Terms & Conditions

Terms and Conditions Agreement

Effective: Jan 1, 2024

PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. THE TERMS AND CONDITIONS (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND KIRICAL SERVICES.

1. Acceptance of this Agreement

KiriCal services provides an online marketplace connection to services to be provided in Kiribati, using web-based technology and portal that connects you and an independent service contractor (“Contractor”) in Kiribati.  KiriCal portal permits consumers to place orders of available goods and services from various merchants within KiriCal’s reach.  You will accept that this service is and will only be available or delayed dependent on internet availability at the intended destination (Tarawa, Kiribati only) of the service at the time of order. 

Once an order is made, the system will contact the contractor with the order details with contact and pickup/delivery instructions.   The contractor will confirm the delivery contact and schedule the order execution.   Once the contractor completes the order delivery, the contractor updates the order in the system.  The portal will then update and communicate to the User (consumer) the completion of the order. 

If you access our website located at https://KiriCal.com/ access any information, function, or service available or enabled by KiriCal, or complete the KiriCal account registration process, you, your heirs, assigns, and successors (collectively, “you” or “your”) hereby represent and warrant that: 

(a) you have read, understand, and agree to be bound by this Agreement; 

(b) you are of legal age in the jurisdiction in which you reside to form a binding contract with KiriCal; and 

(c) you have the authority to enter into the Agreement personally and, if applicable, on behalf of any organization on whose behalf you have created an account and to bind such organization to the Agreement.

The terms “User” and “Users” refer to all individuals and other persons who access or use the Services, including, without limitation, any organizations that register accounts or otherwise access or use the Services through their respective representatives. Except as otherwise provided in this Agreement, if you do not agree to be bound by the Agreement, you may not access or use the Services.

2. Modifications

KiriCal reserves the right to modify the terms and conditions of this Agreement or its policies relating to the services at any time, effective upon posting of an updated version of this Agreement. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.

3. Additional Terms and Policies

By using the Services, you agree to be bound by this Agreement and acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with KiriCal’s Privacy Policy.

4. Privacy Policy

5.  Rules and Prohibitions

Without limiting other rules and prohibitions in this Agreement, by using the Services, you agree that:

(a) You understand that the services and deliverables on KiriCal.com are local to Kiribati only and no deliverables will be mailed, shipped or provided outside of Kiribati.

(b) You will only access the Services using means explicitly authorized by KiriCal.

(c) You will not use another User’s account, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Services.

(d) You will not use the Services to cause nuisance, annoyance or inconvenience.

(e) You will not use the Services, or any content accessible through the Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any Merchant, User or Contractor, unless KiriCal has given you prior permission to do so in writing.

(f) The information you provide to us when you register an account or otherwise communicate with us is accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request.

(g) You will keep secure and confidential your account password or any identification credentials we provide you which allows access to the Services.

(h) You will not attempt to gain unauthorized access to the Services and/or to any account, resource, computer system, and/or network connected to any KiriCal server.

 (i) You will not try to harm other Users, KiriCal, or the Services in any way whatsoever.

(j) You will not engage in threatening, harassing, racist, sexist or any other behavior that KiriCal deems inappropriate when using the Services. 

(k) You will report any errors, bugs, unauthorized access methodologies or any breach of our services that you uncover in your use of the Services.

(l) You will not abuse our promotional or credit code system, including by redeeming multiple coupons at once or by opening multiple accounts to benefit from offers available only to first-time users.

In the event that we believe or determine that you have breached any of the aforementioned, we reserve the right to suspend and/or permanently deactivate your account at our sole discretion.

6. Contractors and Merchants Are Independent

You understand and agree that KiriCal provides a technology platform connecting you with independent contractor(s) who will provide the required services.  Displayed products and services are provided by independent Merchants and are not affiliated with KiriCal.  Contractor(s) will provide cart pickup and delivery services according to provided instructions. You acknowledge and agree that KiriCal does not itself prepare or provide the products or services, and has no responsibility or liability for the acts or omissions of any Merchant or Contractor.  KiriCal is not in the delivery business nor is it a common carrier. KiriCal provides a technology platform facilitating the transmission of orders by Users to contractor(s) to fulfill the orders, pickup or delivery by Contractor(s). KiriCal will not assess or guarantee the suitability, legality or ability of any Merchant product or Contractor. You agree that KiriCal is not responsible for the Merchants’ products or food preparation or the safety of the food or whether the photographs or images displayed through the Services accurately reflect the products and/or delivered by the Contractor, and does not verify Merchants’ compliance with applicable laws or regulations. KiriCal has no responsibility or liability for acts or omissions by any Merchant or Contractor. 

You agree that the goods that you purchase in the system will be filled by the contractor by purchasing from 3^rd party Merchants.  The ownership of goods passes from the Merchant to you at the Merchant’s location, and that, for delivery orders, the Contractor will be directed by your instructions to transport the products to your designated delivery location. You agree that neither the Contractor nor KiriCal holds title to or acquires any ownership interest in any goods that you order through the Services.

7. User Account

You may be required to register for an account to use parts of the Services. You must provide accurate, current, and complete information during the registration process and at all other times when you use the Services, and to update the information to keep it accurate, current, and complete. You are the sole authorized user of any account you create through the Services. You are solely and fully responsible for all activities that occur under your password or account. You agree that you shall monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or your account. You may not authorize others to use your User status, and you may not assign or otherwise transfer your User account to any other person or entity. Should you suspect that any unauthorized party may be using your password or account, you will notify KiriCal immediately. KiriCal will not be liable and you may be liable for losses, damages, liability, expenses, and fees incurred by KiriCal or a third party arising from someone else using your account, regardless of whether you have notified us of such unauthorized use. If you provide any information that is untrue, inaccurate, not current, or incomplete, or KiriCal has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, KiriCal has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). We may enable or require you to use a single pair of login credentials to use the KiriCal services. You agree not to create an account or use the Services if you have been previously removed by KiriCal, or if you have been previously banned from use of the Services.

8. User Content

(a) User Content. KiriCal may provide you with interactive opportunities through the Services, including, by way of example, the ability to post User ratings and reviews (collectively, “User Content”). You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post and/or otherwise transmit through the Services. You further represent and warrant that any User Content that you submit, post and/or otherwise transmit through the Services (i) does not violate any third-party right, including any copyright, trademark, patent, trade secret, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) does not contain material that is false, intentionally misleading, or defamatory; (iii) does not contain any material that is unlawful; (iv) does not violate any law or regulation; and (v) does not violate this Agreement. You hereby grant KiriCal a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicense able right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use the User Content in connection with KiriCal’s business and in all forms now known or hereafter invented (“Uses”), without notification to and/or approval by you. You further grant KiriCal a license to use your username, first name and last initial, and/or other User profile information.  You agree that this license includes the right for other Users to access and use your User Content in conjunction with participation in the Services and as permitted through the functionality of the Services. In the interest of clarity, the license granted to KiriCal herein shall survive termination of the Services or your account. KiriCal reserves the right in its sole discretion to remove or disable access to any User Content from the Services, suspend or terminate your account at any time, if you post any User Content that violates this Agreement or any community or content guidelines we may publish or that we consider to be objectionable for any reason. You agree that KiriCal may monitor and/or delete your User Content (but does not assume the obligation) for any reason in KiriCal’s sole discretion.

9. Communications with KiriCal

By creating a KiriCal account, you electronically agree to accept and receive communications from KiriCal, Contractors, or third parties providing services to KiriCal including via email, text message, calls, and push notifications to the cellular telephone number you provided to KiriCal. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of KiriCal, its affiliated companies and/or Contractor, including but not limited to communications concerning orders placed through your account on the Services

10. Your acceptance

By creating a KiriCal account, you accept this agreement. To view and retain a copy of this disclosure, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. 

11. Payment Terms

(a) Prices & Charges. You understand that: (a) the prices for products or other items displayed through the Service may differ from the prices offered or published locally at the merchant site; (b) KiriCal has no obligation to itemize its costs, profits or margins, exchange rate, when publishing such prices; and (c) KiriCal reserves the right to change such prices at any time, at its discretion. All payments will be processed by KiriCal or its payments processor, using the preferred payment method designated in your account. If your payment details change, you may provide us with updated card details. If you would like to use a different payment method or if there is a change in payment method, please update your billing information.

(b) No Refunds. Charges paid by you for completed and delivered orders are final and non-refundable. KiriCal has no obligation to provide refunds or credits, but may grant them, in each case in KiriCal’s sole discretion.

(c) Promotional Offers and Credits. KiriCal, at its sole discretion, may make promotional offers with different features and different rates to any User. These promotional offers are subject to the terms of this Agreement and may be valid only for certain Users as indicated in the offer. You agree that promotional offers: (i) may only be used by the intended audience, for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by KiriCal; (iii) are subject to the specific terms that KiriCal establishes for such promotional offer; (iv) cannot be redeemed for cash or cash equivalent; and (v) are not valid for use after the date indicated in the offer or in KiriCal’s Terms and Conditions for Promotional Offers and Credits. KiriCal reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that KiriCal determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, or in violation of the applicable promotion terms or this Agreement. KiriCal reserves the right to modify or cancel an offer at any time.

12. Dispute Resolution.

You agree that any dispute or claim relating in any way to your access or use of the Services, or to any aspect of your relationship or transactions with KiriCal as a User of our Services, all disputes will be resolved:

Informal Resolution. You and KiriCal agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and KiriCal therefore agree that, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this mutual Agreement. The party initiating the claim must give notice to the other party in writing of its, his, or her intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify KiriCal that you intend to initiate an informal dispute resolution conference, email resolution@KiriCal.com, providing your name, telephone number associated with your KiriCal account (if any), the email address associated with your KiriCal account, and a description of your claim. In the interval between the party receiving such notice and the informal dispute resolution conference, the parties shall be free to attempt to resolve the initiating party’s claims.

13. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. KIRICAL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH ITS SERVICES, OR, TEXT, GRAPHICS OR LINKS.

KIRICAL DOES NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, KIRICAL SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.

14. Internet Delays

The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications and frequent power outages in Kiribati.  KiriCal is not responsible for any delays, delivery failures, or damage, loss or injury resulting from such problems. 

15. Termination

If you violate this Agreement, KiriCal may respond based on a number of factors including, but not limited to, the egregiousness of your actions and whether a pattern of harmful behavior exists. 

In addition, at its sole discretion, KiriCal may modify or discontinue the Service, or may modify, suspend or terminate your access to the Services, for any reason, with or without notice to you and without liability to you or any third party. 

16. General

(a) No Joint Venture or Partnership. No joint venture, partnership, employment, or agency relationship exists between you, KiriCal or any third-party provider as a result of this Agreement or use of the Services.

 (b) Severability. Except as otherwise provided in this Agreement, if any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

(c) Electronic Communications. For contractual purposes, you (1) consent to receive communications from KiriCal in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that KiriCal provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. You agree to keep your contact information, including email address, current.

(d) Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. However, nothing in this Agreement shall supersede, amend, or modify the terms of any separate agreement(s) between you and KiriCal relating to your work as an employee or independent contractor, including, without limitation, any Independent Contractor Agreement governing your efforts as a Contractor.

17. Contact Information

KiriCal welcomes your questions or comments regarding the Terms:

support@KiriCal.com