MunchiesApp Terms and Conditions (T&C)

Effective Date: December 5, 2025

These Terms and Conditions ("Terms," "Agreement") govern your access to and use of the MunchiesApp mobile application and services (collectively, the "Service"). By creating an account, accessing, or using the Service, you agree to be bound by these Terms.

1. User Accounts and Eligibility

A. Account Creation (Google Sign-In)

To use the Service, you must register an account using Google Sign-In. You represent that all information provided to Google and passed to us (including your name and email) is accurate and complete.

You are responsible for maintaining the confidentiality of your Google account credentials and are fully responsible for all activities that occur under your account.

You must be at least 18 years old to use the Service.

B. Account Termination

We reserve the right to suspend or terminate your account and your access to the Service, at our sole discretion, without notice or liability, for any reason, including but not limited to:

  • Breach of these Terms.
  • Misuse of the Service, including fraudulent orders or payment activity.
  • Abusive or inappropriate behavior toward our riders, restaurant partners, or staff.

2. The MunchiesApp Service

A. Description of Service

MunchiesApp operates as a technology platform connecting users with independent third-party restaurants ("Restaurant Partners") and independent third-party delivery contractors ("Riders") for the placement, preparation, and delivery of food orders.

B. Role of MunchiesApp (Limitation of Liability)

MunchiesApp is not a restaurant or food preparation entity. We do not prepare food and have no responsibility for the quality, safety, legality, or freshness of the food or products provided by Restaurant Partners.

We are not the employer or agent of the Riders. We are only the platform that connects you to them.

You understand and agree that Restaurant Partners are responsible for the food, and Riders are responsible for the delivery.

C. Order, Payment, and Cancellation Policy (Crucial for a Food App)

Order Acceptance: When you place an order, you are making an offer to purchase the items from the Restaurant Partner. An order is confirmed only when the Restaurant Partner accepts it.

Pricing: All prices are set by the Restaurant Partner. You are responsible for all applicable fees, including delivery charges, service fees, and taxes.

Payment: All payments are processed through third-party payment providers (including M-Pesa integration). We are not responsible for any issues with these third-party payment systems.

Cancellations:

  • User Cancellation: You may cancel an order only before the Restaurant Partner has accepted it. If you cancel an order after acceptance, you may be charged the full order amount.
  • Partner/App Cancellation: The Restaurant Partner or MunchiesApp reserves the right to cancel any order if the items are unavailable, if there are difficulties with delivery (e.g., inaccessible location), or for any other reason. If we cancel an order and you have already paid, you will receive a full refund.

Refunds: Refund eligibility is determined by the Order and Cancellation policy above. Refunds will be processed according to our internal policy and may take several business days.

3. License and Intellectual Property

A. License Grant

MunchiesApp grants you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use, subject to these Terms.

B. Intellectual Property

All rights, title, and interest in and to the Service (excluding User Content) are and will remain the exclusive property of MunchiesApp. Our name, logo, and all related names, designs, and slogans are trademarks of MunchiesApp. You shall not reproduce, distribute, or otherwise use any content from the Service without express written permission.

4. Prohibited Conduct

You agree not to use the Service to:

  • Place fraudulent, false, or misleading orders.
  • Harass, abuse, or threaten any Restaurant Partner, Rider, or other user.
  • Use the Service for any unlawful purpose or in violation of any applicable laws.
  • Reverse engineer, disassemble, or attempt to derive the source code of the Service.

5. Disclaimers and Indemnification

A. Disclaimers

The Service is provided "AS IS" and "AS AVAILABLE." MunchiesApp makes no warranties, express or implied, regarding the reliability, timeliness, quality, suitability, safety, or availability of the Service or any services obtained through the use of the Service.

B. Indemnification

You agree to defend, indemnify, and hold harmless MunchiesApp, its officers, directors, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; or (iii) your violation of any third-party right, including any intellectual property or privacy right.

6. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law principles. Any dispute arising from or relating to the subject matter of this Agreement shall first be attempted to be resolved amicably through negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, the dispute shall be settled by Arbitration in Nairobi, Kenya, in accordance with the Arbitration Act (No. 4 of 1995), or through the exclusive jurisdiction of the competent Courts in Nairobi, Kenya.

7. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice before any new terms take effect. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

8. Contact Information

If you have any questions about these Terms, please contact us at:

Email: amos@munchies.co.ke