Application. Your legal rights are not affected by these Terms, which apply in addition to them and do not replace them. By setting up your kitoobero account, you confirm that you accept these Terms.

1. Information About Us

kitoobero.restaurant is operated in the United Arab Emirates with license no DMCC-513383.

2. Purpose

Our objective is to allow you to order food through this platform anywhere you are. Once you have placed an order, your Items will be delivered to you by our delivery partner or our in-house delivery guy.

3. Your Account

Before you can place orders for Items using our Application, you need to open an account kitoobero.restaurant (website). When you open an account you may create a password, or other secure login method, and may also have to provide credit card details during order marking. You must keep any password you create, or other secure login method, secret, and prevent others from accessing your email account or mobile phone. If another person uses these methods to access your account, you will be responsible to pay for any Items they order, and we are not responsible for any other losses you suffer, unless the person using your password obtained it because we did not keep it secure.

You may close your account at any time by requesting to do so in your account section of our website or contacting us using the contact details above. We may suspend your access to your account, or close it permanently, if we believe that your account has been used by someone else. We may also close your account if in our opinion you are abusing our Service (for example, by applying for refunds or credit to which we do not consider you are entitled, making repeated unreasonable complaints, mistreating delivery, or any other good reason). If we close your account permanently we will refund any remaining account credit you have validly obtained from our customer service team or Application following any issue by applying a credit to your registered credit card, or if that is not possible for any reason, by way of a bank transfer using bank details (provided you have supplied them to us).

4. Service Availability

Kitoobero has prescribed delivery area. This delivery area may change at any time due to factors such as weather, or demand on our service. This is to ensure that Items reach your door at their best. operating hours 8am to 00:00am. If you try to order a delivery to a location outside the delivery area or operating hours of kitoobero african restaurant , or the Application is otherwise unavailable for any reason, we will notify you that ordering will not be possible.

5. Orders

When you place an order through our website (Application), it needs to be accepted by us before it is confirmed. We will send you a notification if your order has been accepted (the “Confirmation Notice”). The contract for the supply of any Item you have ordered comes into existence when we send the Confirmation Notice. You are responsible for paying for all Items ordered using your account, and for related delivery charges, and for complying with these Terms, even if you have ordered the Item for someone else. operate a minimum order value policy. This will be displayed on both Application Website . All Items are subject to availability. Kitoobero restaurant may use nuts or other allergens in the preparation of certain Items. Please contact us directly for ordering if you have an allergy.

6. Delivery

When you place an order you will have the choice to place it as an ASAP Delivery or a Scheduled Delivery. For an ASAP Delivery, we will tell you an estimated delivery time for your Item before you place the order, but we will attempt delivery as soon as possible; you must therefore be available to accept delivery from the time you place the order. For a Scheduled Delivery, we will tell you the time when the Item is expected to be delivered; you must be available to accept delivery for ten minutes before and ten minutes after that time.

Unfortunately, despite our Restaurant’s best efforts, things do not always go to plan and factors such as traffic and weather conditions may prevent us from delivering your Item on time. If your order is more than 20 minutes late, and we haven’t notified you giving you the option to cancel your order, we will work with you to make things right unless you have caused the delay (e.g. because you gave us the wrong address or did not come to the door).

We will attempt delivery at the address you provide to us when you place your order. You are responsible to ensure you have included an accurate pin to ensure your Items reach you. If you need to change the delivery location after you have placed your order, we may be able to change to the address to an alternative one that is registered with your account if you let us know before the driver has been dispatched, and the new address is within the same zone as the address you originally ordered your Item to. If we cannot change the delivery address, you have the option to cancel the order, but if food preparation has started you will be charged the full price for the Item, and if the driver has been despatched you will also be charged for delivery.

You will still be charged for the Item and for delivery in the event of a failed delivery if you have caused such failure for any reason. Reasons you might cause a delivery to fail include (but are not limited to):

• you do not come to the door;
• did not pick up the phone when the driver contacted you using the contact information you have provided us; and/or
• you picked up the phone but then failed to provide access within a reasonable amount of time, and the driver is unable to find a safe location to leave the food.

7. Your Rights If Something Is Wrong With Our Items

You have a legal right to receive goods which comply with their description, which are of satisfactory quality and which comply with any specific requirements you tell us about (and we agree to) before you place your order. If you believe that the Items you have been delivered do not comply with these legal rights, please let us know. We may request a photograph showing the problem if it is something that can be seen by inspecting the Items. We will provide a refund or account credit in respect of the affected part of the Item, and also in respect of delivery if the whole order was affected, unless we have reasonable cause to believe that the problem was caused after delivery.

Prior to processing your refund or account credit, we may take into account relevant factors including the details of the order, including your account history, what happened on delivery and information from the Partner Restaurant.

8. Cancellation

You may cancel an order without charge at any time before the Restaurant has started preparing the food (a “Started Order”). If you wish to cancel an order before it becomes a Started Order, please contact us immediately, via our calling customer service number . If the Restaurant confirms the order was not a Started Order, we will refund your payment (excluding any discount, or Voucher that was applied to the order - see Voucher and Account Credit Terms for more detail). If you cancel any order after it becomes a Started Order, you will be charged the full price for the Items, and if the driver has been despatched you will also be charged for delivery. For any order requested on a cash payment on delivery (“COD”) basis, such order may not be cancelled after it becomes a Started Order and will be charged and delivered to you.

Deliveroo and the Partner Restaurant may notify you that an order has been cancelled at any time. You will not be charged for any orders cancelled by us , and we will reimburse you for any payment already made using the same method you used to pay for your order. We may also apply credit to your account to reflect the inconvenience caused.

9. Prices, Payment and Offers

Prices include VAT. You confirm that you are using our Service for personal, non-commercial use unless you request a VAT invoice. kitoobero may operate dynamic pricing some of the time, which means that prices of Items and delivery may change while you are browsing. Prices can also change at any time at the discretion of the Restaurant. We reserve the right to charge a Service Fee, which may be subject to change. You will be notified of any applicable Service Fee and taxes prior to purchase on the checkout page on our website.

Prices for Items may differ from those shown on our Restaurant's own menu or on their own website. You have the option of using vouchers and/or account credit in place of money. Vouchers and account credit can only be used through our Application. You can pay for your Items using our payment partners Stripe or PayPal. If you have credit in your kitoobero account, you can also use this as payment. Our Partner Restaurants sometimes make special offers available in our Application. These are visible when you look at a particular Restaurant menu. These offers are at the discretion of the Restaurants. Unless otherwise specified, these offers are not valid in conjunction with any other offers.

10. Tips

When placing your order, you will have the option to make a discretionary payment as a tip to kitoobero (a “Tip”), in addition to the purchase price of the Items in your order. The kitoobero receiving the tip will be fully responsible for the relevant income tax in respect of the payment received. Once a Tip has been made, it cannot be removed from an order, the order cancelled, or the Tip returned.

11. License

You are permitted to use the Service and print and download extracts from the website for your own personal non-commercial use on the following basis:

• You must not misuse the website (including by hacking or “scraping”).
• Unless otherwise stated, the copyright and other intellectual property rights in the website and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these terms, any use of extracts from the website other than in accordance with this clause is prohibited.
• You must not modify the digital or paper copies of any materials that you print off in accordance with clause and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
• You must ensure that our status as the author of the material on the website is always acknowledged.
• You are not allowed to use any of the materials on the website or the website itself for commercial purposes without obtaining a license from us to do so.

Except as stated in clause, no part of the website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission. Any rights not expressly granted in these terms are reserved.

12. Service Access

While we try to ensure the website is normally available twenty four (24) hours a day, we do not undertake that it will be uninterrupted or error-free, and we will not be liable if for any reason the website is unavailable at any time or for any period. Access to the website may be suspended temporarily and without notice.

13. Disclaimer

While we try to ensure that information on the website is correct, we do not promise it is accurate or complete. We may make changes to the material on the website, including to the menu prices and Items described on it, at any time without notice. The material on the website may be out of date, and we make no commitment to update that material.

14. Termination

We may terminate or suspend (at our absolute discretion) your right to use the website and your use of the Service immediately by notifying you in writing (including by email) if we believe in our sole discretion that you have used the website in breach of clause.

Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the website.

15. Liability

We, and third parties connected to us, hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the website or in connection with the use, inability to use, or results of the use of the website, any websites linked to it and any materials posted on it, including, without limitation any liability for:

• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for any liability which cannot be excluded or limited under applicable law, including but not limited to liability arising from fraudulent misrepresentation, or for death or personal injury arising from our negligence nor any other liability which cannot be excluded or limited under applicable law.

16. Governing Law and Jurisdiction

These terms shall be governed by and construed in accordance with UAE law. Disputes arising in connection with these terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the UAE courts.

17. Additional Terms

We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy. You should review our Privacy Policy, which is available on our website.

If any provision or part of a provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

We reserve the right to revise these Terms at any time. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you.

Any rights not expressly granted in these Terms are reserved.