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 placing orders to 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.
Meal - Any food or beverage item offered by an establishment through the Mealcrest platform.
Channel - An optional public-facing profile created by a user on the Mealcrest platform. The channel is used to showcase the user’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 a user on the Mealcrest platform. This includes, but is not limited to, comments on establishments, order reviews, posts on the user’s channel, recipes, vlogs, cravelists, event announcements, and public profile information of the user’s 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.
Data Privacy and Security: You must not misuse or mishandle any establishment personal information (PII), such as phone number. This includes ensuring that such information is used solely for the purposes of fulfilling orders and in compliance with applicable privacy laws.
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 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.

Platform Operations

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.

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 user and the establishment.

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

Users can delete the cart only if no meals have been fulfilled. Once a meal is fulfilled, either the establishment or the user 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 user can include an optional tip payable to the assigned establishment staff. The user is charged a non-refundable 3% transaction fee.

Payment Confirmation

If the platform payment processing is delayed due to reasons such as payment processor issues and the user wishes to leave, the user should pay the establishment directly, as the outcome of the in-app payment may still be pending and could either succeed or fail.

In the event of multiple charges—such as a successful direct payment to the establishment combined with a successful in-app payment, or multiple successful in-app payments—the user must contact Mealcrest support within 3 days to resolve the issue. After this period, the matter will be considered final and the matter closed.

Private Cart

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

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.

Fulfilment Scheduling

The user 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.

Checkout Process

Payment is processed through the platform, the system notifies the establishment of its success or failure. The user can include an optional tip payable to the establishment. The user is charged a non-refundable 3% transaction fee.

Payment Confirmation

If the platform fails to process payment within ten minutes of checkout, the system will automatically cancel the order. In the event of multiple successful in-app payments, the user must contact Mealcrest support within 3 days to resolve the issue. After this period, the transaction will be considered final and the matter closed.

Order Management

Order Acknowledgment and Acceptance

Establishments can choose to accept or cancel a user’s order prior to confirmation. Once an order is accepted, the establishment is obligated to fulfil it and cannot cancel the order thereafter. A user can cancel the order as long as the establishment has not fulfilled it.

Order Fulfilment

Establishments are responsible for keeping users 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:

User failure to pick up the order on time.
Incorrect or invalid delivery address provided by the user.
User 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,’ users 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 user must gather and present relevant evidence to support their claims. This could include communication logs, timestamps, or any other pertinent information.

Refunds and Chargebacks

Refund Policy

Refunds are only applicable to the amounts directly paid by the user, which include the order price, delivery fees, and tips. Any refunds will be issued to the original payment method used for the order transaction.

Once a refund is processed, the credited amount may take some time to appear in the user’s account, depending on the payment processor and financial institution involved. Users are encouraged to monitor their accounts and may request Mealcrest to retry the refund if it fails due to technical issues such as payment processor downtime. However, refunds cannot be redirected to a different payment account under any circumstances.

If an establishment cancels an order, a full refund (100%) of the paid amount will be issued to the user. If the user cancels an order before it has been accepted by the establishment, a full refund (100%) will be issued. If the user cancels an order after it has been accepted by the establishment, no refund will be issued.

In cases where the order status is marked as 'resolved', refunds are not guaranteed. The refund amount, if any, may be partial and will depend on the specific circumstances of the dispute. Mealcrest acts as a neutral mediator between the establishment and the user in such disputes. The final refund amount (if any) will be determined based on the evidence provided by both parties.

Chargeback Policy

Users are advised to contact Mealcrest for any refund-related concerns before initiating a chargeback with their bank or payment provider. Unresolved chargebacks may result in account suspension or additional fees, as chargebacks disrupt the mediation process between users and establishments.

Legal Provisions

General Provisions

These Terms of Service ("Agreement”) form a binding agreement between Mealcrest ("we," "us," or "our") and individuals involved in placing orders to 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.