Terms of Use
Effective date: August 26,2026
Last updated: August 26,2026
These Terms of Use ("Terms") are a binding agreement between you ("you" or "User") and Ando Foods Limited, a company incorporated in [Kenya / Rwanda — confirm holding structure] with its registered address at [ADDRESS] ("Ando," "we," "us," or "our"), governing your access to and use of the Ando mobile application, including any related websites, features, and services (together, the "Service").
By creating an account, placing an order, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Eligibility
1.1 You must be at least 18 years old to create an account or place an order on Ando. If you are below 18, you may only use the Service with the involvement and consent of a parent or legal guardian.
1.2 You must be located in a market where Ando operates (currently Kenya and Rwanda) and able to receive deliveries at a valid address within our service area.
1.3 You represent that all information you provide during registration is accurate, current, and complete, and that you will keep it updated.
2. Account Registration
2.1 To place an order, you must create an account using a valid phone number and/or email address, and any other information Ando requests to verify your identity and enable delivery.
2.2 You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at marketing@andofoods.co if you suspect unauthorized use of your account.
2.3 One account per person. You may not create an account on behalf of someone else, use another person's account, or maintain more than one active account, except where Ando explicitly permits business or family accounts.
2.4 Ando may request identity or payment verification at any time and may suspend an account pending verification.
3. Account Termination and Deletion
3.1 Termination by you. You may delete your account at any time from within the app (Settings > Account > Delete Account) or by contacting [SUPPORT EMAIL]. Deletion removes your ability to place orders and, subject to Section 3.4, your personal data will be deleted or anonymized in line with our Privacy Policy.
3.2 Termination by Ando. We may suspend or terminate your account, with or without notice, if you: (a) violate these Terms or our Community Guidelines; (b) provide false, fraudulent, or misleading information; (c) engage in abusive behavior toward riders, restaurant partners, or Ando staff; (d) misuse promotions, referral codes, or Ando Pass; or (e) engage in activity we reasonably believe is fraudulent, unlawful, or harmful to Ando, other users, or third parties.
3.3 Where practical, Ando will provide notice and a reason for suspension or termination. Ando is not obligated to provide notice where doing so would compromise an investigation, safety, or legal compliance.
3.4 Effect of termination. Outstanding payment obligations, any accrued but unresolved order disputes, and any provisions of these Terms that by their nature should survive (including Sections 6, 7, and 8) will survive termination. Any unused, unexpired Ando Pass period is forfeited on termination for cause under 3.2; see Section 5.5 for termination not for cause.
3.5 Account data is retained and deleted in accordance with our Privacy Policy and applicable data protection law (including Kenya's Data Protection Act, 2019, and Rwanda's Law No. 058/2021 on the Protection of Personal Data and Privacy).
4. Ando Pass
4.1 What it is. Ando Pass is an optional paid membership that provides unlimited free delivery on eligible orders and access to exclusive restaurant discounts, for a fixed period of 30 days from the date of purchase ("Pass Period").
4.2 Pricing. The price of Ando Pass varies by market and is displayed in the app in local currency (e.g., KES in Kenya, RWF in Rwanda) before purchase. Ando may change pricing for future purchases at any time; a price change does not affect a Pass Period you have already paid for.
4.3 Auto-renewal. Ando Pass automatically renews for successive 30-day periods, and your payment method will be charged the then-current price at the start of each new period, unless you cancel before the renewal date. Your Pass Period will renew automatically until you cancel.
4.3.1 How to cancel. You may cancel auto-renewal at any time from within the app. Cancellation takes effect at the end of the current Pass Period; you retain your Ando Pass benefits until that period ends, and will not be charged for the next period.
4.4 Payment. Ando Pass is paid for using an available payment method on file in the app (e.g., mobile money, card), which is also charged automatically at each renewal.
4.5 Refunds and cancellation. (a) Cancelling auto-renewal stops future charges but does not refund the Pass Period you're currently in; you keep the benefits through the end of that period. (b) Charges for a period already renewed are non-refundable except: (i) where required by applicable consumer protection law; or (ii) where Ando, in its discretion, determines a technical error prevented you from receiving the benefit.
4.6 Benefit limits. "Unlimited free delivery" applies to delivery fees only, is subject to a maximum order radius and any fair-use limits stated in the app, and does not cover service fees, surge pricing during exceptional demand, or the cost of items ordered. Discounts are set by participating restaurant partners and may change or be withdrawn at their discretion.
4.7 Ando may modify, suspend, or discontinue Ando Pass, or change its benefits, on notice through the app. Changes will not reduce the benefits of a Pass Period you have already paid for.
5. Orders and Delivery
5.1 Placing an order. When you place an order through Ando, you are entering into a purchase agreement with the restaurant or merchant partner for the food or goods ordered. Ando facilitates that transaction and arranges delivery; Ando is not the seller of the food or goods unless explicitly stated.
5.2 Payment. You authorize Ando (and, where applicable, its payment processing partners) to charge your selected payment method for the full order total, including item cost, delivery fee, service fee, and any applicable tax, at the time of order confirmation.
5.3 Order accuracy and availability. Menu items, prices, and availability are set by restaurant partners and may change without notice. Ando is not responsible for menu errors, mispricing, or item unavailability, but will make reasonable efforts to notify you and offer a substitution, adjustment, or refund where an ordered item cannot be fulfilled.
5.4 Cancellation by you. (a) You may cancel an order before the restaurant begins preparing it, subject to any cancellation window shown in the app. Orders cancelled within this window are eligible for a full refund. (b) Orders cancelled after preparation has begun, or after a rider has been dispatched, may be subject to a partial or no refund, to cover costs already incurred, as disclosed in the app at the time of cancellation.
5.5 Cancellation by Ando. Ando or a restaurant partner may cancel an order due to item unavailability, an inability to fulfil delivery, suspected fraud, or circumstances outside Ando's reasonable control (see Section 5.8). Where Ando cancels an order, you will receive a full refund of amounts charged for that order.
5.6 Delivery. Estimated delivery times shown in the app are estimates, not guarantees. Delivery times may be affected by weather, traffic, restaurant preparation time, or other factors outside Ando's control.
5.7 Delivery issues and liability. (a) Late delivery. Ando will make reasonable efforts to meet estimated delivery windows but is not liable for delays caused by factors outside its reasonable control, including traffic, weather, restaurant delay, or incorrect address information provided by you. (b) Missing or incorrect items. If your order arrives incomplete, incorrect, or not as described, report it through the app within [24 hours / TIME WINDOW — business decision] of delivery. Ando will investigate and, where warranted, issue a refund or credit for the affected items. (c) Failed delivery. If a rider is unable to complete delivery because you are unreachable, provided an incorrect or inaccessible address, or refuse the order without a valid reason (e.g., not matching what was ordered), the order may be treated as delivered and no refund will be issued, other than at Ando's discretion. (d) Food safety and quality. Ando is a delivery and technology intermediary and, except where Ando itself prepares food (e.g., dark kitchens operated by Ando, if applicable), is not responsible for the quality, safety, or fitness of food prepared by independent restaurant partners. Complaints about food quality or safety should be reported through the app; Ando will pass verified complaints to the relevant restaurant partner and may, at its discretion, issue goodwill credits. (e) Damage or loss in transit. Ando's liability for an order lost or damaged in transit due to rider error is limited to a refund or credit of the affected order value, and does not extend to consequential losses (see Section 7).
5.8 Force majeure. Ando is not liable for any failure or delay in performance caused by events outside its reasonable control, including natural disasters, civil unrest, government action, strikes, internet or power outages, or public health emergencies.
6. Prohibited Conduct
You agree not to: (a) use the Service for any unlawful purpose; (b) provide false order, delivery, or payment information; (c) abuse promotional codes, referral programs, or Ando Pass; (d) harass, threaten, or discriminate against riders, restaurant staff, or Ando personnel; (e) attempt to reverse-engineer, scrape, or interfere with the Service's normal operation; or (f) circumvent any security or access-control feature of the Service.
7. Disclaimers and Limitation of Liability
7.1 "As is" service. The Service is provided "as is" and "as available." To the maximum extent permitted by applicable law, Ando disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
7.2 Limitation of liability. To the maximum extent permitted by applicable law, Ando's total liability to you for any claim arising out of or relating to the Service or these Terms, whether in contract, tort, or otherwise, is limited to the greater of (a) the amount you paid to Ando for the specific order or Ando Pass giving rise to the claim in the preceding 3 months, or (b) [KES/RWF amount — set a floor].
7.3 Exclusion of indirect damages. To the maximum extent permitted by applicable law, Ando is not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of the Service.
7.4 Carve-outs. Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for death or personal injury caused by proven negligence, fraud, or willful misconduct.
7.5 Indemnity. You agree to indemnify and hold Ando, its officers, employees, and agents harmless from any claim arising from your breach of these Terms, misuse of the Service, or violation of applicable law.
8. Dispute Resolution and Governing Law
8.1 Informal resolution first. Before filing any claim, you agree to contact Ando at marketing@andofoods.co and attempt to resolve the dispute informally for at least [30] days.
8.2 Governing law. These Terms are governed by the laws of the Republic of Kenya, without regard to conflict-of-law principles. [FLAG: confirm this against your Rwanda user base — see note below.]
8.3 Venue / arbitration. Any dispute not resolved informally will be submitted to [binding arbitration under the Nairobi Centre for International Arbitration (NCIA) rules, seated in Nairobi / the exclusive jurisdiction of the courts of Kenya — pick one, confirm with counsel]. [If arbitration: each party bears its own costs unless the arbitrator rules otherwise; the arbitration will be conducted in English.]
8.4 Class action waiver. [Only include if enforceable in your jurisdictions — confirm with counsel; class-action waivers are a common-law/US concept and may not be enforceable or even meaningful under Kenyan or Rwandan civil procedure.]
8.5 Rwanda users. [PLACEHOLDER — see critical note at the end of this document. A single Kenya governing-law clause is unlikely to be fully enforceable against Rwandan consumers for disputes arising entirely in Rwanda.]
9. Apple App Store Additional Terms
This section applies only if you downloaded the Ando app from the Apple App Store, and supplements the Standard Apple EULA / this custom license to the extent required by Apple:
9.1 This agreement is between you and Ando only, not Apple. Ando, not Apple, is solely responsible for the Service and its content.
9.2 Apple has no obligation to furnish maintenance or support for the app.
9.3 In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app to you; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app.
9.4 Apple is not responsible for addressing any claims by you or any third party relating to the app, including product liability claims, claims that the app fails to conform to legal or regulatory requirements, and claims arising under consumer protection or similar legislation.
9.5 Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party claim that the app infringes intellectual property rights.
9.6 You must comply with applicable third-party terms when using the app (for example, your mobile carrier's data terms).
9.7 Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple has the right to enforce these Terms against you as a third-party beneficiary.
9.8 Ando's name and contact address for App Store purposes: Ando Foods Limited, [ADDRESS], marketing@andofoods.co.
10. General Provisions
10.1 Changes to these Terms. Ando may update these Terms from time to time. Material changes will be notified through the app or by email at least [7] days before taking effect. Continued use after changes take effect constitutes acceptance.
10.2 Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in full force.
10.3 No waiver. Ando's failure to enforce any provision is not a waiver of its right to do so later.
10.4 Assignment. You may not assign these Terms. Ando may assign these Terms in connection with a merger, acquisition, or sale of assets.
10.5 Entire agreement. These Terms, together with the Ando Privacy Policy and any in-app disclosures referenced here, constitute the entire agreement between you and Ando regarding the Service.
10.6 Contact. Questions about these Terms: marketing@andofoods.co