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Terms & Conditions

KAUAI SMART MEALS – TERMS & CONDITIONS AND PRIVACY POLICY

Welcome to KAUAI ® Smart Meals. This page provides information about KAUAI ® Smart Meals and the products and services rendered to you through KAUAI ® Smart Meals subscriptions, listed on our website www.smartmeals.kauai.co.za. This page also includes our Privacy Policy information about how we collect and use data about you.
All the information contained in this site is provided in good faith and is believed to be accurate and current at the date the information was placed on this website. We will ensure to keep it up to date on a regular basis.

Please read the Terms and Conditions below carefully. You understand that by subscribing to one of our meal plans or registering an account on our website, you agree to be bound by these Terms and Conditions.

TERMS AND CONDITIONS

1 GENERAL
1.1 These Terms and Conditions apply to KAUAI ® Smart Meals Pty Ltd (Registration Number: 2004/005326/07)
1.2 The Terms “customer”, ‘’user’’, “you” and “your” are used interchangeably in these Terms and Conditions and refers to any individual who uses KAUAI ® Smart Meals from time to time (or intends using KAUAI ® Smart Meals). This may include (and is not limited to):
1.2.1 Visiting and browsing our website: www.smartmeals.kauai.co.za
1.2.2 Signing up to receive our newsletter and other communication
1.2.3 Creating an account on our website
1.2.4 Purchasing, renewing, cancelling a subscription
1.2.5 Using a promo / voucher
1.2.6 Accessing a meal plan through one of our partners
1.3 Please read these Terms and Conditions carefully and make sure you understand them before you use KAUAI ® Smart Meals. Please do not use KAUAI ® Smart Meals if you do not agree to these Terms and Conditions.
1.4 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 ® Smart Meals in Terms of the Consumer Protection Act No 68 of 2008 (“CPA”).

2 PRIVACY POLICY
2.1 Please refer to our Privacy Policy for information about how we collect and use data about you.

3 WHO IS ELEGIBLE TO MAKE USE OF KAUAI ® SMART MEALS?
3.1 KAUAI ® Smart Meals is open to all South African citizens over the age of 18 years and older. The Customer is required to register before being able to transact on the KAUAI ® Smart Meals website.

4 INDEMNITY
4.1 The Customer hereby agrees to indemnify and hold KAUAI ® Smart Meals 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 KAUAI ® Smart Meals
4.2 The Customer will not hold KAUAI ® Smart Meals and its directors, employees and agents for any damages, whether direct, indirect, consequential or otherwise through any claim that may arise through use of KAUAI ® Smart Meals, the services or products of KAUAI ® Smart Meals

5 SERVICE AVAILABILITY
5.1 Our site is only intended for use by people residing in South Africa and is limited to the delivery areas specified on the website. We do not accept orders from individuals outside South Africa or areas not specified and available on our website

6 KAUAI ® SMART MEALS SUBSCRIPTION CONTRACT
6.1 KAUAI ® Smart Meals is a recurring meal plan subscription. By registering for and placing an order with KAUAI ® Smart Meals, you acknowledge and agree to receive your chosen meal plan on a recurring, weekly basis and you are agreeing to pay a recurring weekly subscription for an indefinite time until the subscription is cancelled by yourself or if the service is suspended by KAUAI ® Smart Meals or it has come to an end
6.2 You can cancel your subscription at any time by logging in to your profile on www.smartmeals.kauai.co.za and cancelling your subscription
6.3 In the event you cancel your subscription, we may continue to communicate promotional information to you about KAUAI ® Smart Meals, until such time you opt out of receiving further communication from us. This can be done per communication channel (Email or SMS), by following the opt-out prompts made available to you on every communication type.

7 PAYMENT INFORMATION & SCHEDULE
7.1 Payment takes places on a weekly basis and will be automatically charged to the credit card you have linked to your profile, every Monday morning.
7.2 We only accept credit or debit card payments that can be processed by our third party payment processor.
7.3 All credit card transactions are acquired by PayGate (Pty) Ltd, a registered systems operator and payment gateway in South Africa. View PayGate (Pty) Ltd security and here. Your credit card details will, in accordance with legislation, be kept secure and not be accessible by any unauthorised individual.
7.4 By providing a credit or debit card we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your subscription (including any applicable taxes, delivery fee and other charges)
7.5 When a Customer loads a valid credit/debit card to pay for their subscription, a R1 (one rand) 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.
7.6 If the payment method cannot be verified, is invalid or is otherwise not acceptable, your meal plan subscription may be suspended or cancelled.
7.7 You must resolve any problem we encounter in order to proceed with your subscription.
7.8 In order to change or update your credit or debit card information linked to your KAUAI ® Smart Meals account, log into your account and edit your payment information under “Payment methods.”
7.9 You acknowledge that the amount billed may vary due to promotional offers, changes to your meal plan subscription or changes in applicable taxes or other charges, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount.

8 UPDATING OR CHANGING YOUR MEAL PLAN
8.1 You have up until midnight every Sunday to update your current meal plan.
8.2 The following changes to your current meal plan will be accepted:
8.2.1 Adding or removing of snacks or proteins
8.2.2 Increase or decrease in the number of meals required per day
8.2.3 Increase or decrease in the number of days per week
8.3 All changes must be made by midnight on Sunday. All changes listed above will alter the amount due for the next billing cycle which takes place next Monday morning
8.4 Once payment is processed on Monday morning, you will not be able to amend or cancel subscription due for delivery that week. However, should you cancel your subscription after delivery is made and before the next billing cycle, you will not receive the following week’s meal plan
8.5 Should you want to try a different meal plan, you will need to cancel your existing plan and start the order process of your newly chosen meal plan from the beginning. We do not allow plans to be changed to another plan when there is an active and existing meal plan in place.
8.6 You may however purchase more than 1 meal plan of the same meal plan, as well as, purchase more than 1 plan of different types in 1 purchase.

9 BUYING MORE THAN 1 MEAL PLAN
9.1 You may purchase more than one meal plan for yourself or someone else however, the registered person will be responsible for the recurring payment of the subscription.
9.2 You will also be the main profile linked to these subscriptions which will not be able to be edited or updated by anyone else.
9.3 The delivery address will also only be linked the registered person and we cannot deliver to anyone else, but the registered person and provided address on their profile.

10 DELIVERY TERMS
10.1 The delivery service is only available in Cape Town and surrounding suburbs and Johannesburg as per the website. Deliveries are made between 8am and 5pm.
10.2 You agree to pay any delivery fee shown at the time you place your order. We reserve the right to increase, decrease, add or remove delivery charges at our own discretion.
10.3 We will provide notice of the charge changes applicable to you before you place your order.
10.4 You have up until midnight every Sunday to update your delivery address. All changes must be made by midnight on Sunday.
10.5 Once payment is processed on Monday morning, you will not be able to amend your delivery address. In the event you will not be able to accept delivery of your meal plan OR if you are no longer available at the address provided when you placed your meal plan order, please contact our Customer Care Department on 087 057 8910 immediately to assist in amending your delivery location.
10.6 We make use of a third party delivery company. You will receive a delivery dispatch SMS from our delivery party about the status of your delivery the morning your delivery is due for delivery.
10.7 In the event you will not be able to accept delivery of your meal plan after your receive the delivery dispatch SMS, please call the number provided on the SMS to make an alternative arrangement. We will try our best to accommodate the change of delivery location, however, cannot guarantee it will be possible nor completed on the same day delivery.
10.8 If we are unable to deliver to the specified address for whatever reason, we’ll attempt to contact you on the contact number provided on your profile when you placed your order. We’ll endeavour to make every effort to deliver up to a maximum of two attempts, but should this not be possible for whatever reason, you agree to forfeit your meal plan with no refund.
10.9 You will not hold us responsible for any delays, outside our control, which relate to the delivery of your orders.
10.10 It is your responsibility to report all lost deliveries to us within 24 hours. Failure to do so will result in no refund.

11 PRICING
11.1 Prices are shown in rand and inclusive of taxes and other charges such as the delivery fee.
11.2 We reserve the right to adjust the price of our meal plans and any add-ons such as snacks and protein extras, however, any pricing changes will not affect existing meal plans which have already been placed and paid for.
11.3 No meal plans will be process or dispatched for delivery unless payment in full has been successfully processed

12 AVAILABILITY
12.1 All our meal plans and associated ingredients are subject to availability and we reserve the right to add quantity limits on any meal plan or extras.
12.2 We also reserve the right to discontinue any meal plan and associated ingredients without any prior notice.
12.3 Should a meal plan or meal plan add on or extra not be available, we will substitute or make amendments at our own discretion

13 REFUNDS
13.1 The KAUAI ® Smart Meals Customer Care can only resolve refunds during working hours from Monday to Friday 9am – 5pm.
13.2 Refunds will be processed on a case by case basis, in the event a customer is not satisfied with their subscription or for any other reason we deem qualifies for a partial refund, full refund or voucher.
13.3 Products for return will be arranged with the Customer directly via our Customer Care team.

14 LINKS TO THIRD PARTIES
14.1 The KAUAI ® Smart Meals may partner with third party service providers or product suppliers. Please note that different Terms of use and privacy policies may apply to your use of such third-party services and content.
14.2 KAUAI ® Smart Meals will not be responsible or held liable for any product or services of such third-party providers.

15 EVENTS BEYOND REASONABLE CONTROL
15.1 KAUAI ® Smart Meals will be not held responsible for any delay or failure to perform or comply with our obligations under KAUAI ® Smart Meals Terms and Conditions when the delay or failure arises from any event which is beyond KAUAI ® Smart Meals’ reasonable control, which could not be reasonably foreseen, prevented or occurred beyond KAUAI ® Smart Meals (also referred to as an “Act of God”).

16 APPLICABLE LAW & JURISDICTION
16.1 KAUAI ® Smart Meals Terms and Conditions shall be governed by the laws of the Republic of South Africa. By agreeing to the KAUAI ® Smart Meals Terms and Conditions, a customer and KAUAI ® Smart Meals hereby submits to the non-exclusive jurisdiction of the South African courts.

17 KAUAI ® CARE
17.1 KAUAI ® Smart Meals would like to ensure all of its customers are happy with their meal plan experience. Should a customer experience any problem with their products or services received from KAUAI ® Smart Meals, we would like to know about it.
17.2 Please let us know by telephone or email as soon as possible after the occurrence of any incident. For any questions regarding KAUAI ® Smart Meals or Terms or Conditions, please get in touch by completing the form on our website here or emailing: smartmealsconnect@kauai.co.za or on 087 057 8910

PRIVACY POLICY

Your privacy is important to us. We want to ensure that we are POPIA compliant as KAUAI ® Smart Meals takes your privacy seriously. We will always endeavour to protect your Personal Information and hold it in confidence.
Kauai Smart Meals is registered as KAUAI ® Smart Meals (“KAUAI ® Smart Meals”, “we”, “us” or “our”) and is committed to protecting and respecting your privacy.
This Privacy Policy, together with our website terms and conditions are available at www.smartmeals.kauai.co.za and aim to outline the basis on which any Personal Information we collect from you, or that you provide to us, will be used, stored and processed by us. Please read the following carefully to understand our views and practices regarding your Personal Information (as defined below) and how we will treat it.
In adopting this Privacy Policy, we wish to balance our legitimate business interests and your reasonable expectation of privacy. Accordingly, we will take reasonable steps to prevent unauthorised access to, or disclosure of your Personal Information.
By continuing to use the KAUAI ® Smart Meals website, you agree to the terms and conditions set out in this Privacy Policy. You agree that we may Collect Personal Information for the purposes of providing you with access to the KAUAI ® Smart Meals website, and for any of the purposes listed in below.

1 WHAT TYPES OF PERSONAL INFORMATION DO WE COLLECT?
1.1 The types of Personal Information that we may collect includes information necessary for our legitimate business interests. This may include Personal Information which includes but is not limited to your name and last name, email address, mobile number, physical address, payment information, location and delivery information.
1.2 We may also collect other information which may include your interests, preferences, purchasing behaviour, transactional information, geographical location and demographics (e.g., age, gender)
1.3 We may also collect your location information – This will be used to fulfil primary services such as serving you relevant marketing offers or content and determining your location to fulfil delivery related activities.
1.4 Transaction information – we collect transaction information details relating to how you use our website.
1.5 Log – In information – information about your interaction with our website.
1.6 KAUAI ® Smart Meals may combine information collected from these sources with other information in its possession.
1.7 We will attempt to limit the types of Personal Information we collect from you to only that to which you consent (for example, in the context of our KAUAI ® Smart Meals website registration.
1.8 We track ISP (Internet Service Provider) information. This means when you visit our Website, our web server also automatically records the name of your ISP the website from which you visit us, the pages on our sites you visit and in what sequence, and the date and length of your visit. This information is aggregated and collected anonymously and does not identify you on an individual basis. However, you acknowledge that this data may be able to be used to identify you if it is aggregated with other Personal Information that you supply to us.
1.9 KAUAI ® Smart Meals will not collect, use or disclose sensitive information (such as information about racial or ethnic origins or political or religious beliefs) except with your specific consent or in the circumstances permitted by law.
1.10 KAUAI ® Smart Meals may collect your credit card information when you provide it via the KAUAI ® Smart Meals website to make a purchase via the KAUAI ® Smart Meals website, where allowed. Any third parties (such as our payment gateway provider) that are granted access to your credit card information will only be granted such access to the extent needed to perform their functions, and may not use it for other purposes. KAUAI ® Smart Meals will use its best endeavours to ensure that all credit card information is stored securely.
1.11 Should your personal information change, please inform us and provide updated information to us as soon as reasonably possible
2 HOW DO WE (KAUAI ® SMART MEALS) USE YOUR PERSONAL INFORMATION?
2.1 We may use your Personal Information to:
2.1.1 Provide services or products you request (e.g. send you by email or other electronic means our newsletters or other products or services in which you express an interest);
2.1.2 Allow you to participate in recreational activities on the website or to organise or carry out promotional activities, games or promotional events;
2.1.3 Inform you of changes made to our website.
2.1.4 Respond to any queries you may have.
2.1.5 Develop a more direct relationship with you for the purposes described in this section.
2.1.6 Develop an online customer profile.
2.1.7 Understand general customer trends and patterns so we can develop and support existing and ongoing marketing strategies for our products and services; and
2.1.8 For security, administrative and legal purposes.
2.1.9 Where you choose to receive mobile services and content via SMS and other mobile services, we use this information to deliver such mobile services and content to you, to carry out market research, to track sales data and to plan other promotional activities which may be of interest to you
3 WHAT IS KAUAI SMART MEALS’S COOKIES POLICY?
3.1 We make use of Cookies. We, our third party service providers and our partners may send “cookies” to your computer or use similar technologies to enhance your online experience at our Website and across the Internet. “Cookies” are files that can identify you as a unique customer and store your personal preferences as product preferences to tells us which site pages you have visited and in what order. We use cookies and other technical information to personalise your visit to the Website, to analyse traffic on the Website and to track user trends, patterns and selections for authorised download and for technical reasons connected with your use of our site. Cookies can either be permanent (i.e. they remain on your computer until you delete them) or temporary (i.e. they last only until you close your browser).
3.2 We may also use “web beacons” that monitor your use of our website. Web beacons (or web bugs) are small strings of code that provide a method for delivering a graphic image on a web page for the purpose of transferring data, such as the IP (Internet Protocol) address of the computer that downloaded the page on which the web beacon appears, the URL (Uniform Resource Locator) of the page on which the web beacons appears, the time the page containing the web beacon was viewed, the types of browser that fetched the web beacon and the identification number of any cookie on the computer previously placed by that server. When corresponding with you via HTML capable e-mail, web beacons let us know whether you received and opened our email. On their own, cookies or web beacons do not contain or reveal any Personal Data. However, if you choose to provide us with Personal Data, it can be linked to the anonymous data stored in the cookies and/or web beacons. Most browsers are initially set to accept cookies. However, if you prefer, you may adjust your browser to reject cookies from us or from any other website. Additionally, by setting your web browser to display HTML emails as text only, you may be able to prevent the use of some web beacons. However, please note that certain areas of our website can only be accessed in conjunction with cookies or similar devices.
3.3 From time to time we may implement additional features including remarketing with Google Analytics to place ads on other sites you may visit after visiting our site, Google Display Network Impression Reporting to report how people’s interactions with our ads relate to their visits to our site, DoubleClick Platform integrations to help optimize our online advertising efforts, or Google Analytics Demographics and Interest Reporting to analyse information about our site visitors’ interests. These tools help us to better understand your interests and how to provide you with more relevant online advertising. We and third party vendors, including Google, may use first and third party cookies together to optimize and serve ads tailored to you based, for example, on what parts of our site you viewed. To opt out of Google Analytics cookies please contact us at smartmealsconnect@kauai.co.za
4 Will my Personal Information be used for marketing purposes?
4.1.1 If we obtain your consent, we may use your Personal Information for the purposes of:
4.1.1.1 If you are an existing customer, we may communicate with you based on the preferences as selected by you in relation to products or services you have signed up for. This may include making contact via mobile, email, sms, social media and other channels about products and or services which may be of interest to you.
4.1.1.2 You may at all times choose to opt out (free of charge) of any marketing communication.
4.1.1.3 Every marketing communication we send you will include an “unsubscribe” link. Where you have the option to opt out of any direct marketing being sent to you. When you opt out, it will be recorded and our databases will be automatically updated. Kauai Smart Meals will no longer send direct marketing to you.
4.1.1.4 You may also always opt out of push notifications by disallowing them on your mobile phone settings. We cannot do this on your behalf.
4.1.1.5 Please note, you may at any time opt out of receiving marketing related communication from us. However, there may be circumstances, where we will need to communicate directly to you about a product or service you received from us which will only include billing confirmation OR if we feel you may be at risk due to a failed or faulty product or if you are at risk of any data breach or personal harm. We will not include any marketing related content when communicating these types of communications to you.
5 WHAT SECURITY MEASURES ARE IN PLACE TO PROTECT MY PERSONAL INFORMATION?
5.1 We will do our best to ensure your Personal Information is safe and secure. However, although absolute security cannot be guaranteed on the Internet, we have organisational security measures in place to protect your Personal Information against accidental or intentional manipulation, loss, misuse, destruction or against unauthorised disclosure or access to the information we gain from you.
5.2 While we cannot ensure or warrant the security of any Personal Information you provide us; we will continue to maintain and improve these security measures over time in line with legal and technological developments.
6 HOW WILL KAUAI SMART MEALS STORE MY PERSONAL INFORMATION?
6.1 We store your Personal Information in a secure central database. If the location of the central database is located in a country that does not have substantially similar laws which provide for the protection of personal data, we will take the necessary steps to ensure that your Personal Information is adequately protected in that jurisdiction.
6.2 Your information will not be stored for longer than is necessary for the purposes described in this Privacy Policy. It will be permanently and securely deleted if we no longer need it for the purposes provided in this Policy.
7 WILL KAUAI SMART MEALS SHARE MY PERSONAL INFORMATION WITH ANYONE ELSE?
7.1 You agree that Kauai Smart Meals may disclose your Personal Information to the following persons:
7.2 To Kauai Smart Meals employees and/or third party service providers, such as to process your requested services properly and efficiently and in order for them to interact directly with you.
7.3 To law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of Personal Information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of the Terms;
7.4 To our service providers (under contract with Kauai Smart Meals) who help with parts of our business operations (fraud prevention, marketing, technology services etc.). Our contracts dictate that these service providers may only use your Personal Information in connection with the services they perform for Kauai Smart Meals and not for their own benefit;
7.5 To third party service providers for services such as payment processing, website hosting, data analysis, infrastructure provision, IT services, customer service, e-mail delivery services, and other similar services, to enable them to provide services;
7.6 To third parties’ sponsors of promotions or partnerships (irrespective of whether such promotions are hosted by Kauai Smart Meals), or otherwise in accordance with the rules applicable to such promotions. You should carefully review the rules, if any, of each promotion in which you choose to participate, as they may contain additional important information about Kauai Smart Meals, a sponsor’s and/or other third parties’ use of your Personal Information;
7.7 To an affiliate or other third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including without limitation in connection with any insolvency and/or similar proceedings).
7.8 To the general public when you provide a rating or review of service received via social media, you consent to Kauai Smart Meals using that rating / review as we deem fit, including without limitation on the sites, in newsletters or other marketing material. The name that will appear next to that review will be your first name, as you would have provided upon registration. We will not display your surname, nor any of your contact details, with a rating or a review.
7.9 Any party or third-party other than as described herein only if you consent to the sharing.
7.10 We will ensure that all of our employees, third party service providers, divisions, affiliates and third party business partners (including their employees and third party service providers) having access to your Personal Information are bound by appropriate and legally binding obligations in relation to the confidentiality and security of Your Personal Information and are restricted in their processing thereof as per this privacy policy
8 WHAT PERSONAL INFORMATION DOES KAUAI SMART MEALS STORE ABOUT ME AND CAN I UPDATE OR DELETE IT?
8.1 You may at any time, request to view, edit or delete information we have collected about you. To see the Personal Information we have collected through the Kauai Smart Meals Website that relates to you, to cancel, unsubscribe, delete it and/or to correct or update this Personal Information, please email us at smartmealsconnect@kauai.co.za. In addition, we will always give you the opportunity to update your preferences regarding our use of your Personal Information.
8.2 To protect your privacy and security we will take reasonable steps to verify your identity before granting access. If you have any additional questions about Personal Data we hold about you, please contact us at smartmealsconnect@kauai.co.za.
9 CHILDREN’S PRIVACY AND OUR APPROACH
9.1 The Kauai Smart Meals website is accessible to children under the age of 18, however, our services do not address anyone under the age of 18. We do not knowingly collect personally identifiable information from children under 18.
9.2 In the case we discover that a child under 18 has provided us with Personal Information, we will immediately delete this from our systems. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us.
9.3 We require children to consult with their parents before providing Personal Information. We also encourage parents to supervise their children’s online activities by, for example, adopting parental control tools available from online services and software manufacturers that help provide a child-friendly online environment. These tools can also prevent children from disclosing online their name, address, and other information without parental permission.
9.4 We encourage parents to talk to their children about the use of the Internet and information they disclose to websites.
10 UPDATES MADE TO THIS PRIVACY POLICY
10.1 From time to time, we may revise this Privacy Policy to reflect company initiatives, changes in the law or technology or changes in our practices regarding the collection and use of Personal Data. Thus, you are advised to review this page periodically for any changes.
10.2 We will not use or disclose Personal Information provided to us pursuant to this Privacy Policy in ways other than the ones described above, without informing you and providing you with the opportunity to consent to such modified conditions concerning the use and disclosure of your Personal Information.
11 SA GOVERNING LAW & POPIA
11.1 The contents of this Privacy Policy shall be governed by the laws of the Republic of South Africa
11.2 You can access more information about the Protection of Personal Information Act (POPIA) law here: https://popia.co.za/
HAVE FURTHER QUESTIONS? CONTACT KAUAI SMART MEALS DIRECTLY
If you have any questions or comments about this Privacy Policy please feel free to contact us at smartmealsconnect@kauai.co.za. Any complaints regarding the treatment of Personal Information should also be directed to the above.

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