Desafio

Terms of Service

Version 1.0-draft · effective 5 November 2026

These terms apply when you use the Desafio website or order from us online or at the restaurant. They are an agreement between you and Desafio Alimentario Limited ("we", "us"), KRA PIN [PLACEHOLDER: KRA PIN], of Ngong Lane Plaza, Ngong Lane on Ngong Road. Please read them with our Privacy Policy. Nothing in these terms takes away rights you have under the Consumer Protection Act, 2012 or other Kenyan law.

1. Who can use the service

You must be 18 or older to create an account and order online. You can browse the menu without an account. You are responsible for keeping access to your Google account and your phone secure, and for orders placed from your account.

2. Your account

You sign in with Google. Before your first order we ask for an M-Pesa phone number and for you to accept these terms and our Privacy Policy. Keep your details correct — you can change them in the Privacy Centre. We may suspend or close an account that is used fraudulently, abusively or against these terms; we will tell you why unless the law prevents it.

3. Ordering

  • Menu, photos and descriptions are a guide; dishes are freshly prepared and may vary slightly.
  • An order is placed when you tap Pay with M-Pesa and becomes binding on both of us when the payment succeeds. Until then we have not accepted it.
  • Items can sell out. Prices and availability are checked again when you check out; if something is unavailable we will tell you before you pay.
  • Unpaid online orders are cancelled automatically after about an hour.
  • We may refuse or cancel an order — for example if an item can't be made, the address is outside our delivery areas, or we suspect fraud. If you have already paid, we refund you in full.

4. Prices and VAT

Prices are in Kenya Shillings and include VAT at the applicable rate. Delivery fees depend on the delivery area and are shown before you pay; offers and their end dates are shown on the menu. The price you pay is the total shown at checkout. If we make an obvious pricing mistake we will contact you before preparing the order and you can cancel for a full refund.

5. Paying with M-Pesa

We take payment only by M-Pesa (Lipa na M-Pesa). After you place an order, a prompt appears on your phone; you approve it by entering your PIN on your own phone — we never ask for your PIN. An order is paid once Safaricom confirms the payment to us. At the restaurant, staff can send the prompt to the phone you give them, and a bill can be split across several phones. M-Pesa is provided by Safaricom PLC under its own terms; we are not responsible for M-Pesa outages, but your order will not be charged twice — if a prompt fails you can try again on the same order.

6. Delivery and pickup

  • We deliver only to the areas listed at checkout. Delivery and pickup times are estimates.
  • Please give an accurate address, landmark and phone number and be available to receive the order. If we can't reach you after reasonable attempts, we may treat the order as delivered.
  • For pickup, collect your order from the restaurant counter with your order number.
  • Check your order when you receive it and tell us straight away if anything is wrong or missing.

7. Cancellations and refunds

  • You can ask us to cancel an order until we start preparing it — call us or ask at the counter. Once preparation has started we can't usually cancel, because the food is made for you.
  • If we cancel an order, or an item is missing or not as described, we will refund the affected amount or replace the item.
  • Refunds are made by M-Pesa reversal to the paying number, normally within [PLACEHOLDER: refund timeframe, e.g. 3 working days].
  • Loyalty points earned on a cancelled order are removed.

8. Alcohol

We sell alcohol only to people aged 18 or older, as the Alcoholic Drinks Control Act, 2010 requires. You confirm you are 18+ when you add alcohol to your cart and at checkout. We or our rider may ask for ID on delivery or at the restaurant and may refuse to hand over alcohol if you can't show you are 18+ or appear intoxicated; in that case the alcohol is refunded.

9. Allergens and dietary information

Our kitchen handles common allergens, including nuts, gluten, dairy, eggs, fish, shellfish, soy and sesame. Labels such as "vegetarian" or "spicy" are a guide only and we can't guarantee any dish is free from allergens or traces. If you have an allergy, tell us in the order notes and call us before ordering. Please don't rely on photos for dietary decisions.

10. Loyalty programme

Signed-in customers take part automatically.

  • You earn 1 point for every Ksh 100 of a fully paid order (rounded down), multiplied by your tier.
  • Bronze — from 0 lifetime points, ×1
  • Silver — from 150 lifetime points, ×1.25
  • Gold — from 600 lifetime points, ×1.5
  • Points are earned only on orders that are fully paid, and removed if the order is cancelled.
  • Badges and streaks are just for fun and have no cash value.
  • Points have no cash value, can't be transferred or sold, and are lost if you delete your account. Redeeming points will be introduced later; we will publish the rules first.
  • We may change or end the programme with at least 30 days' notice on the website. We may remove points earned through fraud or abuse.

11. Acceptable use

Don't misuse the service: no fake orders, attempts to get around payment or age checks, automated scraping, attacks on our systems, or abuse of our staff or riders. We may block access for anyone who does.

12. Our content

The website, our name, logo, photos and menu texts belong to us or our licensors. You may use the website for ordering and personal reference only.

13. Our responsibility to you

We will provide the service with reasonable care and skill. We are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or failing to use reasonable care. Otherwise, and as far as the law allows, we are not liable for indirect loss, or for delays or failures caused by events outside our reasonable control (such as network or M-Pesa outages, power cuts, severe weather or road closures). Our total liability for any order is limited to the amount you paid for it. Nothing in these terms limits liability for death or personal injury caused by our negligence, for fraud, or any liability that cannot be limited under the Consumer Protection Act, 2012.

14. Complaints and disputes

Please contact us first at desafioalimentario@gmail.com or +254 727 529200; we aim to respond within 7 days. If we can't resolve it, either of us may refer the dispute to mediation before going to court. These terms are governed by the laws of Kenya, and the courts of Kenya have jurisdiction. You can also contact the Competition Authority of Kenya about consumer-protection concerns.

15. Changes to these terms

We may update these terms, for example when we add features or the law changes. The version and date are shown above. If the change is significant you will be asked to accept the new version at your next checkout. The terms that applied when you placed an order apply to that order.

16. Contact

Desafio Alimentario Limited, Ngong Lane Plaza, Ngong Lane on Ngong Road, P.O. Box 29014-00100, Nairobi, Kenya · desafioalimentario@gmail.com · +254 727 529200