ORDER, ACCEPTANCE, AND CHANGES TO ORDERS
These Terms and Conditions shall apply to all orders of KR-Phils products (“Products”) to our Customers. All orders for the Products shall be deemed to be an offer by the Customer to purchase the Products in accordance with these Terms.
Acceptance of Orders. The acceptance of orders for the Products shall be at the entire discretion of KR-Phils. Our acceptance of an order occurs when you receive an on-screen message or email message confirming your order has been placed at which point, your contract with KR-Phils is made and up until this point. KR-Phils reserves the right to decline to deliver the Products without giving any reason.
a. Trading time for credit card transactions will be available from 7am to 9pm only
b. Minimum food purchase of P200.00
c. Choice of chicken part is subject to availability.
3. You may not place any orders on Our Web Site if you are under 12 years of age.
Order Confirmation. Your Order Confirmation is a record of our agreement to deliver the Products ordered and paid for in full. If another person ordered Products on your behalf and using your account, you agree that such order shall be considered as your own, and shall be subject to these Terms.
Terms of Delivery. KR-Phils reserves the right, in its sole discretion, without limitations, conditions and/or qualifications, and without need of prior notification, to limit, change, modify or cancel any order, and/or to refuse any service to any customer for any reason attributable to the unavailability of the items ordered, or other circumstances and conditions beyond the control of KR-Phils which would render impossible or delay the fulfillment of its obligations. Notwithstanding the receipt of any order confirmation, whether via electronic mail, facsimile, phone call or otherwise, it is understood by you that the delivery of your order by KR-Phils and receipt of the payment corresponding to the same, shall constitute the sole act of final acceptance by KR-Phils of such order. Verification of any information may be required prior to the acceptance or delivery of any order.
Upon delivery, you agree to pay in cash or credit card all fees and charges incurred in connection with your order, including any and all applicable taxes, at the rate in effect when the charges were incurred, except if it has been pre-paid via the online payment modes set out in the Website.
Changes and Cancellation of Orders. If you wish to amend or cancel your order, please call the KR-Phils Hotline (02)555-9000 or (0917)555-9000, details of which will be included in the confirmatory e-mail sent to you upon placing your order. If you change your order, the price charged will be the price for the amended order. If you pay by credit card the price difference will need to be paid separately to KR-Phils or any refund would need to be processed by our Customer Services team who can be contacted here. Please note that as promotions are only available for limited periods, any changes to your order may mean the promotions are no longer available.
Change of orders or delivery time can be made no later than 10 minutes prior to the start of the delivery window. Delivery window starts from the promised lead time (i.e. 45mins) and ends at the promised arrival time. Change of order can be made up to 10 minutes before the delivery window begins. Amends to the order must be made by phoning the store direct. Your initial payment will be cancelled and a new payment raised. The delivery time slot may be altered up to 10 minutes before the start of your order window. The order can only be changed to a new time slot if it is available.
Orders may be cancelled in full up to 10 minutes before the start of the delivery window selected. We will endeavor to issue a refund to your credit card account within 1 month. Cancellations within 10 minutes of the start of the delivery window will be charged in full and are not eligible for a refund.
PRICES AND PAYMENT
Unless otherwise stated in writing the prices quoted on this Website are inclusive of value-added and any other applicable taxes.
You may refer to the site (by clicking the checkout button) to check the price of the Product/s you wish to order. Without prejudice to any inadvertent technical mistake (which will be charged to the customer), the price of the Product/s shall be as reflected on the site. The price for your order shall be deducted from your account at the time your order is placed. We reserve our right to refuse to deliver any order if for whatever reason we believe that payment will be refused at any stage.
Payment Methods. You can pay by any of the methods listed in the checkout screen of the Website. Please make sure that if your order is placed using a credit card or debit card, such card is valid on the date of dispatch of your order. We accept the following forms of payment: Cash, Credit / Debit Cards. Visa, Mastercard, JCB and Amex cards
Upon submission of your order details, you are making an offer to us to purchase the item(s) you have specified in your order form. We reserve the right to refuse your offer should it be necessary. In the event a refund is necessary, KR-PHILS shall exert reasonable efforts to credit your account within 1 month.
MAKING ONLINE PAYMENT
Online Credit Card Payments will be validated before delivery and may be subject to additional online charges.
For the protection of both credit card holders and KR-Phils against fraudulent use of credit, debit and charges cards, we reserve the right not to deliver if no credetials are presented. Once you get verified, you do not need to send a scanned image of your credit card and ID for your future transactions.
RESTRICTIONS ON USE
Materials from Kennys.com.ph may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of KR-Phils EXCEPT: you may download one copy of the material on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Modification or use of the materials for any other purpose violates KR-Phils’ intellectual property rights. The materials in this site are provided for lawful purposes only. If you download software from our site, the software, including all files, images, contained in or generated by the software, and accompanying data (together, the “Software”) are deemed to be licensed to you by KR-Phils. Neither title nor intellectual property rights are transferred to you, but remain with KR-Phils, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form.
All remarks, suggestions, ideas, graphics, or other information communicated to KR-Phils whether through the Website or any other mode of transmission or communication (together, the “Submission”) will forever be the property of KR-Phils. KR-Phils will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future KR-Phils operations. Without limitation, KR-Phils will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Except as noted below in this paragraph, KR-Phils will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. Personally identifiable information that may be received at this site is provided voluntarily by a visitor to this site. This information is for internal purposes only and is not sold or otherwise transferred to third parties of KR-Phils or to other entities who are not involved in the operation of this site. Therefore, the above right to use Submissions is subject to this limited use of this information and excludes non-retained information. You acknowledge that you are responsible for whatever material you submit, and you, not KR-Phils have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
DISCLAIMERS AND LIMITATION OF LIABILITY
By using this Website and/or transmitting to it any Submission(s), you agree to indemnify KR-Phils, its subsidiaries, affiliates, related companies and their respective shareholders, officers, directors, partners, employees, agents, (each of them a “Related Person”) for any and all claims, damages, losses and causes of action arising out of your breach or alleged breach of this Agreement.
The materials on this Website are transmitted and distributed “as is, where is” and appear on the Website without express or implied warranties of any kind, including, but not limited to, warranties of title, implied warranties of merchantability, or fitness for a particular purpose. KR-Phils makes no warranty as to the quality, accuracy, completeness, and validity of any materials on the Website and does not warrant that the functions contained in the Website will be uninterrupted or error-free, or that defects will be corrected. When a mistake is noticed, we will correct it as soon as possible and will notify customers who are affected. Where necessary, an order may be cancelled prior to shipping the product. Where applicable law does not allow the exclusion of implied warranties, the foregoing exclusions may not apply to you.
All prices quoted are in Philippine Pesos. Price and availability information is subject to change without notice.
The materials provided in this Website are for entertainment, educational, and/or promotional purposes only. User may not rely on any information and opinions expressed in it for any other purpose. Neither KR-Phils, nor any of the Related Persons is responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on the Website.
Information on the Website is subject to change without notice. The information should not be relied upon as a substitute for formal advice from the originating bodies or departments of KR-Phils and its partners. Visitors who rely on this information do so at their own risk.
Except as described otherwise, all materials in the KR-Phils site are made available only to provide information about KR-Phils and its products. KR-Phils controls and operates this Website from its headquarters in Metro Manila, Philippines and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations you are responsible for compliance with applicable local laws.
KR-Phils may, in its sole discretion, terminate or suspend your access to all or part of the Website, including, but not limited to, any bulletin boards on its site, for any reason, including without limitation, breach of this Agreement. In the event this Agreement is terminated, the restrictions regarding Materials appearing on the Website, and the representations and warranties, indemnities and limitations of liabilities set forth in this Agreement will survive any such termination.
You agree not to:
(i) use this Website or its contents for any commercial purpose;
(ii) make any speculative, false, or fraudulent order/purchase or any order/purchase in anticipation of demand;
(iii) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual or other process for any purpose without our express written permission;
(iv) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
(v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
(vi) deep-link to any portion of this Website for any purpose without our express written permission; or
(vii) “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization.
If your account shows signs of fraud, abuse or suspicious activity, KR-Phils may cancel any bookings associated with your name, email address, phone number or account, and close any associated accounts. If you have conducted any fraudulent activity, KR-Phils and any Related Person reserves the right to take any necessary legal action and you may be liable for monetary losses to KR-Phils or any Related Person, including litigation costs and damages. Possible evidence of use of this Website for illegal purposes will be provided to law enforcement authorities.
LINKS TO THIRD-PARTY SITES
This Website may be linked to other sites which are not maintained by KR-Phils. KR-Phils is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by KR-Phils of the sites.
All intellectual property, including but not limited to trademarks, service marks, tradenames (collectively the “Marks”) are in this site are proprietary to KR-Phils, its licensors or to other respective owners. They may not be used, in any form or manner, or for any purpose without the prior written consent of KR-Phils.
GOVERNING LAW AND OTHER PROVISIONS
These Terms and Conditions will be governed and be interpreted pursuant to the laws of the Republic of the Philippines, notwithstanding any principles of conflicts of law. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. You hereby consent to the exclusive jurisdiction and venue of courts in Makati City, Philippines, in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website or App within one (1) year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived. If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future. This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and KR-Phils with respect to this Website and the use hereof, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and KR-Phils with respect to this Website and the use hereof. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved by KR-Phils.