Terms & Conditions

Refunds

If an item you ordered is unavailable, Kyosk will continue to check for the item until it is back in stock. If, after the checks, the item remains out of stock, the order can be rescheduled to a later date. We do not process refunds because our goods are paid for upon delivery. In instances where your address is not within our delivery coverage locations the order can be cancelled unless you nominated a secondary address (in writing) within our delivery radius.

If Kyosk delivers an incorrect or damaged item (where the damage is attributable to us), we will happily replace the item at no additional cost to you. For Kyosk to replace such items, customers will need to notify the delivery driver of their observation at the point of delivery. Once customers have taken and/or accepted delivery of their order and signed confirming this, they take ownership of the items and Kyosk will be unable to accept any returns.

Payments for out of stock

While we make every effort to display an accurate list of items that are in stock, our inventory levels change from time to time. In the normal course of a business day, the warehouses may occasionally run out of some items. You will not be obliged to pay for any unavailable item. You only pay for goods that have been delivered. Complete your order to secure the inventory.

Order Acceptance and Cancellation

Kyosk reserves the sole right to determine which orders to accept and process as well as the right to cancel any order at its own discretion. However, Kyosk will ensure that the cancellation of any order is communicated.

Orders Including Medicines

Medicines may only be purchased by individuals who are at least eighteen (18) years of age. By purchasing such products on the Kyosk Duka App, you confirm that: (i) you are at least eighteen (18) years of age; and (ii) if requested, you will provide legitimate and legally recognized identification confirming your age to the driver upon delivery of your order (iii) you accept that failure to provide such identification may result in Kyosk and its employees or agents refusing to deliver your order (iv) you accept that Kyosk and its employees or agents reserve the right not to fulfil delivery of your order if there is any doubt that the identification provided by you is illegitimate, fake or falsified in any way.

Delivery Windows

For your convenience, we offer a number of windows in which we expect to deliver your order. At checkout, you may select your preferred window. By selecting a delivery window, you commit to being available for the full duration of the selected delivery window.

While we make every effort to deliver within your selected delivery window, ultimately, the delivery windows are a guide and we are not bound to deliver within the stipulated windows. In the event that there is a delay, where possible, you may be notified in advance. That said, the majority of our customers’ orders are delivered within their chosen delivery window and it is always our goal to achieve this. Beyond the delivery window selected at checkout, we are unable to accept requests for deliveries at specific times.

If you are unavailable at the first delivery attempt, Kyosk will reschedule the order to a delivery window that matches your availability, if you remain unavailable, you may bear the cost of re-delivery of your order. You may also bear the cost of any items (including perishable items) that go bad, get damaged, expire or become no longer fit for purpose as a result of your unavailability for delivery.

Communicating with You During Order Processing

While processing your order, we may need to contact you to discuss the availability of items in your order or price adjustments. We require your response within 15 minutes of us contacting you via phone call, SMS, email, or any other messaging service about any replacements or price changes in your order, otherwise, we may deliver only the actual items ordered without including any suggested replacements. At checkout, we may ask for your preferred mode of communication with you – we may, however, contact you via other means if you are unreachable on your preferred communication channel.

Access to Your Delivery Location

We always endeavor to deliver your order directly to your address, however if access to your location is limited due to a dilapidated road, severe traffic, flooding, road blocks, civil unrest or any other encumbrances, then we will require you to notify us in advance and also to meet the delivery driver at a more accessible location. Failure to notify us of any such issues may result in a delay and/or rescheduling of your delivery or a cancellation of your order.

Access Within Your Building

Our delivery drivers are very happy to carry your order to your doorstep and even into your home, if you want them to. If your building has an elevator, the drivers will bring the order to any floor you’re on. If, however, the building has no elevator, your order will be delivered to the ground floor.

Meeting Our Delivery Driver

In order to enable our delivery drivers' timely deliveries, they are mandated to wait for a maximum of 10 minutes for each customer to receive their orders from them. After contacting a customer and the customer is either unresponsive or fails to show up after 10 minutes, the driver may leave the delivery location. If you are unreachable at the point of delivery, your order may be rescheduled at an additional cost. We will accept no liability for perishable or other items that are damaged due to the wait time or rescheduling of delivery.

Cancellations

When we receive customer orders, they may not be processed immediately and may only be processed on the day of delivery. Once an order has been delivered and paid for, Kyosk may be unable to accept a cancellation of the order if that order is already delivered. This, however, does not affect your rights to a replacement in the event that an incorrect or damaged item is delivered or to a cancellation prior to delivery.

Returns

If Kyosk delivers an incorrect or damaged item (damage that is attributable to or has been caused by us), we will happily replace the item at no additional cost to you. For us to replace such items, customers will need to notify the delivery driver of their observation at the point of delivery. Once customers have accepted and taken delivery of their order, they take ownership of the products in the order and Kyosk will not accept any returns.
For this reason, we ask customers to carefully check and confirm the accuracy of their order with the delivery driver. Kyosk will not accept returns for products that have no material damage to them. Products that are materially intact but whose packaging may have scratches, peels, tearing, dents, discoloration, rust, or any other aesthetic impairment that does not affect the taste, functionality or integrity of the actual product will not be accepted by Kyosk as a return.

Treatment of Our Employees

Kyosk employees and agents always strive to please customers and often go to extra lengths to ensure customers are fully satisfied with the service. We expect that our customers will accord the same courtesy and respect to all our employees and agents they may engage with via email, over the phone or in person. Our employees and agents mean a lot to us and without them, we will not be able to provide the level of service we offer our customers. So, while we will be patient with customers, we will not tolerate any written, verbal or physical abuse to our employees and agents. Any breach of this by a customer or their representative may result in our refusal to fulfill the customer’s order. Kyosk reserves the right to report any incidence of abuse to the appropriate law enforcement authorities.

Privacy

This Privacy Policy details the kind of information we collect from you, how we use it and how we take steps to secure it. The confidentiality and security of the data we collect from you is of priority to us and it is important you read this Privacy Policy carefully in order to fully understand the terms under which you access and use the Duka application.

Information We Collect

In the process of registering for an account on the Duka application, we may collect some personal identifiable information including but not limited to your name, age, gender, phone number, email address, postal address as well as physical location details. Some of this information may be retained on our database for future reference and use by us while others may only be used and visible to us during each transaction.

How We Use Information We Collect

Kyosk collects and uses your personal information to enable us to provide services as advertised. This personal information may serve a variety of uses, including notifying you about the status of your order, investigating and resolving complaints/problems, assessing users’ interest in our products and services, notifying you about promotions and offers, customizing your buying experience, minimizing fraud and other criminal activity, for any other reason we deem relevant or to any legal authority provided for under relevant laws.

At any point in time, you may request to stop receiving any of the information we send you. This request may be granted if it does not impact our ability to effectively fulfil your current as well as future orders.

In order to allow us to continually improve our level of service to you, we collect and analyze data about our users' activity on our Duka application. We may also periodically request you to participate in surveys that will give us an indication of your assessment of our level of service, allow us customize your experience on our Duka application, and inform us of ways in which we can improve our service offering.

Security of Information We Collect

Kyosk makes every attempt to secure your personal information from unauthorized access, use or disclosure. Confidential information we receive from you is handled securely and protected.

Application

Your use of Kyosk Duka App constitutes your acceptance of and agreement to all of the terms and conditions in these Terms and Conditions and the Privacy Policy, and your confirmation that you are either at least eighteen (18) years of age or under the supervision of a parent or legal guardian who is at least eighteen (18) years of age.

Use of Duka App

A breach of these Terms and Conditions shall result in the immediate revocation of the license granted to use the application without notice to you.

Some services and features on the application may require registration or subscription. Should you choose to register or subscribe for such services or features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes.

User Account

You are the sole authorized user of any account you create with Kyosk and are entirely responsible for all activities that occur under such an account.

You are responsible for maintaining the confidentiality of any account name you create as well as any password associated with such an account. You agree to immediately notify us of any suspected or actual unauthorized use of your account and/or password.

By providing your contact information such as phone number and email address, you agree to receive information including but not limited to availability of items in your order, status of your order, promotions, other information that Kyosk may deem fit to send you. At any point, you may request us to discontinue sending you such information.

You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.

If Kyosk believes that there is likely to be a breach of security or misuse of the Duka App we may require you to change your password or we may suspend your account.

Within reason, Kyosk may suspend or cancel your account for a variety of reasons including but not limited to breach of your obligations under these Terms and Conditions.

Kyosk shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with these Terms and Conditions.

User Submissions

The Duka App may allow the submission of various kinds of communication in the form of comments, reviews, photographs and other communication by users of the App.

All such submissions will be considered non-confidential and will be available for Kyosk to use as it deems fit in any medium and in any territory globally.

All users of the Duka App hereby agree not to submit material that: (i) is copyrighted, subject to privacy or publicity rights or otherwise subject to third party proprietary rights unless you are the owner of such rights or have permission from the owner to submit the material; (ii) is unlawful, illegal, obscene, harassing, defamatory, libelous, treasonable, pornographic, hateful, racially, religiously or ethnically offensive or is otherwise inappropriate; (iii) could damage the reputation of Kyosk or any third party; or (iv) impersonates another person. Kyosk reserves the right to remove any submission at its discretion and not least if the submission breaches any of the above listed terms.

Kyosk does not endorse submissions made on its application and disclaims any liability in connection with any submission. You accept that by accessing the Duka App, you may be exposed to submissions that may be offensive, inaccurate or distasteful, and you hereby waive any legal rights or claims you may have against Kyosk in relation to this.

App Content and Pricing

While care is taken to ensure the content published by Kyosk on its Duka App, including but not limited to product images, product names, product descriptions, product functionalities, product uses, product ingredients and prices, is accurate and complete, errors may occur and you hereby agree that Kyosk will not be liable in any way for such content.

Though content may be the same, depending on the item version, images on the site may differ slightly from the actual item. Also, prices of items that need to be weighed may be guide prices or approximated to enable you make a buying decision. However, you will only be billed for the actual weight purchased. The actual price of weighed items will be stated on your receipt.

In line with this, Kyosk reserves the right to refuse or cancel any order if the order contains item(s) that are mispriced or contain incorrect, inaccurate or incomplete content.

Use of Material

Unless otherwise stated, all rights to all materials, content, layout, images, text and design of this Application are proprietary to Kyosk. Users of this Application may download material displayed on the app for non-commercial, lawful, personal use only, provided all copyright and other proprietary notices contained on the material so downloaded are retained and such information is not modified, copied or posted on any networked computer or broadcast in any media. All other copying, reproduction, posting on any other app, republication, downloading, uploading, encoding, modification, translation, public performance or display, distribution or transmission of any portion of this app, or the making of any derivative works from this app, is prohibited without the express permission of Kyosk.

Trademarks and Copyrights

This Duka App is owned, controlled and operated by Kyosk. All material on this application, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us or provided us permission to use such material.

The material on the Duka App may be used by you for personal, non-commercial purposes. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of Kyosk, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.

Territorial Use

Kyosk offers no guarantee that items on the Duka App are appropriate or available for use in locations outside our areas of operation, and accessing the application from territories where its contents are illegal or unlawful is prohibited and done at the user’s risk. Ultimately, the user is responsible for ensuring that accessing or using the Duka App is done in accordance with applicable local laws.

Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Kenya and any disputes will be decided by Kenyan courts.

Limitation of Liability

You agree that Kyosk shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from or in connection to use of Kyosk’s services or application. In no event shall Kyosk’s total liability to you exceed the amount paid by you to Kyosk.

Indemnity

You hereby indemnify and hold harmless Kyosk, its owners, licensees, affiliates, subsidiaries and their respective officers, directors, agents, and employees, against any losses, claims, actions, costs, damages, penalties, fines and expenses including attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms and Conditions, Privacy Policy and other Policies, or your violation of any law, rules or regulations or the rights of a third party.

Termination

At Kyosk’s discretion and without prior notice to you, Kyosk may suspend or terminate your access to Duka App.

Upon any termination of your access to the Duka App, you shall immediately cease all access to and use of the Duka App and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of the application in whole or in part.

If you are dissatisfied with the application or with any terms, conditions, rules, policies, guidelines, or practices of Kyosk in operating the application, your sole and exclusive remedy is to discontinue using the application.

Our Internal Analytics Tool

In order to better understand how our services are used, we monitor certain user activities that take place within our products, including page views and clicks on any links.

We use this information to improve our products, make our marketing more relevant, personalize your experience, and for the other purposes described in our terms and conditions.