Last modified: 10 July 2024
1.1. Please read these Terms of Service carefully. By using the Service (as defined), you agree that you have read and understood the terms in these Terms of Service which are applicable to you. These Terms of Service and the Kiefer’s Policies (as defined below) constitute a legally binding agreement (“Agreement”) between you and Kiefer’s (as defined below). The Agreement applies to your use of the Service provided by Kiefer’s Delivery Services. If you do not agree to the Terms of Service, please do not use or continue using the Platform (as defined) or the Service.
1.2. Kiefer’s may amend the terms in the Agreement at any time without prior notice. Such amendments shall be effective once they are posted at the Application. It is your responsibility to review the Terms of Service regularly. Your continued use of the Service after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.
1.3 Kiefer’s Delivery Services is a DELIVERY COMPANY which provides a platform for consumers to view, obtain or procure goods and services. The goods and services may be supplied by Kiefer’s or a Partner. Where the goods or services are provided by a partner, Kiefer’s role is merely to link the consumer with such partners or to enable the consumer to view information of the partner’s goods/services. Kiefer’s Delivery Services is not responsible for the acts and/or omissions of any partner or information relating to the same. Partners shall bear all liability in relation to such services. Partners are not and shall not hold themselves to be an employee or staff of Kiefer’s Delivery Services.
In these Terms of Service, the following words shall have the meanings ascribed below:
2.1. “Application” means the relevant mobile application(s) made available for download by Kiefer’s Delivery Services (or its licensors) to Consumers and Partners respectively;
2.2. “Consumer” or “User” means any end-user who accesses or uses the Platform to search and obtain the Solutions;
2.3 “Consumer Charges” or “User Charges” means charges incurred by Consumers for the Solutions obtained through the use of the Service, including any taxes and any other fees or charges that may be due for a particular use of the Service or Solutions;
2.4 “Partner” means the independent third parties (who are not part of Kiefer’s) who provide the relevant Solutions to Consumers through the Service, including (a) delivery-partners, (b) merchant-partners, and (c) any other relevant goods and services providers;
2.5 “Personal Data” is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, mobile number, email address, and your image.
2.6 “Platform” means the Application, which Kiefer’s Delivery Services owns, operates or otherwise makes available to Consumers and/or Partners for the purposes of or in connection with the Service and/or Solutions;
2.7 “Platform Content” means any content as made available on the Platform or any part thereof;
2.8 “Service” means the linking of Consumers to Partners, or Other Consumers to facilitate the Solutions;
2.9 “Software” means any software associated with the Application, Service and/or other Consumers which is made available by Kiefer’s Delivery Services;
2.10 “Solutions” means the foods and beverage, groceries, medicine and/or other products and services which are made available to Consumers through the following offerings:
2.10.1 Pa-food Delivery
2.10.2 Pa pick-up and drop-off
2.10.3 Pa-grocery
2.10.4 Pa-palengke
2.10.5 Any such other offerings which Kiefer’s Delivery Services may make available from time to time.
2.10 “Third Party Provider” means the independent third parties who provide the Solutions to Users through the Service, including but not limited to Delivery Partners, and Partner Merchants.
2.11 “you” refers to Partner and/or Consumer as may be applicable.
3.1 Kiefer's Delivery Services provides a platform that connects Users with independent vendors (“Merchant Partners”) and independent delivery service providers ("Delivery Partners") for the delivery of the solutions provided herein.
3.2 The availability of our services may vary based on your location, the availability of Delivery Partners, and other factors. We do not always guarantee the availability of our services.
4.1 To use our services, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. Creating an account is includes but is not limited to:
4.1.1 Signing up manually
4.1.2 Gmail Account
4.1.3 Mobile Number
4.2 You agree to notify us immediately of any unauthorized use of your account. Kiefer's Delivery Services will not be liable for any loss or damage arising from your failure to maintain the security of your account.
5.1 When you place an order through our platform, you agree to provide accurate information about the items to be delivered and the delivery location.
5.2 Kiefer's Partner Merchant reserves the right to accept or reject any order at its sole discretion. If your order is accepted, you will receive a confirmation through the platform.
5.3 You agree to pay for all orders placed through our platform. Payment must be made at the time of order placement using the available payment methods. All payments are non-refundable except as provided in this Agreement.
6.1 Deliveries are performed by independent Delivery Partners. Kiefer's does not guarantee the performance or conduct of any Delivery Partner.
6.2 While we strive to ensure timely delivery, we do not guarantee delivery times. Delays may occur due to traffic, weather, or other unforeseen circumstances.
6.3 You are responsible for ensuring the accuracy of your order and delivery details. Kiefer's will not be liable for any incorrect deliveries resulting from inaccurate information provided by you.
7.1 Kiefer's may charge service fees for the use of our platform. These fees will be disclosed to you at the time of order placement.
7.2 Additional charges may apply for specific delivery requests, such as long-distance deliveries or special handling requirements. These charges will be disclosed to you before you confirm your order.
7.3 Cash on delivery is only available for order below Two Thousand Pesos (P2,000), beyond that you are required to transact with other payment options.
8.1 You remain liable to pay the order value in full where includes but not limited to the following:
8.1.1 Where cancellation is made after the Merchant Partner has confirmed the order.
8.1.2 Where the Delivery Partner is already out to deliver the order.
8.1.3 In the event you are not at the designated delivery location and/or do not reach the location within ten (10) minutes of the Delivery Partner’s arrival.
8.2 Kiefer’s may at its sole discretion determine whether you are entitled to refund of all or any part of the amounts paid.
9.1 To the fullest extent permitted by law, Kiefer's Delivery Services shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
9.1.1 Your use of or inability to use the platform or services;
9.1.2 Any conduct or content of any third party on the platform;
9.1.3 Any unauthorized access, use, or alteration of your transmissions or content.
9.2 Notwithstanding the above, if Kiefer's Delivery Services is found to be liable, our total liability to you or any third party is limited to the actual value of the goods represented only as fifty (50) percent of the goods.
9.3 Kiefer's will not be liable for any indirect, incidental, or consequential damages arising out of or in connection with the use of our services.
10.1 Kiefer’s Delivery Services reserves the right to suspend your access to the Service or any part thereof, at its sole discretion, without prior notice, in the following circumstances:
10.1.1 If you breach any terms of this Agreement or any Kiefer’s Policy.
10.1.2 If Kiefer’s reasonably suspects that you have committed any fraudulent or illegal activities.
10.1.3 For any reason related to the operation and functionality of the service such as repeated orders cancelation for not less than two.
10.2 During the period of suspension, you may not be able to access your account or use the Service. Kiefer’s Delivery Services will not be liable for any losses or damages that you may incur as a result of such suspension.
10.3 Kiefer’s Delivery Services may terminate this Agreement and your access to the Service, in its sole discretion, without prior notice, if:
10.3.1 You breach any terms of this Agreement or any Kiefer’s Policies.
10.3.2 Kiefer’s reasonably suspects that you have committed any fraudulent or illegal activities.
10.3.3 You are engaged in activities that may cause harm or damage to Kiefer’s, its users, or third parties.
10.3.4 Required to do so by law or regulatory authorities.
10.3.5 Continues orders cancelation not less than five.
10.3.6 For any other reason deemed appropriate by Kiefer’s.
This Agreement shall be governed by and construed in accordance with the laws of Philippines without regard to its conflict of law principles. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in Puerto Princesa City, Palawan.
This Agreement constitutes the entire agreement between Kiefer's Delivery Services and the Users with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral, relating to such subject matter.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.