These terms and conditions ( "Terms" ) shall serve as your User Agreement with Kanto Xpress Inc. ( "Kanto Xpress" ) and shall apply to your visit and use of its online community marketplace and delivery services, accessible via an application available for download thru our website at https://kantoxpress.com/ (the " Website" ), and its User Services, which are further defined below, as well as to all information, recommendations and/or services provided to you on or through the App and/or Website.
Please read the Terms set out below before ordering or purchasing any item from the App and/or Website. These Terms shall apply and be interpreted as an integral part of all orders and purchases from the App and/or Website, which are concluded with the Vendor (as the term is defined below). Contradictory general business terms of the Vendor will not become part of these Terms, even if they appear in quotations or order confirmations and are not objected to. By downloading, using and accessing the App and the Website, and/or ordering or purchasing any item displayed therein, you acknowledge that you have read, understood, accepted; and agree to be bound by these Terms.
Kanto Xpress reserves the right to amend, change, add or modify the Terms from time to time without prior notice to the users of the App and/or Website. Should there be material changes to the Terms, you shall be promptly notified via e-mail. You are strongly recommended to regularly review and read these Terms. As such, if you do not agree with the Terms, please close the App and/or exit the Website and do not use them and avail of the User Services. Your continued access or use of the App and/or Website after such posting such amendments, modifications and/or updates confirms your acceptance and consent to be bound by the Terms, as amended.
You likewise agree that the provisions, disclosures and disclaimers set forth herein are fair and reasonable and that your agreement to follow and be bound by these Terms is voluntary and is not a result of fraud, duress, or undue influence exercised upon you by any person or entity.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND Kanto Xpress.
Definition of Terms
Kanto Xpress refers to Kanto Xpress, Inc., a corporation duly organized and existing under the laws of the Republic of the Philippines, with principal business address at Unit 2-2 No. 9, Glenn St., Tandang Sora Avenue, Quezon City, Metro Manila, Philippines. It is an online community marketplace and delivery platform that connects Vendors to customers; and makes available certain proprietary technology services that facilitate the marketing, sale, delivery, and fulfillment of orders for Products.
Vendor refers to a merchant who has successfully created an account in the App and/or the Website as a merchant, and who has complied with the onboarding documents mandated by Kanto Xpress.
Product Listing Page refers to the page(s) in the App and/or Website where the information and Products of Vendors are listed.
User Account refers to the designated account for each User on the App and/or Website. Product/Products means any product available for sale in the App and/or Website.
Order means your selection and purchase of a Product of Vendors through the App and/or Website.
User Services means the services made available in the App and/or Website to Users, including the registration page, access to the list of Vendors and their Product menus, cascading Orders to the Vendors on behalf of Users, and access to Product delivery options.
User, You, Your refers to a Customer or Buyer who has successfully created and registered an account in the App and/or Website.
Rider shall refer to a rider who has successfully created an account in the App and/or the Website as a rider and who has complied with the onboarding documents mandated by Kanto Xpress.
Overview
A Vendor is independent from Kanto Xpress, and shall not be an agent, partner, or employee of Kanto Xpress. For the avoidance of doubt, a Vendor is not authorized to make or enter into any commitments or agreements for or on behalf of Kanto Xpress.
You hereby acknowledge that a Vendor is acting on its own behalf and not for the benefit of any other person.
Account
A User Account is required to place an Order through the App and/or Website To create a User Account on the App and/or Website, you must be at least eighteen (18) years of age. If you are under eighteen (18), you may place an Order only with the involvement of a parent or guardian, who by accepting these Terms shall agree to take responsibility for your actions and any charges associated with your use of the App and/or Website and/or purchase of Products.
By downloading, using and accessing the App and the Website and/or ordering or purchasing any item displayed therein you represent that you are at least eighteen (18) years of age, or are the parent, guardian, and of sound mind to form a legally binding contract with Kanto Xpress. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the App and the Website immediately.
You shall be responsible for all communication and/or transactions made via the App and/or the Website using your account and password. Kanto Xpress shall not be responsible or liable for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your User Account.
You agree that by creating a User Account, you are consenting to the acceptance, use and storage of your personal information and business information such as, but not limited to:
First Name
Last Name
E-mail address
Mobile Number
Social Media Account
Address/Location
You represent that all information which you will provide is true and accurate. You will keep your information up to date by informing us of any change/s through the management of your account.
After inputting all of the required information through the App and/or Website sign up page, you will receive a One-Time Pin (OTP) through the mobile number you provided. You shall then be required to input this OTP to verify your identity. Failure to input the correct OTP will result in failure to create your User Account.
Once your User Account has been created, you will have access to the list of Vendors and their Product menus found in their respective Vendor Pages, and you will have the option to place Orders.
You also agree that you will not choose or use a username that: (i) belongs to another person or is used with the intent of impersonating another person; or (ii) is subject to any rights of a person other than you without appropriate authorization. You agree never to use another person’s Account or log-in details to access the Application and/or Services.
Your username and unique password are personal to you and you are solely responsible for maintaining the confidentiality and use of your User Account, username, unique password and/or log-in details. You hereby acknowledge that Kanto Xpress shall not be liable for your choice of username and/or any liabilities attached thereto. Kanto Xpress is not liable for any harm caused or related to theft or misappropriation of your username, unique password and/or log-in details, disclosure of your username and unique password, or your authorization of anyone else to use your username and unique password.
Kanto Xpress shall not be liable for Orders that encounter delivery issues due to incomplete, incorrect or missing information provided by you. You are obliged to provide information that is complete, accurate and truthful for the proper processing of the Order, including your delivery address and contact information.
If you wish to delete your User Account, please send us an email requesting the same or click the link provided in your User Account on the App or Website. We may restrict, suspend or terminate your User Account and/or use of the App and/or Website, if we reasonably believe that: someone other than you is using your User Account; or where you are suspected or discovered to have been involved in any activity or conduct that is in breach of these Terms, our policies and guidelines, or involved in activity or conduct which we deem in our sole discretion to be an abuse of the App and/or Website.
Product
All Products listed in the App and/or Website are being offered for sale by the applicable Vendor. Kanto Xpress does not provide any representation as to the quality, accuracy or merchantability of the Products listed in the Vendor Pages. You hereby acknowledge that Kanto Xpress shall not be liable for your choice of Products and any liabilities attached thereto (including those pertaining to preparation, sanitation, ingredients, packaging and deliver). Kanto Xpress is not liable for any harm caused or related to the quality, accuracy or merchantability of the Products listed in the Vendor Pages.
Some featured Products on the App and/or Website may not suitable for minors (e.g., alcoholic beverages, cocktails, tobacco, and the like), and some may contain common allergens (e.g., nuts, peanuts, fruits, shellfish, eggs, cow's milk, etc.). You hereby acknowledge that Kanto Xpress shall not be liable for any negative effect, harm, injury, death, or damage that the purchase and consumption of these Products may cause to you or an intended recipient of the Product.
Kanto Xpress is not obligated to provide ingredient information or allergen information on the App and/or Website. Further, Kanto Xpress does not guarantee that the Products sold by Vendors are free of allergens. If you have allergies, allergic reactions or dietary restrictions and requirements, please contact the Vendor before placing an Order in the App and/or Website.
Any Order that you place through the App and/or Website is subject to Product availability, delivery capacity of the Riders, and the acceptance of Orders by the Vendors.
Prices, specifications and availability of Products may vary and are subject to change depending on factors such as, but not limited to, designated pick-up date and time, enforcement of area lockdowns and forced road and establishment closures by the government and private entities, pandemics, inclement weather, and other natural disasters.
Kanto Xpress shall exert its best efforts to ensure accuracy in the posting of pricing information, without giving full guarantee that discrepancies will not occur. However, Kanto Xpress shall not be responsible for changes in prices, specification and availability caused by fortuitous events (i.e. events which could not be foreseen or which, though could be foreseen, are inevitable), such as but not limited to, war, riot, civil commotion, compliance with any law or governmental order, rule, regulation or direction and acts of third parties, enforcement of area lockdowns and forced road and establishment closures by the government and private entities, pandemics, inclement weather, other natural disasters.
All Product descriptions provided on the App and/or Website are on an as-is basis, and are without warranties, express or implied.
Product images as seen on the App and/or Website may slightly differ from the actual product you receive.
Fulfillment Process
From the time the Vendor concerned is notified of your Order, all communication regarding the fulfillment of said Order shall be between you and the said Vendor, and you and the Rider, as the case may be.
Kanto Xpress shall not be responsible for any miscommunication between you and the Vendor, or between you and the Rider in the course of the fulfillment process and shall not be liable for any damage, costs, fees, or litigation cases arising therefrom.
For direct communication with the Vendors, you can refer to their respective Vendor Pages where their contact details (i.e., mobile number, landline number, fax number and electronic mail address) may be found.
Placing of Orders
You are required to provide the delivery address in order for the App and/or Website to display the Vendors available in your delivery area.
Once you select a Vendor, you should be able to view the specific Product Listing Page of such Vendor from where you can select and add Products to the cart.
You understand that our Vendors offer their Products in specific delivery areas and our Vendors vary from delivery area to delivery area. By entering your delivery address in the App and/or Website, you will see the Vendors that we make available to you at that time. Delivery areas may expand, shrink or change depending on weather and traffic conditions and situations of force majeure.
Any contract for the purchase of products through the use of the App and/or Website shall be between you and the Vendor.
Before an Order is placed, you will need to select Products to add to your cart, click the "Check Out" button, confirm their delivery address and click the "Place Order" button. No Order shall be processed for acceptance of the Vendor until the "Place Order" button is clicked and payment for the ordered Product(s) has been completed and confirmed.
In the event that the Order corresponds to a Product which is listed in the Vendor Product Listing Page as for "Pre-Order," it shall be understood that the Vendor has allotted at least one (1) day for preparation of said Product prior to delivery.
You agree that Products for Pre-Order will not be delivered immediately after the "Place Order" button is clicked and payment for the ordered Product(s) has been completed and confirmed.
You shall be solely responsible for determining which Product(s) are for "Pre-Order" and for communicating with the Vendor any request for clarification regarding the same.
You may be required to provide additional details for us to complete your Order. You are required to review and confirm that all the information you provide, including the amounts, delivery details, personal details, payment information, and voucher codes (if applicable) is true, accurate and complete before you click "Place Order". An Order is successfully placed when you receive an email confirmation containing your Order receipt from us as well as an in-app notification.
Some of our Vendors may require a minimum order value (MOV) as may be indicated in their Product Listing Page before an Order can be placed and delivered to you. Where an applicable Order fails to meet the MOV, you will have the option of paying the difference to meet the MOV or to add more Products to your Order.
Kanto Xpress and the Vendor (as the case may be) reasonably endeavor to comply with your special instructions for an Order. However, in some cases where this is not feasible, possible or commercially reasonable, Kanto Xpress and/or the Vendor reserve the right to proceed to prepare the Order in accordance with standard operating procedures. Kanto Xpress shall not be responsible for replacing or refunding an Order which does not conform to special instructions provided by you.
Please note that your Order may be subject to additional terms and conditions provided by the Vendor.
It shall not be possible to place another Order until the present one made and confirmed has not been completed through actual delivery of the ordered Product(s) to you.
Prices
Product prices shall be solely determined by the Vendor and prices shall be inclusive of all taxes due as computed and represented by the Vendor. Kanto Xpress shall not be responsible for the accuracy of the said computation. Prices and offers on the App and/or Website may vary from the prices and you accept that offers offered by our Vendors (either on their own websites, mobile applications, or at their brick-and-mortar outlets).
Kanto Xpress does not guarantee that the prices charged and posted by the Vendor on the App and/or Website are the same as the prices charged in the physical stores of the Vendor, if any.
Product prices shall not be inclusive of the delivery fees which shall be indicated in the App and/or Website and which may vary depending on the location of the delivery address and the time that the Order is placed.
A breakdown of the prices and additional charges are displayed before checkout. When you place an Order, you agree to all amounts, additional charges and the final ‘Total’ amount which is displayed to you.
Prices indicated on the App and/or Website are as at the time of each Order.
Subject to availability, promo codes may be used in the App, which may contribute to deductions in standard prices indicated therein.
Order Confirmation
Upon the Vendor's receipt of your Order request, it may either accept the Order or not, subject to its sole discretion. Kanto Xpress shall not be liable for the Vendor's refusal of Order requests.
You will receive a confirmation message through e-mail and/or text message (SMS) if the Vendor accepts the Order request or a message stating that the Order cannot be processed if the Vendor refuses the Order request for whatever reason.
Payment
The total price of Products ordered, including delivery charges and other charges will only be communicated to you after you select their preferred delivery method.
Upon your selection of your preferred payment method, you shall be prompted to confirm your payment.
You can choose to pay for an Order using any of the different payment methods offered on the App and/or Website such as, but not limited to, bank transfer, credit/debit card, eWallets, over-the-counter options, cash-on-delivery, and such other payment method that may be offered from time to time.
You shall be solely responsible for ensuring the accuracy of any credit card, debit card, online payment account, or virtual currency details required for the facilitation of your chosen payment method. All available payment options shall be indicated in the App and/or Website. Kanto Xpress shall not be responsible for the security of any payment made through means other than those provided in the App and/or Website.
By choosing payment methods which entail disclosure and input of credit card, debit card, online payment account, or virtual currency details, you agree to consent to Kanto Xpress' collection, storage, use, processing and disclosure of the same in accordance with Kanto Xpress' Privacy Policy.
Kanto Xpress reserves the right to offer additional payment methods and/or remove existing payment methods at any time in its sole discretion. If you choose to pay using an online payment method, the payment shall be processed by our third-party payment service provider(s). With your consent, your credit card / payment information will be stored with our third-party payment service provider(s) for future orders. Kanto Xpress does not store your credit card or payment information. We make use of a payment gateway, for the handling and processing of payments transactions for your purchase on the App and/or Website and for customer support issues related to these payments such as dispute management, refunds cancellations and returns, and if applicable, local consumer law matters.
Delivery
Vendors shall be solely responsible for the timely booking of a Rider who will pick up the Order and deliver it to Users. However, Kanto Xpress reserves the right to monitor all efforts, or lack thereof, of the Vendor to book a Rider, and to perform any and all necessary corresponding measures to ensure that deliveries are made, insofar as possible.
The Rider will deliver the Order to your indicated delivery address. You shall be solely responsible for ensuring the accuracy of your indicated delivery address. Kanto Xpress shall not be liable for any cost, fees or damages resulting from the input of wrong delivery addresses or miscommunication thereof.
You agree and acknowledge that the geolocation/pinned delivery addresses you input are anonymously processed by third-party web mapping services relied on by Kanto Xpress. As such, despite the inputting of an accurate delivery address, limitations of the current technology behind such third-party web mapping services may result in unavoidable inaccuracies and delay in delivery.
You agree to hold Kanto Xpress free and harmless from liabilities resulting from such inaccuracies and delays due to said limitations of current technology.
Upon pick up of the Order by the Rider from the Vendor, you will receive a notification that your Order is in transit.
The Vendor and/or the Rider shall be responsible for confirming that the Order has been picked up by the Rider which will prompt the sending of the notification that the Order is in transit.
You shall be responsible for ensuring that Orders will be received at the delivery address you indicated. Kanto Xpress shall not be liable for your failure or refusal to accept the Order despite timely delivery made by the Rider, of if the Order cannot be received due to your failure to provide appropriate instructions or authorizations.
You shall bear all risk and responsibility in relation to such Orders and shall be liable for all storage fees, insurance, and other costs, which the Vendor may incur as a result of your failure or refusal to accept Orders without valid and reasonable cause.
The Vendor shall be solely responsible for communicating to Users their terms and procedure for indemnification and settlement, if any, in the cases specified above.
The Vendor through the Rider shall deliver your Order to the delivery address provided by you. You may choose for your Order to be delivered “ASAP” or scheduled for a specific time. An estimated delivery time will be provided to you but delivery times shall vary depending on factors that are not controlled by Kanto Xpress, the Vendor and the Rider (e.g., order quantity, distance, time of day (peak periods), weather conditions, traffic conditions, etc.). You acknowledge that the delivery time we provide is only an estimate and Orders may arrive earlier or later. To ensure that you do not miss a delivery of an Order, you should ensure that either you or someone is at the delivery location to receive the Order once an Order is placed.
Kanto Xpress shall not be responsible for mishandling of Products, destruction or damage to Products due to packaging and storage, including the failure of Rider to deliver the Products based on estimated time.
Return and Refund Policy
Vendors shall be solely responsible for communicating their Return and Refund Policy, if any, to the User in case of any concern regarding a defective or faulty Product.
Kanto Xpress shall not be responsible for ensuring the legality of the Return and Refund Policy of Vendors, and shall not be liable for any damage, cost, fee or litigation case arising from the same.
Cancellation
Vendors shall be solely responsible for communicating their respective Cancellation Policies for Orders to the User.
Vendors shall be solely responsible for informing you that your Order has been cancelled according to the terms of their respective Cancellation Policies.
Kanto Xpress shall not be responsible for the cancellation of Orders initiated by you or the Vendor for whatever reason and shall not be liable for any damage, cost, fee or litigation case arising from the same.
Notwithstanding the terms of the Cancellation Policies of Vendors, Kanto Xpress reserves the right to cancel Order(s) due to the following:
When there is reasonable ground to believe that a User has undertaken a fraudulent or suspicious transaction;
If you remain uncontactable or fail to receive the Order within ten (10) minutes from the time the Order arrives at your delivery address; and the cancellation shall be without refund or remedy to you; or
It is found that your cancellation was made with malicious intent.
Kanto Xpress reserves the right to deny access to and use of the App and/or Website to non-compliant Users and/or to communicate to the Vendor concerned regarding non-compliance with these Terms in relation to the placement of Orders and payment of for the same, with due notice to said User.
Representations and Warranties
You acknowledge and agree that the content on the App and/or Website are provided on an “as is” and “as available” basis, and that your use of or reliance upon the App and/or Website and any content, goods, products or services accessed or obtained thereby is at your sole risk and discretion.
While Kanto Xpress makes reasonable efforts to ensure the provision of the App and/or Website and the services we offer, are available at all times, we do not warrant or represent that the App and/or Website shall be provided in a manner which is secure, timely, uninterrupted, error-free, free of technical difficulties, defects or viruses. Please expect temporary interruptions of the App and/or Website due to scheduled or regular system maintenance work, downtimes attributable to internet or electronic communications or events of force majeure.
Kanto Xpress does not make any representation or warranties with respect to the availability of the Products on the App and/or Website as well as the quality, quantity, condition, merchantability, edibility, or representations about the Products thereof, or guarantee the accuracy or completeness of the information (including menu information, photos and images of the Products) displayed on the App and/or Website Neither does Kanto Xpress expressly or impliedly support or endorse the sale or purchase of Products on the App and/or Website. Kanto Xpress shall not be liable for any errors or omissions regarding any information relating to the Products you post on your Vendor Page.
Kanto Xpress shall neither be liable for actions or omissions of the Vendor nor you in regard to provision of the Products. Nothing in these Terms shall exclude Vendor’s liability for death or personal injury arising from Vendor’s gross negligence or willful misconduct.
Kanto Xpress shall exercise best efforts to display available Products, including accurate appearance in terms of color, size, shape and description, based on the information declared by Vendors. However, Kanto Xpress shall not be liable for any inconsistency with appearance or inaccuracy with claims of colors, which involves trademark ownership.
You acknowledge and agree that Kanto Xpress shall act as your agent for cascading your Orders on the App and/or Website to Vendors, and that Kanto Xpress has no relationship with you other than to provide the App and/or Website as the platform for such Orders of Products to be placed with the Vendors. At no time shall Kanto Xpress have any right, title or interest to such items or goods. Kanto Xpress does not have any control over the quality, failure to provide or any other aspect whatsoever of the Products, and is not responsible for damages or delays as a result of Products which are out of stock, unavailable or back ordered.
Information and Privacy Policy
Please refer to Kanto Xpress's Privacy Policy, which forms part of these Terms.
Limitation of Liability
Kanto Xpress shall exercise ordinary diligence in keeping all information on the App and/or Website accurate. Kanto Xpress does not warrant that use of the App and/or Website will be error-free or fit for all purposes, or that the App and/or Website and the server that makes it available are free of viruses or technical anomalies. However, Kanto Xpress shall ensure maintenance of the App and/or Website for continuous functionality.
By accepting these Terms, you agree to release Kanto Xpress from any liability whatsoever, and waive your right to make any claim against it with regard to matters arising from your use of information from any third party, your use of any third-party website, and your purchase of Products to users through the App and/or Website.
Kanto Xpress disclaims any and all liability to you for your purchase of Products from Vendors to the fullest extent permitted under applicable laws without breaching your statutory rights as a consumer.
Kanto Xpress shall not be liable for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system due to usage of the App and/or Website.
Kanto Xpress shall not be held liable for any failure or delay in performing the Services or any of its obligations under these Terms where such failure arises as a result of any act or omission, which is outside its control, such as all overwhelming and unforeseen events caused directly and exclusively by force majeure that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction, acts of third parties, enforcement of area lockdowns and forced road and establishment closures by the government and private entities, pandemics, inclement weather, and other natural disasters.
The Products found on the App and/or Website are provided for domestic and consumer use only. Accordingly, Kanto Xpress shall not be liable for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of their use of the App and/or Website.
Kanto Xpress shall exercise ordinary diligence to prevent Internet Fraud and shall secure any and all data collected from you. However, Kanto Xpress shall not be held liable in the event of unauthorized use or breach of your computer or server security or similar acts committed by third parties.
Kanto Xpress reserves the right to block or refuse future service/s to any User when there is reasonable belief that an abuse of vouchers and/or discount codes, if made available on the App and/or Website, is committed or when the transaction involved fraud or attempt to commit fraud. Additionally, should an abuse of vouchers or discount codes be committed, Kanto Xpress reserves the right to seek compensation from any and all violators.
Offers found on the App and/or Website are subject to Kanto Xpress's full discretion and may be withdrawn at any time without notice.
Complaints
For inquiries and concerns, please contact our customer service department at ________________ and ____________.
Intellectual Property
The App and/or Website and all materials provided therein, including the software, HTML code, script, text, artwork, photographs, video and audio (the “Materials”) are protected by copyright laws and/or Intellectual Property Laws. All Materials provided in the App and/or Website shall be used only for personal and informational purposes. No right, title, or interest in the App and/or Website shall be conveyed to you, the user. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit the App and/or Website or any of its Materials without the written consent of Kanto Xpress. You may also not access or use the App and/or Website for any competitive or commercial purpose. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Materials in any way without our prior express written consent. You are not allowed to copy any of the Materials herein. Any unauthorized copying, alteration, transmission, performance, display or other use of these Materials is prohibited.
Kanto Xpress shall retain exclusive interest in and ownership of its Intellectual Property and nothing in this agreement will function to transfer any of its Intellectual Property rights to any of the users of the App and/or Website.
Restrictions
The following is a non-exhaustive list of the types of conduct that are illegal or prohibited on the App and/or Website. Kanto Xpress reserves the right to investigate and take appropriate legal action against anyone who, in Kanto Xpress’ sole discretion, engages in any of the prohibited activities. Prohibited activities include, but are not limited to the following:
Kanto Xpress reserves the right but is not obligated to do any or all of the following: investigate an allegation that any content posted on the App and/or Website does not conform to these Terms and determine in its sole discretion to remove or request the removal of the content; remove content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms; suspend or terminate a user’s access to the App and/or Website, or their User Account upon any breach of these Terms; monitor, edit, or disclose any content on the App and/or Website; and edit or delete any content posted on the App and/or Website, regardless of whether such content violates these standards.
Miscellaneous Provisions
These Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines. The parties hereto submit to the exclusive jurisdiction of the courts of Quezon City, Philippines.
The Terms set forth herein shall remain effective and shall remain binding upon you until and unless you discontinue any further use of the App and/or Website and for the duration of your affiliation as a Vendor.
Kanto Xpress shall not be liable for termination of this User Agreement. Kanto Xpress's right to be indemnified pursuant to the terms hereof, shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for Products already ordered through the App and/or Website, delivery fees related thereto, and other costs and fees for the use of the App and/or Website if any, and shall not affect any liability that may have arisen under the User Agreement prior to the date of termination.
You agree to indemnify, defend, and hold Kanto Xpress, its affiliates, shareholders, directors, employees, agents, service providers, suppliers, subcontractors, successors and assigns, harmless from and against any and all claims, demands, actions, causes of action, damages, costs, and expenses, including reasonable attorney's fees and other expenses of litigation, penalties, fines, damages, and losses, made by any third party due to or arising out of your breach of the Terms stated herein and the documents they incorporate by reference, or by your violation of any law or the rights of a third party.
Kanto Xpress may subcontract any part or parts of the Services it provides to you at any time.
Kanto Xpress may assign or novate any part or parts of its rights under these Terms without your consent.
Kanto Xpress may alter or vary the Terms at any time without prior notice to you and without your consent.
Initiating any automated system or program in connection with the App and/or Website or their online ordering functionality is not allowed.
Collecting any personally identifiable information from the App and/or Website including the use of communication systems provided on the App and/or Website, for any commercial solicitation purposes is not allowed. Distribution or publication of vouchers or codes, solicitation for any reason whatsoever to any users of the App and/or Website, and hacking or scraping the App and/or Website, are prohibited acts, which will be dealt with accordingly to the fullest extent available under the law.
The Terms together with the attached Privacy Policy (and the respective amendments), and any form required for the use of the App and/or Website and availment of Services therein, shall constitute the entire agreement between you and Kanto Xpress. In the event of any conflict between these Terms and any other term or provision on the App and/or Website, these Terms shall prevail.
If any of the Terms shall be deemed invalid, illegal or unenforceable, such term or condition shall be deemed not written and the remainder shall continue to be valid and in force.
No delay or failure on the part of Kanto Xpress to enforce its rights or remedies under these Terms shall constitute a waiver on its part of such rights or remedies unless such waiver is set forth and confirmed in writing by its duly authorized representatives.