1. INTRODUCTION AND ACCEPTANCE
1.1. The Agreement: These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "You," covering Students, Vendors, and Riders) and KampusBites ("we," "us," or "the Platform").
1.2. The Service: KampusBites is a technology platform that facilitates the ordering and delivery of food. We are not a restaurant, a food preparation entity, or a logistics/courier company. We act solely as an intermediary connecting Customers with independent Vendors and independent Delivery Agents ("Riders").
1.3. Acceptance: By creating an account or using the app, you expressly agree to be bound by these Terms. If you do not agree, you must immediately stop using the Service.
2. PROHIBITED GOODS AND CONDUCT (ZERO TOLERANCE)
To comply with Kenyan Law and our Payment Processor (IntaSend) agreements, the following are strictly prohibited. Violation will result in immediate permanent ban and reporting to relevant authorities (including University Security and the Kenyan Police).
2.1. Narcotics & Psychotropic Substances: The sale, purchase, or transport of Cannabis (Bhang), Miraa, illicit drugs, or any controlled substances via KampusBites is strictly forbidden.
2.2. Alcohol: Unless explicitly authorized by KampusBites with a valid liquor license displayed on the Vendor profile, the sale and delivery of alcohol is prohibited.
2.3. Weapons & Contraband: No weapons, explosives, or stolen goods.
2.4. Abuse & Harassment: Any physical or verbal abuse towards Riders, Vendors, or Staff will result in immediate account termination.
3. RELATIONSHIP AND DISCLAIMER OF LIABILITY
3.1. Food Safety & Hygiene
KampusBites does not cook, prepare, or handle food.
- The Vendor is solely responsible for the quality, safety, hygiene, and packaging of the food.
- KampusBites expressly disclaims all liability for any illness, food poisoning, allergic reactions, or health issues resulting from the consumption of food ordered through the platform.
- Any disputes regarding food quality must be directed to the Vendor, though KampusBites may facilitate the dispute resolution process.
3.2. Delivery & Logistics
- Riders are independent contractors, not employees of KampusBites.
- KampusBites is not liable for traffic delays, accidents, or actions taken by the Rider during the delivery process.
4. ORDERS, PAYMENTS, AND FEES
4.1. Pricing: Food prices are set by the Vendor. Delivery fees and "Packaging/Handling Fees" (Surcharges) are calculated by the Platform based on distance and order size (e.g., item count > 4).
4.2. M-Pesa Payments: All payments are processed via secure M-Pesa STK Push. By placing an order, you authorize us to debit your account.
4.3. Refunds & Cancellations:
- User Cancellation: You may cancel an order before the Vendor accepts it for a full refund. Once "Accepted" or "Preparing," no refunds are issued as the Vendor has already incurred costs.
- Failure to Deliver: If an order is verified as not delivered within reasonable time (or 24 hours in extreme disputes) due to a Platform, Vendor, or Rider error, the Customer is entitled to a 100% Refund of the food and delivery cost.
- Compensation: In the event of a verified failure to deliver, KampusBites may, at its sole discretion, offer a Free Delivery Voucher for the Customer's next order as a goodwill gesture.
- Refund Processing: Refunds are processed to the Customer's M-Pesa number or In-App Wallet within 24-48 hours.
5. VENDOR OBLIGATIONS
5.1. Accuracy: Vendors must ensure their menu items, prices, and availability are up-to-date.
5.2. Fulfillment: Once a Vendor clicks "Accept," they are legally obligated to prepare the food. Unfulfilled accepted orders may incur a penalty fee deducted from the Vendor's wallet.
5.3. Packaging: Vendors must ensure food is sealed securely to prevent contamination during transit.
6. RIDER OBLIGATIONS
6.1. Professionalism: Riders must maintain hygiene and professional conduct.
6.2. The "Digital Handshake": Riders must not release food to a Customer without verifying the Delivery Code. Releasing food without a code waives the Rider's right to payment for that trip if the Customer claims non-receipt.
6.3. Tampering: Any evidence of food tampering by a Rider will lead to immediate legal action and termination.
7. LIMITATION OF LIABILITY (READ CAREFULLY)
TO THE MAXIMUM EXTENT PERMITTED BY KENYAN LAW:
7.1. KAMPUSBITES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL.
7.2. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS OR THE SERVICE IS LIMITED TO THE TOTAL AMOUNT PAID BY YOU FOR THE SPECIFIC ORDER GIVING RISE TO THE CLAIM.
7.3. WE DO NOT GUARANTEE THAT THE APP WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
8. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless KampusBites, its directors, officers, employees, and agents from any claims, damages, losses, or legal fees arising from:
- Your violation of these Terms or any Law.
- Your misuse of the Service (e.g., ordering illegal items).
- Any harm caused by you to a third party (e.g., a Rider or Vendor).
9. DISPUTE RESOLUTION
9.1. Amicable Settlement: In the event of a dispute, users agree to first contact KampusBites Support (alvinmugethi@gmail.com) to attempt an informal resolution.
9.2. Jurisdiction: These Terms are governed by the laws of Kenya. Any unresolved legal disputes shall be subject to the exclusive jurisdiction of the courts in Nairobi, Kenya.
10. CHANGES TO TERMS
We reserve the right to modify these Terms at any time. Significant changes will be communicated via the App or SMS. Continued use of the Service constitutes acceptance of the new Terms.
Questions about these Terms?