Kitcha Terms of Use

1. Agreement, Scope and Acceptance

1.1 The agreement

These Terms of Use form a binding agreement between you and Kitcha Limited governing access to Kitcha websites, applications, account functionality, ordering, meal plans, fulfilment, delivery, customer support and other services provided through authorised Kitcha channels.

"Authorised Kitcha channel" means a channel Kitcha itself operates or has expressly approved. A person, page, application, social media account, message or telephone number that is not an authorised Kitcha channel is not Kitcha, whatever it claims, and nothing done through it binds Kitcha.

1.2 How acceptance works

Where Kitcha presents an acceptance control, you must complete that acceptance before the activity that requires it. Account creation, checkout, subscription enrolment and other material transactions may each require explicit acceptance. Website browsing alone does not constitute acceptance of a contract.

The consequences of that rule are as follows:

1. Reading this page places you under no obligation and creates no contract;
2. Acceptance is a separate, deliberate act which you take by operating the control Kitcha presents, not by inference from your conduct;
3. Acceptance given for one activity is not acceptance for another. Accepting at account creation does not accept a plan's own terms at enrolment;
4. Where acceptance is required and has not been given, the activity requiring it is not available to you until it is.

1.3 The acceptance record

For material transactions where recorded acceptance is required, Kitcha records the applicable Terms/policy version, acceptance method, timestamp and transaction/account reference in the designated system.

The record is kept so that the question "what did this customer agree to, and when" has a single evidenced answer. It is not overwritten when a later version is published, and it is retained in accordance with the Kitcha Privacy Policy.

1.4 Documents that control their own subject matter

A plan-specific, promotion-specific, corporate or transaction-specific document may control its subject matter, subject to mandatory law. Section 26 sets out the order of precedence in full.

1.5 Scope of application

These Terms apply to the current relationship between you and Kitcha. They are not limited to activity commencing after any particular date, and Kitcha does not publish a commencement date for them. The version you accepted for a given transaction is identified by the acceptance record described in 1.3, which is better evidence of what bound you at the time than a date printed on a page.

2. Kitcha Identity and Contact

2.1 Who you are contracting with

Kitcha Limited | RC9540250 | 11B Oko Awo Street, Victoria Island, Lagos, Nigeria

Kitcha is a vertically integrated food production, fulfilment, logistics and technology company. Kitcha produces the food in its own production factory, applies its own quality control, packs and dispatches it itself, and delivers it with its own people. Kitcha is not a marketplace and does not sell the products of independent vendors.

The practical consequence is that when something goes wrong with your food, there is one company to deal with and it is this one. Kitcha does not direct customers to a third-party seller.

2.2 Contact

Customer support and complaints: support@kitcha.ng. Privacy, escalation and legal notices: admin@kitcha.ng.

3. Definitions

The following further terms are used in these Terms with the meanings given.

Headings are for navigation and do not limit the text beneath them. The singular includes the plural and the reverse. "Including" means "including without limitation." A reference to a statute includes that statute as amended, extended or re-enacted. A reference to a Kitcha document is a reference to the current version of it.

4. Eligibility, Authority and Accuracy

4.1 Requirements

• You must have legal capacity to enter the transaction.
• If you act for another person or organisation, you represent that you are authorised to do so.
• Information you provide must be accurate, current and complete; material inaccuracies must be corrected promptly.

4.2 Capacity

Legal capacity means that you are old enough and otherwise legally able to enter into a binding contract under Nigerian law. Kitcha accounts are for adults. A child may be fed under an arrangement made by a parent, guardian, household, school or institution, as section 15 describes, but a child does not contract with Kitcha.

4.3 Acting for someone else

If you order for another individual, a household, an employer or an institution, you represent that you have authority to do so and to provide the information you provide about that person or entity. Where you are not authorised, the act is yours and not theirs, and you remain responsible for it.

4.4 Why accuracy matters here specifically

Kitcha produces food to order and delivers it to a stated place at a stated time for a stated person. Inaccurate information does not merely inconvenience a process. It causes food to be cooked wrongly, delivered to the wrong place, or handed to the wrong person, and in the case of allergen information it causes food to be produced that is not safe for the person who eats it.

Accordingly, you must keep the following current: your name and contact details, every Delivery Address in use, the identity of each Recipient, and the dietary and allergen information recorded for every person you are feeding.

4.5 Consequences of material inaccuracy

Where information you supplied is materially inaccurate and that inaccuracy causes an Order to fail, Kitcha's obligations are assessed on that basis. Section 22 allocates responsibility between what is within Kitcha's control and what is within yours, and does so without excluding any liability the law does not permit Kitcha to exclude.

5. Accounts and Security

5.1 Your obligations

• Protect passwords, OTPs, recovery codes, registered contact channels and devices under your control.
• Do not disclose authentication secrets to Kitcha personnel, riders or other persons.
• Report suspected account compromise, unauthorised orders, suspicious access and material security incidents promptly.
• Use an authorised family, household or organisational access feature where offered instead of sharing personal credentials.

5.2 What "under your control" means

An Account is used by whoever holds its credentials. Kitcha cannot distinguish between you and a person using your credentials with or without your knowledge. Your obligation is therefore to keep them to yourself, to use a password you do not use elsewhere, to keep your registered phone number and email address current because they are how account recovery works, and to sign out of devices you no longer control.

5.3 Household and organisational access

Where Kitcha offers a household, family or organisational access feature, use it rather than sharing your own credentials. Sharing credentials gives another person your wallet, your order history and your stored addresses. A proper access feature gives them only what their role requires.

5.4 Reporting compromise

Report promptly if you believe someone else has accessed your Account, if you see an Order you did not place, if you receive an OTP you did not request, or if a communication purporting to come from Kitcha appears not to be genuine. Prompt reporting allows Kitcha to restrict the Account, stop an Order in production, and preserve the evidence needed to investigate.

5.5 What Kitcha does on report

1. Restricts the Account where necessary to prevent further loss;
2. Stops Orders that have not yet entered production where it can;
3. Preserves the relevant records;
4. Investigates and tells you the outcome;
5. Applies the refund or remedy required by the applicable policy or by law.

Restricting an Account to protect it is a protective step and not a finding that you have done anything wrong. Section 20 governs restriction and termination generally.

6. Services and Information

6.1 What Kitcha provides

Kitcha provides food production, feeding programmes, meal plans, fulfilment, logistics, delivery and related digital services. Kitcha provides material information needed to understand the transaction, including product information, quantity/portion information where applicable, price, mandatory charges, relevant ingredient/allergen information and relevant handling information.

6.2 Information provided before you buy

Kitcha's obligation under 6.1 is to give you what you need to understand what you are buying, before you buy it. In practice that means:

• What the product is, and what is in it so far as is relevant to ingredients and allergens;
• The portion or quantity supplied, where that is a material feature;
• The price, and every mandatory charge that will be added, stated before you commit;
• Nutritional values where published, which are close estimates derived from Kitcha recipes at the portion supplied and not laboratory analysis;
• Handling instructions where the safety or quality of the food depends on how you treat it after delivery.

6.3 Changes to the service

Kitcha may change menus, recipes, service areas, operating hours, packaging, technology or processes for safety, quality, supply, capacity, security or compliance reasons. A change does not retroactively remove an accrued contractual or statutory right.

Read together with section 24, the position is this. Kitcha runs a food operation and a food operation changes: an ingredient becomes unavailable, a recipe is improved, a process is tightened after an incident, an area opens or closes. Kitcha reserves the ability to make those changes. What Kitcha does not reserve is the ability to reach backwards and take away something you have already earned, paid for or become entitled to.

6.4 Availability is not unlimited

Products, plans, delivery windows and service areas are offered subject to capacity. Kitcha may limit quantities, close a delivery window, or decline to serve an area where it cannot do so to the standard it has undertaken. Section 7 governs what happens to an Order in those circumstances.

7. Orders and Acceptance

7.1 An Order is an offer

Submitting an order is a request to purchase. Kitcha may accept, reject or cancel an order for lawful reasons including non-availability, service-area limitation, payment failure, an obvious/material transaction or technical error, suspected fraud, safety concerns or regulatory restrictions. Where an already-accepted order is cancelled, Kitcha will apply the applicable refund/remedy process and mandatory law.

7.2 The grounds, explained

7.3 When an Order becomes binding

Acceptance may be evidenced by Kitcha confirmation, commencement of fulfilment where that act objectively constitutes acceptance, or another transaction confirmation. Checkout information and applicable legal/policy versions form part of the transaction record.

7.4 Cancellation of an accepted Order

Where Kitcha cancels an Order it has already accepted, the applicable refund or remedy process applies and mandatory law applies. You are not left out of pocket because Kitcha changed its mind, and no provision of these Terms purports to leave you out of pocket.

7.5 Your own changes and cancellations

Your ability to change, skip or cancel is governed by the Cancellation, Refund and Credit Policy and by the terms of your plan. In outline, changes are free until the point at which Kitcha begins buying and producing for the following day, and restricted after it, because by then the food exists or is being made. The applicable cut-off is published in the Kitcha application and on the Kitcha website.

8. Payments and Chargebacks

8.1 How payment works

Kitcha may use banks, payment service providers, payment infrastructure providers and other authorised financial-technology providers. Kitcha may receive payment status, reference, amount and reconciliation information necessary to confirm payment, fulfil orders, process refunds, prevent fraud and investigate disputes.

Food is paid for from your Wallet. Your money is not held by Kitcha. It sits in a real bank account: the Wallet runs on Embedly, a Sterling Bank service licensed by the Central Bank of Nigeria. Cards, transfers and other funding methods fund the Wallet; they do not pay for individual meals.

8.2 What Kitcha does not see

Kitcha does not receive or store your full card number, card verification value, card PIN, banking password or one-time password. Those are handled by the payment provider under its own obligations and its own regulatory supervision.

8.3 Your obligations

• Customers must not provide payment PINs, passwords, OTPs or other payment authentication secrets directly to Kitcha.
• Customers must report duplicate charges, unauthorised transactions and payment discrepancies promptly.
• Nothing in these Terms prevents a customer from using a lawful bank, card or payment-provider dispute process. Kitcha may investigate fraudulent, knowingly false or duplicative disputes and may pursue lawful recovery where an independent legal basis exists.

8.4 Disputes with your bank

You keep every right you have to raise a dispute with your bank, card issuer or payment provider. These Terms do not require you to use Kitcha's process first, do not penalise you for using your bank's process, and do not treat the use of it as a breach. Kitcha asks only that you tell it as well, because Kitcha can usually resolve the matter faster than a chargeback can.

Where a dispute is raised, Kitcha may be required to provide the institution with the transaction record, delivery evidence and correspondence necessary to respond. Kitcha provides what is relevant and no more.

8.5 Knowingly false or duplicative disputes

Kitcha may investigate a dispute that is fraudulent, knowingly false or duplicative, and may pursue lawful recovery where an independent legal basis exists. Two limits on that apply. First, Kitcha must have an independent legal basis; the existence of a dispute is not itself a basis. Second, a dispute made in good faith that turns out to be mistaken is not a false dispute, and is not treated as one.

8.6 Refunds and credits

Refunds and credits are paid to the Wallet from which payment was made, so that the money is available immediately rather than waiting on a bank, and so that it is ready for the meal that replaces the one that went wrong. It remains your money and you may withdraw the balance of your Wallet to your own bank account.

9. Food Safety, Production and Traceability

9.1 Controls

Kitcha manages food production, hygiene, quality, packaging, fulfilment and delivery through controls appropriate to the products and services it offers.

9.2 Records

Kitcha maintains operational records that support product, order and delivery traceability.

9.3 What traceability means in practice

Kitcha operates barcode and digital traceability across inventory and materials, kitchen production, quality control, packaging, dispatch, delivery, customer orders and feedback, together with the authorised personnel associated with recorded events.

The purpose of that is not administrative. It is so that a specific meal can be traced backwards to the batch it came from, the ingredients that went into it, the checks applied to it, the person who packed it and the person who delivered it. Without that chain, a complaint about a meal can only be discussed. With it, it can be investigated.

9.4 Custody

Food moves through Kitcha's own chain from store to preparation, to the line, to chilling, to portioning, to quality control, to packaging, to holding, to dispatch, to the delivery team, to you. Each handover is recorded. Kitcha records dispatch, the rider or vehicle, delivery attempt, handover and exception events, as section 10 also provides.

9.5 Withdrawal and recall

Where Kitcha identifies, or is notified of, a food safety issue affecting a batch, Kitcha uses its traceability records to identify what was affected and who received it, and acts under its Food Safety Incident, Withdrawal and Recall Framework. That may include contacting affected customers directly, stopping further distribution, withdrawing product, and notifying the competent authority where required.

You may be contacted about a batch even if you have not complained and even if nothing appeared wrong with your meal. A contact of that kind is a safety measure and is not an admission about your particular order.

9.6 Verification at handover

Kitcha packaging carries a code applied during manufacture of the container rather than a label that can be peeled off and reapplied. That code is checked at batch quality assurance, after packing and sealing, at every custody handover, and by you before you accept a delivery. Its purpose is so that you can establish that what arrived is genuinely Kitcha food from the batch it claims to be from.

10. Delivery and Logistics

10.1 Delivery estimates

Delivery estimates are dynamic and may be affected by distance, traffic, route conditions, weather, production status, order volume, fleet availability, access restrictions and other operational conditions. Unless Kitcha expressly identifies a service as guaranteed, the displayed Delivery Window is an estimate rather than a promise of an exact arrival time.

10.2 Where Kitcha does guarantee

Where Kitcha expressly identifies a service or a standard as guaranteed, the guarantee is a commitment Kitcha has chosen to make and Kitcha is bound by it. Any such guarantee, and what happens if Kitcha fails to meet it, is set out in the Cancellation, Refund and Credit Policy. A guarantee Kitcha offers sits on top of your legal rights and never in place of them.

10.3 Your obligations

• You must provide an accurate Delivery Address, recipient details, contact information and reasonable access instructions.
• You must remain reasonably available or provide an authorised recipient.
• Kitcha may use a safe alternative handover arrangement where direct access is restricted or unsafe, provided the method is lawful and reasonably practicable and does not create an avoidable safety or privacy risk. Kitcha will not leave an order unattended unless the customer expressly authorises that method and the applicable service permits it.
• Kitcha records dispatch, rider/vehicle, delivery attempt, handover and exception events.

10.4 How food travels

A single-household drop may be carried by a rider. Bulk orders, family-size soups and anything going to a workplace or institution travel in Kitcha vehicles with the delivery team, because quantity and container type make a motorcycle unsuitable.

Everyone who delivers Kitcha food is employed staff on Kitcha's payroll, not a gig worker taking a job. The significance of that for you is that Kitcha can hold them to a standard and act on a complaint about conduct at your gate.

10.5 If nobody is there

If Kitcha arrives within the window and there is no one to receive the food, and the delivery team cannot reach you, Kitcha will attempt a safe alternative handover only where you have authorised it and the service permits it. Otherwise the food cannot be left. Because the food is freshly produced and perishable, it cannot be returned to stock and reissued, and that meal is used up.

You can avoid this entirely by changing the time or the address before the applicable cut-off, which costs nothing.

10.6 Access, safety and privacy

An alternative handover must be lawful, reasonably practicable and must not create an avoidable safety or privacy risk. Kitcha will not leave food where it is likely to be taken, where it will spoil, or where doing so would disclose to others that you have received it. Kitcha will not require a member of the delivery team to enter a location that is unsafe.

10.7 Delivery records

Kitcha records dispatch, the rider or vehicle used, each delivery attempt, the handover and any exception. Those records are what an investigation is conducted from, and they are retained in accordance with the Privacy Policy.

11. Customer Responsibilities

11.1 What Kitcha asks of you

• Provide accurate payment, delivery, recipient and dietary/allergen information.
• Review material order and product information before purchase.
• Follow applicable product storage, handling and preparation instructions.
• Promptly report material account, payment, delivery, product, privacy and safety issues.
• For serious incidents, preserve relevant product/package evidence where reasonably safe and practicable.

11.2 Why evidence preservation matters

Where a serious incident occurs, the food and its packaging are the evidence. Keeping them, where it is safe and practicable to do so, allows Kitcha to trace the batch, identify the cause, and establish whether other customers are affected. It also protects your own position, because a claim supported by the product is a stronger claim than one that is not.

Nothing in this section requires you to keep anything that is unsafe to keep, or to delay obtaining medical attention.

11.3 Prohibited conduct

Customers must not fabricate evidence, knowingly submit materially false factual information, tamper with products or delivery packages, abuse refunds or promotions, impersonate another person, interfere with Kitcha Systems, or threaten, harass, assault or extort Kitcha personnel.

11.4 The limit on 11.3

11.5 What each prohibition means

12. Dietary, Allergen and Wellness Information

12.1 Your disclosure obligation

Customers must accurately disclose known allergies, intolerances and relevant dietary requirements through available Kitcha workflows and review current product information. General dietary labels do not replace a customer's obligation to raise a specific serious allergy concern before ordering.

12.2 Why the second sentence matters

A label such as vegetarian, dairy free or nut free describes the recipe as formulated. It is not a statement that the meal has been produced under conditions designed to exclude a specific serious allergen for a specific person. If a person has a serious allergy, tell Kitcha about that allergy, for that person, before ordering, so that the production factory can build the meal around it.

12.3 What Kitcha does with it

• Selects or excludes recipes and ingredients for the named person;
• Prepares that person's food on separate boards and in separate containers to reduce cross-contact;
• Passes the restriction to the kitchen staff and quality control officers who need it to produce the meal;
• Records the restriction against the Order so that it can be verified before dispatch.

How that information is protected, who can see it, and how to withdraw it is set out in the Kitcha Privacy Policy, which treats it as a category requiring additional care.

12.4 Not medical advice

Kitcha food, nutrition and wellness information is not medical diagnosis or treatment. Unsupported therapeutic or disease-related claims are not made through ordinary Kitcha food service.

Nutritional values are close estimates derived from Kitcha recipes at the portion supplied, not laboratory analysis. If you have a medical condition, take advice from a qualified health professional about your diet. Kitcha will cook to a diet you or your clinician specify; it will not prescribe one.

12.5 If a reaction occurs

If a person suffers an allergic reaction or becomes unwell after eating Kitcha food, obtain medical attention first. Then report it to admin@kitcha.ng and, where it is safe and practicable, keep the food and its packaging. Kitcha handles incidents of that kind under its incident procedures rather than as ordinary refund requests, because the first question is whether anyone else is at risk.

13. Cancellation, Refunds and Remedies

13.1 The governing document

Cancellation and refund treatment is governed by the Kitcha Cancellation, Refund and Credit Policy and applicable law.

13.2 Cancellation

Cancellation may be available before acceptance or before material production/ fulfilment begins. Once production, packaging or fulfilment has materially commenced, cancellation may be restricted where lawful and disclosed.

The reason is that Kitcha buys and produces against confirmed demand. Before production begins, cancelling costs nothing and is free. After it begins, the food exists, and a restriction on cancelling at that point is disclosed to you before you order so that you can plan around it.

13.3 Remedies

Kitcha will provide refunds, replacement, re-performance or other remedies required by law or the applicable policy.

13.4 Voluntary credits

13.5 Serious matters are not refund tickets

Contamination, an allergic reaction, illness, injury, suspected tampering and suspected counterfeit product are handled under Kitcha's incident procedures, not as ordinary refund requests. Report them to admin@kitcha.ng. Section 21 sets out how incidents are handled.

14. Subscriptions and Meal Plans

14.1 Plan terms govern the plan

Meal Plans are governed by plan-specific terms displayed before purchase. Those terms must state material features including plan period, allocation, price, delivery arrangement, billing/renewal, pause/skip/change rules, cancellation, substitutions and unused allocation treatment.

14.2 What that obligation means for Kitcha

The word "must" in 14.1 is an obligation on Kitcha, not on you. Kitcha is required to state each of those features before you buy. If a material feature of a plan is not disclosed before purchase, Kitcha does not rely on it against you.

The features that must be stated are, in each case:

1. The period the plan runs for;
2. What you receive, and how much of it;
3. The price, and every mandatory charge;
4. How and when delivery happens;
5. How and when you are billed, and whether and how the plan renews;
6. How to pause, skip or change, and by when;
7. How to cancel, and what happens when you do;
8. What happens if a product is substituted;
9. What happens to an allocation you did not use.

14.3 Renewal

Where a plan renews, the plan terms state that it renews, on what cycle, and at what price. Kitcha does not renew a plan silently at a price you were not told about.

14.4 Changing your mind about a plan

Pause, skip and change rules are stated in the plan terms and operated from the Kitcha application. Changes made before the applicable cut-off cost nothing. The cut-off exists because production for the following day begins at that point.

15. Family, Group and Corporate Use

15.1 Ordering for others

If you order for another person, provide only information you are authorised to provide and take reasonable steps to ensure the recipient can safely receive and handle the order.

15.2 What "safely receive and handle" means

That the person expects the delivery, is able to take it, and knows what to do with it once they have it, including any storage or handling instruction that applies. Where the recipient is a child at school, or a person at a workplace, the practical arrangement for receipt is yours to make.

15.3 Information about other people

Where you enter another person's name, contact details, address or dietary and allergen information, you confirm you are entitled to do so. That person keeps their own rights in respect of their own information, exercisable directly against Kitcha under the Privacy Policy.

15.4 Corporate and institutional relationships

Corporate/institutional relationships may be governed by signed agreements. Where a signed agreement applies, it controls the commercial relationship and these Terms govern what it does not address. Where no signed agreement applies, these Terms and the Kitcha Corporate and Institutional Customer Terms govern.

Office and workplace feeding is available. Schools, hospitals and estates require a different operation and are not open at present.

16. Promotions and Referrals

16.1 Conditions

Promotions and referrals are subject to disclosed conditions. A condition that was not disclosed to you before you acted on the promotion is not applied against you.

16.2 Abuse

Kitcha may investigate false accounts, self-referral, automation, fabricated claims and other abuse and may reverse improperly obtained benefits or correct obvious errors to the extent permitted by law and without removing accrued statutory rights.

16.3 The limits on 16.2

Three limits apply to Kitcha's power to reverse a benefit:

1. It extends to benefits improperly obtained, not to benefits you were entitled to and used;
2. It is exercised only to the extent permitted by law;
3. It never removes a statutory right that has already accrued to you.

An obvious error, such as a promotion published with a plainly wrong value, may be corrected. Correction of an obvious error is not the same as withdrawing a promotion you relied on in good faith and within its stated terms.

17. Intellectual Property and Feedback

17.1 Kitcha's rights

Kitcha and its licensors retain rights in Kitcha software, brands, interfaces, designs, content and operational systems except where rights are expressly granted.

17.2 Your licence

Kitcha grants you a limited, personal, non-exclusive, non-transferable and revocable licence to use Kitcha Systems for the purpose of using Kitcha services as a customer. That licence does not permit you to copy, adapt, reverse engineer, redistribute or commercially exploit Kitcha Systems, or to extract data from them by automated means without authorisation.

17.3 Feedback

Kitcha may use non-confidential feedback to improve services, subject to privacy and other rights.

If you tell Kitcha that a dish is too salty, that a screen is confusing, or that a delivery window does not work for your household, Kitcha may act on it without owing you anything for it. That is what this clause means and it is all it means. It does not take ownership of anything else you send Kitcha, and it does not override your rights in your own personal information.

17.4 Your content

Where you submit a photograph, message or other material to Kitcha, including in support of a complaint, Kitcha uses it for the purpose for which you submitted it: investigating, resolving and evidencing the matter. Kitcha does not use customer complaint material in marketing.

18. Third-Party Services

18.1 Providers Kitcha relies on

Kitcha may rely on independent providers for payment, mapping, communications, cloud infrastructure, analytics, security and other functions.

18.2 Responsibility is not transferred

18.3 Where a third party's terms apply to you

Where a customer directly uses a third-party service through Kitcha, any third-party terms separately presented for that service may also apply.

Two conditions are built into that sentence. The service must be one you use directly, and the terms must have been separately presented to you. Terms that were never shown to you do not bind you merely because Kitcha has a relationship with the provider.

19. Availability, Maintenance and External Events

19.1 Service restriction

Kitcha may temporarily restrict service for maintenance, security, food safety, capacity, regulatory compliance or incident response.

19.2 External events

External events may affect service or delivery. Kitcha may take reasonable mitigation and recovery measures and will apply remedies required by law.

External events include matters genuinely outside Kitcha's control, such as extreme weather, failure of public power or telecommunications, road closure, civil disturbance, industrial action affecting a supplier, and action by a public authority.

19.3 The limit of this section

This section explains why a service may be interrupted. It is not a general excuse. Kitcha does not rely on it for an interruption caused by its own failure to plan, maintain or resource its operation. Where Kitcha fails to deliver for a reason within its control, the remedies in the Cancellation, Refund and Credit Policy and at law apply.

19.4 What Kitcha does during an interruption

1. Tells affected customers as early as it reasonably can, through the application, the website or direct message;
2. Takes reasonable mitigation and recovery measures;
3. Applies the remedies required by law and by the applicable policy for orders and plan days affected.

20. Suspension and Termination

20.1 When Kitcha may restrict

Kitcha may restrict an account, transaction or service where reasonably necessary to protect customers, personnel, systems, food safety, privacy, payment integrity or regulatory compliance, including where fraud, abuse, unlawful conduct or material non-payment is reasonably suspected.

20.2 The test

The test in 20.1 is "reasonably necessary" to protect a stated interest. It is not Kitcha's unfettered discretion, and these Terms do not give Kitcha one. A restriction must be directed at one of the interests listed, must be reasonably necessary to protect it, and must be proportionate to it.

20.3 Restriction is not a finding

Protective action is not a final finding of liability. Where Kitcha restricts an Account while it investigates, it has not concluded that you did anything wrong, and the restriction is lifted if the investigation does not support it.

20.4 What Kitcha will not use suspension for

20.5 Effect of restriction

Where an Account is restricted or terminated:

• Money in your Wallet remains yours and is withdrawable, subject to any lawful hold genuinely required for an active investigation or a legal obligation;
• Orders in production are completed, cancelled or refunded according to what is practicable and what the applicable policy requires;
• Records are retained in accordance with the Privacy Policy;
• Obligations that by their nature survive continue, as section 26 provides.

20.6 Closing your Account yourself

You may close your Account at any time. Closure does not extinguish an accrued obligation on either side: money Kitcha owes you remains owed, and money you owe Kitcha remains owed. Deletion of personal information on closure is governed by the Privacy Policy, including the lawful exceptions that require some records to be kept.

21. Complaints and Incidents

21.1 Where to go

Complaints/support: support@kitcha.ng. Privacy, serious incidents and legal escalation: admin@kitcha.ng.

21.2 Information and evidence

Kitcha may request reasonable information needed to investigate and preserve relevant evidence. A request must be reasonable and connected to the investigation. Kitcha does not require you to produce material that is unrelated to the matter, and does not make the provision of unrelated material a condition of a remedy.

21.3 Serious incidents

Serious food, injury, privacy, security, counterfeit and rider incidents are handled under the relevant Kitcha procedures.

Those procedures exist because incidents of that kind raise a question beyond your order: whether anyone else is at risk. They are handled by a different route, on a different timescale, and with different people involved, from an ordinary service complaint.

21.4 Escalation

If you are not satisfied with the response, say so and ask for the matter to be escalated. It will be reviewed by someone who was not responsible for the original response. Escalation within Kitcha does not limit your right to go to a regulator or a court at any time.

22. Responsibility and Liability Allocation

22.1 How responsibility is decided

Kitcha's responsibility is determined by applicable law, the applicable transaction terms and the facts of the particular incident.

22.2 What is within your control

Customers remain responsible for matters within their control, including inaccurate information they supply, compromised credentials, customer-controlled post-delivery conditions and deliberate misuse.

"Customer-controlled post-delivery conditions" means what happens to the food after Kitcha has handed it over: how it is stored, how long it is left, the temperature it is kept at, and whether published handling instructions are followed.

22.3 What is within Kitcha's control

Kitcha is responsible for what it controls: how food is sourced, produced, checked, packed and handled; how it is transported and handed over; the conduct of its own personnel; the operation of its own systems; and the accuracy of the information it publishes about its products.

22.4 Liability that cannot be excluded

22.5 What Kitcha has deliberately not included

For the avoidance of doubt, these Terms do not contain, and Kitcha does not assert:

1. A blanket exclusion of Kitcha's liability;
2. A general indemnity given by the customer to Kitcha;
3. A requirement that consumer disputes go to arbitration;
4. A waiver of the right to bring or join collective proceedings;
5. A choice of foreign law or a foreign forum;
6. A promise that Kitcha's systems are absolutely secure;
7. A universal guarantee of delivery time;
8. A promise to delete every record on request regardless of law;
9. An arbitrary monetary cap on Kitcha's liability to a consumer.

Their absence is deliberate. Several of them would be void under Nigerian consumer law, and a term that is void achieves nothing except to suggest that the party relying on it hoped you would not check.

23. Fraud, Abuse and Lawful Recovery

23.1 Investigation

Kitcha may investigate false refund claims, fabricated evidence, account takeover, stolen payment instruments, promotion manipulation and intentional system misuse.

23.2 Recovery

Where deliberate unlawful conduct is established and an independent legal basis exists, Kitcha may restrict access, reverse improperly obtained benefits and seek lawful recovery.

23.3 The two conditions

Both conditions in 23.2 must be satisfied before Kitcha acts against you on this ground:

1. Deliberate unlawful conduct must be established, not merely suspected. Suspicion permits investigation and, where reasonably necessary, protective restriction under section 20. It does not permit recovery;
2. There must be an independent legal basis for the recovery. The existence of these Terms is not itself a basis for taking money from you.

23.4 Good-faith error is not fraud

A claim that is mistaken, a complaint that turns out to be unfounded, or a dispute that is resolved against you is not fraud and is not treated as fraud. This section is directed at deliberate conduct.

24. Changes to Terms

24.1 Kitcha's ability to amend

Kitcha may amend these Terms for legal, safety, security, operational, technology or commercial reasons.

24.2 How a change takes effect

Non-material changes may take effect when published. Material changes will be communicated through reasonable means and, where required, presented for renewed acceptance.

24.3 Material and non-material

A change is material where it alters what you get, what you pay, what you must do, what remedies you have, or how a dispute is handled. Correcting a typographical error, clarifying wording without altering meaning, or renumbering a clause is not material.

24.4 No retrospective removal of rights

25. Versioning and Historical Terms

25.1 Versioned copies

Kitcha maintains versioned copies of its public legal documents.

25.2 What the acceptance record ties together

For material transactions where recorded acceptance is required, the designated system associates the relevant legal/policy versions, acceptance event and transaction identifier with the transaction record.

The effect is that the question "which version applied to this order" is answered by the record of what you actually accepted and when, rather than by inference from a date printed on a page. That is why these Terms carry the date on which they were last updated but no commencement date: the acceptance record is the better evidence, and a printed commencement date would only create a second thing to argue about.

25.3 Retention of historical versions

Historical versions may be retained for legal defence, regulatory response, audit and legal holds.

25.4 Continuity

These Terms govern the current relationship between you and Kitcha in respect of all matters within their scope, including matters arising from transactions entered into under an earlier version, save that a right accrued under an earlier version is preserved by 24.4. The absence of a commencement date does not create a period in which no terms applied.

26. General Legal Provisions

On precedence, note the order carefully. Mandatory law is first and displaces anything inconsistent with it. A more specific document displaces this general one on its own subject, but only where it was presented to you before the relevant transaction. A document you were never shown does not control anything.

27. Incorporated Customer Documents

27.1 The documents

The following public customer documents are incorporated into these Terms to the extent they apply to the relevant service or transaction and were made reasonably available before the relevant transaction where pre-disclosure is required: Privacy Policy; Cookie Policy; Delivery and Fulfilment Policy; Cancellation, Refund and Credit Policy; Subscription and Meal Plan Terms; Food Safety, Allergen and Dietary Notice; Promotions, Discounts and Referrals Terms; Complaints and Dispute Resolution Policy; Customer Responsibilities and Acceptable Use; Account Security and Customer Authentication Policy; Customer Reporting and Notification Standard; Delivery Chain of Custody and Proof of Delivery; Product Handling and Post-Delivery Responsibility Notice; and any transaction-specific terms presented before purchase.

27.2 The two conditions on incorporation

A document listed above forms part of these Terms only where both of the following are satisfied:

1. It applies to the service or transaction in question. A document about corporate feeding does not bind a household customer who has never used it;
2. It was made reasonably available to you before the relevant transaction, where pre-disclosure is required.

The second condition is the important one and it operates in your favour. Kitcha does not rely against you on a document you had no reasonable opportunity to read before you committed. A term buried in a document that was never put in front of you is not a term of your contract.

27.3 Where to find them

Each incorporated document is published in the Kitcha Legal Centre, carries its own last-updated date, and is searchable in the same way as this one.

28. Governing Law and Jurisdiction

28.1 Governing law

These Terms are governed by the laws of the Federal Republic of Nigeria, subject to mandatory consumer and other applicable legal rules.

28.2 Forum

A dispute may be brought before a court or competent tribunal with jurisdiction over the matter.

28.3 Your access to remedies is preserved

28.4 Regulators

Depending on the subject matter, a complaint may also be made to a competent Nigerian authority, including the Nigeria Data Protection Commission in respect of personal information, and the Federal Competition and Consumer Protection Commission in respect of consumer matters. Using Kitcha's complaint process first is optional and does not limit those rights.

29. Contact

Something wrong with food today is reported in the Kitcha application, because it reaches the production factory directly and email will not be fast enough for a meal.