KAUAI APP – Terms & Conditions

KAUAI APP – TERMS & CONDITIONS
These terms and conditions only relate to the new Kauai mobile application.
 
1. GENERAL
KAUAI ® South Africa (Pty) Ltd (Registration Number: 1997/009392/07) (“KAUAI ® South Africa”) is launching a new mobile application (“the KAUAI ® App”).
 
1.1. “KAUAI, “we”, “us” or “our” means KAUAI Juice (Pty) Ltd and includes any of its current and/or future holding companies, subsidiaries, related and inter-related persons (as defined in section 2 of the Companies Act, 2008), or its affiliates from time to time, and is committed to protecting and respecting your privacy.”
 
1.2. These terms and conditions (“Terms and Conditions”) must be read with KAUAI ® South Africa’s website terms and conditions (“Website T&C’s”), which are available at www.KAUAI.co.za (“Website”) and any KAUAI ® South Africa promotional material utilized for campaigns available within the KAUAI ® App (“Promotional Material”), which are owned and operated by KAUAI ® South Africa. Please note that certain defined terms contained in the Website terms and conditions will be utilized and incorporated into these Terms and Conditions.
 
1.3. The terms “customer”, ‘’user’’, “you” and “your” are used interchangeably in these Terms and Conditions and refers to any individual who uses the KAUAI ® App from time to time (or intends using the KAUAI® App) and any individual who downloads the KAUAI ® App.
 
1.4. These Terms and Conditions govern the Campaign and the downloading and use of the KAUAI ® App. KAUAI ® South Africa permits the use of the KAUAI ® App subject to these Terms and Conditions, and by using the KAUAI ® App you shall be deemed to have accepted all the terms and conditions unconditionally.
 
1.5. Please read these Terms and Conditions carefully and make sure you understand them before you download or use the KAUAI ® App. Please do not download or use the KAUAI ® App if you do not agree to these Terms and Conditions.
 
1.6. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or KAUAI ® South Africa in terms of the Consumer Protection Act No 68 of 2008 (“CPA”).
 
1.7. By accepting these terms and conditions you give KAUAI® South Africa permission to contact you via SMS/email/call in the future regarding:
 
1.7.1. Rewards;
 
1.7.2. Order Ahead;
 
1.7.3. KAUAI ® Owned Delivery
 
1.7.4. Subscriptions
 
1.7.5. KAUAI ® App loyalty promotions;
 
1.7.6. Kauai Wellness
 
1.7.7. Marketing communication
 
1.7.8. Customer feedback or queries;
 
1.8. By making use of the Kauai ® App, you consent to Kauai ® South Africa making use of your personal information (as defined in the Protection of Personal Information Act 4 of 2013) and Kauai ® South Africa undertakes that your personal information will not be shared with 3rd parties.
 
1.9. The KAUAI ® App can be used in conjunction with any other special offer, promotion, discount or voucher offered in a Kauai store. However, loyalty points and cash-back can only be earned after all discounts and promotions have been applied.
 
1.10. Downloading the KAUAI ® App and completing a profile with false information constitutes fraud. A customer’s profile will be suspended and will not be eligible for any rewards or promotions from the date of suspension, which decision will be made unilaterally by the management of Kauai ® South Africa and will not be able to be reviewed or set aside.
 
1.11. Registering on the KAUAI ® App more than once from the same device to redeem offers and promotions constitutes fraud. Your profile will be suspended and you will not be eligible for any rewards or promotions from the date of suspension, which decision will be made unilaterally by the management of Kauai ® and will not be able to be reviewed or set aside.
 
1.12. The use of the KAUAI ® App promotional discounts are currently only available for redemption at all KAUAI ® South Africa Retail and In Motion (Virgin Active gym) stores.
 
1.13. The use of the KAUAI ® App promotional discounts are currently not available for use or redemption at the KAUAI® South Africa Discovery Kiosk store, Kauai Stores within School, Namibia, Botswana, Netherlands, Thailand and the UK.
 
1.14. KAUAI ® South Africa has the right to remove or disable the KAUAI ® App without prior notice.
 
1.15. KAUAI ® South Africa and Virgin Active staff are not allowed to make use of the KAUAI ® App and their staff discount. Staff members are required to decide which payment method to be used.
 
1.16. Health Disclaimer
 
1.16.1. The KAUAI App offers health and fitness information and is designed for educational and entertainment purposes only. You should consult your physician or general practitioner before engaging in Kauai Wellness activities. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician, general practitioner or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your healthcare professional because of something you may have read on the Kauai app or website. The use of information provided through the Kauai app is solely at your own risk.
 
1.16.2. Do not engage in Kauai Wellness workouts, challenges or practices if your physician or medical provider has instructed you not to engage in an exercise program. You should stop your workout and contact your physician if you experience any of the following symptoms: overheated, dizziness, fainting, fatigue, shortness of breath, or chest pain.
 
1.16.3. Research developments may impact the health and nutritional advice that appears on the Kauai app. No assurance can be given that the information contained on the Service will always include the most recent developments.
 
2. MIGRATION FROM PREVIOUS KAUAI APP TO NEW KAUAI APP
 
2.1. The previous version of the Kauai App was closed on 14 March 2022. All Customers who had registered on the old application have been migrated to the new Kauai App launched on 17 March 2022.
 
2.2. New and Existing Customers will need to complete the registration process to proceed and access the new app.
 
2.3. Existing Customers who register using the same cell phone number registered with the previous app, will have their tier status, points and wallet balance transferred to the new app and may take up to 72 hours to reflect after downloading the new app
 
2.4. Existing Customers are required to agree to these terms and conditions and provide us with their consent again to ensure we comply and respect their data and privacy.
 
2.5. If Customers do not see their tier status, points or wallet balance reflect after 72 hours, the must please contact customer care on care@kauai.co.za
 
3. WHO IS ELEGIBLE TO MAKE USE OF THE KAUAI ® APP?
 
3.1. The KAUAI ® App is open to all South African citizens over the age of 18 years and older. A customer is required to register before being able to transact in the KAUAI ® App.
 
3.2. Upon downloading the Kauai ® App, the customer guarantees that the information provided to KAUAI ® South Africa is correct, accurate and complete. Please note that in the case of limited offers, extra restrictions such as a ‘’Limit to the number of such products per order’’ may apply.
 
4. HOW TO DOWNLOAD THE NEW KAUAI APP?
 
4.1. Step 1: Get started by downloading the latest version of the KAUAI ® App on your Apple or Android mobile device;
 
4.2. Step 2: Complete your profile by inserting your name, surname, cellular number and electronic mail (“EMAIL”) address;
 
4.3. Step 3: Complete your date of birth in order to receive a birthday offer from our App loyalty programme. If a birthdate is not provided, we will not be able to issue the birthday offer in line with the rules of our loyalty programme;
 
4.4. Step 4: Agree to the KAUAI ® App Terms & Conditions;
 
4.5. Step 5: Select a 4-digit PIN to use when logging into the KAUAI ® App;
 
4.6. Step 6: Complete your profile by adding your credit/debit card details in the KAUAI ® App under ‘’My Profile’’ > ‘’Card Details’’;
 
4.7. Step 7: Follow the 3D secure process to vault your card in the KAUAI ® App. A R1 deduction will be taken off a customer’s card to verify whether a valid card has been loaded onto the KAUAI ® App. This transaction will be reversed back into a customer’s account within ten to fourteen working days.
 
4.8. Step 8: Start earning loyalty points and cash-back.
 
5. INDEMNITY
 
5.1. By accepting these Terms, the Customer agrees that the information provided to Kauai must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of their account using our services
 
5.2. The Customer is responsible for safeguarding the 4-digit PIN that they use to access the app and for any activities or actions under PIN.
 
5.3. The Customer agrees not to disclose their PIN to any third party. The Customer must notify us immediately by emailing Care@Kauai.co.za upon becoming aware of any breach of security or unauthorized use of their account.
 
5.4. The Customer may not use a name, email address or cellphone number of another person or entity when registering and using the app.
 
5.5. The Customer hereby agrees to indemnify and hold KAUAI® South Africa and its directors, employees and agents harmless from any claims, demands, losses, liabilities and expenses (including legal or medical expenses) arising out of your use of the services or products obtained through the use of the KAUAI ® App or from any KAUAI ® South Africa store.
 
5.6. The Customer will not hold KAUAI ® South Africa and its directors, employees and agents for any damages, whether direct, indirect, consequential or otherwise through any claim that may arise through use of the KAUAI ® App, the services or products of KAUAI ® South Africa.
 
6. OFFERING / SERVICES / CAMPAIGN:
 
The KAUAI ® App offers, inter alia, the following goods and services:
 
• Order Ahead / Pick-up (Click & Collect Service);
 
• KAUAI ® Owned Delivery;
 
• KAUAI ® Subscriptions;
 
• Earning Loyalty through purchase;
 
• Using the KAUAI ® App to pay;
 
• Gifting;
 
• Promotional Offers;
 
• Kauai Wellness;
 
6.1. Order Ahead / Pick-up (Click & Collect Service)
 
6.1.1. All “Order Ahead” or Pick-up orders will be treated as a takeaway order. Customers are able to enjoy their meal(s) inside a KAUAI ® South Africa store
 
6.1.2. Customers should select their store of choice to collect “’Order Ahead’’ orders from on the KAUAI ® App. Orders are limited to that day, no pre-ordering for future dates can be scheduled.
 
6.1.3. Menus are specific to each store format. Menus include the full menu of each store format as well as Kids menu and snacks. The menu on the KAUAI ® App excludes the Catering Menu.
 
6.1.4. When a customer places an order in the KAUAI ® App, funds equal to the total value of the order will be reserved against the verified card a customer has saved on their profile.
 
6.1.5. A Customer may choose to pay with either the saved card on their profile or pay using their wallet balance. Customer can also pay part wallet balance and part saved card. The customer must enter the value they wish to pay into the fields provided on the app, check that the total due has been updated accurately before processing payment.
 
6.1.6. All products for sale in the KAUAI ® App are subject to menu availability in a selected store.
 
6.1.7. Menu items vary from one store to another, depending on their store concept.
 
6.1.8. All menu items available per selected store are visible in the KAUAI ® App.
 
6.1.9. The placing of an order will happen when payment is made by a customer’s debit/credit card and the order has been confirmed on the KAUAI ® App screen
 
6.1.10. No changes to an Order Ahead / Pick-up order can be made once the final order has been submitted.
 
6.1.11. Prices in the KAUAI ® App are subject to change without notice.
 
6.1.12. KAUAI ® South Africa has made an effort to ensure that all images, nutritional information and pricing are correct at the time of launch of the KAUAI ® App. The actual colours that you see on your device for the KAUAI ® App may vary from device depending on the make.
 
6.1.13. A Customer will be charged as per the menu prices that are reflected in the KAUAI ® App, and ingredients are subject to seasonal availability.
 
6.1.14. All prices indicated in the KAUAI ® App include 15% (fifteen percent) Value Added Tax (“VAT”) as per the Value Added Tax Act 89 of 1991.
 
6.1.15. The KAUAI ® App offers nutritional information on each menu item; however, our kitchens use ingredients containing gluten, milk, celery, sesame, fish, soya, nuts and eggs which may accidentally come into contact with your meal. The Customer has read and understands that he / she indemnifies KAUAI ® South Africa from any and all liability that may arise from usage or consumption of the products of KAUAI ® South Africa.
 
6.1.16. KAUAI ® South Africa has strict food safety practices in place to avoid this, but there is a small risk of contact with these allergens.
 
6.1.17. Orders can be ordered for collection “NOW”. Please allow for order collection of to take up to 15 mins with this option.
 
6.1.18. Orders can be scheduled to be collected at store at a future time. These are available in 15 (fifteen) minutes increments.
 
6.1.19. Once a Customer arrives at a KAUAI ® South Africa store to collect their Order Ahead order, they need to supply the KAUAI ® South Africa staff members with the ORDER number provided on the order confirmation given to them on the app when the order was placed and the same name and cellphone number used with the registration process in the KAUAI ® App
 
6.1.20. Should a customer does not arrive on time to collect their Order Ahead order and they are not satisfied with the quality of the product, KAUAI ® South Africa stores cannot be held liable to make a new order.
 
6.1.21. In cases where an order is unsuccessful and has not been received by the store, KAUAI ® South Africa Customer Care Team will be in contact with a customer to complete your order and ensure that the order is fulfilled.
 
6.2. Kauai ® Owned Delivery
 
6.2.1. Kauai Owned Delivery allows customers to place orders via KAUAI ® App and get it delivered to a specified location.
 
6.2.2. Placing Kauai Delivery orders directly with Kauai is only available via the KAUAI ® App.
 
6.2.3. In order to place an order for delivery you will need to download the NEW KAUAI ® App
 
6.2.4. KAUAI ® App Delivery is only available in selected areas.
 
6.2.5. KAUAI ® App Delivery is only available between 09:30 – 18:00.
 
6.2.6. KAUAI ® App Delivery times of 09:30 – 18:00 are not the same as the official KAUAI ® South Africa store trading times listed in the KAUAI ® App.
 
6.2.7. The official store trading times listed in the KAUAI ® App can be updated or changed at any given time.
 
6.2.8. A Customer cannot call the store directly to arrange delivery nor can they place an order for delivery in the store to have the order delivered at a later time. All delivery orders must be placed via the KAUAI ® App.
 
6.2.9. A Customer will need to provide their delivery location details in the KAUAI ® App in the relevant fields to ensure that delivery takes place accordingly.
 
6.2.10. A Customer is encouraged to enable their location settings and “allow” the KAUAI ® App to find their current location to ensure the most accurate delivery details are provided to our Kauai delivery riders.
 
6.2.11. KAUAI ® App Delivery service is only available if a Customer’s delivery address provided is within a 3km radius of a KAUAI ® South Africa offering the delivery service.
 
6.2.12. Should a Customer’s delivery address not be within a 3km radius of a store offering delivery, a Customer will not be able to place a delivery order with the KAUAI ® App. The customer will however still have the option to choose “Order Ahead” and pick-up their order from a store.
 
6.2.13. Should a Customer’s current location not be accurate, KAUAI ® South Africa cannot be held liable for the delivery to an incorrect delivery address.
 
6.2.14. Once the delivery order has been placed, a customer cannot change the delivery address after the order has been placed for delivery.
 
6.2.15. The placing of a delivery order will happen when payment is made by a Customer’s debit/credit card or Wallet Balance and the order has been confirmed on the KAUAI ® App screen.
 
6.2.16. Should a Customer wish to change or cancel a delivery order (provided that preparation of the order has not commenced) it can be done by contacting the KAUAI ® South Africa Customer Care Team.
 
6.2.17. When a Customer places an order in the KAUAI ® App, funds equal to the total value of the order including a delivery fee, will be charged against the verified card a customer has saved on their profile or their Wallet Balance in the KAUAI ® App.
 
6.2.18. If the order payment is not authorised, the delivery order will not be sent through to the store to be fulfilled.
 
6.2.19. In cases where an order is unsuccessful and has not been received by the store, KAUAI ® South Africa Customer Care Team will be in contact with a customer to complete your order and ensure that the order is fulfilled.
 
6.2.20. KAUAI ® App Delivery orders are immediately placed with the store via the KAUAI ® App and cannot be scheduled for a later time.
 
6.2.21. The delivery fee can only be charged in the KAUAI ® App and no cash payments can be accepted upon the delivery of the order.
 
6.2.22. A standard delivery fee applies for every order placed in the KAUAI ® App, and will be visible upon check out.
 
6.2.23. KAUAI ® South Africa reserves the right to change the delivery fee without notice.
 
6.2.24. The delivery times indicated in the KAUAI ® App are estimated times provided by location services and therefore the actual delivery time might vary from the estimated delivery time.
 
6.2.25. Once a KAUAI ® App Delivery order has been prepared and is collected by the rider, a customer will be able to track the rider in the KAUAI ® App, by going to MY ORDERS, selecting the order and selecting “TRACK”.
 
6.2.26. Customers must be connected to internet in order to track the riders. Please note, there may be intermitted times where the rider is not able to be tracked due to connectivity issues in their area.
 
6.2.27. A Customer must ensure they are present to accept the delivery of the order at the delivery location specified in the KAUAI ® App.
 
6.2.28. KAUAI ® South Africa cannot be held responsible for any delivery orders delivered to an address that was not correct at the time of placing the order in the KAUAI ® App.
 
6.2.29. A Customer may place an order for someone else, provided the delivery details are accurate and the recipient of the order is present to receive the delivery order.
 
6.2.30. A Customer, ordering for someone else, can input the recipient details under “delivery instructions” when confirming the delivery location details in the app
 
6.2.31. A Customer must check the accuracy of the order and confirm their details provided on the customer slip attached the order, before the Kauai rider departs.
 
6.2.32. A Customer will be able to verify the Rider name and profile photograph using the tracking URL
 
6.2.33. The KAUAI ® App Delivery rider may request that a Customer confirm the order number (provided in the KAUAI ® App My Orders) their name and mobile number, before handing over the order.
 
6.2.34. If the delivery is intended for another recipient, a Customer placing the order via the KAUAI ® App, must provide the recipient with the order details.
 
6.2.35. If, during delivery of an order, a Customer (or the recipient) fail to take delivery of the order within ten (10) minutes of the delivery rider’s arrival and offering you delivery of the order, the delivery shall be aborted and the KAUAI ® App Delivery rider will return to store.
 
6.2.36. Customers who fail to take delivery within 10 (ten) minutes of the arrival of the rider, will not receive a refund for the order. The KAUAI ® South Africa store will not be held liable to make a new order.
 
6.2.37. Customer must ensure their mobile number is up to date in the KAUAI ® App to ensure:
 
6.2.37.1. The Kauai rider has the ability to call a Customer when he has arrived or cannot locate a Customer
 
6.2.37.2. KAUAI ® South Africa Customer Care can get hold of a Customer to confirm, inform or change the status of an order
 
6.2.38. The provided estimated time of arrival is a provisional delivery time and may vary from the ETA displayed on the tracking page in the app.
 
6.2.39. KAUAI ® App Delivery e-bikes are eco-friendly and are therefore weather dependant for the protection of our staff. KAUAI ® South Africa may temporarily suspend the KAUAI ® App Delivery service due to severe weather conditions at any given time.
 
6.2.40. A customer may still choose to place orders via our 3rd party delivery partners; Mr D Food and Uber Eats, however, they will not be able to do so via the KAUAI ® App and will not be eligible to earn KAUAI ® App loyalty points or 2% of their total spend (excluding delivery fee) into their Wallet Balance.
 
6.2.41. The KAUAI ® App Delivery service provided by the KAUAI ® App is subject to availability. KAUAI ® South Africa reserves the right to reject order at any time.
 
6.2.42. Access to the KAUAI ® App Delivery service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our KAUAI ® South Africa reasonable control.
 
6.2.43. Should the KAUAI ® App Delivery service be unavailable due to unforeseen circumstances or severe weather conditions and a Customer has already placed a delivery order, the store will contact a Customer to change the status of the order by means of cancelation or refunds or by allowing a Customer to collect their order the from the store. This will be addresses on a case by case basis.
 
6.3. KAUAI ® Subscriptions 
6.3.1. Kauai Subscriptions allows customers to purchase exclusive subscription deals via the KAUAI ® App.
 
6.3.2. Kauai Subscriptions are only available for purchase via the KAUAI ® App using a linked credit / debit card or wallet balance. Kauai reserves the right to end any subscription without any prior notice.
 
6.3.3. There are two types of Subscriptions available: Recurring (“Always-On”) and Limited Time Offer (LTO).
 
6.3.3.1. “Always-On” subscriptions
 
6.3.3.1.1. “Always-On” subscriptions are set to auto-renew payment.
 
6.3.3.1.2. This means that a recurring payment will be charged to the Customer based on the subscription terms
 
6.3.3.1.3. A Customer can cancel their subscription at any time by going into subscriptions, selecting “Manage my Subscriptions” and then, selecting “Cancel Subscription”.
 
6.3.3.1.4. The Customer will be able to use the services included in the Subscription until the end of that subscription cycle.
 
6.3.3.1.5. A Customer can renew / re-purchase a subscription at any time.
 
6.3.4. “Limited Time Offer” subscriptions
 
6.3.4.1.1. “Limited Time Offer” subscriptions are available for a certain period or for purchase once off only (without auto renewal).
 
6.3.4.1.2. Once a subscription has been redeemed, expired or the subscription period has come to an end, a Customer may be able to purchase another subscription offer, if it is available for purchase again.
 
6.3.5. In order to purchase a subscription, a Customer must have:
 
6.3.5.1.1. the latest version of the Kauai App downloaded
 
6.3.5.1.2. a credit/debit card linked to their active profile or
 
6.3.5.1.3. a positive wallet balance to cover the cost of the full subscription
 
6.3.5.1.4. Should a customer not have enough wallet balance to cover the full purchase amount, the remaining amount due, will be deducted from their linked debit/credit card.
 
6.3.6. A Customer will be able to purchase one of each subscription, subject to the availability of the subscription. In some cases, a Customer may only be allowed to purchase one subscription per subscription period. This will be indicated on each subscription offer where it clearly states how many times a single subscription may be purchased.
 
6.3.7. Each subscription provides a Customer with information about the subscription such as:
 
6.3.7.1. The subscription benefits and which menu items are included in the offer
 
6.3.7.2. Price
 
6.3.7.3. Availability (how many can be purchased per customer)
 
6.3.7.4. Number of redemptions allowed hourly, daily or monthly (if applicable)
 
6.3.7.5. Validity period and expiry date of the subscription
 
6.3.7.6. Exclusions or special rules
7.
6.3.8. Customers will not earn 2% cash-back on the purchase of subscriptions. Only tier points will be earned. Customers will also not earn points or cash-back on the redemption of their subscriptions.
6.3.9. KAUAI ® App Subscriptions cannot be purchased in store, via our website or via any 3rd party apps or service providers. This is an exclusive KAUAI ® app offering.
6.3.10. Subscriptions can be redeemed as follows when using the KAUAI ® App to:
6.3.10.1. Order ahead (Click and Collect in store)
6.3.10.2. Place an order for KAUAI owned delivery
6.3.10.3. Pay in store with a linked credit/debit card in store
6.3.10.4. Pay in store with wallet balance in store
6.3.10.5. Scan to earn loyalty in store
6.3.11. In order to redeem your subscription for order ahead or KAUAI owned delivery, a Customer must have a linked credit/debit card OR positive wallet balance. The following process applies when redeeming a subscription
6.3.12. For Order Ahead / Pick-up or delivery orders placed via the app:
6.3.12.1. A customer must add the relevant and qualifying item to their Cart. Once the Cart is confirmed, a Customer will be required to select the Subscription offer they wish to apply to their order. Once a subscription is selected it and applied to the order, complete the transaction by selecting a payment method. This is to ensure that any additional items, not included in the subscription offer, will be paid for.
6.3.12.2. The transaction will not be processed if there is no linked credit/debit card or available wallet balance.
6.3.12.3. Once payment is processed, the subscription will be allocated to the total purchase as a discounted line item. The Customer will not be charged for the qualifying product linked to the Customer’s purchased subscription. This is clearly indicated on the payment type page of the app.
6.3.12.4. Any items not included in the subscription will not be discounted from the total transacted and will be charged to the Customer via the chosen payment method.
6.3.13. In order to redeem your subscription in store, a Customer must:
6.3.14. Inform the Cashier when paying that they wish to redeem their subscription
6.3.15. Open the latest version of the app, select “Subscriptions”, select “My Subscriptions” and open the subscription they wish to use. Scan the QR code to redeem the Subscription. All Subscription vouchers must be scanned first before continuing to pay for your order.
6.3.16. Redeeming multiple offers in one transaction
6.3.17. A customer may at any given time scan multiple vouchers valid in the app. All vouchers must be scanned first, before final payment is made in the app.
6.3.18. Customer purchases a coffee subscription which includes two short hot drinks to be redeemed a day and also has a
6.3.19. The subscription is valid immediately from the day of purchase. The day you purchase the subscription is classified as day one, irrespective of the time of day it is purchased. However, it will only be able to be redeemed during store trading hours.
6.3.20. Unused subscriptions will expire and no longer be valid. Any subscription vouchers that are unredeemed will expire based on the daily/weekly/monthly rules set out by the purchased subscription. Any unused subscription vouchers will not be carried over and will expire. They will no longer be available to redeem and will be forfeited.
6.3.21. On the last valid day of any subscription, the last remaining voucher will expire at midnight. For example, if a subscription is valid until 2 July, the voucher will expire at 12:00am on 2 July (11:59:59). The last chance to redeem any subscription voucher will be when store accepts the last order for the day, before the store closes.
6.3.22. Kauai Subscriptions are only available at selected stores where the menu item being purchased and redeemed as part of the subscription offer, is available on the menu at the selected store. A Customer will not be able to redeem a subscription if a store does not offer those items included as part of the subscription offer.
6.3.23. Please note, when redeeming your subscription using Kauai Delivery, the delivery fee of R10 will be charged to the Customer.
Please find all the subscription offer details in the last section of these terms and conditions
 
6.4. Earning Cash-back and Loyalty points:
6.4.1. With every purchase made in the KAUAI ® App, a Customer will be rewarded with 2% (two percent) of their total spend back into their Wallet Balance. For example: Spend R100 and receive R2 back in your Wallet Balance (except when transacting with a Gift card amount received);
6.4.2. Customers will not earn cash-back when purchasing a subcription
6.4.3. The 2% (two percent) loyalty cash-back reflects immediately in a customer’s Wallet Balance in the KAUAI® App;
6.4.4. A customer’s Loyalty Wallet balance earned will not expire (This excludes any gift cards refer to section 3.4.4.).
6.4.5. With every purchase made in the KAUAI ® App, a customer will receive 1 (one) loyalty point per Rand-value spent through the KAUAI ® App
6.4.6. A customer will NOT receive loyalty points transacting with a Gift card amount received, or earn loyalty points on the Delivery fee.
6.4.7. Customers may from time to time earn additional points for completing other activities in the app such as completing surveys, completing workouts or challenges. These are at the discretion of Kauai
6.4.8. Each loyalty point will contribute to a Customer’s tiered status in the KAUAI ® App. For example: Spend R55 and receive 55 loyalty points;
6.4.9. The KAUAI® App loyalty programme includes the following three loyalty status tiers: Green> Gold> Black. With Black status being the highest loyalty tier;
6.4.10. When customers download the Kauai App they are automatically on Green status. By transacting through the App customers will earn loyalty points and move from one tier to the next (Green- then Gold- then Black).
6.4.11. Tiered status points cannot be used as a payment method and is only an indication of a Customer’s loyalty status in the KAUAI ® App;
6.4.12. Each status tier offers a specific set of reward benefits that will be issued to a Customer.
6.4.13. Customers earn points for each transaction. Loyalty points are accumulated on an annual basis from 01 January to 31st December. Loyalty points are the driver for the tier status.
6.4.14. At the start of every year, your loyalty points reset to zero (0) but you still keep the rewards and status level that you earned the previous year.
6.4.15. Loyalty points will reset to zero on the 01st of January 00:00 each year in the App.
6.4.16. On 1 January the loyalty points will reflect as zero until the customer starts transacting
 
6.5. Using the KAUAI ® App to pay:
6.5.1. Two options of payment exist in the KAUAI ® App, namely: Pay with Saved Card/ Pay with Wallet Balance.
6.5.2. Pay with Saved Card – a Customer needs to add in valid debit/credit card details in order to transact with this payment function in the KAUAI® App.
6.5.3. Pay with Wallet Balance – a Customer can use their Wallet Balance for partial payment or full payment. This payment method would largely depend on the amount of Wallet Balance available in a customer’s KAUAI ® App.
6.5.4. It is the responsibility of a KAUAI ® App user to protect and keep their login details secure. KAUAI ® South Africa cannot accept liability for any damages suffered or losses incurred from the unauthorized use of the KAUAI ® App by another user.
6.5.5. KAUAI ® South Africa cannot be held responsible for lost or stolen card information.
6.5.6. KAUAI ® South Africa is entitled to withhold processing an order until such time authorisation is obtained for the ordered amount. Should KAUAI ® South Africa not receive authorisation, a customer’s order for the food will be cancelled and the order will not be processed.
6.6. Gifting:
Customers are able to send gift vouchers to their friends and family with the KAUAI ® App. There are 3 types of GIFTS available to send to a recipient(s):
• Gift Wallet Balance
• Gift a Kauai Fave
• Gift A Subscription
6.6.1. Gift Wallet Balance: Customers are able to send a monetary amount to a recipients App wallet balance.
6.6.1.1. The minimum gift amount voucher that can be sent is R20 (twenty rand) with R10 (ten rand) increments.
6.6.1.2. The maximum gift amount voucher that can be gifted is R500 (five hundred rand).
6.6.1.3. Gift cards shared are valid for 3 (three) years. Should a customer not use it within this time, the in-app Gift card will expire.
6.6.1.4. A Customer earns 2% (two percent) loyalty cash-back in their Wallet Balance with every gift card purchase and 1 (one) loyalty point per rand value spent towards their loyalty status. When a customer sends the gift card to another recipient, the recipient will not earn cash-back or loyalty points on the gifted amount used when transacting with the KAUAI ® App.
6.6.1.5. In order to send a gift card to a recipient, the contact details of the recipient need to be saved to the customer’s mobile phone.
6.6.1.6. The Customer (Sender) must send it to a recipient who already has the Kauai App. In the case where the recipient does not have the Kauai App,
6.6.1.7. The recipient will receive a Short Message Service (“SMS”) with the gift card amount with a link to download the Kauai App. Customers can only redeem this gift card (or any Kauai gift card or voucher) using the Kauai App.
6.6.1.8. The recipient of these vouchers will be able to access these vouchers in “My Gifts”. However, the wallet balance will be automatically updated to reflect the amount gifted to them and the user will not need to open the gift card to redeem it.
6.6.1.9. The sender (Customer) will be able to view all sent vouchers in “My Gifts” and “Sent Gifts”.
6.6.2. Gift Kauai Fave: Customers are able to send Kauai product vouchers to recipients who have the Kauai App. These vouchers are purchased as a gift
6.6.2.1. These vouchers are valid for 3 years and are valid once off. These vouchers will expire when redeemed or after 3 years.
6.6.2.2. The recipient of these vouchers will be able to access these vouchers in “My Vouchers” and use them in the same manner as a promotional voucher/offer.
6.6.2.3. The sender (Customer) will be able to view all sent vouchers in “My Gifts” and “Sent Gifts”.
6.6.2.4. All substitutions or add-ons will be charged at full menu price.
6.6.2.5. Where possible, customers can upsize from a small to a large and will be required to pay the difference
6.6.2.6. If a customer has a valid voucher for a large item but wishes to order a small size product, no change will be given to the customer.
6.6.2.7. These voucher s are only valid against the original purchase price of the item from the date it was purchased.
6.6.2.8. Kauai reserves the right to update pricing of the item on the Kauai menu panel per season.
6.6.2.9. Kauai also reserves the right to discontinue the menu item, in such case, the customer must contact customer care.
6.6.3. Gift Kauai subscription: Customers are able to gift a subscription to recipients who have the Kauai App.
6.6.3.1. These vouchers are valid for the duration of the subscription or until the Customer decides to cancel / stop payment of the subscription. The recipient can also cancel the subscription gifted to them.
 
6.7. Promotional Offers:
6.7.1. Promotions are only redeemable at participating KAUAI ® South Africa stores. KAUAI ® South Africa has the right to amend or stop any promotion at any time.
6.7.2. Promotional offers will be visible under the ‘My Vouchers’’ tab (located on the homepage) in the KAUAI ® App.
6.7.3. KAUAI ® South Africa cannot be held liable for lost or expired promotional vouchers. It is a Customer’s responsibility to take note of the validity of a promotional offers or voucher.
6.7.4. Promotional offers may vary from store to store, depending on the store’s menu availability.
6.7.5. Promotional offers cannot be exchanged or refunded for cash or credit in any KAUAI ® South Africa store.
6.7.6. Should a Customer want to revoke/cancel an order after a promotional voucher has been selected/redeemed in a store through the KAUAI® App, the voucher will be lost and processed as redeemed. KAUAI ® South Africa cannot be held liable for any changes that are made after a promotional voucher has been selected/redeemed.
6.7.7. When using vouchers in store: customer must select the voucher they want to redeem by going to “My Vouchers” and opening the voucher they want to use. Customers my scan the QR code of the voucher for the offer to redeem. Customers must scan all vouchers first before processing the payment
6.7.8. When using a voucher for in-app orders for Order Ahead / Pick-up or delivery: customers must select the voucher during the checkout process and apply it to their order before payment.
6.7.9. Vouchers do not automatically redeem at checkout, Customers must scan the voucher in store or apply it to their order in the app.
6.7.10. Customers can use more than one voucher in a single transaction and must therefore scan each voucher individually if in store or select multiple vouchers when ordering via the app during the checkout process.o be able send a birthday message via the KAUAI® App inbox function. DOB is also used to generate tiered birthday rewards in line with the KAUAI ® App’s core functionality;
7. DATA COLLECTION & STORAGE:
7.1.1. KAUAI ® South Africa collects the following data with customer registration in the KAUAI ® App:
7.1.1.1. A valid customer mobile contact number to enable the Customer to receive a One Time Pin (“OTP”) for secure account registration/validation;
7.1.1.2. A customer’s valid date of birth (“DOB”) to be able send a birthday message via the KAUAI® App inbox function. DOB is also used to generate tiered birthday rewards in line with the KAUAI ® App’s core functionality;
7.1.1.3. KAUAI ® South Africa will not share personal data with any other parties without consent or permission;
7.1.1.4. Collected personal data through the KAUAI ® App, will be used to improve a customer’s app experience and serve as a way of direct communication with a KAUAI ® App customer.
 
8. CELLULAR DATA
8.1. The KAUAI ® App will use the cellular network and or Wi-Fi Connection of a customer’s mobile device to allow a customer to access to the KAUAI ® App services.
8.2. KAUAI ® South Africa cannot be held responsible for any interruption or disconnection of a customer’s cellular network.
8.3. KAUAI ® South Africa cannot be held responsible for any additional cellular charges occurred through the use of the KAUAI ® App.
 
9. LIMITATIONS
9.1. KAUAI ® South Africa and Virgin Active staff are not allowed to make use of the KAUAI ® App and their staff discount. Staff members are required to decide which payment method to be used.
 
10. REFUNDS
10.1. When a Customer loads a valid credit/debit card onto the KAUAI ® App, a R1 (one rand)
deduction is used verify whether a customer has loaded valid banking details. The R1 (one rand) payment will be reversed within 7 (seven) – 10 (ten) working days back into a customer’s credit/debit card from the deduction date.
The KAUAI ® South Africa Customer Care can only resolve refunds during working hours from Monday to Friday 9am – 5pm.
 
11. LINKS TO THIRD PARTIES
11.1. The KAUAI ® App may partner with third party service providers or product suppliers. Please note that different terms of use and privacy policies may apply to your use of such third-party services and content.
11.2. KAUAI ® South Africa will not be responsible or held liable for any product or services of such third-party providers.
**12. EVENTS BEYOND REASONABLE CONTROL**
12.1. KAUAI ® South Africa will be not held responsible for any delay or failure to perform or comply with our obligations under the KAUAI® App Terms and Conditions when the delay or failure arises from any event which is beyond KAUAI ® South Africa’s reasonable control, which could not be reasonably foreseen, prevented or occurred beyond KAUAI ® South Africa (also referred to as an “Act of God”).
13. APPLICABLE LAW & JURISDICTION
13.1. KAUAI ® App Terms and Conditions shall be governed by the laws of the Republic of South Africa. By agreeing to the KAUAI ® App Terms and Conditions, a customer and KAUAI ® South Africa hereby submits to the non-exclusive jurisdiction of the South African courts.
14. KAUAI ® CARE
14.1. KAUAI ® South Africa would like to ensure all of its customers are happy with their experience at any KAUAI ® South Africa store. Should a customer experience any problem with their products or services received at any KAUAI ® South Africa store, we would like to know about it. Please let us know by telephone or email as soon as possible after the occurrence of any incident. For any questions regarding the KAUAI ® App or Terms or Conditions, please get in contact at care@kauai.co.za or 087 057 8910.
15. APP LAUNCH PROMOTIONS & OFFER
15.1. Launch Offer – Free 350ml smoothie
15.1.1. Customers get 1 FREE 350ml smoothie when they download the Kauai App.
15.1.2. This offer is valid on any small (350ml) smoothie on the menu.
15.1.3. This offer is available to anyone who downloads the app before 15 April 2022. The offer is valid for 30 days only and is limited to 1 transaction per customer. If unredeemed, it will expire.
15.1.4. All substitutes, add-ons and delivery fees will be charged for at full menu price.
15.1.5. To use this offer in store, simply open the voucher in the ‘My Vouchers’ section in the app, open the offer and scan the QR code prior to making payment. To use this offer for pick-up or delivery orders, add the qualifying items to your basket. Select and apply this voucher at checkout.
15.1.6. If a voucher is not scanned or applied at checkout, the discount will not apply. Visit our website for full T&Cs.
15.2. Welcome Offer – 25% off a small 350ml smoothie
15.2.1. This offer is valid on any small (350ml) smoothie on the Kauai menu.
15.2.2. This offer is valid for 14 days from the day you download the app and is limited to 1 transaction per customer of a small smoothie made using the Kauai app for in store, pick up or delivery orders. If unredeemed, it will expire.
15.2.3. All substitutes, add-ons and delivery fees will be charged for at full menu price. To use this offer in store, simply open the voucher in the ‘My vouchers’ section in the app, open the offer and scan the QR code prior to making payment.
15.2.4. To use this offer for pick-up or delivery orders, add the qualifying items to your basket. Select and apply this voucher at checkout.
15.2.5. If a voucher is not scanned or applied at checkout, the discount will not apply. View our full Ts &Cs on our website.
15.3. Welcome Offer – 100 points
15.3.1. Customers receive 100 welcome points when they download the Kauai App. These Points will reflect within 72 hours of downloading the Kauai App.
**15.4. Subscription Launch Offers: 5 wraps for R249 **
15.4.1.1. Customers get 5 wraps for R249
15.4.1.2. One redemption of this subscription voucher is allowed per day
15.4.1.3. This Subscription offer will end after 1 month.
15.4.1.4. The last available purchase date will be on the 14th April 2022 and the last redemption will be on the 14th May 2022.
15.4.1.5. Customer has to pay a minimum of 1 month but can also cancel before the end of the first month.
15.4.1.6. All wraps on the Kauai menu are included in this promo
15.4.1.7. If a low carb/ gluten free wrap is chosen, customer will be charged R14
15.4.1.8. Any additions will be charged in full
15.4.1.9. Customers can only purchase 1 subscription of the same type. Unredeemed subscription vouchers will not be carried over.
15.5. Subscription Launch Offers: 4 Smoothies for R99
15.5.1.1. Customers get 4 Smoothies for R99
15.5.1.2. One redemption of this subscription voucher is allowed per day
15.5.1.3. This Subscription offer will end after 1 month.
15.5.1.4. The last available purchase date will be on the 14th April 2022 and the last redemption will be on the 14th May 2022.
15.5.1.5. Customer has to pay a minimum of 1 month but can also cancel before the end of the first month.
15.5.1.6. All small (350ml) smoothies are available on this promo
15.5.1.7. If a large smoothie is ordered, the subscription will not be applied
15.5.1.8. Unredeemed vouchers will not be carried over
 
 

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