We own and operate the Application and this Agreement constitutes the contract between you and us vis-à-vis the Application. As used in this Agreement, "Kanguru”, "we," "us," and "our" shall mean Metropolitan Mobile Development Industries, Inc. (MMDII) and its subsidiaries and affiliates. The Application can be used through a binding contract between us and so long as you are the authorized holder of the credit card used for payment. You are prohibited from using the Application if you are under the age of 18.
Use of the Application requires that you register and/or create an account ("Account") or use the Application as a guest. To register and create the Account, you must select a name and a password for the Account and provide certain personal information, such as your name, email address and contact number. You must also provide your credit card/Paypal information when you choose to pay by credit card/Paypal for your order. If you provide any information that is untrue, inaccurate, not current or incomplete and we have reasonable grounds to so suspect, we have the right to refuse any and all current or future use by you of the Application (or any portion thereof).
You are fully and exclusively responsible for maintaining the confidentiality and security of the Account and password, all activities thereunder and for any other action(s) taken in connection therewith. You agree to (a) immediately notify us of any known or suspected unauthorized use(s) of your password or Account or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password or credit card information; and (b) exit from the Account at the end of each session. We will not be liable for any injury, loss or damage of whatsoever kind and nature, arising from, or relating to, your failure to comply with any of the above undertakings or for any act(s) or omission(s) on your part or by someone else using the Account and/or password.
Any contract for the supply of food from the Application is between you and the participating restaurant (the “Restaurant”). Any order that you place under the Application is contingent on product availability, delivery capacity, and our acceptance as well as that of the Restaurant, subject to the following procedure:
1. Upon receipt of your order, we shall send you an email on said receipt;
2. We shall then verify with the Restaurant the product availability and delivery capacity relative to your order;
3. Once the product availability and delivery capacity are cleared with and by the Restaurant, we shall send you another email on the acceptance of the order—said email shall contain the specifications of your order, the amount due and the approximate delivery period; should the product be not available and/or the Restaurant is unable to deliver, we shall likewise so inform you via email.
It is understood and agreed upon between us that all the details in your order are presumed correct; that you shall immediately inform us of any incorrect detail; and that we have no privity of contract vis-à-vis each other which can result in a cause of action between us.
TERMS OF PURCHASE
Prices are as listed in the Application and published. If any price so listed and published is not current and we are informed of the discrepancy by the Restaurant, we shall immediately relay the same to you and you can then choose to cancel the order.
You shall pay all fees and charges incurred in connection with your purchases, including any applicable taxes. The total price for your order, including the delivery and other charges, will be displayed in the Application when you place your order. Full payment must be made either in cash, credit card (online or upon delivery) or Paypal. If you choose to pay online via credit card or Paypal, you must pay for the order before it is delivered.
We do not assume any responsibility or liability for the actions, products, and content of any third party relative to your order. We may require additional verification or information before accepting any order.
Delivery periods quoted at the time of ordering are approximate and may vary depending on road and traffic conditions. We, together with the Restaurant, will exert every effort to be able to deliver within the period stated. However, should the order arrive late due to circumstances beyond our control, we shall not be liable and the delivery fee shall neither be voided nor refunded. Please contact us immediately when the order does not arrive within the estimated delivery time.
The order will be delivered to the address you stated in the order. You must ensure that adequate arrangements, such as access to the village or condominium and security advice, are in place. If you fail to accept delivery at the time they are ready or we are unable to deliver due to your failure to provide instructions, authorizations and arrangements, then the order shall be deemed to have been delivered and all risks and responsibility shall pass to you. You agree to indemnify us in full for any storage, insurance and other costs that we shall incur as a result of the inability to deliver caused by your fault or negligence.
Should you decide to cancel the order, you must inform us immediately via our call center. If the Restaurant accepts your cancellation, you will not be charged a cancellation fee. However, if the Restaurant refuses for whatever reason, the order can no longer be cancelled. There shall be no refund when this arises. Once the accepted cancellation is successfully processed and payment was made through Paypal, we will refund the full amount with a gift card for your next transaction.
In the event that the Restaurant delivers a wrong item, you shall have the right to reject the delivery and the corresponding amount shall be refunded to you. Should there be a missing item in your order, kindly inform us and we will coordinate with the Restaurant for its replacement.
All complaints should be addressed to firstname.lastname@example.org. On a best effort basis, we shall respond to your concerns within five (5) business days from receipt of the complaint.
With the exception of User Content (detailed below), the Application and everything in it, from text to photos to videos to graphics and software, (collectively, the "Materials") are owned by, and licensed to, us. The Application and the Materials are protected by copyright, trademark, domain name, patent, trade secret, international treaties and/or other proprietary rights under the laws of the Philippines and other countries. Please be advised that we shall actively and aggressively enforce our intellectual property rights to the fullest extent of the law. Nothing contained in the Application should be interpreted as granting you any license or right to use any of the Materials and/or third party proprietary content on the Application without our prior express written permission or that of the appropriate third party owner, as applicable.
We may provide you with interactive opportunities on the Application, including, without limitation, features such as user ratings and reviews, saved favorites, liked items and bookmarked restaurants (collectively, "Interactive Areas"). You represent and warrant that you are the owner of, and/or otherwise have the right to provide, all information, comments, reviews, ratings and/or other materials and/or content that you submit, post and/or otherwise transmit to the Application ("User Content").
THIRD PARTY LINKS
The Application may contain links to websites or applications that are owned, controlled, developed, sponsored and/or maintained by third parties and which may be subject to additional terms and conditions (the “Third Party Application”). We do not review, monitor, operate and/or control the Third Party Application and make no guarantees, representations and/or warranties as to, and shall have no liability for, the content available on or through and/or the functioning of the same. By providing access to the Third Party Application, we are not recommending and/or otherwise endorsing the products and/or services provided by the sponsor(s) and/or owner(s) thereof. You may access and/or use the Third Party Application, including providing information, materials and/or other content thereto but you do so entirely at your own risk. We reserve the right to discontinue links to the Third Party Application at any time and for any reason, without notice.
You agree to indemnify and hold us harmless as well as our officers, directors, employees, parents, subsidiaries, affiliates, successors, assigns, licensors, licensees, designees, business partners, contractors, agents and representatives (the “Released Parties”) from any and all claims, actions, losses, judgments, liabilities, damages, costs and expenses (including reasonable attorneys' fees), arising out of your breach of any provision of this Agreement, your violation of applicable laws, your use of the Application and/or Materials (including without limitation all User Content), and/or any or all of our uses or those of any third party authorized by us.
THE APPLICATION, THE MATERIALS AND ALL OTHER CONTENT ON THE APPLICATION ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW(S), THE RELEASED PARTIES DISCLAIM, WITH RESPECT TO THE APPLICATION, THE MATERIALS AND ALL OTHER CONTENT ON THE APPLICATION, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT REPRESENT OR WARRANT THAT THE APPLICATION, THE MATERIALS AND/OR THE OTHER CONTENT ON THE APPLICATION WILL BE SECURE, UNINTERRUPTED AND/OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND/OR THAT THE APPLICATION, THE MATERIALS AND/OR OTHER CONTENT ON THE APPLICATION ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATION(S) REGARDING THE USE OR THE RESULTS OF THE USE OF THE APPLICATION, THE MATERIALS AND/OR ANY OTHER CONTENT ON THE APPLICATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE QUALITY AND/OR TIMING OF A DELIVERY ORDERED ON THE APPLICATION. YOU ALONE ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATING TO YOUR USE OF THE APPLICATION, THE MATERIALS AND/OR OTHER CONTENT ON THE APPLICATION.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF, OR IN CONNECTION WITH, THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE APPLICATION.
WE ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR MOBILE DEVICE OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE, BROWSING, OR DOWNLOADING OF, ANY MATERIAL FROM THE APPLICATION. WE ASSUME NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF, OR IN CONNECTION WITH, ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE APPLICATION, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL APPLICATION LINKED TO THE APPLICATION, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED OR MAY BE CAUSED THEREBY.
THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL WE ASSUME TOTAL LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED (A) THE AMOUNT PAID BY YOU TO US OR THE RESTAURANT, IF ANY, OR (B) P500 (WHICHEVER IS LESS).
YOU AGREE WITH US THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL, BARGAINED-FOR BASES FOR THE SAME, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH OF US UNDER THIS AGREEMENT AND IN THE DECISION BY BOTH OF US TO ENTER INTO THIS AGREEMENT. WE BOTH AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE FAIR AND REASONABLE.
IF YOU ARE DISSATISFIED WITH THE APPLICATION OR DO NOT AGREE WITH ANY PROVISION(S) OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICATION, EXCEPT AS MAY BE PROVIDED FOR IN THIS SECTION.
CHANGES TO THE AGREEMENT
You acknowledge and agree that your access to, and/or use of, the Application, the Materials and other content on the Application are subject to all applicable laws and regulations. The terms, conditions and policies contained in this Agreement shall be governed by, and construed in accordance with, the laws of the Philippines. All claims, disputes or disagreements which may arise out of the interpretation, performance or in any way relating to your use of the Application, the Materials and/or other content on the Application shall be submitted exclusively to the Courts of Makati City. You acknowled.ge and agree that you will irrevocably consent and submit to the exclusive personal jurisdiction of those Courts for the purpose of litigating any such action; and you will irrevocably waive any jurisdictional, venue or inconvenient forum objections to such Court.
Any waiver by us of any provision of this Agreement must be in writing. If any portion of this Agreement is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of this Agreement shall continue to be enforceable and valid according to terms contained herein.