Terms of Service / End User License Agreement (EULA)

1. Introduction

Welcome to Grubbian. These Terms of Service ("Terms") govern your use of the Grubbian mobile application and related services ("Platform") provided by Grubbian (K) Ltd ("Grubbian," "we," "our," "us"). By accessing or using the Platform, you agree to these Terms.

2. Definitions

• User – any individual using the Platform.
• Diner – a User making a reservation.
• Restaurant Partner – a User representing and managing a restaurant.
• Service Providers – third-party companies providing core services to Grubbian, such as cloud hosting (e.g., Google) and payment processing (e.g., Paystack).
• Reservation – an order initiated by a Diner for a table and meals at a Restaurant Partner.
• Pending Order – an unconfirmed order awaiting review by a Restaurant Partner.
• Accepted Order – an order approved by the Restaurant Partner, pending payment by the Diner.
• Confirmed Order – an order that has been accepted and paid for by the Diner (the "Point of No Return").
• Cancelled Order – an order rejected by a Restaurant Partner or cancelled by a Diner before confirmation.
• Fulfilled Order – an order marked as completed by a Restaurant Partner, or automatically marked as fulfilled 24 hours after the booked time.

3. Eligibility

Users must be at least 18 years old. Restaurant Partners must have the legal authority to act for their restaurant.

4. License to Use the Platform

Grubbian grants you a limited, non-transferable, revocable license to use the Platform. You may not misuse, copy, or reverse-engineer the Platform.

5. General User Responsibilities (Applies to Everyone)

Provide accurate, up-to-date information. Keep account credentials secure. Comply with all applicable laws and regulations.

6. Additional Terms for Diners

• Diners may cancel orders freely while the order status is Pending or Accepted.
• Once payment is made and the order becomes Confirmed, the diner is bound by the booking.
• For orders classified as DEPOSIT_ONLY or MEAL_PRE-ORDER, failure to appear at the restaurant at the scheduled time ("No-Show") constitutes a forfeiture of the deposit or the total amount paid. Diners acknowledge that they cannot claim a refund for missed reservations.
• In the exceptional event that a Restaurant Partner is unable to fulfill a Confirmed Order and no suitable alternative arrangement can be found, the Restaurant Partner may issue a refund for the deposit or total bill paid. The maximum refundable amount shall be the amount paid by the diner, less any non-refundable processing fees charged by the payment service provider.
• Repeated No-shows may result in account suspension.

7. Additional Terms for Restaurant Partners

• Restaurants must provide accurate information (menus, availability, pricing).
• Once a Confirmed Order is received, the Restaurant Partner is duty-bound to fulfill it at the booked date and time.
• Restaurants may reject Pending Orders only before acceptance, with a valid reason provided.
• Restaurants must mark Fulfilled Orders within two (2) hours of service; otherwise, orders will auto-complete after 24 hours.
• Restaurant Partners must comply with all food safety, health, and licensing laws.

8. Reservations & Transactions

Reservations begin as Pending Orders. Restaurants may accept or reject Pending Orders. Accepted Orders require payment from the Diner to become Confirmed. Once Confirmed, the order cannot be cancelled (Point of No Return). Restaurants are responsible for timely fulfilment of Confirmed Orders.

9. Content & Intellectual Property

Grubbian owns all intellectual property in the Platform. User-generated content (e.g., reviews, photos, menus) remains owned by Users but is licensed to Grubbian for display and promotional purposes.

10. Privacy & Data

Grubbian complies with the Data Protection Act, 2019 (Kenya). User data is collected, processed, and stored according to this law and related regulations. Please see our Privacy Policy for details.

11. Payments

Grubbian does not at any point hold or manage user funds. Payments are processed securely by Paystack, our authorized payment provider. Payment processing complies with PCI DSS (Payment Card Industry Data Security Standard) and other applicable online money transfer regulations. Any issues with payment must be directed first to Paystack, though Grubbian will provide support in resolving disputes.

12. Service Providers Disclaimer

Grubbian relies on Service Providers (including but not limited to Google for hosting and Paystack for payments) to deliver core parts of the Platform. Grubbian does not guarantee uninterrupted access where interruptions are caused by Service Providers. Users acknowledge that outages, delays, or failures by Service Providers are outside of Grubbian's reasonable control, and Grubbian shall not be held liable for such events. By using the Platform, Users agree to also be bound by any applicable terms of Service Providers, where relevant.

13. Termination & Suspension

Grubbian may suspend or terminate accounts for violations of these Terms. Users may close their accounts at any time.

14. Disclaimers & Limitation of Liability

The Platform is provided "as is" without warranty of any kind. Grubbian is not responsible for food quality, restaurant service, or diner behavior. Grubbian is not liable for Service Provider outages, failures, or disruptions. Liability is limited to the maximum extent permitted by law and shall not exceed the total commission earned by Grubbian in the 12 months prior to the claim.

15. Indemnification

Users and Restaurant Partners agree to indemnify Grubbian from claims, damages, or expenses resulting from their actions or misuse of the Platform.

16. Governing Law & Dispute Resolution

These Terms are governed by the laws of Kenya. Disputes shall first be attempted through amicable resolution, failing which they may be referred to arbitration in Nairobi.

17. Miscellaneous

These Terms constitute the entire agreement between Users and Grubbian. If any provision is held invalid, the remainder shall remain enforceable. Grubbian may update these Terms from time to time; continued use of the Platform constitutes acceptance of updates.