Instameal website Terms of Use

These Terms of Use govern your use of the Instameal website and, unless otherwise stated, to your use of any other website or mobile application owned or operated by Instameal Philippines or operated on behalf of Instameal (collectively the “Websites”). Please read these Terms of Use carefully before using the Websites.

Agreement to Terms

By using the Websites, you agree to these Terms of Use and the Instameal General Online Privacy Policy (for visitors who are eighteen years of age or over) or the Instameal Children’s Online Privacy Policy (for visitors who are under eighteen (18) years of age) which are incorporated herein by reference. Each time you use the Websites, you reaffirm your acceptance of the then-current Terms of Use. If you do not wish to be bound by these Terms of Use, your only remedy is to discontinue using the Websites.

Instameal may change these Terms of Use at any time and in its sole discretion. The modified Terms of Use will be effective immediately upon posting and you agree to the new posted Terms of Use by continuing your use of the Websites. You are responsible for staying informed of any changes. If you do not agree with the modified Terms of Use, your only remedy is to discontinue using the Websites. Accounts

You may be required to create an account and specify a password to use certain features on the Websites. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the registration processes. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password, or other account information.

You are entirely responsible for maintaining the confidentiality of your password and your account. And you are entirely responsible for all activity made by you or anyone that uses your account. You agree to safeguard your password from access by others. If you believe that your account has been compromised, you must immediately contact us by mail at: info@finder.africa.com or send a message to our live-chat service. You agree to indemnify and hold harmless Instameal for losses incurred by Instameal or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.

Order placing and Financial Terms

1. The Platform allows you to place food order bookings and we will, subject to the terms and conditions set out herein, enable delivery of such order to you.

2. Instameal do not own, sell, resell on its own and/or do not control the Merchants or the related services provided in connection thereof. You understand that any order that you place shall be subject to the terms and conditions set out in these Terms of Use including, but not limited to, product availability and delivery location serviceability.

3. As a general rule, all food orders placed on the Platform are treated as confirmed.

4. However, upon your successful completion of booking an order, we may call you on the telephone or mobile number provided to confirm the details of the order, the price to be paid and the estimated delivery time. For this purpose, you will be required to share certain information with us, including but not limited to (i) your first and last name (ii) mobile number; and (iii) email address. It shall be your sole responsibility to bring any incorrect details to our attention.

5. In addition to the foregoing, we may also contact you by phone and / or email to inform and confirm any change in the order, due to availability or unavailability or change in price of the order as informed by the Merchant. Please note change or confirmation of the order shall be treated as final. It is clarified that Instameal reserves the right to not to process your order in the event you are unavailable on the phone at the time we call you for confirming the order and such event the provisions of the cancellation and refund policy below shall be applicable.

6. All payments made against the purchases/services on the Platform by you shall be compulsorily in Kenyan Shillings acceptable in the Republic of Kenya. The Platform will not facilitate transactions with respect to any other form of currency with respect to the purchases made on Platform. You can pay by (i) credit card or debit card or net banking; (ii) any other approved payment method at the time of booking an order; or (iii) credit or debit card or cash at the time of delivery. You understand, accept and agree that the payment facility provided by Instameal is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, Instameal is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.

7. You acknowledge and agree that we act as the Merchant’s payment agent for the limited purpose of accepting payments from you on behalf of the Merchant. Upon your payment of amounts to us, which are due to the Merchant, your payment obligation to the Merchant for such amounts is completed, and we are responsible for remitting such amounts, to the Merchant. You shall not, under any circumstances whatsoever, make any payment directly to the Merchant for Order bookings made using the Platform.

8. You agree to pay us for the total amount for the order placed by you on the Platform. We will collect the total amount in accordance with the terms and conditions of these Terms of Use and the pricing terms set forth in the applicable menu listing for the particular Merchant. Please note that we cannot control any amount that may be charged to you by your bank related to our collection of the total amount, and we disclaim all liability in this regard.

9. In connection with your order, you will be asked to provide customary billing information such as name, billing address and credit card information either to us or our third party payment processor. You agree to pay us for the order placed by you on the Platform, in accordance with these Terms, using of the methods described under clause VII (6) above. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by us or indirectly, via a third party online payment processor or by one of the payment methods described on the Platform. If you are directed to our third-party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the Platform services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

10. The final tax bill will be issued by the Merchant to the Buyer along with the order and Instameal is merely collecting the payment on behalf of such Merchant. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by the Merchant. Instameal holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Merchant.

11. The prices reflected on the Platform are determined solely by the Merchant and are listed based on Merchant’s information. Very rarely, prices may change at the time of placing order due to Merchant changing the menu price without due intimation and such change of price are at the sole discretion of the Merchant attributing to various factors beyond control. Disclaimer: Prices on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information supplied by Merchant be incorrectly reflected and in such an event Merchant may cancel such your order(s).

12. The Merchant shall be solely responsible for any warrantee/guarantee of the food products sold to the Buyers and in no event shall be the responsibility of Instameal.

13. The transaction is bilateral between the Merchant and Buyer and therefore, Instameal is not liable to charge or deposit any taxes applicable on such transaction.

1. Cancellation

i. As a general rule you shall not be entitled to cancel your order once you have received confirmation of the same. If you cancel your order after it has been confirmed, Instameal shall have a right to charge you cancellation fee of a minimum 50% 75 upto the order value, with a right to either not to refund the order value or recover from your subsequent order, the complete/ deficit cancellation fee, as applicable, to compensate our restaurant and delivery partners. Instameal shall also have right to charge you cancellation fee for the orders cancelled by Instameal for the reasons specified under clause 1(iii) of this cancellation and refunds policy. In case of cancellations for the reasons attributable to Instameal or its restaurant and delivery partners, Instameal shall not charge you any cancellation fee.

ii. However, in the unlikely event of an item on your order being unavailable, we will contact you on the phone number provided to us at the time of placing the order and inform you of such unavailability. In such an event you will be entitled to cancel the entire order and shall be entitled to a refund in accordance with our refund policy.

iii. We reserve the sole right to cancel your order in the following circumstance:

a. in the event of the designated address falls outside the delivery zone offered by us;

b. failure to contact you by phone or email at the time of confirming the order booking;

c. failure to deliver your order due to lack of information, direction or authorization from you at the time of delivery; or

d. unavailability of all the items ordered by you at the time of booking the order; or

e. unavailability of all the items ordered by you at the time of booking the order; or

2. Refunds

i. You shall be entitled to a refund only if you pre-pay for your order at the time of placing your order on the Platform and only in the event of any of the following circumstances:

a. your order packaging has been tampered or damaged at the time of delivery;

b. us cancelling your order due to (A) your delivery location following outside our designated delivery zones; (B) failure to contact you by phone or email at the time of confirming the order booking; or (C) failure to contact you by phone or email at the time of confirming the order booking; or

c. you cancelling the order at the time of confirmation due to unavailability of the items you ordered for at the time of booking.

ii. Our decision on refunds shall be at our sole discretion and shall be final and binding.

iii. All refund amounts shall be credited to your account within 3-4 business days in accordance with the terms that may be stipulated by the bank which has issued the credit / debit card.

3. In case of payment at the time of delivery, you will not be required to pay for:

i. orders where the packaging has been tampered or damaged by us;

ii. wrong order being delivered; or

iii. Items missing from your order at the time of delivery.

No Endorsement

1. We do not endorse any Merchant. In addition, although these Terms of Use require you to provide accurate information, we do not attempt to confirm, and do not confirm if it is purported identity. We will not be responsible for any damage or harm resulting from your interactions with other Members.

2. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.

Third Party Content

1. We cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

2. You acknowledge that when you access a link that leaves the Platform, the site you will enter into is not controlled by us and different terms of use and privacy policy may apply. By assessing links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links to and / or from third-party sites to the Platform, although we are under no obligation to do so.

Vouchers

Unless otherwise stated,

 Vouchers are only applicable to food orders, excluding delivery fees Valid only for online payment

 Instameal reserves the right to cancel orders and accounts if fraud activities are detected

 Instameal reserves the right to stop this voucher to be used on certain restaurants without prior notice

 Individual restaurants terms & conditions apply