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Terms and Conditions

Section 1: Introduction

We are KiwiGo, a brand of Kiwi Pay Group Pte Ltd., unless otherwise stated.

Section 2: Definitions

2.1. “Agreement” is a reference to these Terms and Conditions, the Privacy Policy, any order form and payment instructions provided to you;

2.2. “Privacy Policy” means the policy displayed on our Website or Mobile Application which details how we collect and store your personal data;

2.3. “you”, “your” and “yours” are references to you the person accessing this Website or Mobile Application and ordering any Goods or Services from the Website or Mobile Application or from any other channel provided by KiwiGo;

2.4. “we”, “us”, “our”, and “KiwiGo” are references to the Company;

2.5. “Goods” is a reference to any goods which we may offer for sale from our Website or Mobile Application from time to time;

2.6. “Service” or “Services” is a reference to any service which we may supply and which you may request via our Website or Mobile Application;

2.7. “Participating Merchant” is a third party, which has agreed to co-operate with the Company to prepare and/or deliver the Goods or Services & Rides.

2.8. “Food Delivery” is a reference to perishable goods and to any form of delivery service, which both are provided by our Participating Merchant and for both of which our Participating Merchant take full responsibility; and

2.9. “Website or Mobile Application” is a reference to our Website or Mobile Application https://www.Kiwigo.app or our mobile applications on which we offer our Goods or Services.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:

  • Email address
  • First name and last name
  • Phone number
  • Address, State, Province, ZIP/Postal code, City
  • Cookies and Usage Data
  • Photos
  • GPS/WIFI Location
  • Credit Card Informations and other payment methods
  • User device informations

Usage Data

We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device (“Usage Data”).

This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When you access the Service by or through a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a Website or Mobile Application and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

  • Session Cookies. We use Session Cookies to operate our Service.
  • Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
  • Security Cookies. We use Security Cookies for security purposes.

Use of Data

Kiwi Pay Group uses the collected data for various purposes:

  • To provide and maintain the Service
  • To notify you about changes to our Service
  • To allow you to participate in interactive features of our Service when you choose to do so
  • To provide customer care and support
  • To provide analysis or valuable information so that we can improve the Service
  • To monitor the usage of the Service
  • To detect, prevent and address technical issues

Transfer Of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside Cambodia and choose to provide information to us, please note that we transfer the data, including Personal Data, to Cambodia and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Kiwi Pay Group will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure Of Data

Legal Requirements

Kiwi Pay Group may disclose your Personal Data in the good faith belief that such action is necessary to:

  • To comply with a legal obligation
  • To protect and defend the rights or property of Kiwi Pay Group
  • To prevent or investigate possible wrongdoing in connection with the Service
  • To protect the personal safety of users of the Service or the public
  • To protect against legal liability

Security Of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Kiwi Pay Group is certify PCI DSS Compliant.

Service Providers

We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

  • Google Analytics
    Google Analytics is a web analytics service offered by Google that tracks and reports Website or Mobile Application traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
    For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

Links To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children’s Privacy

Our Service does not address anyone under the age of 18 (“Children”).

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Section 3: Ordering

3.1. By placing an order through our Website or Mobile Application or Mobile Application, you enter into an agreement with KiwiGo with respect to the processing of that order and forwarding it to the Participating Merchant. If you are paying online, KiwiGo is also responsible for any returns or refunds. However, the Merchant remains responsible for the preparation, quality and delivery of your order. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.

3.2. Food Delivery, Goods and Services purchased from this Website or Mobile Application are intended for your use only and you warrant that any Goods purchased by you are not for resale and that you are acting as principal only and not as agent for another party when receiving the Services.

3.3. Please note that some of our Goods may be suitable for certain age ranges only. You should check that the product you are ordering is suitable for the intended recipient.

3.4. When ordering from this Website or Mobile Application you may be required to provide an e-mail address and password. You also login by Facebook, Google mail, Apple id .. You must ensure that you keep the combination of these details secure and do not provide this information to a third party.

3.5. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website or Mobile Application.

3.6. Any order that you place with us is subject to product availability, delivery capacity and acceptance by us and the Participating Merchant. When you place your order online, we will send you an email or mobile notification to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order details. You must inform us immediately if any details are incorrect. The fact that you receive an automatic confirmation does not necessarily mean that either we or the Participating Merchant will be able to fill your order. Once we have sent the confirmation email we will check availability and delivery capacity.

3.7. If the ordered Food Delivery and delivery capacity is available, the Participating Merchant will accept the contract and confirm it to KiwiGo. If the details of the order are correct, the contract for the Food Delivery, Goods or Services will be confirmed by message.

3.8. In the case that Goods offered by KiwiGo were ordered, KiwiGo will confirm availability together with or separately from Food Delivery.

3.9. If the Food Delivery and/or Goods are not available or if there is no delivery capacity, we will also let you know by text message (SMS) or phone call.

Section 4: Prices and Payment

4.1. Any contract for the supply of Food Delivery from this Website or Mobile Application is between you and the Participating Merchant; for the supply of Goods or Services from this Website or Mobile Application any contact is between you and KiwiGo. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.

4.2. All prices listed on the Website or Mobile Application are correct at the time of publication; however, we reserve the right to alter these in the future. Prices are inclusive of the relevant sales tax and delivery charges. We also reserve the right to alter the Goods or Services available for sale on the Website or Mobile Application and to stop listing merchant, Goods or Services and Taxi Driver.

4.3. All prices listed on the Website or Mobile Application for Food Delivery by the Participating Merchant or a delivery partner listed on the Website or Mobile Application reflect the price the Participating Merchant or the third party provider charges at the time of listing. We give great care to keep them up to date. In case the price listed is not current and the Merchant informs us immediately after placing the order, we will contact you to inform you about the price difference and you can choose to opt-out of the order.

4.4. All prices listed on the Website or Mobile Application for Goods and Services by KiwiGo reflect the price at the time of listing. We give great care to keep them up to date. In the case the price listed is not current, we will contact you to inform you about the price difference and you can choose to opt-out of the order.

4.5. All prices for delivery by KiwiGo or a third party provider assigned by KiwiGo listed on the Website or Mobile Application are correct at the time of publication, however, we reserve the right to alter these in the future

4.6. The total price for Food Delivery, Goods or Services ordered, including delivery charges and other charges, will be displayed on the Website or Mobile Application when you place your order. Full payment must be made for all Goods despatched and Services provided. Payment has to be made in cash or, if available on the Website or Mobile Application, by online payment, e.g. credit or debit card.

4.7. If you choose online payment, you must pay for your order before it is delivered. To ensure that shopping online is secure, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also conduct security checks to confirm it is you placing the order.

Section 5: Delivery

5.1. Delivery periods quoted at the time of ordering are approximate only and may vary. Goods will be delivered to the address designated by you at the time of ordering.

5.2. If delivery is done by the Participating Merchant or its delivery partners, it is the Participating Merchant sole responsibility to provide Food Delivery in a timely manner.

5.3. In the case delivery is done by KiwiGo or a third party delivery partner assigned by KiwiGo, we will give great care to deliver in a timely manner. No responsibility is taken for late delivery by KiwiGo in either case.

5.4. All orders are delivered by a reputable courier. We and the Participating Merchant will make every effort to deliver within the time stated, however, we will not be liable for any loss caused to you by ordering late. If the Goods are not delivered within the estimated delivery time quoted by us, please contact the participating Merchant first. You may also contact us by telephone or email and we will try to ensure that you receive your order as quickly as possible.

5.5. In case of a late delivery, the delivery charge will neither be waived nor refunded by KiwiGo.

5.6. All risk in the Goods and the Food Delivery shall pass to you upon delivery.

5.7. If you fail to accept delivery of Food Delivery and/or Goods at the time they are ready for delivery, or we are unable to deliver at the nominated time due to your failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you. Any storage, insurance and other costs which we incur as a result of the inability to deliver shall be your responsibility and you shall indemnify us in full for such cost.

5.8. You must ensure that at the time of delivery of Food Delivery and/or Goods adequate arrangements, including access where necessary, are in place for the safe delivery of such goods. We cannot be held liable for any damage, cost or expense incurred to such goods or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.

5.9. Participating Merchants, who will prepare your order, aim

5.9.1. to deliver the product to you at the place of delivery requested by you in your order;

5.9.2. to deliver within the time confirmed by the Merchant;

5.9.3. to inform you if they expect that they are unable to meet the estimated delivery time.

5.10. Participating Merchants and we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery;

5.11. Please note that it might not be possible for Participating Merchants to deliver to some locations. If this is the case, our Participating Merchants or we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address;

Section 6: Cancellation & Refund

6.1. You must notify the participating merchant immediately if you decide to cancel your order, preferably by phone, and quote your order number. You can also contact us by Email or by the Application. If the merchant accepts your cancellation, no cancellation fee applies. If the Merchant refuses cancellation, e.g. because preparation of Food Delivery has been completed, Ride complete and/or delivery personnel has already been dispatched, it may not be cancelled. Notwithstanding the foregoing, in case you paid for your order online, you should only contact KiwiGo with respect to a refund of your payment. You can always contact KiwiGo with any complaint or concern you may have with respect to an order for which you paid online.

6.2. We may cancel a contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made;

6.3. If the cancellation was made in time and once the Merchant has accepted your cancellation, we will refund or re-credit your debit or credit card with the full amount within 14 days, which includes the initial delivery charge (where applicable) which you paid for the delivery of the Goods or the Services, as applicable.

6.4. In the unlikely event that the Participating Merchant delivers a wrong item, you have the right to reject the delivery of the wrong item and you shall be fully refunded for the missing item. If the Participating Merchant can only do a partial delivery (a few items might be not available), its staff should inform you or propose a replacement for missing items. You have the right to refuse a partial order before delivery and get a refund. We are not responsible for wrong or partial delivery. The issue has to be settled directly with the Participating Merchant.

Section 7: Information

7.1. Where we have requested information from you to provide Food Delivery, Goods or Services you agree to provide us with accurate and complete information.

7.2. You authorize us to use, store or otherwise process your personal information in order to provide the Food Delivery, Goods or Services to you and for marketing and credit control purposes (the “Purpose”). The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the Food Delivery, Goods or Service to you. More information can be found in our Privacy Policy.

7.3. You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.

Section 8: Linked Sites There may be a number of links on our Website or Mobile Application to third party Website or Mobile Applications which we believe may be of interest to you. We do not represent the quality of the Goods or Services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party Website or Mobile Applications or the Services or Goods that they may provide to you.

Section 9: Complaints

We take complaints very seriously and aim to respond to your complaints within 5 business days. All complaints should be addressed to contact@Kiwigo.app or in the section “contact” in the Application.

Section 10: Limitation of Liability

10.1. Great care has been taken to ensure that the information available on this Website or Mobile Application is correct and error free. We apologize for any errors or omissions that may have occurred. We cannot warrant that use of the Website or Mobile Application will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website or Mobile Application and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

10.2. By accepting these terms of use you agree to relieve us from any liability whatsoever arising from your use of information from any third party, or your use of any third party Website or Mobile Application, or your consumption of any food or beverages from a Participating Merchant.

10.3. We disclaim any and all liability to you for the supply of the Food Delivery, Goods and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods or Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.

10.4. We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website or Mobile Application.

10.5. We shall not be held liable for any failure or delay in performing Services or delivering Goods where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties.

10.6. If we have contracted to provide identical or similar order to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which orders we will fill and to what extent.

10.7. The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or Mobile Application or for any products or services purchased from us.

10.8. We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.

10.9. In the event KiwiGo has a reasonable belief that there exists an abuse of vouchers and/or discount codes or in suspected instances of fraud, KiwiGo may cause the shopper (or customer) to be blocked immediately and reserves the right to refuse future service. Additionally, should there exist an abuse of vouchers or discount codes, KiwiGo reserves the right to seek compensation from any and all violators.

10.10.Offers are subject to KiwiGo’s discretion and may be withdrawn at any time and without notice.

Section 11: General

11.1. All prices are in local currency. VAT is included where indicated

11.2. We may subcontract any part or parts of the Services or Goods that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.

11.3. We may alter or vary the Terms and Conditions at any time without notice to you.

11.4. Payment must be made either at the time of ordering the Food Delivery, Goods or Services from us by credit card or at the time of delivery by cash. Failure to pay on time will result in the cancellation of your order.

11.5. Do not use or launch any automated system or program in connection with our Website or Mobile Application or its online ordering functionality;

11.6. Do not collect or harvest any personally identifiable information from the Website or Mobile Application, use communication systems provided by the Website or Mobile Application for any commercial solicitation purposes, solicit for any reason whatsoever any users of the Website or Mobile Application with respect to their submissions to the Website or Mobile Application, or publish or distribute any vouchers or codes in connection with the Website or Mobile Application, or scrape or hack the Website or Mobile Application.

11.7. The Terms and Conditions together with the Privacy Policy, any order form and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other term or provision on the Website or Mobile Application, these Terms and Conditions shall prevail.

11.8. If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.

11.9. These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of Singapore. The parties hereto submit to the exclusive jurisdiction of the courts of Singapore.

11.10. No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.

11.11. These Terms and Conditions and a contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Singapore Laws. Both we and you hereby submit to the non-exclusive jurisdiction of the Singapore Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.

KiwiPay Pte Ltd

16, Raffles Quay, #33-03 Hong Leong Building, Singapore (048581)

and registered with the Accounting and Corporate Regulatory Authority (ACRA) under number 201505097N

Email: contact(at)@kiwigo.app

Or Contact Us from the section ” Contact Us ” in the Mobile Application

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