By downloading or using this KM-FOOD SERVICES Mobile Application, these Terms of Use will automatically apply to you. By accessing the KM FOOD SERVICES App, you are agreeing to comply with these Terms of Use. By clicking on the “I ACCEPT” button, you are consenting that you have Read, Understood and be Bound by these Terms of Use.
PLEASE ENSURE THAT YOU CAREFULLY READ AND UNDERSTAND ALL THESE TERMS BEFORE YOU USE THIS APPLICATION. YOU CAN ONLY USE THIS APPLICATION AND/OR AVAIL ANY OTHER SERVICES PROVIDED BY KM AFTER ACCEPTING THE TERMS OF USE.
These Terms of Use constitute the entire and only agreement between You and KM (Biso Na Biso SARL) and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the App, the content, products or services provided by or through the App, and the subject matter of this document. These Terms of Use may be amended/ updated from time to time without prior notice.. However an intimation will be poped up whenever you access KM-FOOD SERVICES APP after updation of the Terms of Use which you can review and accept before using KM FOOD SERVICES APP.
“ KM-FOOD SERVICES” is a mobile application (hereinafter referred to as “App”) platform through which you can procure various products distributed by KM (Biso Na Biso SARL) and the authorized Sub-distributors appointed by the Company.
Use of the App is available only to persons who are eligible to execute a legal contract. If you are a minor under the age of 18 years, you cannot use the App. Use of the App is available only to the registered customers who have valid customer account maintained with KM and have an established business outlet at the places mentioned in the customer enrollment form duly filled & signed at the time of your registration. Access to the App is based on your representation that the information (your name, address, telephone number, VAT number, trade licenses etc.) provided by you , is correct and up to date. KM reserves the right to terminate your access to the App if it comes to KM’s notice that you are under the age of 18 years or the information provided by you is inaccurate or incomplete.
This App can be downloaded from Google Play Store or Apple Store or by accessing the link shared with you on your email ID and installed on your mobile phones. At the time of registration, you are required to share the information which may include personal information including but not limited to information regarding your Name, Business name, RCCM number, NIF number, National ID number, Mobile number, E-mail address, Photo other relevant details. Once these details are provided, your mobile number will be verified. You undertake that the information provided by you shall always be accurate, correct and complete. If the information you have provided is false, KM reserves the right to terminate your access to the App in addition to taking any legal action. You shall be responsible for maintaining the confidentiality of the username and password provided to you by KM. You are solely responsible for all activities occurring under your user account.
It will be your responsibility to report to KM about any illegal use of your login account by any third party. In which case, upon your request, KM, as a safety measure,will immediately block your username and password. You indemnify to hold KM harmless against any loss or claim due to unauthorized use and subsequent discontinuation of your account. You acknowledge that safekeeping of username & password is your responsibility, therefore you agree to take full responsibility of all activities being undertaken, willfully or unwilfully, through your username and password.
You will provide KM with full and complete cooperation at all times for the completion of the services or in the event of malfunction, non-function, or unauthorized use of the App. You will promptly notify KIN MARCHE of any error in the App or any problem that comes to your attention affecting the access to, use of the App as intended.
By using the App, you are allowed to issue purchase orders for various products distributed by KIN MARCHE and displayed on the App. The payment for the items ordered is immediate or before taking delivery.
The products, logos and trademarks of the respective products are owned by the original manufacturers / brand owners whereas KIN MARCHE is merely a distributor of the products listed therein. KIN MARCHE is not a manufacturer and has no liability in relation to the products distributed and will not assume any liabilities in relation to any product liabilities, defect liabilities, damages or any other claims.
The prices shown on the App are the existing prices excluding TVA that the customer has to pay to KIN MARCHE.. The price shown for each item is exclusive of the VAT applicable on the product.The sales summary would display both basic price without TVA, the amount of TVA and the total amount inclusive of TVA. .
You are also required to provide accurate delivery address on which the products can be delivered. Generally, products will be delivered within 48 hours. This is merely an indicative time for delivery. You agree that goods shall be delivered by us only during working hours. Delay could happen because of strike, law & order situations, failure of the supplier to supply the products or other unforeseen force majeure circumstances. You are not eligible to claim any damages against Kin Marche for any delay in delivery. Goods will be delivered to the address that you provide. You are required to immediately make payment as per the invoice unless paid earlier. For any reason, you fail to make the payment at the time of delivery of goods, KIN MARCHE reserves the right to take back the goods. You understand and acknowledge that any order you place shall be subject to these Terms of Use, product availability and delivery location, serviceability etc. You may not be able to avail our services if your delivery location is outside our current scope of service. KIN MARCHE reserves the right to cancel your order in the event that the designated address falls outside the delivery service area offered by us, non payment or delayed payment, unavailability of all the items ordered by you at the time of placing the order, etc.
You are responsible to keep the goods received in a clean, neat and in hygiene environment. You shall be solely responsible if goods are damaged at your end. If you have any complaints regarding the quality of the products, you are required to raise the same with the KM FOOD SERVICE.
Copyright
The content, organization, graphics, design, compilation, related to the Mobile Application are protected under the applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the App, is strictly prohibited. By accessing and viewing the App, you do not acquire ownership rights to any content, document or other materials on the App.
Trademarks
The word KM-FOOD SERVICES App , App name logo and all the textual, graphical and other contents appearing on the KIN MARCHE FOOD SERVICES App, unless otherwise specified, are the property of KIN MARCHE. The products displayed and the corresponding brand names and brand logo belongs to the respective brand owner(s).
As a user of the KIN MARCHE FOOD SERVICES App, you are given a revocable, nontransferable and nonexclusive right to download and install a copy of the Application on a mobile device that you own or control provided that:
(1) no text, graphics or other content available from the App is modified in any way;
(2) no graphics available from the App are used, copied or distributed separate from accompanying text;
(3) no content available from the App may be used for any purpose which is offensive or which disparages, damages or otherwise negatively reflects upon KIN MARCHE, its products or services, its employees or its management.
Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark or other intellectual property of KIN MARCHE or of any third party, except as expressly provided herein.
You agree not to use this App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use or act fraudulently or maliciously, for instance, by hacking into or inserting malicious code, including viruses, or harmful data, into the hardware. You also agree not to transmit any material that is defamatory or offensive and not to use the service in a way that could damage, disable, overburden, impair or compromise the services of the KIN MARCHE.
EDITING, DELETING AND MODIFICATION
KIN MARCHE reserves the right in their sole discretion to edit or delete any documents, information, products, services, or other content appearing on the App.
DISCLAIMER
Reasonable efforts are taken to ensure the accuracy and integrity of information, features, and related materials provided by KIN MARCHE on the App, however KIN MARCHE is not responsible for misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors appearing on the App.
AMENDMENT–
Information and related materials on the App are subject to change, modification, deletion, addition, restrict use, etc. only by KIN MARCHE without notice. Any use of the amended App thereafter shall be deemed to be your implied acceptance of the new Terms of Use.
THE INFORMATION FROM OR THROUGH THE APP IS PROVIDED ‘on ‘AS IS,” ”AS AVAILABLE” BASIS, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. KIN MARCHE SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE DISPLAYED ON THE APPLICATION. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, KIN MARCHE IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE AGREEMENT BETWEEN KIN MARCHE AND YOU. THIS APP AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KIN MARCHE THROUGH THIS APP SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THE TERMS OF USE. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. KIN MARCHE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE THE APP.
You hereby agree to indemnify and hold harmless KIN MARCHE and its directors, employees and agents against any claims, losses or costs arising from your breach of these Terms of Use and violation of any applicable laws, rules or regulations related to the use of the App.
KIN MARCHE allows access to or advertise third-party merchant’s products. You understand that KIN MARCHE does not own the products or services offered by Third Party Merchants. The information you provided for logging in to the App including your personal information as well as business information which will be used by KIN MARCHE for its internal business purposes and solely in accordance with the applicable laws, including the data protection and privacy laws. You hereby consent to KIN MARCHE’s use of such information. Information related to the goods you purchase through the App, the kind, quality, number and frequency etc will be used for analytical purposes by KIN MARCHE and may also be used and shared with the Seller for them to predict and plan their supply chain. You hereby consent to all such usage. KIN MARCHE has an established privacy practices and the same is available at KIN MARCHE.com The use of this App is subject to the privacy policy mentioned herein. While using this App, if the payment gateways or internet banking or UPIs, debit or credit cards are used, then such uses of banking channels and settlement systems are subject to the respective rules and regulations of those service providers. KIN MARCHE has no control over the same. KIN MARCHE FOOD SERVICES App services available in KINSHASA, DRC. If you are a user living outside KINSHASA, DRC, these services will not be available to you. Further, KIN MARCHE has service capabilities only in selected cities in KINSHASA, DRC. If you are doing business outside the area, the App will be of no use. A registered user of this App if moved to a different location which is not a KIN MARCHE service area, will not be able to use the App at the new location. The goods ordered by you will be delivered by the delivery partner entity of KIN MARCHE. The details of the delivery partner of your location shall be intimated to you in due course. KIN MARCHE has the right to replace or appoint new delivery partner. You accept to receive the goods from the designated delivery partners appointed by KIN MARCHE from time to time for your area.
The App is provided subject to all of the terms set forth herein. KIN MARCHE does not warrant that:
KIN MARCHE will raise an invoice upon the acceptance of valid purchase order. You are required to make the payment immediately to the representative of KIN MARCHE at the time of delivery of goods, if not paid at the time of ordering. The price of the product is subject to change without prior notice to you based on market conditions, rules, regulations etc. The price of the product is provided on the Mobile application on ‘as is’ basis as provided by the manufacturing companies/ Exporters (“Seller”). Due to technical reasons, volatile USD:CDF parity or sudden changes made by the Seller or the Government, there may be variations in the actual price of the product and the price displayed on the App. KIN MARCHE shall take its best endeavors to update such variations at the earliest opportunity. You may however, be aware that such variations could happen. You shall be responsible for the payment of prices in vogue, applicable VAT and all other taxes. For any default in this regard, you shall be the solely liable.
At any time, in its sole discretion KIN MARCHE may suspend or terminate your access to the App for any reason with or without notice to you. You acknowledge KIN MARCHE’s right to do so and waive any claim you may have arising from such suspension or termination. By downloading this App, you are not getting any permanent rights to avail KIN MARCHE FOOD SERVICES App and KIN MARCHE services.
