The following document outlines the general terms and conditions (hereinafter referred to as the “Terms and Conditions”) that govern the contractual relationship between the User (hereinafter referred to as the “User” or the “Users” interchangeably) and SAVETIC S.A.C.V., with RFC No. SAV2205022A and domicile at Emilio Rebsamen Street 201, Benito Juarez, Mexico City (hereinafter referred to as “KIGÜI” and together with the User, the “Parties”) by virtue of the use of the platform offered through the website located under URL KIGÜI.com.ar and the mobile application called “KIGÜI” available on IOS and Android operating systems (hereinafter collectively referred to as the “Platform”).
The User will be subject to the Terms and Conditions described in this document, along with the Privacy Policy and other policies incorporated herein by reference.
Through its Platform, KIGÜI aims to create a solution for the global issue of food waste in commerce. To this end, it provides a Platform through which the User can upload a photo of the payment receipt issued to the final consumer (hereinafter referred to as the “Payment Receipt”) and of those products published on the Platform that are nearing expiration and are packaged at the origin (hereinafter referred to as the “Products”) purchased at the points of sale authorized by KIGÜI (hereinafter referred to as the “Points of Sale”). As a result of purchasing the Products and uploading the mentioned images, KIGÜI will grant an economic incentive through Credits – as defined in these Terms and Conditions – which the User can transfer to their own CBU or CVU accounts, converting them into money or making donations to food banks that have an agreement with KIGÜI (hereinafter referred to as the “Service”).
The Terms and Conditions are binding and must be read before accessing and using the Service.
CONSEQUENTLY, ANY PERSON WHO DOES NOT ACCEPT THESE GENERAL TERMS AND CONDITIONS MUST REFRAIN FROM USING THE PLATFORM AND/OR ANY OF THE SERVICES OFFERED BY KIGÜI.
CAPACITY TO USE THE PLATFORM
1.1. The Service is only available to individuals who have the legal capacity to contract, as provided by the current legislation of the Republic of Mexico. The Service will not be available to those who do not have such capacity or to Users who have been temporarily suspended or permanently disabled by KIGÜI.
REGISTRATION FORM
2.1. To access the Service provided through the Platform, the User must complete all fields of the registration form (hereinafter referred to as the “Registration”) with their correct data and verify that the information provided to KIGÜI is accurate, precise, and true.
The data provided in the Registration will be stored in a personal database for which KIGÜI is responsible. For more information, please consult the Privacy Policy.
2.2. Additionally, KIGÜI is authorized to request proof and/or additional data to verify the User’s personal information. Similarly, it has the right to temporarily or permanently suspend Users whose data could not be confirmed.
2.3. To access their personal account, the User must choose one of the following options: I. enter their email and the personal security key selected by them to access their personal account; II. link their personal account with Facebook or Google. If the User opts for the latter option, they must accept the terms and conditions and privacy policies of Google or Facebook, as applicable (hereinafter referred to as the “Account”).
2.4. The User understands that it is their obligation to keep their security key confidential, and they will be solely responsible for the care of their Account, assuming full responsibility towards KIGÜI and/or third parties for damages caused as a result of their actions, their dependents, or third parties authorized by the User, and must indemnify and hold KIGÜI harmless for any misuse.
The Account is personal, unique, and non-transferable. If different Accounts contain matching or related data, KIGÜI may cancel, suspend, or disable some or all of them without this entailing any right to claim by the User who owns the Accounts.
2.5. Access to the Service provided by KIGÜI by a competitor is prohibited unless previously authorized by KIGÜI. Nor may access be gained to monitor performance or functionality, publish the obtained information or make it accessible to any competitor or third party not governed by these Terms and Conditions, or for any other competitive purpose.
GENERAL SERVICE CONDITIONS
3.1. Once the User’s compliance with the following requirements has been verified, KIGÜI will recognize credits (hereinafter referred to as the “Credits”) to those Users who upload a photo of each Product and the Payment Receipt to the Platform, which proves the purchase at the Points of Sale.
3.2. The User understands that it is an essential requirement to receive Credits to upload a photo on the Platform of each purchased Product and the Payment Receipt. This image must be as clear as possible so that KIGÜI can view the included information. For example, the photo should contain the expiration date, purchase date indicated on the Payment Receipt, the net amount paid for the Product, the name of the Point of Sale. It will be the sole responsibility of the User to have an electronic device capable of taking the images and internet access to upload them to the Platform. KIGÜI reserves the right to deny the delivery of Credits to Users who have shared poorly legible or altered photos without this generating a right to claim by the User.
The User understands that only Payment Receipts printed by the Points of Sale will be valid. Additionally, KIGÜI reserves the possibility of incorporating new commercial establishments or removing some of the current Points of Sale. As a result, KIGÜI commits to informing through the Platform the current list of Points of Sale.
KIGÜI may at any time enable or suspend Products as it deems appropriate.
Likewise, the User understands and accepts that only Payment Receipts shared with KIGÜI within 24 (twenty-four) hours from the purchase date indicated on them will be accepted. The Payment Receipt must be a valid fiscal invoice in the Republic of Mexico for the final consumer. In this regard, the User consents and accepts that invoices of type “A,” “B,” or “C” or any other receipt not issued by the Point of Sale to the final consumer issued by any of the Points of Sale authorized by KIGÜI will not be admitted as Payment Receipts. Consequently, invoices that do not meet the mentioned requirements, as well as digital or physical tickets from supermarkets or stores not associated with KIGÜI, will not be valid.
KIGÜI may request the User to send the physical Payment Receipt, additional photos of it, or data it contains to verify the information of the Products’ accuracy and to prevent fraud or scams against KIGÜI. In this regard, the User understands and accepts that they must keep the Payment Receipts uploaded to the Platform for a period of 30 (thirty) calendar days from their upload to the Platform. If KIGÜI requests any of the data mentioned in this clause and the User is unable, for any reason, to provide the requested information, KIGÜI will have the right to reject the delivery of Credits and suspend the Account without this generating any right to claim by the User.
3.3. In parallel, the User may receive Credits as a reward for performing certain activities on the Platform, such as but not limited to: completing surveys, viewing informational or commercial videos on the Platform, uploading purchase receipts without linked products (hereinafter referred to as the “Activities”). KIGÜI will inform the User through the Platform of the total amount of Credits to be received for each Activity performed and its particular conditions.
3.4. KIGÜI may at any time enable or suspend Products as it deems appropriate, without this generating any right in favor of the User. KIGÜI commits to publishing on the Platform those Products on which promotions are valid, informing the percentage of their value that will be rewarded through Credits.
The total amount of Credits to be rewarded to the User will be determined by KIGÜI based on the percentage informed on the Platform, the net value of the Product paid by the User at the Point of Sale, and its expiration date. The User understands that the return of Credits for the purchased Products may be subject to restrictions and/or limitations that KIGÜI will communicate to the User through the Platform. KIGÜI reserves the right to alter or modify the Credit percentages, as well as the mentioned restrictions and/or limitations, as needed without generating any right to claim in favor of the User. KIGÜI will make its best efforts to ensure Credits are refunded immediately; however, in case of delays, KIGÜI will not be responsible, and the User will have no right to claims for this reason.
3.5. The User understands and accepts that they must have a minimum of 200 (two hundred) Credits to make a withdrawal (hereinafter referred to as the “Minimum Credit Amount”). KIGÜI is authorized to modify the Minimum Credit Amount at any time, with communication on the Platform being sufficient to apply.
3.6. If the User has the Minimum Credit Amount and intends to transfer them, they must request KIGÜI and provide the destination account details or inform the food bank to which they wish to credit the Credits (hereinafter referred to as the “Request”). According to the limits and restrictions set by KIGÜI, the User may make the Request to transfer to virtual or bank accounts of third parties (CVU or CBU), as well as to food banks incorporated into the Platform.
KIGÜI may set a maximum amount for the requests. This amount may vary according to the destination account, type of Request, and/or