NEW KAUAI APP

TERMS AND CONDITIONS

1. GENERAL
1.1. KAUAI® South Africa (Pty) Ltd (Registration Number: 1997/009392/07) ("KAUAI® South Africa") is launching a mobile application ("the KAUAI® App")
1.2. These terms and conditions ("Terms and Conditions") must be read with KAUAI® South Africa’s website terms and conditions ("Website T&C’s"), which are available at www.KAUAI.co.za ("Website") and any KAUAI® South Africa promotional material utilized for the KAUAI® App Campaign or the KAUAI® app ("Promotional Material"), which are owned and operated by KAUAI® South Africa. Please note that certain defined terms contained in the Website T&C’s will be utilized in these Terms and Conditions.
1.3. The terms "user", "you" and “your" are used interchangeably in these Terms and Conditions and refers to any individual who uses the KAUAI® App from time to time (or intends using the KAUAI® App) and any individual who downloads the KAUAI® App.
1.4. These Terms and Conditions govern the Campaign and the downloading and use of the KAUAI® App. KAUAI® permits the use of the KAUAI® App subject to these Terms and Conditions, and by using the KAUAI® App you shall be deemed to have accepted all the terms and conditions unconditionally.
1.5 Please read these Terms and Conditions carefully and make sure you understand them before you download or use the KAUAI® App. Please do not download or use the KAUAI® App if you do not agree to these Terms and Conditions.
1.6 Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or KAUAI® South Africa in terms of the CPA.
1.7 By accepting these terms and conditions you give KAUAI® permission to contact you via SMS/email/ Call in the future regarding:
a. Rewards
b. Click & Collect Orders
c. KAUAI® Loyalty App promotions
d. Marketing
e. Customer feedback or queries
1.8 Your personal information will not be shared with 3rd parties.
1.9 The KAUAI® App cannot be used in conjunction with any other special offer, promotion, discount or voucher.
1.10 Downloading the App and completing your profile with false information constitutes fraud. Your profile will be suspended and you will not be eligible for any rewards or promotions.
1.11 Registering on the App more than once from the same device to redeem offers and promotions constitutes fraud. Your profile will be suspended and you will not be eligible for any rewards or promotions.
1.12 At this stage the KAUAI® App is available at all retail and In Motion KAUAI® stores and excludes the KAUAI® Discovery store and the KAUAI® @School store
1.13 KAUAI® has the right to remove/ disable the app without prior notice.

2. Who is eligible to participate in the KAUAI® app?
The KAUAI® App is open to all citizens over the age of 18 years and older. You are required to register before being able to transact in the app. You guarantee that the information you provide to KAUAI® in the app is accurate and complete. Please note that in the case of limited offers extra restrictions such as a limit to the number of such Products per order may apply
2.1 How to download the KAUAI® app
Step 1: Get started by downloading the latest version of the KAUAI® app on your Apple or Android mobile device.
Step 2: Complete your profile including your credit/ debit card details
Step 3: Start Earning/ Click & Collect
2.2 Indemnity:
You agree to indemnify and hold Kauai and its directors, employees and agents harmless from any claims, demands, losses, liabilities and expenses (including Lawyers’ fees) arising out of your use of service or goods obtained through the use of the app

3.Offering/Services/ Campaign:
The KAUAI® App offers, inter alia, the following goods and services:
• Order Ahead (Click & Collect Service)
• Earning Loyalty through purchase
• Using the app to pay
• Gifting
• Promotional Offers
3.1 ORDER AHEAD (Click & Collect Service)
• All “order ahead” orders will be treated as a takeaway order.
• Customers should select their store of choice to collect “’order ahead’’ orders from on the app. Orders are limited to that day, no pre-ordering for future dates can be scheduled.
• Menus are specific to each store format. Menus include the full menu of each store format as well as Kids menu and snacks (excluding catering)
• No catering can be ordered through the app, catering orders needs to be placed two days in advance directly with the store.
Payment
When you place the order, funds equal to the total value of the order will be reserved against the card you have saved at registration.
Availability of Food
All products for sale in the app are subject to availability.
The placing of an order will happen when payment is made by credit card and is confirmed on the App.
Whether or not the store can fulfil the order is not clear at this stage. The availability of ingredients, correctness of the information relating to the Food (such as the price) and receipt of payment will
Unfortunately, no changes are possible once an order has been submitted.
Menu Display
We have made an effort to ensure that all images and pricing are correct. The actual colours that you see on your device may vary.
You will be charged the prices that are reflected on the app, subject to availability. All prices include VAT at 15%.
The KAUAI® app offers nutritional information on each menu item; however, our kitchens use ingredients containing gluten, milk, celery, sesame, fish, soya, nuts and eggs which may accidentally come into contact with your meal. We have strict food safety practices in place to avoid this, but there is a small risk of contact with these allergens.
Collection
On my way (10-20mins): This option is could take up to 20mins to complete in store
Customers need to supply the KAUAI® crew with Name and cellphone number as the identifier to collect their food
If a customer comes up to pick up their order after 60 mins and they are not happy with the quality of the product, KAUAI® stores cannot be held liable to make a new order.
3.2 Earning Loyalty (Cashback)
• Customers can earn loyalty on all purchases.
• Every purchase earns 2% of the total spend back. Example: Spend R100 and receive R2 in your wallet balance.
• Cash back reflects in your wallet balance instantly
• Wallet balance earned is valid for one year from date of receipt.
3.3 Paying with the app
• Two options of payment exist: Pay with saved card/ Pay with wallet balance.
• Wallet balance can be used for partial payment or full payment.
• At all times, it is the responsibility of the app user to protect their app by keeping their log in information private and secure. KAUAI® accept no liability for any damages suffered or losses incurred from the unauthorized use of the app.
• KAUAI® cannot be held responsible for lost or stolen card information.
• Payment can be made via debit/credit card that is stored in app or with wallet balance
• KAUAI® is entitled to withhold processing the order until such time authorisation is obtained for the amount. If we do not receive authorisation, your order for the Food will be cancelled.
3.4 Gifting:
• The minimum gift amount is R20 with R10 increments.
• The maximum amount that can be gifted is R1 000.
• Gift cards are valid for 3 years.
• Customer earns loyalty cash- back and points when purchasing the gift card.
• The recipient of the gift card will not earn loyalty cash- back when redeeming.
• In order to gift a recipient, the contact details of the recipient need to be saved to the phone.
• The recipient will receive an SMS with the gift card in the form of a WiCode, with an option to download the app.
3.5 Promotional Offers
• Promotions are only redeemable at participating stores. KAUAI® has the right to amend or stop any promotion at any time
• Vouchers are limited to one per customer per transaction. This cannot be used in conjunction with any other partner offer.
• KAUAI® cannot be held liable for lost or expired vouchers. Please note validity on all offers.
• Promotion may be subject to availability at a certain store.
• Promotional offers cannot be exchanged or refunded for cash or credit

4. Loyalty Programme
The more you spend, the higher your tier, the more rewards you will receive.
The loyalty programme includes 3 tiers- Green> Gold> Black, with different benefits for each tier. Earn more points to get to Black status for exclusive rewards

5. Data Collection and Storage:
KAUAI® collects the following data at app registration:
• User mobile number to enable user to receive OTP for secure account registration/validation.
• User Date of Birth to send birthday message via inbox message. Date of birth is also used to generate birthday rewards in line with application core functionality.
• KAUAI® will not share personal data without permission and will only be collected to improve the app or serve advertising.

6. Data
The KAUAI® app will use the cellular network and or Wi-Fi Connection of your mobile device to allow you access to the app services. KAUAI® cannot be held responsible for any interruption or disconnection of your cellular network.

7. Limitations
A user is only allowed to earn loyalty on 5 transactions per day.

8. Refunds
Customer Care can only resolve refunds working hours Monday to Friday 9am – 5pm. Refunds can take up to 7- 10 working days to reflect.

9. Links to Third Parties
The KAUAI® app may partner with third party services. Please note that different terms of use and privacy policy may apply to your use of such third-party services and content. KAUAI® will not be responsible or liable for any product or services of such third-party providers.

10. Events beyond reasonable control
KAUAI® will be not held responsible for any delay or failure to perform or comply with our obligations under the KAUAI® terms and conditions when the delay or failure arises from any cause which is beyond KAUAI® reasonable control.

11. Applicable law and Jurisdiction
KAUAI® Terms and Conditions shall be governed by the laws of the Republic of South Africa.
You and KAUAI® hereby submit to the non-exclusive jurisdiction of the South African courts.

12. KAUAI® Care
We want you to be happy with your experience at KAUAI®. Please let us know by telephone or email as soon as possible if there is a problem with your Food.

If you have any questions regarding our KAUAI® app or the terms and conditions, please contact us at: care@kauai.co.za