NEW Kauai App

KAUAI APP – Terms & Conditions
These terms and conditions only relate to the new Kauai mobile application.
TERMS AND CONDITIONS
1. GENERAL
1.1. KAUAI ® South Africa (Pty) Ltd (Registration Number: 1997/009392/07) ("KAUAI ® South Africa") is launching a new 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 campaigns available within the KAUAI ® App ("Promotional Material"), which are owned and operated by KAUAI ® South Africa. Please note that certain defined terms contained in the Website terms and conditions will be utilized and incorporated into these Terms and Conditions.
1.3 The terms "customer", ‘’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 ® South Africa 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 Consumer Protection Act No 68 of 2008 (“CPA”).
1.7 By accepting these terms and conditions you give KAUAI® South Africa permission to contact you via SMS/email/call in the future regarding:
a) Rewards;
b) Order Ahead;
c) KAUAI ® App loyalty promotions;
d) Marketing communication;
e) Customer feedback or queries;
1.8. By making use of the Kauai ® App, you consent to Kauai ® South Africa making use of your personal information (as defined in the Protection of Personal Information Act 4 of 2013) and Kauai ® South Africa undertakes that your personal information will not be shared with 3rd parties.
1.9. The KAUAI ® App can be used in conjunction with any other special offer, promotion, discount or voucher offered in a Kauai store. However, loyalty points and cash-back can only be earned after all discounts and promotions have been applied.
1.10 Downloading the KAUAI ® App and completing a profile with false information constitutes fraud. A customer’s profile will be suspended and will not be eligible for any rewards or promotions from the date of suspension, which decision will be made unilaterally by the management of Kauai ® South Africa and will not be able to be reviewed or set aside.
1.11 Registering on the KAUAI ® 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 from the date of suspension, which decision will be made unilaterally by the management of Kauai ® and will not be able to be reviewed or set aside.
1.12 The use of the KAUAI ® App promotional discounts are currently only available for redemption at all KAUAI ® South Africa Retail and In Motion (Virgin Active gym) stores.
1.13 The use of the KAUAI ® App promotional discounts are currently not available for use or redemption at the KAUAI® South Africa Discovery Kiosk store, Reddam School stores, Namibia, Botswana or Netherlands.
1.14 KAUAI ® South Africa has the right to remove or disable the KAUAI ® App without prior notice.
1.15 KAUAI ® South Africa and Virgin Active staff are not allowed to make use of the KAUAI ® App and their staff discount. Staff members are required to decide which payment method to be used.

2. WHO IS ELEGIBLE TO MAKE USE OF THE KAUAI ® APP?
2.1 The KAUAI ® App is open to all South African citizens over the age of 18 years and older. A customer is required to register before being able to transact in the KAUAI ® App.

2.2 Upon downloading the Kauai ® App, the customer guarantees that the information provided to KAUAI ® South Africa is correct, 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?
2.1.1 Step 1: Get started by downloading the latest version of the KAUAI ® App on your Apple or Android mobile device;
2.1.2 Step 2: Complete your profile by inserting your name, surname, cellular number and electronic mail (“EMAIL”) address;
2.1.3 Step 3: Complete your date of birth, gender and confirm whether you are a member of any of our partners;
2.1.4 Step 4: Agree to the KAUAI ® App Terms & Conditions;
2.1.5 Step 5: Select a 4-digit PIN to use when logging into the KAUAI ® App;
2.1.6 Step 6: Complete your profile by adding your credit/debit card details in the KAUAI ® App under ‘’My Profile’’ > ‘’Card Details’’;
2.1.7 Step 7: Follow the 3D secure process to vault your card in the KAUAI ® App. A R1 deduction will be taken off a customer’s card to verify whether a valid card has been loaded onto the KAUAI ® App. This transaction will be reversed back into a customer’s account within ten to fourteen working days.
2.1.8 Step 8: Start earning loyalty points and cash-back.

2.2. Indemnity:
2.2.1 The Customer hereby agrees to indemnify and hold KAUAI® South Africa and its directors, employees and agents harmless from any claims, demands, losses, liabilities and expenses (including legal or medical expenses) arising out of your use of the services or products obtained through the use of the KAUAI ® App or from any KAUAI ® South Africa store.
2.2.2 The Customer will not hold KAUAI ® South Africa and its directors, employees and agents for any damages, whether direct, indirect, consequential or otherwise through any claim that may arise through use of the KAUAI ® App, the services or products of KAUAI ® South Africa.

3. OFFERING / SERVICES / CAMPAIGN:
3.1 The KAUAI ® App offers, inter alia, the following goods and services:

3.1.1 Order Ahead (Click & Collect Service);
3.1.2 Earning Loyalty through purchase
3.1.3 Using the KAUAI ® App to pay
3.1.4 Gifting
3.1.5 Promotional Offers

3.1.1 Order Ahead (Click & Collect Service):
3.1.1.1 All “Order Ahead” orders will be treated as a takeaway order. Customers are able to enjoy their meal(s) inside a KAUAI ® South Africa store.
3.1.1.2 Customers should select their store of choice to collect “’Order Ahead’’ orders from on the KAUAI ® App. Orders are limited to that day, no pre-ordering for future dates can be scheduled.
3.1.1.3 Menus are specific to each store format. Menus include the full menu of each store format as well as Kids menu and snacks. The menu on the KAUAI ® App excludes the Catering Menu.
3.1.1.4 No catering can be ordered through the KAUAI ® App, catering orders need to be placed forty-eight hours in advance directly with a Kauai store.
3.1.1.5 When a customer places an order in the KAUAI ® App, funds equal to the total value of the order will be reserved against the verified card a customer has saved on their profile.
3.1.1.6 All products for sale in the KAUAI ® App are subject to menu availability in a selected store.
3.1.1.7 Menu items vary from one store to another, depending on their store concept.
3.1.1.8 All menu items available per selected store are visible in the KAUAI ® App.
3.1.1.9 The placing of an order will happen when payment is made by a customer’s debit/credit card and the order has been confirmed on the KAUAI ® App screen.
3.1.1.10 No changes to an Order Ahead order can be made once the final order has been submitted.
3.1.1.11 Prices in the KAUAI ® App are subject to change without notice.
3.1.1.12 KAUAI ® South Africa has made an effort to ensure that all images and pricing are correct at the time of launch of the KAUAI ® App. The actual colours that you see on your device for the KAUAI ® App may vary from device depending on the make.
3.1.1.13 A Customer will be charged as per the menu prices that are reflected in the KAUAI ® App, and ingredients are subject to seasonal availability.
3.1.1.14 All prices indicated in the KAUAI ® App include 15% (fifteen percent) Value Added Tax (“VAT”) as per the Value Added Tax Act 89 of 1991.
3.1.1.15 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. The Customer has read and understands that he / she indemnifies KAUAI ® South Africa from any and all liability that may arise from usage or consumption of the products of KAUAI ® South Africa.
3.1.1.16 KAUAI ® South Africa has strict food safety practices in place to avoid this, but there is a small risk of contact with these allergens.
3.1.1.17 On my way (10-20mins): Please allow for order collection of to take up to 20 mins with this option.
3.1.1.18 Customers have the option to select their collection times in 15 (fifteen) minutes increments.
3.1.1.19 Once a Customer arrives at a KAUAI ® South Africa store to collect their Order Ahead order, they need to supply the KAUAI ® South Africa staff members with the same name and cell phone number as used with the registration process in the KAUAI ® App.
3.1.1.20 Should a customer does not arrive on time to collect their Order Ahead order and they are not satisfied with the quality of the product, KAUAI ® South Africa stores cannot be held liable to make a new order.

3.2. Earning Cash-back and Loyalty points:
3.2.1 With every purchase made in the KAUAI ® App, a Customer will be rewarded with 2% (two percent) of their total spend back into their Wallet Balance. For example: Spend R100 and receive R2 back in your Wallet Balance (except when transacting with a Gift card amount received);
3.2.2 The 2% (two percent) loyalty cash-back reflects immediately in a customer’s Wallet Balance in the KAUAI® App;
3.2.3 A customer’s Loyalty Wallet balance earned will not expire (This excludes any gift cards refer to section 3.4.4.).
3.2.4 With every purchase made in the KAUAI ® App, a customer will receive 1 (one) loyalty point per Rand-value spent through the KAUAI ® App (except when transacting with a Gift card amount received). Each loyalty point will contribute to a Customer’s tiered status in the KAUAI ® App. For example: Spend R55 and receive 55 loyalty points;
3.2.5 The KAUAI® App loyalty programme includes the following three loyalty status tiers: Green> Gold> Black. With Black status being the highest loyalty tier;
3.2.6 Tiered status points cannot be used as a payment method and is only an indication of a Customer’s loyalty status in the KAUAI ® App;
3.2.7 Each status tier offers a specific set of reward benefits that will be issued to a Customer.

3.3. Paying with the app:
3.3.1 Two options of payment exist in the KAUAI ® App, namely: Pay with Saved Card/ Pay with Wallet Balance.
3.3.2 Pay with Saved Card - a Customer needs to add in valid debit/credit card details in order to transact with this payment function in the KAUAI® App.
3.3.3 Pay with Wallet Balance - a Customer can use their Wallet Balance for partial payment or full payment. This payment method would largely depend on the amount of Wallet Balance available in a customer’s KAUAI ® App.
3.3.4 It is the responsibility of a KAUAI ® App user to protect and keep their login details secure. KAUAI ® South Africa cannot accept liability for any damages suffered or losses incurred from the unauthorized use of the KAUAI ® App by another user.
3.3.5 KAUAI ® South Africa cannot be held responsible for lost or stolen card information.
3.3.6 KAUAI ® South Africa is entitled to withhold processing an order until such time authorisation is obtained for the ordered amount. Should KAUAI ® South Africa not receive authorisation, a customer’s order for the food will be cancelled and the order will not be processed.

3.4. Gifting:
3.4.1 Customers are able to send gift vouchers to their friends and family with the KAUAI ® App.
3.4.2 The minimum gift amount voucher that can be send is R20 (twenty rand) with R10 (ten rand) increments.
3.4.3 The maximum gift amount voucher that can be gifted is R250 (two hundred and fifty rand).
3.4.4 Gift cards shared are valid for 3 (three) years. Should a customer not use it within this time, the in-app Gift card will expire.
3.4.5 A Customer earns 2% (two percent) loyalty cash-back in their Wallet Balance with every gift card purchase and 1 (one) loyalty point per rand value spent towards their loyalty status. When a customer sends the gift card to another recipient, the recipient will not earn cash-back or loyalty points on the gifted amount used when transacting with the KAUAI ® App.
3.4.6 In order to send a gift card to a recipient, the contact details of the recipient need to be saved to the customer’s mobile phone.
3.4.7 The recipient will receive a Short Message Service (“SMS”) with the gift card amount in the form of a wiCode, with an instruction to download the KAUAI ® App. If a recipient is already a KAUAI ® App user, the gifted amount will automatically appear in the recipient’s Wallet Balance.
3.4.8 Gifting transactions is limited to two transactions, per customer per day.

3.5. Promotional Offers:
3.5.1 Promotions are only redeemable at participating KAUAI ® South Africa stores. KAUAI ® South Africa has the right to amend or stop any promotion at any time.
3.5.2 Promotional offers will be visible under the ‘’Kauai Offers’’ tab (located under the main menu) in the KAUAI ® App.
3.5.3 Promotional vouchers are limited to one per Customer per transaction. This cannot be used in conjunction with any other partner offer.
3.5.4 KAUAI ® South Africa cannot be held liable for lost or expired promotional vouchers. It is a Customer’s responsibility to take note of the validity of a promotional offers or voucher.
3.5.5 Promotional offers may vary from store to store, depending on the store’s menu availability.
3.5.6 Promotional offers cannot be exchanged or refunded for cash or credit in any KAUAI ® South Africa store.
3.5.7 Should a Customer want to revoke/cancel an order after a promotional voucher has been selected/redeemed in a store through the KAUAI® App, the voucher will be lost and processed as redeemed. KAUAI ® South Africa cannot be held liable for any changes that are made after a promotional voucher has been selected/redeemed.

4. DATA COLLECTION & STORAGE:
4.1 KAUAI ® South Africa collects the following data with customer registration in the KAUAI ® App:
4.1.1 A valid customer mobile contact number to enable the Customer to receive a One Time Pin (“OTP”) for secure account registration/validation;
4.1.2 A customer’s valid date of birth (“DOB”) to be able send a birthday message via the KAUAI® App inbox function. DOB is also used to generate tiered birthday rewards in line with the KAUAI ® App’s core functionality;
4.1.3 KAUAI ® South Africa will not share personal data with any other parties without consent or permission;
4.1.4 Collected personal data through the KAUAI ® App, will be used to improve a customer’s app experience and serve as a way of direct communication with a KAUAI ® App customer.

5. CELLULAR DATA
5.1 The KAUAI ® App will use the cellular network and or Wi-Fi Connection of a customer’s mobile device to allow a customer to access to the KAUAI ® App services.
5.2 KAUAI ® South Africa cannot be held responsible for any interruption or disconnection of a customer’s cellular network.
5.3 KAUAI ® South Africa cannot be held responsible for any additional cellular charges occurred through the use of the KAUAI ® App.

6. LIMITATIONS
6.1 A customer is only allowed to earn a maximum of 2% (two percent) cash-back on a limited amount of 5 (five) KAUAI® App transactions per day.
6.2 Only 2 (two) of the 5 (five) limited KAUAI ® App transactions can be used on sending gifting as provided for in the KAUAI® App.
6.3 KAUAI ® South Africa and Virgin Active staff are not allowed to make use of the KAUAI ® App and their staff discount. Staff members are required to decide which payment method to be used.

7. REFUNDS
7.1 When a Customer loads a valid credit/debit card onto the KAUAI ® App, a R1 (one rand)
7.2 deduction is used verify whether a customer has loaded valid banking details. The R1 (one rand) payment will be reversed within 7 (seven) – 10 (ten) working days back into a customer’s credit/debit card from the deduction date.
7.3 The KAUAI ® South Africa Customer Care can only resolve refunds during working hours from Monday to Friday 9am – 5pm.

8. LINKS TO THIRD PARTIES
8.1 The KAUAI ® App may partner with third party service providers or product suppliers. Please note that different terms of use and privacy policies may apply to your use of such third-party services and content.
8.2 KAUAI ® South Africa will not be responsible or held liable for any product or services of such third-party providers.

9. EVENTS BEYOND REASONABLE CONTROL
9.1 KAUAI ® South Africa will be not held responsible for any delay or failure to perform or comply with our obligations under the KAUAI® App Terms and Conditions when the delay or failure arises from any event which is beyond KAUAI ® South Africa’s reasonable control, which could not be reasonably foreseen, prevented or occurred beyond KAUAI ® South Africa (also referred to as an “Act of God”).

10. APPLICABLE LAW & JURISDICTION
10.1 KAUAI ® App Terms and Conditions shall be governed by the laws of the Republic of South Africa. By agreeing to the KAUAI ® App Terms and Conditions, a customer and KAUAI ® South Africa hereby submits to the non-exclusive jurisdiction of the South African courts.

11. KAUAI ® CARE
11.1 KAUAI ® South Africa would like to ensure all of its customers are happy with their experience at any KAUAI ® South Africa store. Should a customer experience any problem with their products or services received at any KAUAI ® South Africa store, we would like to know about it. Please let us know by telephone or email as soon as possible after the occurrence of any incident. For any questions regarding the KAUAI ® App or Terms or Conditions, please get in contact at care@kauai.co.za or 087 057 8910.