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    Terms and Conditions: Artcaffé Moments Loyalty Programme

    Welcome to Artcaffé Moments!

    These Terms and Conditions govern participation in the Artcaffé Moments Loyalty Programme, operated by Artcaffé Coffee and Bakery, a company incorporated in Kenya. By signing-up as a Moments Loyalty Programme member and/or participating in the Moments Loyalty Programme, as defined below, you confirm you have read, understood and agreed to be bound by the following Terms and Conditions (hereinafter the “Terms”), our Privacy Policy, and any Programme Guidelines communicated from time to time. Please review these Terms carefully. By Signing Up for the Artcaffé Moments Loyalty Programme, you shall be deemed to have accepted to be bound by our Terms and Conditions. If you do not agree with these Terms, please do not proceed with Sign Up nor participate.

    Definitions:

    As used in these Terms and Conditions, "We", "Us", "Our", "Moments" “Programme” and “Artcaffe” mean the applicable Artcaffe Moments Loyalty Programme Contracting Party, and "You" or  “Member” means the Moments User (if registering for or using Moments Service as an individual), or the business employing the Moments User (if registering for or using Moments Service as a business) and any of its affiliates.“Account” means a member’s loyalty profile registered under the Programme. “Offer” is a discount, promotion, voucher code, or benefit made available to Members. “Participating Outlet” means any store, branch, digital platform or third party partner approved to honour Moments Offers.“Redemption” means utilising an offer in exchange for goods or services.

    Everyday language summaries are provided for convenience only and may appear in bold near each section, but these summaries are not legally binding.

    We reserve the right to update these Terms from time to time. We encourage you to review them periodically. Continued participation of Members in the Artcaffé Moments Loyalty Programme will be taken as acknowledgement and acceptance of the Terms as updated by Artcaffé. 

    Moments is a loyalty rewards programme for Artcaffé customers, exclusively offering discounts and promotional offers based on qualifying purchases made at participating outlets in Artcaffé restaurants, Artcaffé Market, Artcaffé Gastro and Artcaffe To-Go in Kenya, on the Artcaffé Market website, and occasionally with Third Party Partners of Artcaffé Coffee & Bakery. Moments is currently discount-based and non-transferable and it does not constitute a credit, payment, stored financial value, investment, payment service or banking service and the participation of Members creates neither a fiduciary relationship with Artcaffé nor vests any property rights in the Programme. Moments may evolve in the future to include additional features like exclusive member rewards or partnerships with Third Party service providers. Existing members will be notified of changes via relevant digital channels. Moments is operated by Artcaffé Coffee & Bakery, a limited company registered in Kenya with its principal place of business at Allied Industries, Godown 3 & 4, Baba Dogo Road, Baba Dogo, Nairobi.

    1. Eligibility and Sign-Up

    1.1. To access and participate in Moments benefits, you must Sign-Up for a Moments membership and create an account.
    1.2.  You must be at least 18 years old to be eligible to create an account as we trade in certain products that contain alcohol and tobacco that require our customers to have attained the age of 18 to purchase.
    1.3.  Sign-up is free and can be done in-store via QR Code. You must provide an accurate and active mobile phone number, your name, a valid email address and your date of birth to register. Where the Moments Member is a registered entity, an active mobile phone number, valid email address and the registered name of the entity shall be required. Upon enrollment, the mobile number you provide will be your unique loyalty identifier. 
    1.4.  Employees of Artcaffé and their immediate family members are eligible but must comply with internal policies to avoid conflicts. Contact your HR Representative for more clarification.
    1.5.  Accounts that are linked to bots or any other automated methods shall be terminated immediately without further reference to the Member involved.
    1.6.  We reserve the right to accept or decline any application without obligation to provide reasons.
    1.7.  You are responsible for keeping your account information accurate and secure. By registering, you agree to take full responsibility for all activities under your unique loyalty identifier and account. Notify us immediately of any unauthorized use including the violation, unauthorised disclosure or theft of your personal information, account or login details.You are solely responsible for ensuring your engagement in the Moments Loyalty Programme does not violate any Laws in the Republic of Kenya or any Third Party Rights. 

    2. Moments Loyalty Programme Overview

    Moments Loyalty Programme is currently discount and offer-based only. Benefits may include:

    1. Percentage discounts
    2. Value-based discounts
    3. Time-bound promotions
    4. Member-exclusive offers

    The Programme does not currently operate as a cash substitute, payment service, investment or stored-value wallet. Until we receive full payment inclusive of the discounts and offer-based benefits above, any products ordered by a Member remain our property.

     

    3. Earning and Redeeming Discounts

    3.1.  Discounts are applied based on qualifying actions at participating outlets, which may include “Qualifying Purchases”, frequency of visits, promotional campaigns and engagement activities. Qualifying Purchases may exclude items with an existing discount or offer. 
    3.2.  Discounts and offers may also be based on your purchase history and as such we may track your transactions. For example, after a certain number of visits or spend threshold, you may receive percentage discounts, free items, or special offers. All specific offers and discounts will be communicated via SMS, email, Artcaffe’s website, in-store or digital channels to Members.
    3.3.  Discounts have no cash value, are non-transferable, and cannot be exchanged for currency or credit; nor stored-value wallet.
    3.4.  Offers are time-limited and valid for the period specified in the offer communication.
    3.5.  Offers are subject to availability at the participating outlet.
    3.6.  Unless otherwise stated, only one Offer may be redeemed per transaction and Offers cannot be combined with other offers or promotions. Offers must be redeemed before expiry.
    3.7.  Redemption is subject to valid Moments membership identifier (phone number) to be presented before ordering at Artcaffé Restaurants, Gastros, Markets, To-Go, or at Participating Third Party Partners of Artcaffe. On the Artcaffé Market Website, you must be logged into your account to apply the Moments discounts/offers at check-out.
    3.8.  We reserve the right to refuse redemption on cancelled or refunded transactions, suspected misuse, abuse or fraudulent activity, or for transactions outside participating outlets.

     

    4.Offer Expiry & Forfeiture 

    4.1.  Offers expire on the date stated in the offer’s communication and will automatically lapse if unused.
    4.2.  Expired Offers cannot be reinstated, extended, replaced, or compensated in any form, including after account reactivation.
    4.3.  We reserve the right to cancel, modify, or withdraw any Offer at any time without prior notice and without liability, including (but not limited to) in cases of suspected fraud, abuse, technical error, or where continuation of the Offer would cause operational, legal, or financial difficulty. If an Offer is withdrawn before its stated expiry date, we will use reasonable endeavours to notify affected members, but no compensation will be payable.

    5. Inactive Accounts

    5.1.  If your Account remains inactive (i.e., no qualifying purchases, redemptions, or other account activity, for a continuous period of twelve (12) months, we reserve the right to suspend or permanently close the account without further notice.
    5.2.  Upon closure of inactive accounts:

    5.2.1.  We will delete your unique personal identifiers (such as name, phone number, email address, and unique loyalty identifier) from our active Loyalty Programme database.
    5.2.2.  We may retain certain transactional and engagement data (for example, purchase history, redemption records, and aggregated interaction patterns) solely for legitimate internal business purposes, including but not limited to business analytics, trend analysis, financial reporting, fraud prevention, and improving our services.

    5.3.  Such retained data will be held only for as long as necessary to fulfil the above purposes and in accordance with our Data Retention Policy and applicable Kenyan data protection laws.
    5.4.  Closure of an inactive account does not entitle you to any compensation, transfer of benefits, or reinstatement of previously earned discounts or offers.
    5.5.  You may prevent suspension or closure at any time by making a qualifying transaction or otherwise engaging with the Programme before the 12-month inactivity period expires.

     

    6. Member Obligations 

    6.1.  Moments members agree to provide accurate information, keep Account details updated, protect login credentials and use the Programme lawfully and fairly.
    6.2.  Any misuse or violation of the Terms and Guidelines, as well as violation of any Laws of Kenya that are applicable to Members under the Moments Loyalty Programme may result in suspension or termination of a Member’s account, and all suspension or termination shall not entitle a Moments Member compensation, damages or reimbursement under the Programme

    7. Data Protection and Privacy (DPA 2019 Compliant)

    7.1.  Your privacy is important to us. We process personal data in compliance with the Data Protection Act, 2019 (Kenya) and all subsequent regulations and guidelines from the Office of the Data Protection Commissioner (ODPC). 
    7.2.  Artcaffe Coffee & Bakery is the data controller of your personal information.
    7.3.  Data collected may include Contact information, Transaction history, Offer usage, Engagement behaviour.
    7.4.  We collect your transaction data for programme administration, personalised offers, analytics & service improvements. This is a contractual necessity for the Programme -  it is essential to track your purchases and deliver the benefits you are signing up for. 
    7.5.  By joining, you consent to and are automatically enrolled to receiving marketing-related communication. You may receive marketing information via SMS/Email or digital channels. 
    7.6.  You may "Opt-Out" of these marketing communications at any time via unsubscribe options that will be available on these digital communication channels or by sending an email to customercare@artcaffe.co.ke.
    7.7.  Under the Kenya Data Protection Act (2019), you have the right to access, rectify, or delete your data. You also have the right to withdraw consent or object to certain processing activities  of your data at any point in your customer journey. Contact us at customercare@artcaffe.co.ke for any support requests relating to your data.
    7.8.  We use reasonable measures to protect your data from unauthorized access, loss, or breach. Data is stored in secure systems and retained only as long as needed for the Loyalty Programme (specified under Clause 5.2) or legal requirements. Please read our Privacy Policy for more information on how we store your data.
    7.9.  We do not sell your personal data. 

    7.10.  Data may be shared with trusted service providers and Verified Partners strictly for Moments rewards programme operation.

    7.11.  We employ the use of cookies. By accessing our website, you agree to use cookies in agreement with our Privacy Policy,  which is accessible on our website. 

    Full details are available in our Privacy Policy.

    8. Third Party Partners

    8.1.  We may partner with third parties (e.g., fuel stations, retailers) to offer extended benefits.

    8.1.1.  We will only share your data with a partner if you specifically opt-in to that partner's ecosystem. For example, opting-in to a fuel station partnership allows us to share limited data (e.g., your loyalty identifier and relevant purchase info) for cross-promotions.

    8.1.2.  Partner Offers are subject to partner-specific terms and we shall not be responsible for partner service quality, partner product availability or partner fulfilment failures.

    8.1.3.  Once shared, the partner's privacy policy applies. We encourage you to review it before opting in.

    8.2.  You can revoke opt-out at any time, stopping future data sharing.

     

    9. Fraud, Misuse, and Account Integrity

    9.1.  We aim to maintain a fair Programme for all Members. You must not engage in fraud, misuse, or abuse, including but not limited to:

    9.1.1.    Creating multiple accounts to exploit discounts ("discount hunting") or using your account to gain an unfair economic gain or unauthorised commercial solicitation.
    9.1.2.    Colluding with employees for unauthorized benefits (employee-assisted fraud).
    9.1.3.    Applying Moments discount on already-discounted items (double discounting)
    9.1.4.    Using fake information, altering receipts, or reselling offers.
    9.1.5.    Any attempt to game the system for unfair advantage.

    9.2.  If fraud or misuse is confirmed, we may suspend or terminate your account, revoke discounts, or pursue legal remedies. 
    9.3.  In case of suspicious activity, we reserve the right to exercise reasonable investigations and may temporarily freeze your account for up to 30 days to conduct an audit.

    Report suspected fraud or misuse to our Customer Support on 0709 82 82 82.

    10. Programme Modification, Termination and Future Scaling

    10.1. Artcaffé Coffee and Bakery reserves the right to modify the Programme, including eligibility, discounts, rules, or features, at any time to improve it or adapt to business needs. We will provide fourteen (14) days' notice for any material changes by posting on our websites and digital channels and/or members notified via email/SMS, where feasible. Continued participation after changes constitutes acceptance.
    10.2.  We reserve the right to discontinue Moments or member participation with thirty (30) days' notice. After this period, unredeemed offers and/or unused discounts will expire immediately unless otherwise stated. Termination does not create a breach of contract or deprivation of property rights, as participation is voluntary and benefits are discretionary.
    10.3.  You can terminate your participation at any time by notifying us via customercare@artcaffe.co.ke. Your data will be handled per our Privacy Policy. Account closure shall be effected within seven (7) working days after notice.

     

    11. Limitation of Liability and Refunds

    To the extent permitted by applicable laws in Kenya:

    1. Moments is provided "as is" without express warranties.
    2. We are not liable for indirect, consequential, or punitive damages arising from the Programme.
    3. Our total liability is limited to the value of discounts you would have reasonably earned but for our error. In the event of a product return, refunds will only be processed for the actual net amount paid (after the discount was applied).
    4. While we strive for 100% uptime, we are not liable for technical glitches, network failures, or power outages or force majeure that prevent the application of discounts at the point of sale or online checkout, or partner failures.

     

    12. Dispute Resolution and Governing Law

    We promote fair and efficient resolution in line with Kenyan Laws and traditions. These Terms are governed by the Laws of the Republic of Kenya and jurisdiction is in the Kenyan courts, subject to the below.

    1. You agree to attempt an informal resolution in the first instance through our Customer Care team to resolve issues amicably and in good faith.
    2. Per Article 159 of the Constitution of Kenya, 2010, we encourage mediation before litigation. Disputes, claims or controversies that are not amicably resolved with our Customer Care team may be referred to a neutral mediator appointed by Artcaffe and the Member(s) .
    3. Where Artcaffe and the Member(s) fail to resolve with the aid of a neutral mediator, disputes, claims and controversies with a value of up to KES 1,000,000 shall be referred to the Small Claims Court of Kenya as per the Small Claims Court Act, 2016. While disputes, claims and controversies with a value over KES 1,000,000 shall be determined by a Court of competent jurisdiction.

     

    13. Intellectual Property

    13.1. All Moments Programme content, branding, and materials remain the intellectual property of Artcaffe Coffee & Bakery and may not be used without permission. 
    13.2.  You may not copy, download, share, modify, translate, transform, publish, republish, transmit, sell, sublicense, edit, transfer, assign to third parties, or create derivative works through your account or device. 
    13.3.  You cannot allow any third party to copy, download, share, modify, translate, transform, publish, republish, transmit, sell, sublicense, edit, transfer or create derivative works through your account or device.

     

    14. Miscellaneous and Contact information

    14.1. If any provision is invalid, the rest remain enforceable between Artcaffe and Members.
    14.2.  Our failure to enforce a term does not waive it.
    14.3.  These Terms constitute the full Agreement between us and the Member; no oral modifications made shall be legally enforceable.
    14.4.  Force Majeure: We are not liable for delays due to events beyond our control (e.g., natural disasters, strikes).
    14.5. You as the Member undertake that you are in full compliance with, and shall continue to comply with, all prevailing anti-money laundering and counter-terrorism financing laws and regulations in force in the Republic of Kenya. Artcaffé shall assume no liability under this programme in the event that you are found to be in breach of the prevailing laws. 
    14.6.  For questions regarding these Terms or your membership, please, reach us at : 


    Customer Care: 0709 82 82 82
    Email: customercare@artcaffe.co.ke
    Physical Address: Allied Industries, Godown 3 & 4, Baba Dogo Road, Baba Dogo, Nairobi, Kenya. 


    By Signing Up and participating, you confirm you have read, understood and agreed to these Terms. Thank you for being our loyal customer!

     

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