About Patika

These Terms of Use govern your use of the Patika Platforms and, unless otherwise stated, to your use of any other website or mobile application owned or operated by Patika or operated on behalf of Patika (collectively the "Platforms"). Please read these Terms of Use carefully before using the Platforms.

1. Agreement to Terms

1.1 By using the Platforms, you agree to these Terms of Use and the Patika Online Privacy Policy (for visitors who are 13 years of age or over) which are incorporated herein by reference.

1.2 Each time you use the Platforms, you reaffirm your acceptance of the then-current Terms of Use. If you do not wish to be bound by these Terms of Use, your only remedy is to discontinue using the Platforms.

1.3 Patika may change these Terms of Use at any time and in its sole discretion. The modified Terms of Use will be effective immediately upon posting and you agree to the new posted Terms of Use by continuing your use of the Platforms. You are responsible for staying informed of any changes.

1.4 If you do not agree with the modified Terms of Use, your only remedy is to discontinue using the Platforms.

2. Accounts

2.1 You may be required to create an account and specify a password to use certain features on the Platforms.

2.2 You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the registration processes.

2.3 You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password, or other account information.

2.4 You are entirely responsible for maintaining the confidentiality of your password and your account. And you are entirely responsible for all activity made by you or anyone that uses your account.

2.5 You agree to safeguard your password from access by others.

2.6 If you believe that your account has been compromised, you must immediately contact us by mail at: [email protected]

2.7 You agree to indemnify and hold harmless Patika for losses incurred by Patika or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.

3. Cancellation

3.1 You have the right to cancel your order up to three minutes after your order is placed on the Patika platform. After this point, the restaurant would have started to prepare the food and therefore no refunds would be possible.

3.2 For the avoidance of doubt, timing will be assessed from the point you place your order to the point you send a message to our live-chat service for cancellation.

3.3 In the event of a cash-on-delivery order, your order will be delivered as instructed and cash must be collected by the delivery party.

4. Content Posted by Other Users

4.1 Patika is not responsible for, and does not endorse, content in any posting made by other users on the Platforms.

4.2 Under no circumstances shall Patika be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with any Content posted by a third party on the Platforms.

4.3 If you become aware of misuse of the Platforms by any person, please contact Patika by mail at: [email protected].

4.4 If you feel threatened or believe someone else is in danger, you should contact the local law enforcement agency immediately.

5. Activities Prohibited on the Platforms

5.1 The following is a partial list of the kinds of conduct that are illegal or prohibited on the Platforms. Patika reserves the right to investigate and take appropriate legal action against anyone who, in Patika's sole discretion, engages in any of the prohibited activities. Prohibited activities include — but are not limited to — the following:

  1. Using the Platforms for any purpose in violation of local, state, or federal laws or regulations;
  2. Posting Content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
  3. Posting Content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Patika in its sole discretion or pursuant to local community standards;
  4. Posting Content that constitutes cyber-bullying, as determined by Patika in its sole discretion;
  5. Posting Content that depicts any dangerous, life-threatening, or otherwise risky behavior;
  6. Posting telephone numbers, street addresses, or last names of any person;
  7. Posting URLs to external Platforms or any form of HTML or programming code;
  8. Posting anything that may be "spam," as determined by Patika in its sole discretion;
  9. Impersonating another person when posting Content;
  10. Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
  11. Allowing any other person or entity to use your identification for posting or viewing comments;
  12. Harassing, threatening, stalking, or abusing any person;
  13. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Platforms, or which, in the sole discretion of Patika, exposes Patika or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or
  14. Encouraging other people to engage in any prohibited activities as described herein

5.2 Patika reserves the right -- but is not obligated -- to do any or all of the following:

  1. Investigate an allegation that any Content posted on the Platforms does not conform to these Terms of Use and determine in its sole discretion to remove or request the removal of the Content;
  2. Remove Content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms of Use;
  3. Terminate a user’s access to the Platforms upon any breach of these Terms of Use;
  4. Monitor, edit, or disclose any Content on the Platforms; and
  5. Edit or delete any Content posted on the Platforms, regardless of whether such Content violates these standards.

6. Patika Trademarks and Copyrights

6.1 All trademarks, logos, and service marks displayed on the Platforms are registered and unregistered Trademarks of Patika and/or third parties who have authorized their use (collectively the "Trademarks").

6.2 You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way.

6.3 The use of Patika's trademarks on any other website is strictly prohibited.

6.4 All of the materials contained on the Platforms are copyrighted except where explicitly noted otherwise.

6.5 Patika will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

6.6 Patika neither warrants nor represents that your use of materials displayed on the Platforms will not infringe rights of third parties not owned by or affiliated with Patika.

6.7 Use of any materials on the Platforms is at your own risk.

7. Hyperlinks

7.1 These Platforms may contain hyperlinks to third-party Platforms. Patika does not control or endorse these third-party Platforms or any goods or services sold on those Platforms.

7.2 Some of these Platforms may contain materials that are objectionable, unlawful, or inaccurate.

7.3 You acknowledge and agree that Patika is not responsible or liable for any content or other materials on these third party Platform.

8. Governing Law and Severability

8.1 These Terms of Use shall be governed by and construed in accordance with the laws of Kenya, without regard to its conflict of laws rules.

8.2 You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms of Use and or your use of the Platforms resides in the courts of Kenya, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.

8.3 If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

8.4 No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.

9. Payment

9.1 Payments are processed by Meal Time Company Limited incorporated and existing under the laws of the Kenya. Cross-border surcharges may be applicable.

10. Warranties

10.1 The Platforms and the Content are provided on an "as is" basis. To the fullest extent permitted by law, Patika, its parent, subsidiaries, and affiliates (the Patika entities), and each of their agents, representatives and service providers, disclaim all warranties, either expressed or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for particular purpose.

10.2 Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

10.3 The Patika Entities, their agents, representatives and service providers cannot and do not guarantee or warrant that:

  1. the Platforms will be reliable, accurate, complete, or updated on a timely basis;
  2. the Platforms will be free of human and machine errors, omissions, delays, interruptions or losses, including loss of data;
  3. any files available for downloading from the Platforms will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties;
  4. any Content you post on the Platforms will remain on the Platforms; or
  5. the functions or services performed on the Platforms will be uninterrupted or error-free or that defects in the Platforms will be corrected.

11. Limitation of Liability

11.1 The Patika entities, their agents, representatives, and service providers, entire liability and your exclusive remedy with respect to your use of the Platforms is to discontinue your use of the Platforms.

11.2 The Patika entities, their agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Platforms or for any other claim related in any way to your use of the Platforms.

11.3 These exclusions for indirect, special, consequential, and exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if the Patika entities, their agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based.

11.4 Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the Patika entities, their agents, representatives and service providers' liability shall be limited to the extent permitted by law.

12. Indemnification

12.1 You agree to indemnify, defend, and hold the Patika entities, and each of their agents, representatives, and service providers harmless from and against any and all claims, including but not limited to third party claims, damages, costs, and liabilities, including reasonable attorneys’ fees arising out of, or in connection with, your violation of these Terms of Use.

13 Termination

13.1 Patika has the right to terminate your account and access to the Platforms for any reason, including, without limitation, if Patika, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms of Use. Patika may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Platforms.