Please carefully read the terms and conditions (“Terms and Conditions”) below before placing any order from http://www.kilimanjaro-restaurants.com. By placing an order for any of the food items from this Website, whereas it is by phone, through our mobile applications or by any other available channel, you agree to be bound by these Terms and Conditions.

Section 1:

We are Kilimanjaro restaurant, a brand of Sundry foods limited, operating with the URLhttp://www.kilimanjaro-restaurants.com, unless otherwise stated.

Section 2: Definitions

2.1. “Agreement” references these Terms and Conditions (T&Cs), the Privacy Policy, any payment instructions provided to you and any other form we might provide to you;

2.2. By “Privacy Policy” we mean the policy accessible on our Website which details how we collect and store your personal data;

2.3. “you”, “your” and “yours” are references to you, the person accessing this Website, and placing the orders for the food items we display on it. Access through any other channel provided by Kilimanjaro restaurants will also bound you to these Terms and Conditions;

2.4. “we”, “us”, “our”, and “Kilimanjaro restaurants” are references to the Company;

2.5. “Website” is a reference to our Website http://www.kilimanjaro-restaurants.com.

Private Policy

For the purposes of this Privacy Policy:

 ●    "Account" means a unique account created for You to access our Service or parts of our Service.

 ●    "Company" (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Kilimanjaro Restaurants

 ●    "Country" refers to Nigeria

 ●    "Cookies" are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.

 ●    "Device" means any device that can access the Service such as a computer, a cell phone or a digital tablet.

 ●    "Personal Data" is any information that relates to an identified or identifiable individual.

 ●    "Service" refers to the Website.

 ●    "Service Provider" means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.

●    "Usage Data" refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

 ●    "Website" refers to Kilimanjaro Restaurants, accessible from www.kilimanjaro-restaurants.com

 ●    "You" means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Collecting and Using Your Personal Data

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. Personally identifiable information may include, but is not limited to:

●    Email address

●    First name and last name

●    Phone number

●    Address, State, Province, ZIP/Postal code, City

●    Usage Data

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device'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 the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

 We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Tracking Technologies and Cookies

 We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:

 ●    Cookies or Browser Cookies. A cookie is a small file placed on Your Device. 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 parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.

●    Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

 Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser.

 We use both Session and Persistent Cookies for the purposes set out below:

 ●    Necessary / Essential Cookies

Type: Session Cookies

Administered by: Us

Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

 ●    Cookies Policy / Notice Acceptance Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

 ●    Functionality Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

 ●    Tracking and Performance Cookies

Type: Persistent Cookies

Administered by: Third-Parties

Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new pages, features, or new functionality of the Website to see how our users react to them.

 For more information about the cookies, we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

 ●    To provide and maintain our Service, including to monitor the usage of our Service.

●    To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.

●    For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.

●    To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products, or contracted services, including the security updates, when necessary or reasonable for their implementation.

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

●    To manage Your requests: To attend and manage Your requests to Us.

●    For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.

●    For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing, and your experience.

 We may share Your personal information in the following situations:

 ●    With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, for payment processing, to contact You.

●    For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.

●    With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.

●    With business partners: We may share Your information with Our business partners to offer You certain products, services, or promotions.

●    With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.

●    With Your consent: We may disclose Your personal information for any other purpose with Your consent.

Retention of Your Personal Data

 The Company 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.

 The Company 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.

Transfer of Your Personal Data

 Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information 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 than those from Your jurisdiction.

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

 The Company will take all 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 organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Section 3: Ordering

3.1. By placing an order through our Website, you enter into an agreement with Kilimanjaro restaurant with respect to the processing of that order. If you are paying online, pay with capture is also responsible for no refunds. However, the Restaurant remains responsible for the preparation, quality and delivery of your order. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.

3.2. In case you chose to pay with a debit or credit card you warrant that you are the legal holder of the card and the funds backing it. You should also warrant that you have sufficient funds to make the payment.

3.3. Any Food which you might buy from this Website are intended for your use only. Resale of Food or acting as an agent for a third party is forbidden under this agreement. Only when acting as a principal you should contract the Services.

3.4. When ordering from this Website you may be required to provide an e-mail address and password. You must ensure that you keep the combination of these details secure and do not provide this information to a third party.

3.5. Any order that you place in our website is subject to availability, delivery capacity and acceptance by us. Once you place an order online, we will send you an email to confirm that we have received it. This email confirmation will be produced automatically and will just give you confirmation of your order details so that you can check that all details are correct. The fact that you receive an automatic confirmation does not necessarily mean that we will be able to fulfill your order. Once we have sent the confirmation email, we will check availability and delivery capacity.

3.6. The confirmation message will specify delivery details including the approximate delivery time specified by the restaurant and confirm the price of the Food ordered.

3.7. If the Food ordered is/are not available or if there is no delivery capacity, we will also let you know by phone call.

Section 4: Prices and Payment

4.1. Any contract for the supply of Food from this Website is between you and the restaurant. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.

4.2. All prices listed on the Website are correct at the time of publication; however, we reserve the right to alter these in the future. Prices are inclusive of the relevant sales tax and delivery charges are billed to the total price upon completion of order and check-out. We also reserve the right to alter the food items available for promos on the Website.

4.3. All prices for delivery by Kilimanjaro restaurants listed on the Website are correct at the time of publication, however, we reserve the right to alter these in the future.

4.4. The total price for Food Delivery ordered, including delivery charges and other charges, will be displayed on the Website when you place your order. Full payment must be made for all Food dispatched. Payment can be made in cash on delivery or, if available on the website, by online payment, e.g. credit or debit card.

4.5. If you choose online payment, you must pay for your order before it is delivered. To ensure that shopping online is secure, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also conduct security checks to confirm it is you placing the order.

Section 5: Delivery

5.1. Delivery periods at the time of ordering should be taken into account as approximate only and thus they might vary. Food will be sent to the delivery address you stated when placing the order.

5.2. As delivery for food ordered on our website will be made by Kilimanjaro restaurants, we will make our best effort to deliver in a timely manner. If your order is not delivered within the estimated delivery time quoted by us, please contact us. You may also contact us by telephone or email and we will try to ensure that you receive your order as quickly as possible. Still, we take responsibility for late delivery.

5.3. In case of a late delivery, the delivery charge will neither be voided nor refunded by Kilimanjaro restaurants.

5.4. All risk(s) in the delivery process shall be passed to you upon delivery.

5.5. If you fail to accept delivery of your order at the time it are ready for delivery, or we are unable to deliver at the nominated time due to your failure to provide appropriate instructions, or authorizations, then such meal(s) shall be deemed to have been delivered to you and all risk and responsibility in relation to such meal(s) shall pass to you. Any storage, insurance and other costs which we incur as a result of the inability to deliver shall be your responsibility and you shall indemnify us in full for such cost(s).

5.6. You must ensure that at the time of delivery of your food order, adequate arrangements including access where necessary, are in place for the safe delivery of your food order. We cannot be held liable for any damage, cost or expense incurred to such orders where this arises as a result of a failure to provide adequate access or arrangements for delivery.

5.7. We shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery;

Section 6: Cancellation

6.1. You must notify the participating restaurant immediately if you decide to cancel your order, preferably by phone, and quote your order number. If the restaurant accepts your cancellation, no cancellation fee applies. If the restaurant refuses cancellation, e.g. because preparation of the food has been completed and/or delivery personnel has already been dispatched, it may not be cancelled. Notwithstanding the foregoing, in case you paid for your order online, there is no refund of your payment. You can always contact us with any complaint or concern you may have with respect to an order for which you paid online.

6.2. We may cancel an order if the product is not available for any reason. We will notify you if this is the case and ask you to re-order if any payment has made. Please note that there is no refund.

6.3. In the unlikely event that the restaurant delivers a wrong order, you have the right to reject the wrong order and you shall be fully refunded for the original order if payment has been made. If the restaurant can only do a partial delivery (a few items might be not available), we would inform you or propose a replacement for unavailable items. We are responsible for wrong or partial delivery. The issue has to be settled directly with the restaurant. No extra fee for partial delivery.

Section 7: Information

7.1. Where we have requested information from you to fulfill your order, you agree to provide us with accurate and complete information.

7.2. You authorize us to use, store or otherwise process your personal information in order to deliver your order to you and for marketing and credit control purposes (the “Purpose”).

7.3. You are entitled to request a copy of the personal information we hold of you. Please contact us if you wish to request this information.

7.4 We only gather personal information from you when you place an order on our website or mobile app , when you conduct a customer survey, or when you use cookies. The following information is collected by us, First name, Last Name, address, phone number, and payment information, in order to facilitate orders.

Section 8: Complaints.

We take complaints very seriously and place customers at the core of our processes. We aim to respond to your complaints within 5 business days. Please submit any complaints to the following email: order@kilimanjaro-restaurants.com

Section 9: Limitation of Liability.

9.1. Great care has been taken to ensure that the information available on this website is correct and error free. If it came to occur, we apologize for any errors or omissions that we might publish on our website. We cannot warrant that use of the Website will be error free or fit for purpose. We will take our best to correct such errors in a timely and effective manner. Also, neither can we warrant that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

9.2. We disclaim any and all liability to you for the supply of your food to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer.

9.3. We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.

9.4. We shall not be held liable for any failure or delay in food delivery where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction.

9.5. If we have contracted to provide identical or similar order to more than one customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which orders we will fill and to what extent.

9.6. We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.

9.7. In the event Kilimanjaro restaurants has a reasonable belief that there exists an abuse of vouchers and/or discount codes or in suspected instances of fraud, Kilimanjaro restaurants may cause the shopper (or customer) to be blocked immediately and reserves the right to refuse future service. Additionally, should there exist an abuse of vouchers or discount codes, Kilimanjaro restaurants reserves the right to seek compensation from any and all violators.

9.8. Offers are subject to Kilimanjaro restaurants’ discretion and may be withdrawn at any time and without notice.

Section 10: General

10.1. All prices are in Nigeria Naira.

10.2. We may alter or vary the Terms and Conditions at any time without notice to you.

10.3. Payment must be made either at the time of ordering the food from us by credit card (online) or at the time of delivery by cash. Failure to pay on time will result in the cancellation of your order.

10.4. Do not use or launch any automated system or program in connection with our website or its online ordering functionality;

10.5. Do not collect or harvest any personally identifiable information from the website, use communication systems provided by the website for any commercial solicitation purposes, solicit for any reason whatsoever from any users of the website with respect to their submissions to the website, or publish or distribute any vouchers or codes in connection with the website, or scrape or hack the website.

10.6. The T&Cs constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these T&Cs and any other term or provision on the Website, these T&Cs shall prevail.

10.7. If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.

10.8. These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of Nigeria. The parties hereto submit to the exclusive jurisdiction of the courts of Nigeria.

10.9. No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.

10.10. These Terms and Conditions and a contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Nigeria Laws. Both we and you hereby submit to the non-exclusive jurisdiction of the Nigeria Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.