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Deliveries every Wednesdays and Saturdays

Cut-off 12 noon before day of delivery

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Privacy Policy
Terms & Conditions
Privacy Policy

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

INTERPRETATION AND DEFINITIONS

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

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 InsightSCS Corporation, 3F Aurora Building Alabang-Zapote Road, Cupang, Muntinlupa City, Philippines. InsightSCS Corporation is the operator of the Kitain Web Retail Store.
For the purpose of the GDPR, the Company is the Data Controller.

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.

Country refers to: Philippines

Data Controller, for the purposes of the GDPR (General Data Protection
Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.

Device means any device that can access the Service such as a computer, a
cellphone or a digital tablet.

Personal Data is any information that relates to an identified or identifiable
individual. For the purposes for GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or InsightSCS Page 2 of 9 3F Aurora Building Alabang-Zapote Road, Cupang, Muntinlupa City, Philippines more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.

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. For the purpose of the GDPR, Service Providers are considered Data Processors.

Third-party Social Media Service refers to any website or any social network
website through which a User can log in or create an account to use the Service.

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 Insight Supply Chain Solutions, accessible from https://kitain.delivere.tech/

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.

Under GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or as the User as you are the individual using the Service.

 

COLLECTING AND USING YOUR PERSONAL DATA

Types of Data Collected

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

·         Bank account information in order to pay for products and/or services within the Service

·         Usage Data

When You pay for a product and/or a service via bank transfer, We may, as an option, ask You to provide information to facilitate this transaction and to verify Your identity. Such information may include, without limitation:

·         Date of birth

·         Passport or National ID card

·         Bank card statement

·         Other information linking You to an address

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.

·         Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read “Where can I change the settings for disabling, or deleting local shared objects?” available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objectsflash.html#main Where can I change the settings for disabling  or deleting local shared objects

·         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. You can learn more about cookies here: “All About Cookies” by Terms Feed.

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 similar to 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. If You interact with other users or register through a Third Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.

·         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 of time, 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.

Disclosure Of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

·         Comply with a legal obligation

·         Protect and defend the rights or property of the Company

·         Prevent or investigate possible wrongdoing in connection with the Service

·         Protect the personal safety of Users of the Service or the public

·         Protect against legal liability

Security Of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Detailed Information On The Processing Of Your Personal Data

The Service Providers We use may have access to Your Personal Data. These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies.

Analytics

We may use third-party Service providers to monitor and analyze the use of our Service.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.

For more information on the privacy practices of Google, please visit the Google

Privacy & Terms web page: https://policies.google.com/privacy

Payments

We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors).

We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

 

 

 

PayPal

Their Privacy Policy can be viewed at https://www.paypal.com/webapps/mpp/ua/privacy-full

PayMaya

Their Privacy Policy can be viewed at https://www.paymaya.com/privacy

 

DragonPay

Their Privacy Policy can be viewed at https://www.dragonpay.ph/privacy-policy/

 

When You use Our Service to pay a product and/or service via bank transfer, We may ask You to provide information to facilitate this transaction and to verify Your identity.

Children’s Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit.

Changes to this Privacy Policy We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

·         By email: [email protected]

 

Terms & Conditions

TERMS & CONDITIONS

These terms and conditions ("User Terms") apply to your visit to and your use of our website at kitain.delivere.tech (the "Website"), the Service and the Application (as defined below), as well as to all information, recommendations and/or services provided to you on or through the Website, the Service and the Application.

Please read these terms of service carefully. By accessing or using Kitain applications or any services provided by us, you agree to be bound by these terms of service. If you do not agree to all of these terms and conditions, do not access or use Kitain Applications or any services provided by us.

I. THE COMPANY

We are Insight Supply Chain Solutions (InsightSCS), a corporation duly organized under the laws of the Philippines, owner and operator of kitain.delivere.tech (“KITAIN”), with office address at 3rd Floor, Aurora Building, Alabang-Zapote Road, Alabang, Muntinlupa City, 1799 Metro Manila (the “Office”).

II. DEFINITION OF TERMS

a. “Account” means the KITAIN Account that you will need to register for on the Website in the event that you would place an Order on the Website.

b. “Business Day” means any day on which banks in the Philippines are open for business, which is neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in the Philippines.

c. “Clauses” refer to clauses of these Terms and Conditions.

d. “Contract” means your Order of a Product or Products in accordance with these Terms and Conditions which you accept in accordance with clause 6.2 below.

e. “Customer” means any individual who places an Order on the Website or via our concierge services using any messenger service.

f. “Includes” or “including” or like words or expressions shall mean without limitation.

g.“Order” means the Order submitted by you to the Website to purchase a Product from us.

h.“Order Confirmation” means our email to you, in which we acknowledge your Order in accordance with clause 6.2 below.

i.“Products” refer to any of the goods being sold on the Website.

j.“Website” means kitain.delivere.tech.

k.“We” or “us” refers to KITAIN.

l.“You” means the Customer who places an Order.

III. LEGAL REQUIREMENT

To place an Order with KITAIN, you must be over eighteen (18) years of age. If you are under eighteen (18), you may place an Order with KITAIN only with the involvement of a parent or guardian.

IV. PROHIBITIONS

You must not misuse this Website by committing or encouraging a criminal offense, by transmitting or distributing a virus including but not limited to Trojan horse, worm, and similar viruses or by posting any other material on the Website which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; or by hacking into any aspect of the service; by corrupting data; by causing annoyance to other users; by infringing upon the rights of any other person’s propriety rights; by sending any unsolicited advertising or promotional material; or by attempting to affect the performance or functionality of any computer facilities of or accessed throughout the Website. In the event such breach occurs, KITAIN will block your access to the Website and report the breach to the relevant law enforcement authorities and appropriate legal action will be taken.

V. ENTIRE AGREEMENT

5.1 These Terms and Conditions shall apply to all Orders and Contracts made or to be made by us for the sale and supply of Products. These Terms and Conditions constitute the entire agreement between you and KITAIN and supersede any and all preceding and contemporaneous agreements between you and KITAIN. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by an authorized signatory of KITAIN.

5.2 You acknowledge that, in entering into this Contract, you did not rely on any representation, undertaking or promise given by the KITAIN or implied from anything said or written between you and KITAIN prior to such Terms and Conditions, except as expressly stated in these Terms and Conditions.

VI. TERMS OF THE SALE

6.1 Registration

a. To place an Order, you must register with us by creating an Account on the Website. You must only submit to us information which is accurate and true. You must also keep your information up to date by informing us of any changes, by using the relevant sections of the Website.

b. You shall not misuse the Website by creating multiple user accounts.

c. A username and password may be selected for the privacy and security of your account. We recommend you not to share your user credentials with anyone.

d. An order can only be executed using your user credentials, after confirmation of your registration using your indicated e-mail address.

6.2 Formation of a Contract

a. The information set out in the Terms and Conditions and the details contained on this Website do not constitute an offer for sale but rather an invitation to make an offer. No Contract in respect of any Products shall exist between you and us until we have shipped the Products to your address.

b. To submit an Order, you will be required to follow the online shopping process on the Website. After this you will receive an Order Confirmation which will act as an acknowledgement of your Order.

c. A Contract will relate only to those Products which we have shipped or delivered to you. If your Order consists of more than one Product, the Products may be delivered to you in separate packages at separate times.

6.3 Price and Payment

While we make every effort to ensure that all details, descriptions, and prices which appear on this Website are accurate, there may be instances where errors may occur. If we discover an error in the price of any Products which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat the Order as cancelled. If you cancel your Order before we have shipped it to you, and you have already paid for your Order, you will receive a full refund.

a. Prices are in Philippine Peso. Shipping Fee will be charged in addition where applicable; such additional charges are clearly displayed and included in the ‘Final Total’.

b. We are under no obligation to fulfil your Order if the price listed on the website is incorrect, even after you receive an Order Confirmation from us.

c. Currently, you can pay cash upon delivery. Similarly, you can pay all or part of the price of your Order using any of the available payment services or payment gateways provided by the Website.

d. Upon authorization of the payment, by clicking the “Pay Now” button you are confirming that your orders are final and have sufficient funds or credit facilities to cover the cost of the Product and delivery.

6.4 Product Returns

KITAIN properly trains grocers to select the best possible goods, for customers. At this time item returns will not be processed after the delivery has been completed. If it occurs that KITAIN made a mistake in any item delivered to you, please notify our customer support so the support team will coordinate with you for delivery of the proper items.

6.5 Refusal of Order

We reserve the right to withdraw any Products from this Website at any time and/or remove or edit any materials or content on this Website. We will make our best efforts to always process all Orders but there may be exceptional circumstances wherein we may need to refuse to process an Order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion. If we cancel your Order and you have already made payment for your Order, your payment will be fully refunded to you through Bank Transfer. We will not be liable to you or any other third party by reason of our withdrawal of any Product from this Website, whether it has been sold or not, removal or revision of any of the materials or contents on this Website or refusal to process or accept an Order.

VII. DELIVERY

7.1 We aim to deliver the Product to you at the place of delivery requested by you in your Order and within the delivery period indicated by us in the Order Confirmation.

7.2 We will do our best to ensure we provide you all your ordered goods, within the stock inventory of our store partners. If the occasion arrives that one of your paid/ordered products is not available, we will automatically provide you a refund via Bank Transfer,.

7.3 Upon delivery of the Product, you may be required to sign for delivery. You may contact  [email protected] in case of any faults, defects or damage to the Product upon delivery and you shall be required to provide the documents delivered with the Product as well as other details of the Order.

7.4 Please note that it might not be possible for us to deliver to some locations in which event, we will inform you using the contact details that you have provided us and arrange for either the cancellation of your Order or its delivery to an alternative delivery address which you will provide.

7.5 We shall deliver your Order in our standard packaging.

7.6 All risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to any breach of your obligations under Contract (see 7.8 below), risk shall pass at the date when delivery would have occurred if not for your breach. From the time the risk passes to you, we will not be liable for loss or destruction of the Product. Any breach of obligations by you, might impact your ability to shop on the Website in the future.

7.7 If you are not available to receive the delivery, we may leave a card or send you an email with instructions on the re-delivery of your Order.

7.8 If delivery is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the Product to you) accept delivery, we may, without having to effect any other right or remedy available to us, do either or both of the following:

a. charge you for any fee and other costs reasonably incurred by us; or

b. no longer make the Product available for delivery or collection and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to you through Bank Transfer, as may be applicable, any money already paid to us under the Contract, less our reasonable administration charges which includes the attempt to deliver and the return of the Product, and any other fees and costs we may incur.

7.9 We shall notify you if we expect that we will be unable to meet our estimated delivery period, but, except to the extent mandated by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

You acknowledge that the Products are standard and not made to fit any particular requirements that you may have.

VIII. CANCELLATION BY THE CUSTOMER BEFORE DELIVERY

If you wish to cancel your Order before we have sent you the Order Confirmation or before the Order has been dispatched, please contact our Customer Service Team on [email protected]. No cancellation fees shall be applicable 12 hours before the confirmed delivery time. However, once the Order has been dispatched it may not be cancelled. If a rescheduling is needed, you may message us at [email protected] 12 hours before the confirmed delivery time and we will assist you as best as we can. No penalties, just appreciation for giving us the heads up!

IX. PERSONAL DATA PROTECTION

Please see our Privacy Policy at  kitain.delivere.tech and click on the Privacy Policy at the bottom of the Website.

XI. DISCLAIMER OF LIABILITY

11.1 The content displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary and to the fullest extent permitted by law, KITAIN and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

XII. INDEMNITY

You agree to indemnify, defend, and hold harmless KITAIN, its directors, officers, employees, consultants, 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 this Website or your breach of the Terms and Conditions.

 

XIII. COOPERATION

You agree to indemnify, defend, and hold harmless KITAIN, its directors, officers, employees, consultants, 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 this Website or your breach of the Terms and Conditions.

13.1 KITAIN shall perform its obligations under these Terms and Conditions with reasonable skills and care.

13.2 We place great value on our Customer satisfaction. You may contact us at any time through [email protected]. We will attempt to address your concerns as soon as possible and will contact you on receipt of any relevant enquiry or complaint. In guarantee cases, the manufacturer frequently must be involved, and as such it may take longer to resolve such inquiries or complaints.

13.3 In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the Order number that we assigned to you in the Order Confirmation. In rare cases your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you. Should you not have received any response from us within five

(5) Business Days, please make further enquiries through [email protected].

XIV. CIRCUMSTANCES BEYOND OUR CONTROL (FORCE MAJEURE)

14.1 We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation:

a. Strikes, lock-outs or other industrial action;

b. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

c. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

d.Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; and

e.Impossibility of the use of public or private telecommunications networks.

14.2 In the circumstance that the Force Majeure event lasts for more than one week, you may terminate the Contract forthwith by written notice and without any Liability on our part other than a refund through store credit of the Order already paid for by you and not delivered. We also have the option of terminating the Contract, by sending a written notice to you, and by giving you a full refund through Bank Transfer of your Order which you have already paid for and which was not delivered to you.

14.3 If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of a Force Majeure event, we may decide at our absolute discretion which Contracts we will perform and to what extent.

14.4 We reserve absolute discretion on the solution we adopt in fully meeting our obligations under the Contract despite the Force Majeure Event.

XV. NOTICES

We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted online. However, continued use of the Website will be deemed to constitute acceptance of the new Terms and Conditions. Any notice under a Contract shall be given in writing through either letter or email to the relevant party at the address or email address last known to the other.

a.Notices given by post shall be deemed to have been served within two Business Days from the time the notice was sent out to the recipient’s address.

b.Any notice given by email shall be deemed to have been served within two (2) Business Days of the email being sent. In proving such service, it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or a dispatch or a delivery report was received.

15.1 All content included in or made available through our Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, campaign titles and data compilations is the property of KITAIN or its content suppliers and is protected by copyright laws. All such rights are reserved by KITAIN and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

15.2 In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Website are trademarks of KITAIN and may not be used in connection with any product or service that is not provided by KITAIN, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits KITAIN. All other trademarks not owned by KITAIN that appear on the Website are the property of their respective owners.

15.3 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

15.4 You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors. In the event KITAIN becomes aware of any infringement of its intellectual property rights, it shall not refrain from taking any relevant legal action.

15.5 If you print, copy or download any part of our Website in breach of these Terms and Conditions, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by KITAIN or its licensors.

XVI. LINKS TO THE SITE

You may link to our home page, provided you do so in a way that is legal and is not likely to damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

XVII. WAIVER

failure or delay by us or you in exercising any right under these Terms and Conditions or a ontract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions.

XVIII. SEVERABILITY

If any clause in these Terms and Conditions shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.

XIX. ASSIGNMENT

You shall not assign, transfer, novate, charge, sub-Contract, create any trust over or deal in any other manner with these Terms and Conditions or all or any of your rights or obligations under these Terms and Conditions.

XX. RELATIONSHIP

Nothing in these Terms and Conditions shall create or be deemed to create a partnership, an agency or a relationship between you and KITAIN unless otherwise provided herein.

XXI. THIRD PARTY RIGHTS

No person who is not a party to these Terms and Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions its assent to any such term.

XXII. GOVERNING LAW

These Terms and Conditions (and all non-Contractual obligations arising out of or connected to them) shall be governed and construed in accordance with the laws of the Philippines. You hereby submit to the exclusive jurisdiction of the Courts of Quezon City for any future litigation arising from these Terms and Conditions and any non-Contractual obligations arising or connected to them. All dealings, correspondence and contacts between us shall be made or conducted in the English language only

XXIII. VARIATION

We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted online. However, continued use of the Website will be deemed to constitute acceptance of the new Terms and Conditions.

When you submit an Order to the Website, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order

XXIV. INTERPRETATION

Headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions;

Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership.

XXV. FINAL PROVISION

The English text of these User Terms constitutes the sole authentic text. In the event of any discrepancy between the English text and a translation into a foreign language, the English text shall prevail.

 


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KITAIN - About us

Our goal in Kitain is to help our farmers while at the same time getting you fresh, healthy, and affordable fruits and vegetables to our customers. In behalf of our farmers and our team, we thank you for taking this step.

How we do this?

We connect directly to farmers, support them in bringing their fruits and vegetables to customers. This benefits the farmers by increasing their revenue and help them sustain their livelihood.

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