MYCITYKEYTO – TERMS AND CONDITIONS

1. DEFINITIONS

In these Terms:

1. 1. “Platform” means the MyCityKeyTo website, mobile application, and related services.
   2. “Company”, “We”, “Us” means MyCityKeyTo.
   3. “User” means any person accessing or using the Platform.
   4. “Partner” means any restaurant or service provider listed on the Platform.
   5. “Services” means the listing, discovery, and related digital services provided through the Platform.

1. NATURE OF THE PLATFORM
   1. 2.1.The Platform operates solely as an intermediary digital marketplace and discovery service.
   2. 2.2.The Company:

1. Does not own, operate, or control any listed restaurants or Partners;
2. Does not prepare, handle, or deliver food;
3. Is not a party to any transaction between Users and Partners unless expressly stated.

1. 1. 3.3.Any contract for goods or services is strictly between the User and the Partner.

3. ACCEPTANCE OF TERMS

By accessing or using the Platform, the User enters into a legally binding electronic agreement with the Company and agrees to be bound by these Terms.

4. ELIGIBILITY

Users must:

1. Be at least 18 years old, or
2. Use the Platform under supervision of a parent or guardian.

5. USER ACCOUNTS

1. 1. 2.1.Users are solely responsible for:

1. Maintaining confidentiality of login credentials;
2. All activity conducted under their account.

1. 1. 2.2.The Company shall not be liable for unauthorized access resulting from User negligence.

6. ACCEPTABLE USE

1. 1. 2.1.Users shall not:

1. Engage in unlawful, fraudulent, or abusive conduct;
2. Upload false or misleading content;
3. Attempt to disrupt or compromise Platform security.

1. 1. 3.2.The Company reserves the right to suspend or terminate accounts at its sole discretion.

7. RESTAURANT LISTINGS AND SERVICES

1. 1. 3.1.All listings are provided by independent Partners.

1. 1. 3.2.The Company does not warrant or guarantee:

1. Food quality, safety, or hygiene;
2. Accuracy of menus, pricing, or availability;
3. Timeliness of service or delivery;
4. Compliance of Partners with applicable laws.

1. 1. 4.3.Users acknowledge that reliance on any listing is at their own risk.

1. PAYMENTS AND TRANSACTIONS

8.1 Payments may be processed via independent third-party providers.

1. 1. 8.2.The Company:

1. Does not control or guarantee payment processing systems;
2. Shall not be liable for failed, delayed, or erroneous transactions.

8.3 All refunds, cancellations, and disputes shall be handled primarily by the Partner, though the Company may assist at its discretion without assuming liability.

9. USER CONTENT AND REVIEWS

9.1 Users are solely responsible for content they submit.

9.2 By posting content, Users grant the Company a non-exclusive, worldwide, royalty-free license to use, display, and distribute such content.

9.3 The Company reserves the right to remove content without notice.

9.4 The Company assumes no liability for user-generated content.

10. INTELLECTUAL PROPERTY

All Platform content is owned by or licensed to the Company and is protected by applicable intellectual property laws.

Unauthorized use is strictly prohibited.

11. SERVICE AVAILABILITY

The Platform is provided on an “as is” and “as available” basis.

The Company:

1. Does not guarantee uninterrupted or error-free operation;
2. May modify, suspend, or discontinue services at any time without liability.

12. LIMITATION OF LIABILITY

1. 1. To the fullest extent permitted by Kenyan law, the Company shall not be liable for:

1. Any indirect, incidental, special, or consequential damages;
2. Loss of profits, revenue, data, goodwill, or business opportunities;
3. Food-related illness, allergic reactions, or health issues;
4. Acts, omissions, or negligence of Partners;
5. Delays, cancellations, or service failures;
6. Unauthorized access, hacking, or data breaches beyond reasonable control.

1. 1. The Company’s total aggregate liability (if any) shall not exceed the lesser of:

1. The amount paid by the User to the Company in the preceding three (3) months; or
2. KES 10,000.

12.3 Nothing in these Terms excludes liability that cannot be excluded under Kenyan law.

13. DISCLAIMER OF WARRANTIES

The Company expressly disclaims all warranties, whether express or implied, including but not limited to:

1. Fitness for a particular purpose;
2. Accuracy or reliability of listings;
3. Merchantability;
4. Continuous availability of the Platform.

14. INDEMNIFICATION

Users agree to indemnify, defend, and hold harmless the Company from and against any claims, damages, liabilities, losses, and expenses arising from:

1. Their use of the Platform;
2. Their breach of these Terms;
3. Any dispute with a Partner.

15. THIRD-PARTY SERVICES

The Platform may include links or integrations with third-party services.

The Company:

1. Does not endorse or control such services;
2. Shall not be liable for their content, policies, or operations.

16. TERMINATION

The Company may, at its sole discretion:

1. Suspend or terminate access to the Platform;
2. Remove content or listings;

Without prior notice where necessary to protect the Platform or Users.

17. FORCE MAJEURE

The Company shall not be liable for failure or delay in performance caused by events beyond its reasonable control, including but not limited to:

1. Network failures
2. Acts of God
3. Government actions
4. Strikes or civil unrest

18. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by the laws of Kenya.

Any disputes shall be subject to the exclusive jurisdiction of the courts of Nairobi.

19. DISPUTE RESOLUTION

19.1 Parties shall first attempt to resolve disputes amicably.

19.2 If unresolved, disputes may be referred to mediation or arbitration before litigation.

20. CHANGES TO TERMS

1. 1. The Company reserves the right to update these Terms at any time
   2. Continued use of the Platform constitutes acceptance of updated Terms.

21. CONTACT INFORMATION

Email: mycitykeyto@gmail.com
Phone/WhatsApp: +254 0119400671