Terms of Service

Effective date: 14/09/2024

Introduction

These Terms of Service ("Agreement") form a binding agreement between Mealcrest ("we," "us," or "our") and individuals involved in managing food establishments ("you," "your," "user," or "users"). By accessing or using our platform, you agree to comply with this Agreement. If you do not agree, please discontinue use of our services immediately.

Definitions

Establishment - A term that refers to any food service provider utilising the Mealcrest platform. This includes, but is not limited to, butcheries, bakeries, grocery stores, traditional restaurants, street food vendors, bars and lounges, and cloud kitchens.
Establishment owner - A registered user on the Mealcrest platform who owns and manages an establishment. This user holds administrative control over the establishment's operations on the platform.
Establishment staff - A user authorised by the establishment owner to manage various aspects of the establishment's operations on the Mealcrest platform. This can include tasks such as updating menus, managing orders, and interacting with customers.
Customer - An individual involved in placing orders to establishments.
Meal - Any food or beverage item offered by an establishment through the Mealcrest platform.
Channel - An optional public-facing profile created by an establishment on the Mealcrest platform. The channel is used to showcase the establishment's unique offerings, including recipes, video blogs (vlogs), cravelists, upcoming events, and other promotional content.
Content - Any text, images, videos, or other media intended for public view, posted or shared by an establishment on the Mealcrest platform. This includes, but is not limited to, responses to customer comments, posts on the establishment’s channel, recipes, vlogs, cravelists, event announcements, meal listings, promotions, and public profile information of both the establishment and its channel.

Roles and Responsibilities

User Responsibilities

As a user, you are expected to adhere to the following guidelines to ensure a safe, fair, and enjoyable experience for all:

Respect Intellectual Property: You agree not to systematically retrieve data or content from the platform to create a collection, compilation, database, or directory without obtaining our explicit written permission. You must not copy, adapt, decipher, decompile, disassemble, reverse engineer, or otherwise interfere with any software, content, or features within the platform.
Maintain Integrity: You must not trick, defraud, or mislead Mealcrest, its users, or any third parties, particularly in attempts to obtain sensitive information like passwords. Any attempt to impersonate another user or misuse another user’s credentials is strictly prohibited.
Respect Security Measures: You are prohibited from circumventing, disabling, or interfering with any security-related features of the platform, including those that prevent or restrict the use or copying of content. Attempting to bypass any measures designed to prevent unauthorised access to the platform is also forbidden.
Content Conduct: You agree not to upload, transmit, or distribute harmful material, including viruses, malware, or any form of disruptive code, that could interfere with the operation of the platform or the devices of other users. Excessive use of capital letters, spamming, or any form of automated system that disrupts the platform’s normal operations is not allowed.
Proper Use of Information: You must not use information obtained from the platform to harass, abuse, or harm others, nor should you make unauthorised use of user data, including collecting usernames, email addresses, or any personal information by deceptive means.
Abide by Legal and Ethical Standards: Your use of the platform must comply with all applicable laws and regulations. Any effort to compete with Mealcrest by using the platform for unauthorised commercial purposes is prohibited.
Account Accuracy: You are responsible for ensuring that all registration information you submit is accurate, current, and complete. You must promptly update any information as necessary and ensure that you have the legal capacity to agree to these terms. If you are a minor, you are not permitted to use the platform.

Establishment Responsibilities

As an establishment using the Mealcrest platform, you agree to the following responsibilities to maintain the integrity and quality of the platform:

Accuracy of Information: Ensure that all information related to your establishment, including menu items, pricing, and promotional offers, is accurate, up-to-date, and not misleading. You are responsible for promptly fulfilling orders placed by customers, including honouring promotions and discounts as advertised.
Data Privacy and Security: You must not misuse or mishandle any customer personal information (PII), such as delivery details. This includes ensuring that such information is used solely for the purposes of fulfilling orders and in compliance with applicable privacy laws.
Ethical Business Practices: Engaging in any form of extortion, unfair treatment, or manipulation of customers is strictly prohibited. You must not exploit the platform for any unauthorised or unethical business practices.
Account Management: Understand that a service account (i.e., accounts linked to your establishment) remains active and the responsibility of the establishment owner until they formally remove access or deactivate it.
Timely Invoice Payment: You are required to fulfil any payment invoices issued by Mealcrest by the specified due date.
Compliance and Penalties: Any violation of these responsibilities may result in penalties, including but not limited to, temporary suspension or permanent deactivation of your account, depending on the severity and circumstances.

Mealcrest Responsibilities

Mealcrest commits to the following responsibilities to ensure a reliable and user-friendly experience for all parties involved:

Notification of Important Events: Mealcrest will notify users and establishments of critical events that require prompt action via push notifications. These may include order confirmations, payment issues or changes to the terms of service. While Mealcrest ensures the timely delivery of notifications, users are responsible for managing their notification preferences. If users block notifications or restrict background activity, they may miss important updates, and Mealcrest will not be held liable for any resulting issues.
Currency Exchange Rates: Mealcrest sources and updates currency exchange rates daily from Open Exchange Rates. While we strive for accuracy, fluctuations in exchange rates are beyond our control, and users should be aware of potential variations.
Platform Security and Stability: Mealcrest is committed to maintaining the security and stability of the platform, including implementing regular updates, security patches, and system monitoring to prevent unauthorised access and ensure uninterrupted service availability.
Timely Payouts: Mealcrest will ensure that all refunds to users are processed in a timely manner, according to the agreed-upon payment schedules.
Collaborative Responsibility: Emphasise that both users and establishments are responsible for maintaining a positive and respectful community. This could include reporting inappropriate behaviour, helping resolve disputes amicably, and contributing to the platform’s improvement through constructive feedback.
Feedback and Dispute Resolution: Mealcrest encourages users and establishments to provide feedback on their experiences. In the case of disputes, Mealcrest will act as a mediator to help resolve issues in a fair and timely manner. Clear communication is encouraged to avoid misunderstandings.

User Account Management

Registration and Verification

When creating an account, users must provide accurate and up-to-date information, including a valid email address. Mealcrest will verify the account through a confirmation process. Users are responsible for completing this verification and keeping their information current. Failure to do so may result in account suspension or termination.

Account Security and Confidentiality

Users are responsible for safeguarding their account credentials, including email and password. Sharing credentials is prohibited. Mealcrest encourages enabling two-factor authentication (2FA) for added security. In case of unauthorised access or security breaches, users must notify Mealcrest immediately. While Mealcrest employs security measures, users are ultimately responsible for their account's confidentiality. Mealcrest is not liable for any loss or damage arising from a user's failure to secure their account.

Account Modification

Users can modify their account details through the platform's settings. Changes to sensitive information, such as email addresses, may require re-verification. Regular updates are recommended to ensure information remains accurate and service is uninterrupted.

Deactivation and Suspension

Users can request account deactivation through account settings. Deactivation will anonymize the account, making recovery unlikely. Refunds will not be processed post-deactivation. Conditions for deactivation:

The user must not own or be actively associated with any establishment on the Mealcrest platform.
The user must ensure that no open-tab carts exist within their account.
All orders linked to the user must be completed, cancelled, or otherwise resolved.

Mealcrest reserves the right to suspend or deactivate accounts for violations of this Agreement, prolonged inactivity, or upon user request. Suspensions may be temporary or permanent, depending on the circumstances.

Establishment Account Management

Registration and Verification

When creating an establishment account, the owner must provide accurate and up-to-date information. Mealcrest requires verification of the establishment before it is visible to the public. The establishment owner is responsible for completing the verification process and ensuring that all information remains current. Failure to do so may result in account suspension or termination.

Verification requires the submission of additional documents, such as a Certificate of Registration or Incorporation issued by the Registrar of Companies, a Health License Permit, and a government-issued form of identification. This information is solely used for verification purposes and will be retained as long as the establishment remains active on the platform to address any future discrepancies. Even after verification, Mealcrest may request updated information at its discretion.

Exclusivity on the platform is subject to a custom agreement between Mealcrest and the establishment.

Account Security and Confidentiality

Establishment owners have the ability to add staff users to assist in managing the establishment’s account. The owner is responsible for assigning roles and permissions to their staff. If a user account does not exist, it will be created during this process. The user will be responsible for securing the authentication mechanisms of their account.

Security of the establishment's account is a shared responsibility between the owner and their staff. Establishment owners and their staff must safeguard their account credentials, including email addresses and passwords. Sharing account credentials is strictly prohibited. To enhance security, Mealcrest strongly recommends enabling two-factor authentication (2FA).

In the event of unauthorised access or a security breach, the establishment owner must notify Mealcrest immediately. Although Mealcrest implements robust security measures, the ultimate responsibility for maintaining account confidentiality lies with the establishment. Mealcrest is not liable for any loss or damage resulting from the establishment's failure to secure its account.

Account Modification

Establishment owners can modify their account details through the platform's settings. Regular updates are recommended to ensure information remains accurate and service continuity is maintained.

For significant changes such as class or location modifications, the establishment must request assistance from Mealcrest. Owners should be aware that these modifications may have consequences:

Class Modification: May result in some reviews being invalidated due to changes in the required ratings.
Location Modification: May impact customer orders and reservations. Notifications will be sent to customers with pending “take-away” orders or reservations. The establishment is responsible for understanding the impact of these changes on customer satisfaction. The platform’s refund policy will apply if an order cannot be fulfilled due to a location change. For delivery orders, any payment for delivery made at checkout will remain as initially provided by the customer, and the establishment must manage the fulfilment accordingly.

Deactivation and Suspension

An establishment owner can request account deactivation through the account settings. Deactivation will anonymize the account, making recovery unlikely. Pending payouts will not be processed after deactivation.

The establishment must have been in indefinite maintenance mode for at least three days.
Any open-tab carts assigned to establishment staff must be either deleted or checked out.
Any outstanding debts to Mealcrest must be cleared.
Meals that do not meet the deactivation conditions must be addressed.
All linked orders must be completed, cancelled, or otherwise resolved.

Mealcrest reserves the right to suspend or deactivate accounts for violations of this Agreement, prolonged inactivity, or upon the establishment owner's request. Suspensions may be temporary or permanent depending on the circumstances.

Platform Operations

Service Availability

Indefinite Maintenance Mode

Mealcrest reserves the right to place an establishment into an indefinite maintenance mode if it fails to meet its responsibilities as outlined in this agreement. This action may be taken after prior warnings are issued and the establishment does not address the issues within the given time frame.

Establishment-Initiated Maintenance

Establishments may schedule a maintenance mode due to unavoidable circumstances such as overwhelming orders, natural disasters, temporary closures, or other significant disruptions. Once in maintenance mode, the establishment will be unable to:

Receive new orders.
Assign staff to any open-tab carts.

Order Fulfilment During Maintenance

While in maintenance mode, the establishment is required to fulfil all previously accepted but unfulfilled orders to the best of its ability.

Reactivation Process

To exit maintenance mode, the establishment must coordinate with Mealcrest. Reactivation will be subject to Mealcrest approval, based on the resolution of the issues that led to the maintenance mode.

Content Guidelines

Compliance with Agreement

Any misuse that violates these guidelines constitutes a breach of this Agreement. This may result in the suspension or termination of your rights to use the platform. Mealcrest reserves the right to remove or disapprove any content from public view at its sole discretion.

Channel Management

Channels may be flagged for policy violations, hiding all associated content (e.g., vlogs, recipes, comments) from public view. Mealcrest will review the flagged content and communicate with the channel owner to resolve the issue. Depending on the outcome, the channel may either be restored or permanently deleted. During the flagging period, the following actions are prohibited:

Creating new vlogs, recipes, events, or cravelists
Posting comments on vlogs or recipes

Channel verification requires owners to provide additional information for identity confirmation, which is retained solely for verification purposes during the channel’s active period. If a channel is deleted, either by the establishment staff or by Mealcrest, all personally identifiable information will be removed, and the channel will be anonymized. Relevant data will be retained for a limited time for analytical purposes before being permanently deleted.

Content Ownership and Permissions

You must be the original creator or legal owner of the content you upload or have the necessary rights and permissions to use it. By posting content, you grant Mealcrest a non-exclusive, transferable, royalty-free, worldwide licence to host, use, copy, reproduce, distribute, publicly display, and perform your content in any media formats and through any media channels.

Prohibited Content

Your content must not:

Infringe on third-party rights, contain false or misleading information, or include unauthorised advertising.
Contain obscene, harassing, defamatory, or otherwise objectionable material.
Violate any laws, including those related to privacy, child protection, or anti-discrimination.
Include offensive comments or promote violence.

Preferred Content

Mealcrest is a platform focused on culinary and food-related content. While diverse content is welcome, contributions that enhance the culinary community—such as recipes, cooking tips, food vlogs, and event announcements—are highly encouraged. Content unrelated to food may be subject to review and removal if deemed inconsistent with the platform's purpose.

Responsibility and Liability

You are responsible for the content you post or upload and any resulting consequences. You agree to indemnify Mealcrest against any claims, damages, or losses from your breach of these guidelines or applicable laws.

Content Management by Mealcrest

Mealcrest reserves the right to edit, re-categorize, pre-screen, or delete any content without notice if it is deemed harmful or in violation of this Agreement. Content unrelated to food may be removed to maintain the platform’s focus.

Intellectual Property Rights

Mealcrest respects the intellectual property rights of others. If you believe that any content on the platform infringes your copyright, notify us using the provided contact information. False claims may result in legal liability.

Meal Listings and Descriptions

Approval and Content Accuracy

All meal listings submitted by establishments must undergo an approval process to ensure they align with Mealcrest’s standards and policies. Meal descriptions must be accurate, clear, and include essential details such as potential allergens. Misleading or false descriptions will result in the removal of the meal listing and may lead to further actions. The price of any meal listed on Mealcrest must not exceed the price of the same meal when purchased directly from the physical establishment by more than 20%.

Upon approval, meals will be made publicly visible on the platform. However, Mealcrest reserves the right to revoke approval and remove any meal from public view if it is later found to violate our terms or if the information becomes outdated.

Deactivation and Removal

Meal listings may be deactivated by either the establishment or Mealcrest under specific conditions, such as prolonged unavailability or policy violations. Once deactivated, the meal will be removed from public view. Any associated data may be retained temporarily for analysis before being permanently deleted. Conditions for deactivation:

The meal has been unavailable for a minimum of 3 consecutive days.
All linked orders must be completed, cancelled, or otherwise resolved.
All linked open-tab carts must have not fulfilled the meal.

Cart Management

Open-Tab Cart

The Open-Tab Cart is designed for establishments offering dine-in services. Payment is processed after the service, ensuring flexibility for both the customer and the establishment.

Currency Alignment

The cart's currency aligns with the establishment’s preferred currency at the time of cart creation. If any meals or promotions involve different currencies, amounts are automatically converted using the exchange rates when the establishment staff was assigned to the open-tab.

Promotion and Discount Evaluation

Only meals fulfilled by the assigned establishment staff are considered when evaluating promotions and calculating cart totals. The data and time of staff assignment are crucial in determining the applicability of promotions and discounts, which are applied at Mealcrest’s sole discretion.

Combo discounts are automatically applied based on the provided set of items. The combination with the highest discount is chosen, provided the final cart price remains valid. The priority of combo discounts decreases as the number of distinct meal sets increases. After applying combo discounts, a single price discount and a single selected cart coupon may be applied.

Staff Assignment and Checkout

Staff can absolve themselves from the cart only if no meals have been fulfilled. Once a meal is fulfilled, either the establishment or the customer must check out the cart within 24 hours. If neither party checks out within this period, Mealcrest will automatically complete the checkout, assuming payment is made in cash.

Checkout Process

Direct Payment: Payment can be made directly to the establishment.
In-App Payment: If the payment is processed through the platform, the system notifies the establishment of its success or failure. The customer can include an optional tip payable to the assigned establishment staff.

Payment Confirmation

Establishment staff must confirm payment status before the customer departs, as disputes regarding payment post-departure will not be considered. In case of payment delays (e.g., issues with the payment processor) and the customer wishes to leave, the establishment should collect payment directly to avoid uncertainty. If payment is not confirmed within six hours, it is automatically assumed that the establishment received the payment but failed to acknowledge it.

Private Cart

The Private Cart caters to establishments offering takeaway and/or self-delivery services. Orders are fulfilled after the customer completes an in-app payment.

Currency Alignment

The cart's currency is aligned with the establishment’s preferred currency at the time of cart creation. If meals or promotions have different currencies, amounts are converted using the latest exchange rates.

Promotion and Discount Evaluation

Only selected meals with complete necessary information are considered when evaluating promotions and cart totals. Additional conditions may apply to assess the validity of the meals.

Self-Delivery

If the customer opts for self-delivery, the system automatically selects the cheapest delivery rate based on the provided address and the total weight of the cart.

Fulfilment Scheduling

The customer selects the date and time for the establishment to fulfil the order, considering preparation time and the establishment's operational hours. This selected time is used to determine the applicability of promotions and discounts, which remain at Mealcrest’s sole discretion.

Order Management

Order Acknowledgment and Acceptance

Establishment staff can choose to accept or cancel a customer’s order prior to confirmation. Once an order is accepted, the establishment is obligated to fulfil it and cannot cancel the order thereafter. Establishments must acknowledge any cancellations initiated by customers.

Order Fulfilment

Establishments are responsible for keeping customers informed throughout the order process. This includes confirming receipt of the order and providing updates on the estimated fulfilment time via the provided phone number.

The order fulfilment timestamp provided by the user is an estimate. While the establishment strives to meet this time, unforeseen issues may arise such as:

Customer failure to pick up the order on time.
Incorrect or invalid delivery address provided by the Customer.
Customer unavailability or failure to respond to communication attempts by the establishment.
Operational issues within the establishment.

In cases where such issues occur, and the order cannot be confirmed as completed on the platform, the order status will be marked as ‘resolved.’ This status indicates that the order process has concluded without explicit confirmation from both parties.

Dispute Handling

After an order is marked as ‘resolved,’ customers have a 12-hour grace period to file a dispute if there are any issues with the order. In the event of a dispute, the establishment must gather and present relevant evidence to support their claims. This could include communication logs, timestamps, or any other pertinent information.

Financial Terms

Payments and Fees

Payment Processing

Establishments and their staff must set up their preferred payout methods with Mealcrest, ensuring the accuracy of all payment-related information. Incorrect information that results in funds being sent to the wrong account will be the sole responsibility of the establishment and their staff. Establishments must also designate an email address for receiving payment invoices from Mealcrest. Payments should be fulfilled before the due date to avoid penalties such as frozen transfers or the imposition of indefinite maintenance mode.

Refunds and Chargebacks

Refunds on orders, including the order amount, delivery fees, and tips, will directly impact the payouts to the establishment. If an order is marked as ‘resolved,’ the establishment’s payment is not guaranteed and may be subject to deductions or penalties. Mealcrest serves as a mediator between the establishment and the customer, assessing penalties based on the evidence provided by both parties. Any penalties imposed will reduce the amount payable to the establishment and their staff.

Billing and Invoicing

Mealcrest will generate invoices based on several factors:

Cancelled Orders: Orders cancelled by customers after acceptance by the establishment will be considered in the billing process.
Completed Orders: Orders successfully received by customers, as confirmed by both the customer and the establishment, will be billed accordingly.
Dispute-Free Orders: Only orders without ongoing disputes or unresolved issues will be considered in the final invoice.

The amount payable to the establishment or its staff may vary based on the outcomes outlined in the Refunds and Chargebacks section. The assigned staff member or the establishment owner will receive any tips made by customers, while the establishment will receive earnings from orders, delivery fees, and any applicable compensation from Mealcrest for promotions or discounts.

For each order:

Direct Payments to Establishment: If the customer pays the establishment directly, the establishment is required to remit a 9% commission of the total order amount (before any Mealcrest-provided promotions or discounts) to Mealcrest. If the order includes a Mealcrest-provided promotion or discount, the establishment will be compensated after the commission is deducted.
Payments Processed Through Mealcrest: If payment is processed through the platform, the establishment’s staff will receive their tips after a 2% commission is deducted by Mealcrest. The establishment will receive its earnings after Mealcrest deducts a 9% commission from the total order amount before applying any promotions or discounts. Delivery fees are fully paid to the establishment without additional deductions.

Tax Obligations

Establishments and their staff are solely responsible for reporting and paying their own taxes in accordance with local laws and regulations. Mealcrest does not withhold taxes on behalf of establishments or their staff.

Legal Provisions

General Provisions

These Terms of Service ("Agreement”) form a binding agreement between Mealcrest ("we," "us," or "our") and individuals involved in managing food establishments ("you," "your," "user," or "users"). It supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written, between the parties. Any waiver, modification, or amendment of any provision of this Agreement will be effective only if in writing and signed by both parties.

If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions of this Agreement shall remain in full force and effect.

Amendments

Mealcrest reserves the right to modify or amend this Agreement at any time. Any changes will be communicated to you via the email address you provided during registration or through a notification on the platform. Changes will become effective 30 days after such notification unless you explicitly accept the changes earlier by continuing to use the Platform. If you do not agree with the amended Agreement, you must stop using the platform before the changes take effect. Continued use of the platform after the effective date of the changes will constitute your acceptance of the amended Agreement.

Termination of Agreement

These Agreement may be terminated by either party at any time, with or without cause, by providing written notice to the other party. Upon termination, you must cease all use of the platform, and any outstanding payments owed to Mealcrest must be settled immediately. Mealcrest reserves the right to terminate your access to the platform without prior notice if you breach any term of this Agreement, engage in fraudulent activities, or misuse the platform.

Upon termination, all rights and licences granted to you under this Agreement shall immediately cease. The termination of this Agreement does relieve either party of any obligations incurred prior to the termination date, including but not limited to payment obligations.

Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of laws principles. Any disputes arising from or relating to this Agreement, its interpretation, or its breach shall be subject to the exclusive jurisdiction of the courts of Kenya. By entering into this Agreement, you consent to the jurisdiction of such courts.

Dispute Resolution

In the event of any dispute arising out of or relating to this Agreement, the parties agree to first attempt to resolve the dispute through good-faith negotiations. If the dispute cannot be resolved through negotiation within 30 days, either party may submit the dispute to mediation under the laws of Kenya. If mediation fails, the dispute shall be resolved through binding arbitration in Nairobi, Kenya. The decision of the arbitrator shall be final and binding on both parties, and judgement on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Liability and Indemnification

Limitation of Liability

To the maximum extent permitted by applicable law, Mealcrest shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, revenue, data, or goodwill, arising out of or in connection with your use of the platform, even if Mealcrest has been advised of the possibility of such damages. Mealcrest’s total cumulative liability under this Agreement shall not exceed the total amount of fees paid by you to Mealcrest in the three months preceding the event giving rise to the liability.

Mealcrest shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control, including but not limited to natural disasters, government actions, cyber-attacks, or technical failures.

Indemnification Obligations

You agree to indemnify, defend, and hold harmless Mealcrest, its affiliates, officers, directors, employees, agents, and partners from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

Your breach of any term of this Agreement.
Your use or misuse of the platform.
Any Content you upload or submit to the platform, including but not limited to claims of intellectual property infringement.
Any violation of applicable laws or regulations by you or your employees.

Mealcrest reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Mealcrest in asserting any available defences.

Contact Information

Customer Support

For any questions, issues, or assistance related to your use of the platform, our customer support team is here to help. You can reach us via:

Email: support@mealcrest.org

We strive to respond to all inquiries within 24 hours during business days.

Legal Notices

All legal notices or demands to Mealcrest should be sent in writing to the following address:

Email: legal@mealcrest.org

Notices shall be deemed given when received by Mealcrest at the above email.

Feedback and Inquiries

Mealcrest welcomes feedback and suggestions to improve our services. Please direct any comments, suggestions, or inquiries to:

Email: support@mealcrest.org

By submitting feedback, you grant Mealcrest a non-exclusive, worldwide, royalty-free licence to use, modify, and incorporate your feedback into the platform and related services without any obligation to compensate you.