SWAHILI EXPRESS TERMS AND CONDITIONS OF SERVICE

Welcome to Swahili express website and our applications (each our "Service"). This page (including the documents in it) informs you of the terms and conditions on which our restaurants supply any of their meals (the "Meals") listed on our website to you. Please read the terms and conditions carefully before you can order any Meals. By accessing our site and placing an order you agree to be bound by these terms and conditions and the terms of use policy. If you have any questions relating to these terms and conditions please contact support@swahiliexpress.com before you place an order. If you don’t accept these terms and conditions in full please don’t use our Service.

INFORMATION ABOUT US

Swahili Express is a website operated by Rank-Imani Group Limited ("we" or "us" or "Rank-Imani"), incorporated and registered in the Kenya. Our registered office is at Mukima Drive off Garden Estate Road, House No.3 Nairobi, Kenya or PO BOX 5177 code 00200 city Square, Nairobi Kenya. Phone +254 20 522 5870. Email is info@swahiliexpress.com. Swahili Express is a business where the food is prepared by our own restaurant and delivered by us.

1. PURPOSE

The purpose of our Service is to provide a simple and convenient service to you. Our services will be provided with on-site service by restaurant, Read More take-away or by delivering by our motorbike service. Customers can order food and pay via our app, and have it delivered within the city limits of Mombasa. We will expand our business by setting up Swahili express branches in following cities Shelly beach, Diani beach, Kilifi, Watamu, Nairobi 8 locations, Nakuru, Kisumu, Eldoret and Nanyuki. Read Less

2. MEALS AND FOOD QUALITY

We will ensure that our food dishes are based on high quality, specially selected food products from Kenya. In the future we expect that we can be Read More able to grow our own vegetables and chickens on our own farm, Rank-Imani farmhouse. Our food is based on traditional African Swahili food combined with few Asia and European, Italian dishes. All of our meals can be order via our APP and delivered by our motorbikes, or be pick-up or consumed on location in our restaurant. Read Less

3. FOOD ON DEMAND

We have developed our own app which will handle customers order and payment. Our app calculates your location to determine the delivery time Read More for your order. When placing you order, you can choose if you want your order delivered at your present location, at a selected address, you can even pre-order for delivery at a chosen time. Read Less

4. ONSITE FOOD SERVICE

We are serving food on location as restaurant service, our target customer is office/business lunch guest, in the located area. Food dishes will be as same assortment as we provide via our app.

5. SALE OF ALCOHOL

Persons placing an order for alcohol in any our Restaurants must be aged 18 or over. Alcoholic beverages can only be sold and delivered to persons Read More aged 18 or over. Swahili Express operates the Challenge 25 age verification policy whereby customers who are lucky enough not to look 25 or over, will be asked to provide proof of age to show that they are aged 18 or over. By placing an order that includes alcohol, you confirm that you are at least 18 years old. Swahili Express reserves the right to refuse to deliver any alcohol to any person who does not appear, or cannot prove they are aged 18 or over. Swahili Express also reserves the right to refuse to deliver any alcohol to any person who is, or appears to be, under the influence of either alcohol or drugs. Read Less

6. AVAILABILITY AND DELIVERY

Our aim is to provide the best delivery service possible. Unfortunately, things do not always go to plan and factors, such as traffic conditions and weather, Read More may occasionally prevent us from achieving our targets in this regard. We will do our best to ensure that your Meal is delivered by the time specified in the email, webpage and APP. The timing of your order is determined by taking into account the number of orders and the circumstances being faced by the Swahili Express Restaurant as at that time. Read Less

7. CANCELLATION

You have the right to cancel an order within a reasonable time and before the order becomes a Started Order. We will classify a bad order as any order Read More which has been cancelled after food has been used in preparing the order (a "Started Order"). Customers may cancel an order by contacting the Swahili Express Restaurant. You will not be charged for any orders that have been cancelled in accordance with this clause. Any payment made prior to an order being cancelled by Swahili Express Restaurant will usually be reimbursed using the same method you used when paying for your order. Any order cancelled after it becomes a Started Order will be charged to you. Swahili Express alone can determine whether an order is a Started Order or not. Read Less

8. PRICE AND PAYMENT

The price of any Meals will be listed on our Service. Prices are inclusive of VAT and they will vary between menus. Our prices are liable to change at Read More any time, but the prices for orders that have been presented with the Confirmation Email will not change. Be sure to save the confirmation email in case of an obvious pricing mistake, whereby we will notify you as soon as we can about the pricing issue. You may be able to cancel your order once we notify you. Despite our best efforts, some of the Meals listed on our Service may be incorrectly priced. The Swahili Express Restaurant will normally verify prices as part of the order process. Payment for all Meals can be made by credit or debit card through our Service. Once your order has been confirmed your credit or debit card will have been authorized including the amount marked for payment. Payment is made directly to Swahili Express. Read Less

9. OUR LIABILITY

To the extent permitted by law, Swahili Express provides our Service and content on an "as-is" and "as available" basis and we make no representation Read More or warranty of any kind, express or implied, regarding the content or availability of our Service, or that it will be timely or error-free or that defects will be corrected. Subject as provided below, neither Swahili Express shall have any liability to for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our Service. In the event that Swahili Express or the Partner Restaurant is found to be liable to you our total aggregate liability is limited to the purchase price of the Meals you have paid for in your order. This does not include or limit in any way Swahili Express liability for any matter for which it would be illegal for us or it to exclude, or attempt to exclude, our or its liability, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation. Read Less

10. EVENTS OUTSIDE OUR CONTROL

No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its Read More control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion. For the avoidance of doubt, nothing in clause 11 shall excuse the Customer from any payment obligations under this Agreement. Read Less

11. WAIVER

Neither you, Swahili Express shall be responsible to the others for any delay or non-performance of its obligations under this agreement arising Read More from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion. Read Less

12. SEVERABILITY

If any provision of this agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.

13. ENTIRE AGREEMENT

These terms contain the whole agreement between the parties relating to its subject matter and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.

14. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

Swahili Express may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.

15. LAW AND JURISDICTION

The Kenyan courts will have jurisdiction over any claim arising from, or related to, any use of our Services. These terms of use and any dispute or Read More claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Kenya Read Less