Term And Condition


This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of Website and Application.

1. TERMS OF USE

a. These terms of use (the 'Terms of Use') govern your use of our website kyandi.sn@gmail.com (the 'Website') and our application for mobile and handheld devices (the 'App'). The Website and the App are jointly referred to as the 'Platform'. Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Platform, and we request you to uninstall the App. By installing, downloading or even merely using the Platform, you shall be contracting with us and you signify your acceptance to the Terms of Use and other policies (including but not limited to the Cancellation & Refund Policy, Privacy Policy and Take Down Policy) as posted on the Platform from time to time, which takes effect on the date on which you download, install or use the Services, and create a legally binding arrangement to abide by the same.

b. KYANDI enables transactions between registered restaurants/brands and buyers, dealing in food and beverages ('Platform Services'). The customers can choose and place orders ('Orders') from a variety of products listed and offered for sale on the Platform. KYANDI facilitates and ensures delivery of such Orders at localities of cities . The Platform Services and Delivery Services are collectively referred to as 'Services'.

2. AMENDMENTS

These Terms of Use are subject to amendments at any time. We reserve the right to modify these Terms of Use and other policies at any time by posting changes on the Platform, and you shall be liable to update yourself of such changes, if any, by accessing the changes on the Platform. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other policies and note the changes made on the Platform. Your continued use of the services after any change is posted shall imply your acceptance of the amended Terms of Use and other policies as may be applicable. KYANDI grants you a non exclusive, non transferable, limited right to access and use the Platform, subject to adherence to these Terms of Use.

3. TYPES OF DATA COLLECTED

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:


0.1. Email address

0.2. First name and last name

0.3. Phone number

0.4. Address, Country, State, Province, ZIP/Postal code, City

0.5. Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link.


USAGE OF DATA

We may also collect information that your browser sends whenever you visit our Service or when you access Service by or through any device (“Usage Data”).

This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When you access Service with a device, this Usage Data may include information such as the type of device you use, your device unique ID, the IP address of your device, your device operating system, the type of Internet browser you use, unique device identifiers and other diagnostic data.


LOCATION DATA

We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of our Service, to improve and customize our Service.

You can enable or disable location services when you use our Service at any time by way of your device settings.

TRACKING COOKIES DATA

We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:


0.1. Session Cookies: We use Session Cookies to operate our Service.

0.2. Preference Cookies: We use Preference Cookies to remember your preferences and various settings.

0.3. Security Cookies: We use Security Cookies for security purposes.

0.4. Advertising Cookies: Advertising Cookies are used to serve you with advertisements that may be relevant to you and your interests.


Other Data

While using our Service, we may also collect the following information: sex, age, date of birth, place of birth, passport details, citizenship, registration at place of residence and actual address, telephone number (work, mobile), details of documents on education, qualification, professional training, employment agreements, non-disclosure agreements, information on bonuses and compensation, information on marital status, family members, social security (or other taxpayer identification) number, office location and other data.

4. USE OF DATA

KYANDI uses the collected data for various purposes:

0.2. to notify you about changes to our Service;

0.3. to allow you to participate in interactive features of our Service when you choose to do so;

0.4. to provide customer support;

0.5. to gather analysis or valuable information so that we can improve our Service;

0.6. to monitor the usage of our Service;

0.7. to detect, prevent and address technical issues;

0.8. to fulfil any other purpose for which you provide it;

0.9. to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;

0.10. to provide you with notices about your account and/or subscription, including expiration and renewal notices, email-instructions, etc.;

0.11. to provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information;

0.12. in any other way we may describe when you provide the information;

0.13. for any other purpose with your consent.


5. RETENTION OF DATA

We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

6 .TRANSFER OF DATA

Your information, including Personal Data, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

If you are located outside India and choose to provide information to us, please note that we transfer the data, including Personal Data, to India and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

KYANDI will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information.

Qmanja Solutions will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information.


Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.


If you are located outside India and choose to provide information to us, please note that we transfer the data, including Personal Data, to India and process it there.

7. DISCLOURSE OF DATA

We may disclose personal information that we collect, or you provide:

0.1. Disclosure for Law Enforcement.

Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities.

2. Business Transaction.

If we or our subsidiaries are involved in a merger, acquisition or asset sale, your Personal Data may be transferred.

0.3. Other cases. We may disclose your information also:

0.3.1. to our subsidiaries and affiliates;

0.3.2. to contractors, service providers, and other third parties we use to support our business;

0.3.3. to fulfill the purpose for which you provide it;

0.3.4. for the purpose of including your company’s logo on our website;

0.3.5. for any other purpose disclosed by us when you provide the information;

0.3.6. with your consent in any other cases;

0.3.7. if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.

8. SECURITY OF DATA

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

9. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

a. This Agreement shall be governed by the laws of India without reference to conflict of law principles.


b. Subject to this clause, the courts of our Location shall have exclusive jurisdiction to determine any dispute arising out of or in relation to these Terms of Use.

10. CHILDREN POLICY

Our Services are not intended for use by children under the age of 18 (“Child” or “Children”).

We do not knowingly collect personally identifiable information from Children under 18. If you become aware that a Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from Children without verification of parental consent, we take steps to remove that information from our servers.


11. COMPLAINTS

You can contact us at the phone number provided while placing the specific order or email us with complete details encountered by you. We will try to fix the issue amicably

12. METHODS OF PAYMENT

we accept payment online using Visa,Rupay and Mastercard/Debit card.

13. MENU

The menu is displayed as per the availability of the menu items in the selected outlet. In case certain items from the menu are not listed, the particular outlet does not carry those items on their menu. In case of non-availability of ordered menu items at the selected outlet, the order will not be executed and will be duly informed to the customer.

14.DELIVERY ORDERS

Delivery orders are accepted if the following criteria are met:

The customer's delivery location falls within the permitted delivery zone of the designated KYANDI outlet.

The delivery address being mapped to the nearest outlet that delivers in the customer's delivery location.

Online availability of the outlet to accept and process the order.

In the event, the customer's delivery location is not listed within the permitted delivery zone of the outlet, the order cannot be placed. However, you may choose to pick up your order from the nearest MWK outlet.

The customer may only use the coupon codes mentioned in any of KYANDI print material, promotional emails & SMS messages for placing an order via the MWK app or website.

The complete and accurate coupon code must be entered in the coupon section on the payment page before completing the transaction, in order to avail the discount.

The coupon code may not work if the conditions defined in the coupon T&C are not met in the order.

KYANDI holds the right to accept or reject any coupon without giving any reason whatsoever.All coupons carry a validity period, mentioned in the coupon T&C and will not be accepted after the expiry of the validity period.

The customer must handover the coupon which is entered in the coupon section while placing the order to the delivery person, failing which the order may be cancelled.

Terms & Conditions for all coupons including printed, mobile and email coupons. A coupon/promotion cannot be clubbed with any other offer or scheme.

Only one coupon is valid per order.

Coupons are not applicable on classic category of products and Desserts.

Coupons are only valid on the KYANDI mobile app & website.The customer must announce the coupon and coupon code while placing the order.The customer must cut and hand over the coupon to the delivery person when they receive the order.

All prices are exclusive of taxes.Offer valid only in participating outlets.

Modify/Cancel the online order Orders once placed cannot be modified or cancelled either online or by the call centre. If the customer wishes to check on the progress of the order, they may do so by calling the outlet directly.

In the event an order which is paid via credit card is cancelled due to non-availability of the ordered product, the amount will be reversed back to the customer. The transaction will reflect in the next month statement.

KYANDI terms an order with 6 or more Mega meals as a bulk order.

The customer must cut and hand over the coupon to the delivery person when they receive the order.

Food from KYANDI is for immediate consumption only (within 30 minutes from time of delivery).

15. REFUNDS AND CANCELLATIONS

Returns

As such all orders and services purchases through KYANDI cannot be returned except for outlet flaws.


Cancellation of Order

a.KYANDI reserves the exclusive right to refuse or cancel any transaction/order for outlets and services that are listed at an incorrect price or are not available. This is enforceable irrespective of order confirmation or payment confirmation. In such events if the payment has been processed by KYANDI the amount will be refunded via the same mode of original payment and user will be notified of the same with a reasonable mode of communication. After placing an order KYANDI will not entertain any user request for order cancellations.

b.SORRY… we generally DO NOT entertain any Order Cancellations – because once the order is placed on the Outlet – the Outlet(s) generally DO NOT entertain cancellation of orders. However, in case you request us for an Order Cancellation prior to the order being placed on the Outlet – then the cancellation of the order is up to the discretion of KYANDI. In case of Delivery of Order being LATE or BAD or INCORRECT…KYANDI adheres to a very high standard of Quality of Services – and is very STRICT in terms of achieving a very high level of Customer Satisfaction. Hence, in case of an Order being LATE or BAD or INCORRECT – wing to a process related issue of KYANDI– we generally DO NOT charge the customer for the order… but, this is totally up to the discretion of KYANDI


Delivery

The title and the risk of the orders shall pass onto you upon KYANDI (via our delivery personal) delivering the orders to you and you accepting the orders. Every care shall be taken to deliver the orders to the intended recipient. But KYANDI shall not be held responsible for any wrong delivery of the order based on the address given by the User or if any person imposes to be the actual recipient and takes delivery of orders. KYANDI will only process the order after the payment has been processed in case of ‘Online Payment’ or KYANDI Prepaid Account’. KYANDI will try to deliver the order (via our delivery personal) as per the order submitted by the user, but it fully reserves a right to deliver a similar or alternate order for reasons beyond its control and any such action shall not be deemed as bad-delivery. The user does not have the right to refuse the order at the time of receipt of the ordered items and shall duly make the payment in case of ‘Cash on Delivery’ or ‘Card on Delivery’ payments options.


16. CONTACT DETAILS

For any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform, please contact us on the details below:Grievance officer.

In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Phone: +917303564700

Email: kyandi.sn@gmail.com

Time: 10:00 am to 6:00 pm, Monday to Friday