KAUAI APP – TERMS & CONDITIONS
These terms and conditions only relate to the new Kauai mobile application.
TERMS AND CONDITIONS
1.1 KAUAI ® South Africa (Pty) Ltd (Registration Number: 1997/009392/07) (“KAUAI ® South Africa”) is launching a new mobile application (“the KAUAI ® App”).
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:
1.8 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, Reddam School stores, Namibia, Botswana or Netherlands.
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.
2.1 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.
2.2 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.
2.1. How to download the KAUAI® App?
2.1.1 Step 1: Get started by downloading the latest version of the KAUAI ® App on your Apple or Android mobile device;
2.1.2 Step 2: Complete your profile by inserting your name, surname, cellular number and electronic mail (“EMAIL”) address;
2.1.3 Step 3: Complete your date of birth, gender and confirm whether you are a member of any of our partners;
2.1.4 Step 4: Agree to the KAUAI ® App Terms & Conditions;
2.1.5 Step 5: Select a 4-digit PIN to use when logging into the KAUAI ® App;
2.1.6 Step 6: Complete your profile by adding your credit/debit card details in the KAUAI ® App under ‘’My Profile’’ > ‘’Card Details’’;
2.1.7 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.
2.1.8 Step 8: Start earning loyalty points and cash-back.
2.2.1 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.
2.2.2 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.
The KAUAI ® App offers, inter alia, the following goods and services:
3.1 Order Ahead / Pick-up (Click & Collect Service);
3.2 KAUAI ® Owned Delivery
3.3 KAUAI ® Subscriptions & Meal Plans
3.4 Earning Loyalty through purchase
3.5 Using the KAUAI ® App to pay
3.7 Promotional Offers
3.8 Earning KAUAI loyalty through Mr D Foods
3.1. Order Ahead / Pick-up (Click & Collect Service):
3.1.1 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.
3.1.2 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.
3.1.3 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.
3.1.4 No catering can be ordered through the KAUAI ® App, catering orders need to be placed forty-eight hours in advance directly with a Kauai store.
3.1.5 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.
3.1.6 All products for sale in the KAUAI ® App are subject to menu availability in a selected store.
3.1.7 Menu items vary from one store to another, depending on their store concept.
3.1.8 All menu items available per selected store are visible in the KAUAI ® App.
3.1.9 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.
3.1.10 No changes to an Order Ahead order can be made once the final order has been submitted.
3.1.11 Prices in the KAUAI ® App are subject to change without notice.
3.1.12 KAUAI ® South Africa has made an effort to ensure that all images 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.
3.1.13 A Customer will be charged as per the menu prices that are reflected in the KAUAI ® App, and ingredients are subject to seasonal availability.
3.1.14 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.
3.1.15 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.
3.1.16 KAUAI ® South Africa has strict food safety practices in place to avoid this, but there is a small risk of contact with these allergens.
3.1.17 On my way (10-20mins): Please allow for order collection of to take up to 20 mins with this option.
3.1.18 Customers have the option to select their collection times in 15 (fifteen) minutes increments.
3.1.19 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 same name and cell phone number as used with the registration process in the KAUAI ® App.
3.1.20 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.
3.2 Kauai ® Owned Delivery
3.2.1 Kauai Owned Delivery allows customers to place orders via KAUAI ® App and get it delivered to a specified location.
3.2.2 Placing Kauai Delivery orders directly with Kauai is only available via the KAUAI ® App.
3.2.3 In order to place an order for delivery you will need to download the latest version of the KAUAI ® App (version 4.0 and later versions of the KAUAI ® App updates).
3.2.4 KAUAI ® App Delivery is only available in selected areas.
3.2.5 KAUAI ® App Delivery is only available between 09:30 – 18:00.
3.2.6 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.
3.2.7 The official store trading times listed in the KAUAI ® App can be updated or changed at any given time.
3.2.8 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.
3.2.9 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.
3.2.10 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.
3.2.11 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.
3.2.12 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.
3.2.13 Should a Customer’s current location not be accurate, KAUAI ® South Africa cannot be held liable for the delivery to an incorrect delivery address.
3.2.14 Once the delivery order has been placed, a customer cannot change the delivery address after the order has been placed for delivery.
3.2.15 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.
3.2.16 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.
3.2.17 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.
3.2.18 If the order payment is not authorised, the delivery order will not be sent through to the store to be fulfilled.
3.2.19 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.
3.2.20 KAUAI ® App Delivery orders are immediately placed with the store via the KAUAI ® App and cannot be scheduled for a later time.
3.2.21 The delivery fee can only be charged in the KAUAI ® App and no cash payments can be accepted upon the delivery of the order.
3.2.22 A standard delivery fee applies for every order placed in the KAUAI ® App, and will be visible upon check out.
3.2.23 KAUAI ® South Africa reserves the right to change the delivery fee without notice.
3.2.24 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.
3.2.25 Once a KAUAI ® App Delivery order has been prepared and is collected by the rider, a customer will receive an SMS including a URL to a mobile webpage to track their order and the KAUAI ® App rider. The SMS is sent when the Rider has left the store or a prior delivery and is on route.
3.2.26 The timing of the SMS being sent to a Customer and the accuracy of the tracking URL may at times be affected by a break in internet connectivity and therefore cause a delay or access to the tracking page.
3.2.27 A Customer must ensure they are present to accept the delivery of the order at the delivery location specified in the KAUAI ® App.
3.2.28 KAUAI ® South Africa cannot be held responsible for any delivery orders delivered to a address that was not correct at the time of placing the order in the KAUAI ® App.
3.2.29 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.
3.2.30 A Customer, ordering for someone else, can input the recipient details under “special instructions, when confirming the delivery location details in the app
3.2.31 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.
3.2.32 A Customer will be able to verify the Rider name and profile photograph using the tracking URL
3.2.33 The KAUAI ® App Delivery rider may request that a Customer confirm the order number (provided in the KAUAI ® App inbox), their name and mobile number, before handing over the order.
3.2.34 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.
3.2.35 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.
3.2.36 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.
3.2.37 A Customer must ensure their mobile number is up to date in the KAUAI ® App to ensure:
220.127.116.11 The tracking SMS is sent to the correct mobile number
18.104.22.168 The Kauai rider has the ability to call a Customer when he has arrived or cannot locate a Customer
22.214.171.124 KAUAI ® South Africa Customer Care can get hold of a Customer to confirm, inform or change the status of an order
3.2.38 The provided estimated time of arrival is a provisional delivery time and may vary from the ETA displayed on the tracking URL
3.2.39 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.
3.2.40 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.
3.2.41 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.
3.2.42 The instore Catering menu is not available on the KAUAI ® App Delivery service.
3.2.43 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.
3.2.44 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.
3.3. KAUAI ® Subscriptions & Meal Plans
3.3.1 Kauai Subscriptions & Meal Plans allows customers to purchase exclusive subscription deals via the KAUAI ® App.
3.3.2 Kauai Subscriptions & Meal Plans 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.
3.3.3 In order to purchase a subscription, a Customer must have:
126.96.36.199 the latest version of the Kauai App downloaded (version 4.4)
188.8.131.52 a credit/debit card linked to their active profile or
184.108.40.206 a positive wallet balance to cover the cost of the full subscription
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.
3.3.4 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.
3.3.5. Subscriptions are not automatically renewed, nor will any recurring payments be required. 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.
3.3.6 Each subscription provides a Customer with information about the subscription such as:
220.127.116.11 The subscription benefits and which menu items are included in the offer
18.104.22.168 Availability (how many can be purchased per customer)
22.214.171.124 Number of redemptions allowed hourly, daily or monthly (if applicable)
126.96.36.199 Validity period and expiry date of the subscription
188.8.131.52 Exclusions or special rules
3.3.7 Once a subscription is purchased, a Customer will receive an in-app notification of the purchase and be able to view the purchase in “Transaction History” on the drop down menu in the app, as well as, under “My Purchases” in the Subscriptions and Meal Plans section in the KAUAI ® app.
3.3.8 Once a Customer purchases a subscription offer that is limited to one per customer, the subscription offer will no longer be visible in the app for purchase until it becomes available again for purchase.
3.3.9 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.
3.3.10 KAUAI ® App Subscriptions & Meal plans cannot be purchase in store, via our website or via any 3rd party apps or service providers. This is an exclusive KAUAI ® app offering.
3.3.11 Subscriptions can be redeemed as follows when using the KAUAI ® App to:
184.108.40.206 Order ahead (Click and Collect in store)
220.127.116.11 Place an order for KAUAI owned delivery
18.104.22.168 Pay in store with a linked credit/debit card in store
22.214.171.124 Pay in store with wallet balance in store
126.96.36.199 Scan to earn loyalty in store
3.3.12. 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:
188.8.131.52. A customer must add the relevant and qualifying item to their Cart. Once the Cart is confirmed, a Customer will be required to 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.
The transaction will not be processed if there is no linked credit/debit card or available wallet balance.
184.108.40.206. Should a Customer have no additional items in their Cart and has only selected the qualifying items linked to a specific subscription, the Customer will still be required to complete the payment process by selecting a payment method (linked credit/debit card or wallet balance).
220.127.116.11. 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.
18.104.22.168 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.
3.3.13. In order to redeem your subscription in store, a Customer must:
22.214.171.124 Inform the Cashier when paying that they wish to redeem their subscription
126.96.36.199 Open the latest version of the app, select “Pay/Earn” and select “Just earn Loyalty” or continue to use the app to Pay, should other items need to be purchased.
188.8.131.52 There are no additional voucher codes to show the cashier
3.3.14 Redeeming multiple offers in one transaction
A customer may at any given time have multiple vouchers valid in the app which are the same or of equal value as the subscription purchased.
184.108.40.206 Customer purchases a coffee subscription which includes two short hot drinks to be redeemed a day and also has a birthday reward for one free short hot drink
Both are valid. One of these vouchers will be automatically redeemed when one short hot drink is purchased via the app.
The app will select and automatically redeem the voucher based on the following criteria:
This means, that if the birthday voucher is going to expire in 2 days’ time, but the subscription for the hot drink is valid for another 20 days, it will redeem the birthday voucher first.
However, if the customer orders 2 coffees at the same time and both the birthday and subscription offers are valid, both offers will be redeemed.
3.3.15 A Subscription may be valid for a specific period of time (e.g. 30 days) OR it may be valid based on the number of redemptions allowed.
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.
3.3.16 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.
3.3.17 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.
3.3.18 Please note: Kauai Subscriptions & Meal Plans 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.
3.3.19 Please note, when redeeming your subscription using Kauai Delivery, the delivery fee of R10 will be charged to the Customer.
Please note all 30-day Kauai subscriptions will no longer be available to purchase from 15 September 2021. The 15-day smoothie subscription will be available to purchase until 1 October 2021
3.3.20 Launch campaign Terms & Conditions:
In addition to the terms stipulated above, the following terms and conditions apply to the following four subscription offers launched on 1 March 2021 and valid until midnight 1 October 2021.
3.3.20. 2 Smoothies for a month (Now Ended)
220.127.116.11 Smoothies for 15 days
18.104.22.168 Wrap It Up (Now Ended)
3.3.20 Subscriptions cannot be cancelled or refunded once purchased.
3.3.21 Delivery fees will be charged on all orders including when a subscription is redeemed.
3.3.22 KAUAI ® South Africa reserves the right to end, cancel, and alter the subscription rules at any given time.
3.4. Earning Cash-back and Loyalty points:
3.4.1 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);
3.4.2 The 2% (two percent) loyalty cash-back reflects immediately in a customer’s Wallet Balance in the KAUAI® App;
3.4.3 A customer’s Loyalty Wallet balance earned will not expire (This excludes any gift cards refer to section 3.4.4.).
3.4.4 With every purchase made in the KAUAI ® App, a customer will receive 1 (one) loyalty point per Rand-value spent through the KAUAI ® App
3.4.5 A customer will not receive loyalty points transacting with a Gift card amount received or earn loyalty points on the Delivery fee.
3.4.6 Each loyalty point will contribute to a Customer’s tiered status in the KAUAI ® App. For example: Spend R55 and receive 55 loyalty points;
3.4.7 The KAUAI® App loyalty programme includes the following three loyalty status tiers: Green> Gold> Black. With Black status being the highest loyalty tier;
3.4.8 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).
3.4.9 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;
3.4.10 Each status tier offers a specific set of reward benefits that will be issued to a Customer.
3.4.11 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.
3.4.12 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.
3.4.13 Loyalty points will reset to zero on the of the 01st of January 00:00 each year in the App.
3.4.14 On 1 January the loyalty points will reflect as zero until the customer starts transacting
3.5. Using the KAUAI ® App to pay:
3.5.1 Two options of payment exist in the KAUAI ® App, namely: Pay with Saved Card/ Pay with Wallet Balance.
3.5.2 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.
3.5.3 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.
3.5.4 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.
3.5.5 KAUAI ® South Africa cannot be held responsible for lost or stolen card information.
3.5.6 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.
3.6.1 Customers are able to send gift vouchers to their friends and family with the KAUAI ® App.
3.6.2 The minimum gift amount voucher that can be send is R20 (twenty rand) with R10 (ten rand) increments.
3.6.3 The maximum gift amount voucher that can be gifted is R250 (two hundred and fifty rand).
3.6.4 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.
3.6.5 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.
3.6.6 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.
3.6.7 The recipient will receive a Short Message Service (“SMS”) with the gift card amount in the form of a wiCode, with an instruction to download the KAUAI ® App. If a recipient is already a KAUAI ® App user, the gifted amount will automatically appear in the recipient’s Wallet Balance.
3.6.8 Gifting transactions is limited to two transactions, per customer per day.
3.7. Promotional Offers:
3.7.1 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.
3.7.2 Promotional offers will be visible under the ‘’Kauai Offers’’ tab (located under the main menu) in the KAUAI ® App.
3.7.3 Promotional vouchers are limited to one per Customer per transaction. This cannot be used in conjunction with any other partner offer.
3.7.4 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.
3.7.5 Promotional offers may vary from store to store, depending on the store’s menu availability.
3.7.6 Promotional offers cannot be exchanged or refunded for cash or credit in any KAUAI ® South Africa store.
3.7.7 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.
3.8. Earning KAUAI loyalty through Mr D Foods
3.8.1 KAUAI ® App members can now earn 2% cashback and points when ordering Kauai through the Mr D Food app.
3.8.2 Customers must have downloaded and registered on both the latest version of the Mr D Foods App and KAUAI ® App.
3.8.3 In order to earn 2% cashback and points on an order at Kauai in the Mr D Food App, KAUAI ® App members must link their KAUAI ® App using their cell phone number that is registered with the KAUAI ® App in the Mr D Food App.
3.8.4 Customers can link their KAUAI ® App to the Mr D Foods App by adding their cell phone number on the “order review” screen under “Earn Kauai Loyalty” when placing your order.
3.8.5 This cell phone number must be the exact same cell phone number used to register and login to the KAUAI ® App. It is the Customers’ responsibility to ensure the correct cell phone number is entered, prior to completing the order.
3.8.6 In compliance with POPI, your cell phone number will only be used to recognise a Customer as a KAUAI ® App user in order to issue the loyalty due to the Customer. A Customer’s cell phone number will not be shared with Mr D Foods and will not be used for any marketing or any further processing or analysis by Mr D Foods.
3.8.7 Customers can only earn loyalty from Kauai and Mr D Food if they have the latest KAUAI ® App and Mr D Food App installed.
3.8.8 Should a Customer have no KAUAI ® App profile, they must first download the latest version of the KAUAI ® App and complete the registration process. The cell phone number used to register on the KAUAI ® App must match the cell phone number used to link and earn Kauai loyalty in the Mr D App.
3.8.9 Loyalty points and cashback cannot be earned for past orders.
3.8.10 Loyalty points and cashback will only be earned on the total Food Value purchased. This means loyalty points and cashback will only be earned on the Food Value which excludes service fees and delivery fees and is the total after any promotions or discounts are deducted.
3.8.11 Once a successful order is placed, the Customer’s earned loyalty points and Cashback will display in the KAUAI ® App.
3.8.12 The cashback earned will be available in the KAUAI ® App as wallet balance
3.8.13 Customers will not be able to spend their wallet balance on the Mr D Foods App. The cashback earned is only available to spend at Kauai stores or via the KAUAI ® App.
3.8.14 Should a Customer’s cell phone number change, it is the responsibility of the Customer to update both the KAUAI ® App and Mr D Food App with their new cell phone number to continue to earn loyalty from Mr D Food.
3.8.15 Should a Customer experience any issues relating to earning cashback and points or with linking their KAUAI ® App profile in the Mr D Food App, they must contact KAUAI Customer Care on email@example.com or 087 057 8910.
3.8.16 Should a Customer experience any issues regarding the earning of cashback or points from Mr D Food in the KAUAI ® App, the Customer may be required to provide details to KAUAI Customer care to verify the order such as: screenshot of successful order, order details, delivery details, mobile number, transaction history, etc.
4.1 KAUAI ® South Africa collects the following data with customer registration in the KAUAI ® App:
4.1.1 A valid customer mobile contact number to enable the Customer to receive a One Time Pin (“OTP”) for secure account registration/validation;
4.1.2 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;
4.1.3 KAUAI ® South Africa will not share personal data with any other parties without consent or permission;
4.1.4 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.
5.1 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.
5.2 KAUAI ® South Africa cannot be held responsible for any interruption or disconnection of a customer’s cellular network.
5.3 KAUAI ® South Africa cannot be held responsible for any additional cellular charges occurred through the use of the KAUAI ® App.
6.1 A customer is only allowed to earn a maximum of 2% (two percent) cash-back on a limited amount of 5 (five) KAUAI® App transactions per day.
6.2 Only 2 (two) of the 5 (five) limited KAUAI ® App transactions can be used on sending gifting as provided for in the KAUAI® App.
6.3 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.
7.1 When a Customer loads a valid credit/debit card onto the KAUAI ® App, a R1 (one rand)
7.2 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.
7.3 The KAUAI ® South Africa Customer Care can only resolve refunds during working hours from Monday to Friday 9am – 5pm.
8.2 KAUAI ® South Africa will not be responsible or held liable for any product or services of such third-party providers.
9.1 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”).
10.1 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.
11.1 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 firstname.lastname@example.org or 087 057 8910.