Kwikmart app Terms of Service

GENERAL TERMS 

These General Terms shall apply to all relations between Kwikmart app and the Customer related to the use of Kwikmart app marketplace (as defined below) as well as certain aspects of Ordering and Delivery Agreements concluded through the Kwikmart Food Platform (as defined below). By signing up in the Kwikmart app, the Customer agrees to the application and content of these General Terms and is informed about the processing of their personal data disclosed during registration and use of Kwikmart app on the conditions set out in these General Terms.
Should you have any questions or concerns relating to these Terms of Service, you can contact us at [email protected]


1. DEFINITIONS

Kwikmart Food Platform means the delivery platform operated by Kwikmart which functions as the Marketplace that:
(i) enables Merchants to market Products with delivery option and enter into Sales Agreements for the sale of Products to Customers,
(ii) enables the Customers to place Orders of Products with the Merchant, enter into Sales Agreements as Customers and arrange the delivery of the Order by the Delivery Agent and
(iii) enables the Delivery Agent to offer delivery services to the Customers for the delivery of the Products and enter into Delivery Agreements with Customers.

Customer means any User of the Kwikmart Food Platform that has placed an Order and enters into a Sales Agreement with the Merchant and a Delivery Agreement with the Delivery Agent.

Delivery Agent/Driver means any natural person who has been verified in the Kwikmart Driver app as a provider of the delivery service to Customers with respect to Orders placed through Kwikmart app.

Delivery Charges means the fee for the delivery services related to an Order, that the Customer agrees to pay to the Delivery Agent under the Delivery Agreement.

Delivery Agreement means the agreement between the Customer and the Delivery Agent for the delivery of the Orders concluded through Kwikmart app.

Drop-off Location means the Delivery Address as indicated in the Order, where the Customer requests to receive their Order.

Marketplace/Platform means the virtual marketplace created through Kwikmart app and operated by Kwikmart that enables participating Merchants to market their Products to Customers so that they can order Products and enter into Sales Agreement with the Merchant as Customers for purchasing the Products and utilise the on-demand delivery services offered at the Marketplace by Kwikmart Delivery Agents.

Products/Goods means any goods that the Merchant offers for sale through Kwikmart app.

Selling Price means the price (together with applicable value added, sales or other taxes where applicable) that the Customer has agreed to pay the Merchant for the ordered Products.

Minimum Order Value means the amount determined by Kwikmart which indicates the minimum Order Total for which an Order can be placed through Kwikmart app.

Order means the order that the Customer has placed with the Merchant.

Order Total means the total amount that the Customer has agreed to pay for the Products and Delivery of the Order.

Merchant means the operator of any store that Kwikmart app has concluded an agreement with and where relevant, each and every establishment through which the operator conducts its business.

Sales Agreement means the agreement between the Customer and the Merchant for the sale of Products in accordance with the Order Details.

Customer/User means any natural person that has registered a Customer account on Kwikmart app.

2. LEGAL FRAMEWORK

2.1. The Kwikmart app enables the Customer to order Goods from Merchants and arrange the delivery of the Orders to the Drop-Off Location.

2.2. For the sale of Goods through the Kwikmart app a Sales Agreement is concluded directly between the Customer and the Merchant. For the delivery of the Order, the Customer enters into a Delivery Agreement directly with the Delivery Agent. The Sales Agreement and the Delivery Agreement are deemed to be concluded from the moment that the Order is confirmed on the Kwikmart app.

2.3. By operating the Kwikmart app and the Marketplace, Kwikmart acts only as a provider of the information and is neither a party to the Sales Agreement or the Delivery Agreement. Kwikmart is not the manufacturer or seller of the Goods or provider of the delivery services and is not liable in any way for the performance of the Sales Agreement or the Delivery Agreement.

2.4. By operating the Kwikmart app, Kwikmart acts as the agent for the Merchants in relation to mediation of Sales Agreements between the Merchants and the Customers. Kwikmart also acts as the convoy for the Delivery Agents in relation to mediation of Delivery Agreements between the Delivery Agents and the Customers. As the agent, Kwikmart has been authorised by each Merchant and each Delivery Agent to receive payments from the Customers on behalf of the respective principal and allocate the received funds between the Merchants and the Delivery Agents.

3. ORDERING GOODS THROUGH KWIKMART APP

3.1. The Customer can select and order Goods through the Kwikmart app. In the event that the Merchant cannot provide the Goods as requested in the Order, the Merchant will not Accept the Order in the Kwikmart app. The Merchant may contact the Customer in order to agree on changes to the Order, provided that the initial Goods Price would remain the same. If no agreement is reached or if the Customer would have to pay more or less for the replacement Goods than the ordered Goods, the Order will be cancelled and the Customer will not be charged for the Order or (where applicable) the Order Price will be returned to the Customer in full.

3.2. The Customer has a right to receive Goods which comply with their description set out in the Kwikmart app and any specific requirements (if agreed upon). In case the Goods contain food and in case of doubt regarding any allergies that the Customer may have to any such Goods, the Customer is to contact the Merchant for further information.

3.3. If the Minimum Order Value applies and the Goods Price related to an Order is below that Minimum Order Value, Kwikmart may Reject the order.

3.4. During the creation of a Customer Account enabling access to the Kwikmart app, the Customer’s mobile number is linked to the respective Kwikmart account and added to Kwikmart’s database.

3.5. The Customer must comply with applicable laws, including the requirements applicable upon purchase of alcohol, tobacco, energy drinks or any other products requiring age verification. In case the Customer wants to order products requiring age verification, they must confirm and/or prove their age on delivery. Furthermore, any Delivery Agent delivering the Order may refuse to hand over the products requiring age verification, if the Customer does not present a valid photo identification proving that they are old enough to legally purchase the products.

4. ORDERING DELIVERY THROUGH KWIKMART APP

4.1. Upon placement of the Order for Delivery, the Customer automatically chooses to arrange the delivery service by the Delivery Agent through the Kwikmart app in order to procure delivery of the Goods to the requested Drop-Off Location. In this case, the Customer will enter into the Delivery Agreement with the Delivery Agent through the Kwikmart app.

4.2. The Delivery Agent will deliver the Order to the Drop-Off Location indicated by the Customer as the Delivery Address on the Kwikmart app. The Customer and the Delivery Agent may agree on a different Drop-Off Location, provided that the new address is close to the original Drop-Off Location (not more than a few blocks away, or at the Driver's discretion).

4.3. The Customer must be present at the Drop-Off Location at least at the estimated time of delivery of the Order indicated on the Kwikmart app. The Customer must be available to receive calls at the phone number submitted through the Kwikmart app from the moment of submitting the Order on the Kwikmart app until receiving the Order from the Delivery Agent.

4.4. Kwikmart, on behalf of the Delivery Agent, may cancel the delivery and charge the Customer for the full price of the Order in the following cases:

4.4.1. the Customer is not available at the Drop-Off Location within 10 minutes of the arrival of the Delivery Agent thereto;

4.4.2. the phone number provided by the Customer cannot be reached by the Delivery Agent within 10 minutes; or

4.4.3. the Customer and the Delivery Agent fail to agree on a new Drop-Off Location according to Section 4.2 above.

4.5. Any delivery time or other time estimate communicated to the Customer by the Delivery Agent or through the Kwikmart app are only estimated times. There is no guarantee that the Order will be delivered at the estimated time. Delivery times of the Orders may also be affected by factors such as traffic jams, rush hours and weather conditions.

5. COMPLAINTS

5.1. If the Customer has any complaints regarding the ordered Goods or the delivery of the Order, the Customer is encouraged to inform Kwikmart thereof through the Kwikmart app Customer Support function as soon as possible, but no later than within 7 days of the delivery of the specific Order. Kwikmart may request details and/or photographs of the Goods or other evidence or explanation of the circumstances related to the complaint.

5.2. Although Kwikmart is neither the manufacturer or seller of Goods, nor provider of the delivery services and is not responsible for respective goods or services, Kwikmart will try to facilitate an amicable solution and may provide a refund, Wallet Credit and/or Voucher Code in respect of the affected Goods cost and/or associated Delivery Charges, if Kwikmart has reasonable cause to believe that the complaint is justified.

5.3. The Customer may also submit complaints to the Merchant or the Delivery Agent directly, however in this case, Kwikmart cannot facilitate resolution between parties.

6. PAYMENTS AND INVOICING

6.1. The Customer has agreed to pay the Order Subtotal to the Merchant in the amount indicated on the Kwikmart Food Platform. Selling Prices in the Kwikmart app may differ from the Selling Prices in the Merchant’s brick and mortar establishment. The Goods Prices on the Kwikmart app may be changed from time to time without prior notification.

6.2. The Customer has agreed to pay the Delivery Charges to the Delivery Agent in the amount calculated by Kwikmart app. The Delivery Charges will be calculated taking into account the time of delivery, length of delivery route, means of delivery and other criteria and at the sole discretion of Kwikmart. The applicable Delivery Charges will be indicated to the Customer prior to confirmation of the Order. The details of calculation of the Delivery Charges may be adjusted from time to time by the Kwikmart app taking into account the market situation, supply and availability of Delivery Agents to the Marketplace, and other factors relating to the service and at the sole discretion of Kwikmart.

6.3. Kwikmart has the right to establish a Minimum Order Value in accordance with Section 3.3. In such a case that the Goods Price related to an Order is below that Minimum Order Value, Kwikmart app may Reject the order.

6.4. Kwikmart, acting as an agent of the Merchant and the Delivery Agent, shall prepare and issue to the Customer informational receipts for the Products Subtotal on behalf of the Merchant and the Delivery Charges. Kwikmart is authorized to collect the Order Subtotal and the Delivery Charges, and distribute the sums accordingly to the respective principal.

6.5. All payments are processed from Customer’s payment card or other payment methods activated by the Customer on the Kwikmart app. Payments are processed through a third-party payment processor. Upon confirming the Order the Customer authorises the payment with its payment card or using another eligible payment method in the amount of the Order Total, and the respective amount will be reserved on the payment card or through other means of payment. The payment related to the Order will be performed and charged from the Customer’s payment card or using other payment methods on completion (delivery) of the Order.

6.6. The payment obligations of the Customer arising from the Sales Agreement and the Delivery Agreement are deemed to be fulfilled respectively towards the Merchant and the Delivery Agent when payment has been performed to Kwikmart and charged from the Customer’s credit card.

6.7. Kwikmart, at its sole discretion, can make promotional offers and discounts regarding the Goods Price or the Delivery Agent Fee.

7. CANCELLATION AND SUSPENSION OF USE

7.1. The Customer may only withdraw from or cancel an Order up until the Order has been despatched from the Merchant (i.e. “Processed”).

7.2. Kwikmart is entitled to remove a Customer from the Kwikmart app with immediate effect and/or refuse or cancel any Orders, if the Customer causes any abuse or harm to Kwikmart app, or its Merchants, if Kwikmart has reasonable belief of fraudulent acts by the Customer when using the Kwikmart app, or if the Customer otherwise fails to reasonably comply with their obligations under these General Terms (e.g. by not being present at the Drop-Off Location on several occasions, as per Section 4.4).

7.3. The Customer may not use the Kwikmart app for money laundering purposes. If the Customer violates this Section 7.3, Kwikmart may permanently suspend the Customer from using the Kwikmart app.

8. LICENCING, INTELLECTUAL PROPERTY RIGHTS AND DATA PROCESSING

8.1. By registering on the Kwikmart app, Kwikmart grants the Customer a revocable, non-exclusive, non-transferable, non-sublicensable license to use the Kwikmart app for the purpose of ordering Goods and arranging the delivery of the Orders.

8.2. All intellectual property rights regarding the software, documentation or information used or developed by or on behalf of Kwikmart during the provision of the information under these General Terms (incl. the Kwikmart app and any material uploaded therein) belong to Kwikmart (or, sometimes, to a limited extent, the Merchant). The User shall not copy, modify, adapt, reverse-engineer, decompile or otherwise discover the source code of the Kwikmart app or any other software used by Kwikmart or extract or use any data on the Kwikmart app for commercial purposes or any other purpose than ordering Goods. The User shall use the Kwikmart app solely for their personal, non-commercial purposes.

8.3. The principles for processing the Users’ and Customers’ personal data is set out in the Privacy Policy available on the Kwikmart app.

8.4. Kwikmart is not providing any warranties, guarantees or representations regarding the quality of the Kwikmart app, including regarding the absence of apparent or hidden defects, fitness for ordinary or particular (special) purpose, and Kwikmart is not required to satisfy the User’s claims regarding the quality of the Kwikmart app.

9. LIABILITY

9.1. The Merchant is solely liable for any defects in the quality and quantity of the ordered Goods or other shortcomings in the performance of the Sales Agreement and Kwikmart does not assume any liability thereof (including liability for any allergic reactions to food or any other health issues).

9.2. The Delivery Agents are solely responsible for the performance of the Delivery Agreement and Kwikmart does not assume any liability thereof.

9.3. If a User suspects that his/her credit card associated with their Kwikmart app has been stolen and/or is being fraudulently used by a third party, the User has to inform Kwikmart thereof immediately. Kwikmart will not be liable for any fraudulent use of the User’s credit card by third parties on the User’s account.

9.4. The Kwikmart app is provided to the User strictly on an "as is" basis. Kwikmart will not be liable for any interruptions, connection errors, unavailability of, or faults in the Kwikmart Food Platform.

10. MISCELLANEOUS

10.1. Kwikmart reserves the right to make changes to the Terms of Service at any time, by uploading the revised Terms of Service onto the Kwikmart app.

10.2. Kwikmart may change or remove different parts of the Kwikmart app or change the Kwikmart Food Platform, its features and the selection of Merchants participating in the Kwikmart Food Platform in part or in whole at any time without prior notice.

Should you have any questions or concerns relating to these Terms of Service, you can contact us at [email protected]