These Terms of Use (“Terms”) shall govern your use of the website we provide.
Your continued use of the website, including placement of orders through the website, represents your adherence to these Terms. You confirm that you have read, understood, and accept all the terms and conditions stipulated herein. You agree to be bound by the same and to comply with any obligations stated herein.
If you do not agree, please discontinue the use of the website or leave the same.
Only natural persons who are of legal age (18 years) old and juridical persons may use the website. For minors, please obtain consent for your parent/s or legal guardian/s. Minors, without the consent of said individuals, must discontinue using or accessing the website now. The parent/s or legal guardians shall be responsible for all the acts and amounts due arising from or related to the use of the website.
We reserve the right to modify or amend these Terms at any time. We recommend you to read on a regular basis these Terms. Your continued use of the website notwithstanding any modification or amendment to these Terms shall be deemed as your consent to the same.
These Terms form the contract between you and us and shall be binding at all times.
1. Services
Through our website, we link you to the vendors (“Vendors”) for you to order a variety of goods including prepared meals, non-prepared food and miscellaneous non-food items (hereinafter referred to as “Goods”) to be delivered to you.
When you place an order for Goods from our Vendors (“Order”), we, on behalf of that Vendor, shall process and complete, or cause to be processed and completed, the order. Upon completion of the Order, we shall, solely or with Vendor, deliver, or cause the delivery of, your Order to you.
Vendors are third party vendors and our affiliate company.
2. Customer support
For customer support, you may contact us through support@kitchenhero.hola.ph or through our in-app customer support chat feature.
3. Use of the website and Kitchen Hero Account
To proceed with using the website, you will need to create/register a Kitchen Hero account.
For the creation/registration of Kitchen Hero, we will ask you to provide your personal information including but not limited to valid email address, a mobile phone number, and a unique password.
For your Order, based on the payment method you opt, your credit card details may be required.
For security, you guarantee that you will not share your unique password with anyone. It is understood that you shall keep secret at all times your unique password.
Except in case of fraud or abuse, without your fault, you agree to pay or to be liable for all Orders placed under your Kitchen Hero account.
For the processing and delivery of your Orders, you guarantee that all the information you provide, necessary to complete the delivery to you, is complete, accurate, and true. We shall not be liable for any issues during delivery arising from the incomplete, incorrect, or missing information you provided.
If you desire to delete your Kitchen Hero account, you may do so by sending us a request through support@kitchenhero.hola.ph.
We reserve the right to limit your access to your Kitchen Hero account and/or use of the website, or suspend/terminate your account, on our sole discretion, if there is reasonable basis on our part that the any of the following exist:
2.3.1 Another person is using your Kitchen Hero account; or
2.3.2 Breach of these Terms, our policies and guidelines, or an abuse of the website.
4. Prohibited Activities
We reserve the right to investigate and take appropriate action, including judicial actions, against anyone who, in our sole discretion, engages in any of the prohibited activities, including but not limited to the following:
a. using the website for any purpose in violation of any law, rules and regulations, and rights.
b. posting anything that may be “spam”;
c. impersonating another person when posting content or any act constituting identity thief;
d. gathering information of persons, including e-mail addresses, without their consent;
e. allowing third parties to use your identification for posting or viewing comments;
f. harassing, threatening, stalking, or abusing any person on the website;
g. engaging in any other conduct that restricts or inhibits any other person from using or enjoying the website, or which exposes us or any of our customers, Vendors, or any other parties to any liability or detriment of any type;
h. posting any content that:
i. infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
ii. is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity, or constitutes cyber-bullying, as determined by us in our sole discretion or pursuant to industry standard in the Philippines;
iii. represents any dangerous, life-threatening, or otherwise risky behavior;
iv. displays telephone numbers, street addresses, or last names of any person;
v. shows URLs to external websites or any form of HTML or programming code;
i. encouraging other people to engage in any prohibited activities as described herein.
5. Our rights
We reserve the right to do any or all of the following:
a. investigate an allegation or a complaint that any content posted on the website violates or deviates from these Terms, and determine, upon our sole discretion, if a request to remove or removal of the content, upon our own instance, is proper;
b. remove abusive, illegal, or disruptive contents, or any statements or contents that violates or deviates these Terms;
c. monitor, modify, or disclose any content on the website;
d. edit, remove, or delete any content or portion thereof posted on the website, regardless of whether such content violates or deviates from these Terms; and
e. suspend or terminate a user’s access to the website or their Kitchen Hero Account upon any breach of these Terms.
It is upon our sole discretion to exercise the foregoing rights.
6. Intellectual Property
All intellectual property rights, including patents, copyrights, trademarks, service marks, trade secrets and all other proprietary rights exhibited on the website or in our marketing materials released to the public, including those of third parties’ which we are authorized to use and display in our website, shall remain vested in us and be our absolute property.
Any use, copying, reproduction, republishing, uploading, posting, reposting, transmitting, distribution, or modification of these intellectual property rights, without our prior written consent, is not allowed and strictly prohibited.
We not warrant the non-infringement on the rights of the third parties in relation to the promotion and sale of goods on the website.
7. Restrictions on Goods
The purchase of Goods and delivery thereof are subject to applicable laws, rules and regulations, and regulatory policies imposed by any authority, including but not limited to restrictions on consumption of alcoholic beverages.
We shall not be held liable for non-delivery of Goods due to laws, rules and regulations, and regulatory policies imposed in the place of delivery.
8. Alcoholic Beverages
In case you order alcoholic beverages, it is deem that you represent yourself to be of legal age. Any liability arising from or related to your unlawful consumption of alcoholic beverages shall be for your own account.
Prior to completing your Order or upon delivery, in order to ascertain your age, you agree to present a government issued ID showing your name, birthdate, and photograph. In case you fail to do so, we reserve the right to:
- refuse your Order;
- cancel your Order; and
- Cancel the delivery of your Order.
We reserve the right to refuse or cancel Order if such will constitute violation of regulatory policies, such as alcohol ban in your area.
9. Orders
Upon placement of your Order, we shall confirm your Order by sending a confirmation email or SMS showing the price of Goods, and delivery fees and taxes, if any.
In case the Vendors require a minimum amount per order to be placed, you may either order Goods amounting to the minimum amount or pay the difference between the value of your Order and the minimum amount required.
We shall exert best efforts to meet your specific instructions per Order. In case the specific instructions are unattainable or commercially unviable, we reserve the right to perform actions in accordance with industry practice or standard operating procedures.
We or the Vendor shall not be liable to replace or refund an Order which does not conform to your specific instructions.
The Vendors may impose additional terms and conditions upon your Order.
Using the website, you may purchase Goods from various Vendors, which shall be delivered all at the same time.
In order to view their menu, you may click on the links designated for each Vendor. Upon viewing the menu, you may select Goods and add to your cart.
For completion of Order, further instructions may be provided on the website after clicking on the checkout button. Additional details from you may be asked during completion of Order.
You shall review and confirm that all the information you provided, including the Order, delivery details, personal details, mode of payment, payment information, and voucher codes, if applicable, is true, accurate, and complete. Thereafter, you may proceed and click on the place order button.
An Order is successfully placed when you receive an email or SMS confirmation containing your Order receipt from us.
10. Change or Cancelling an Order
For any change or cancellation, you may immediately reach us through 09176275382 and support@kitchenhero.hola.ph.
Change or cancellation of Order will be allowed if there are no acts yet performed to prepare your Order or if your Order has not yet been prepared.
11. Refunds
For Online Payment Orders, refunds shall be allowed only if your Order has not yet been processed. If you still proceed to cancel your Order despite processed status, you accept that you shall not be entitled to refunds, in whole or in part. In such case, you forfeit your payment and the delivery of your cancelled Order.
For Cash-on-Delivery Orders, in case your Order has been processed and you proceed with cancellation, we reserve the right to deny you the option of cash-on-delivery on your next placement of an Order.
For Order Refunds that were already processed, delivered, consumed or partially consumed, Refunds are not applicable, however, if proven that the items ordered are not in its standardized condition, Product Replacement will be processed.
If you are entitled to a refund under these Terms, you agree that the primary mode of refund will be through bank transfer.
We may require you to provide additional information prior to processing any refund.
12. Prices and Payments
Prices displayed in the website may from time to time vary depending on the Vendor, applicable charges, fees, and taxes, if any.
Prior to checkout, you will be able to view the breakdown of the following:
- price of Goods;
- delivery charges, if any;
- additional charges, if any;
- taxes, if any;
- discounts, if any; and
- total amount payable.
You may choose the mode of payment you prefer, which shall include:
- Gcash;
- Cash on deliver;
- Credit Card payments; and
- Other modes of payment we may offer in the future.
Delivery fees will not appear in your Order receipt if you opt for Pick-Up.
We reserve the right to offer additional payment methods and/or remove existing payment methods at anytime upon our sole discretion.
For online payment method, your payment shall be processed by our third party payment service provider(s). Upon choosing online payment method, you consent to the storing of your credit card / payment information with our third party payment service provider(s) for future orders. We do not store your credit card or payment information.
In choosing online payment, such as credit card or debit card, you warrant that you have sufficient funds on your credit and debit card to pay for your Order.
13. Delivery, Pick-Up and Vendor Delivery
Delivery Areas
You understand that we offer our Vendors’ Goods in specific delivery areas. By entering your delivery address on the website, you may see if we deliver to your area.
Delivery areas may expand, shrink, or change depending on weather, traffic conditions, governmental regulatory restrictions or policies, such as curfew, travel restrictions, requirement of travel pass, and situations of force majeure.
Delivery Time
Your Order shall be delivered to the delivery address that you provide.
You may designate a specific time for delivery or indicate delivery as soon as possible.
We shall provide in our confirmation the estimated delivery time, which may vary depending on various factors not within our control such as weather, road conditions, and traffic.
You understand and accept that the actual delivery of the Goods may be earlier or later than the estimated delivery time we provided.
You undertake that you or any one on your behalf will be available to receive your Order at the delivery address and time you designated or estimated time we provided.
If your Order includes Alcoholic Beverages or alcohol, we reserve the right not to deliver or refuse to release the Goods upon pick up to you or your representative if it appears that you, or your representative, are not of legal age, and/or fail to present a government issued ID showing your or of the recipient’s name, photograph, and birthdate.
No shows Order
In case we attempt to deliver your Order but fails to do so because of the following reasons, which are not exclusive, we shall consider it as cancelled order and you are not entitled to a refund and you forfeit the delivery of your Order:
a. no person was present at the delivery address to receive the Order;
b. you or your designated recipient were unreachable through the contract details you provided despite efforts to reach you or your designated recipient;
c. lack of appropriate or sufficient access to deliver the Order successfully;
d. lack of a suitable or secure location to leave the Order; or
e. in the case of Restricted Goods, you did not meet the age required or delivery did not deem it safe or appropriate for you or your designated recipient to receive the Restricted Goods.
For this purpose, you are unreachable or no person was present to receive your Order if ten (10) minutes have from the time the Order arrives at the delivery address and the rider has not reached you or no person appeared to receive the Order.
We shall not be liable for any spoilage or change in quality of your Order for your late receipt of the Order. In this case, you shall not be entitled to a replacement, refund or replacement of the Goods. You alone are responsible for inspecting the Goods/Order when you or your designated recipient receive your Order and shall report any issues and/or defects to us before consuming the same.
Wrong Order, Missing Items, Defective Goods
For any concerns with your Order, including but not limited to wrong order, defective order, or missing items, you may reach us through [xxx]
In some cases, we may request for photographic proof and/or additional information to properly investigate your concern with your Order. If we determine that the Order and/or Goods you received are not of satisfactory condition or quality, without your fault or any reasons not attributable to us, we will compensate you for your Order or parts of your Order.
Order Pick-Up
For pick-up of Order, we will prepare your Order for the same to be ready for your pick-up time, if possible. If you designated a pick-up time that will not give us sufficient time to prepare the same, based on quantity and food selection, we will indicate in our email / SMS confirmation a pick-up time (“Collection Time”).
If you fail to pick-up your Order within the Collection Time, and you have not requested for a change in the time of pick-up, we shall hold the Order for Fifteen (15) minutes more. In case you failed to coordinate the delay in pick-up, or failed to pick-up your Order within the 15-minute period, we are not obliged to store it further to the agreed time allowance, to ensure monitored Quality products and to avoid spoilage. In such cases, you forfeit your order, it means that you also agree that you are not entitled to any refund.
We shall not be liable for any spoilage or change in quality of your Order for your late pick-up of the Order.
In this case, you shall not be entitled to a replacement, refund or replacement of the Goods. You alone are responsible for inspecting the Goods/Order when you Pick-Up your Order and shall report any issues and/or defects to us before leaving our premises.
14. Allergens
We are not obliged to display on the website ingredient information or allergen information. We do not warrant that the Goods sold by Vendors are free of allergens.
You understand that it is your responsibility to inform us or the Vendor of your food allergies, allergic reactions or dietary restrictions, and requirements.
15. Vouchers, Discounts, and Promotions
As part of our or our Vendors’ promotional campaigns and marketing, we or our Vendors may offer, from time to time, voucher codes, discounts, and other promotional offers (“Vouchers”) to be used on our website.
You recognize that Vouchers may expire and have validity periods, redemption periods, and restrictions for use.
We reserve the right to prohibit the use of Vouchers in conjunction with other promotions, discounts or other vouchers. We may issue additional terms and conditions may apply to Vouchers.
Unless otherwise stated, Vouchers can only be used on our website.
Vouchers cannot be exchanged for cash.
We reserve the right to void, discontinue, or reject the use of any Voucher without prior notice.
Our Vendors’ restaurants terms & conditions may apply to the Vouchers.
16. Representations, Warranties and Limitation of Liabilities
Representations and Warranties
You acknowledge and hereby agree that the contents on the website are provided on an “as is” and “as available” basis. You further acknowledge and agree you voluntarily use or rely upon the website, its content, and any goods, products or services accessed or obtained thereby at your own risk.
We do not warrant that the website shall be maintained in a manner that is secure, timely, uninterrupted, error-free, free of technical difficulties, defects or viruses.
You acknowledge that your use of the website may be interrupted because of maintenance work, internet connection issues, or events beyond our control.
Limitation of Liability
To the extent permitted by law, we, our affiliates, directors, agents, representatives, agents, shall not be liable, whether arising in contract, in negligence or otherwise, for loss or damage which you or any third party may incur in connection with our website, our services, and any external website linked to our website and any content or material posted on it.
We, our agents, representatives, and service providers shall not be liable for any damages arising from your use of the website or for any other claim related in any way to your use of the website.
You hereby acknowledge and agree that the exclusive remedy with respect to your use of the website is to discontinue your use of the same.
Vendor’s representations
We shall not be liable for actions or omissions of the Vendor nor you in regard to provision of the Goods.
We do not for the quantity, quality, condition or other representations of the Goods and/or services provided by Vendors or guarantee the accuracy or completeness of the information in relation to the Vendors products, including but not limited to the menu information, photos and images of the Goods displayed on the Vendor’s listing/offering on the website.
We shall not be responsible for any claim for personal injury, death, or any damage caused to any customers arising from or related to your consumption of Vendor’s Goods.
We do not warrant that the Goods delivered to you conform to any description or image of the goods reflected or indicated in the website. We do not warrant for the quality, merchantability, and fitness for a particular purpose of the goods to be delivered.
17. Vendor Liability
Vendors are responsible for the preparation, condition and quality of Goods. Vendors shall be liable for any claim for personal injury, death, or any damage caused to any customers arising from or related to [his/her/their] consumption of Vendor’s Goods
18. Data Privacy
You authorize us, our affiliates, representatives, third party payment service providers to collect. Process, use, and disclose your personal data in accordance with these Terms and as further described in our Privacy Policy. You understand that your personal information is protected by RA No. 10173 (Data Privacy Act of 2012.
Our Privacy Policy shall form a part of these Terms and is accessible through https://kitchenhero.ph/privacy-policy/
19. Indemnity
You agree to indemnify, defend, hold harmless us, our directors, officers, employees, representatives, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of the website or your breach of these Terms.
20. Third Party Links and Websites
The website may contain links to other third party websites and by clicking on these links, you agree to do so at your own risk.
We do not control or endorse these third party websites or links and we shall not be responsible for the content of these linked pages. We shall not be liable for any loss or damage which may be suffered by you in relation to your access and use of these third party links and websites.
21. Termination
We have the right to terminate, suspend, or delete your account and access to the website, including any delivery service we provide to you in respect of an Order, for any reason, including, without limitation, if we, upon our sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms.
We may opt to provide you a notice prior to termination of your use of the Websites.
22. Amendments
We reserve the right to amend these Terms upon our sole discretion.
The amendments to the Terms shall be effective immediately upon posting and your continued use of or access to the website is your consent to the amendments. If you do not agree with the amendments, whether in whole or in part, you must stop using the website immediately.
23. Severability
If any provision of these Terms shall be declared invalid, illegal, or unenforceable by any court or tribunal of competent jurisdiction, the remaining provisions of this Terms shall remain in full force and effect and shall be enforceable in such manner as may be provided by law.
24. Governing Law
These Terms shall be governed and construed in accordance with the laws of the Republic of the Philippines.
19 Contact Us
If you wish to contact us regarding any questions or comments you may have, please send an email to our customer support email or via our in-app customer support chat feature.
25. Venue of Action
Any action or suit brought under this Terms shall be instituted exclusively in the proper courts of Makati City, Philippines.
