Terms and Conditions

1. TERMS OF WEBSITE USE
These terms of use (together with the documents referred to on it) tells you the terms of use on which you may make use of our application https://kitchen.kafoodle.com and http://www.kafoodle.com (together our “site”), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site as these will apply to your use of our site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

2. OTHER APPLICABLE TERMS

These terms of use refer to the following additional terms, which also apply to your use of our site:

2.1 Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

2.2 Our Cookie Policy , which sets out information about the cookies on our site.

3. INFORMATION ABOUT US

http://www.kafoodle.com is a site operated by Kafoodle Limited (“we”). We are registered in England and Wales under company number 08849729 and have our registered office at 2a The Quadrant, Epsom, England, KT17 4RH. Our VAT number is 200 4876 38.

4. MEMBERSHIP

The functionality of our site is available to fully paid UK based subscribers only. You bear responsibility for making payment to us in accordance with the payment provisions below. Once you become a fully paid subscriber you will be issued with a password and access to Kafoodle Kitchen will be activated. You must treat your password as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you (or your Authorised Users) knows your password, you must promptly notify us at support@kafoodle.com

5. USERS

5.1 The monthly/annual subscription fee (as applicable) is calculated by reference to the number of outlets operated by you or your organisation. It is your responsibility to ensure that you declare the actual number of retail outlets operated by you or your organisation.

5.2 For each outlet you may permit authorised users up to the total number of users defined in your subscription to access our site.

6. FEES

6.1 The subscription fees are as detailed on our site (“Fees”) and are subject to change as set out below. In consideration of payment of the Fees by you, you will be granted a password enabling you to access functionality of our site.

6.2 Fees are payable in advance either monthly or annually.

6.3 On becoming a subscriber, you shall provide to us valid, up-to-date and complete account or credit/debit card details and authorise us to:

6.3.1 collect the Fee for the first month or year of your subscription (as applicable); and

6.3.2 thereafter to collect the Fees, subject to clause 8 below, on each monthly or yearly (as applicable) anniversary of the subscription start date.

6.4 Your subscription unless cancelled or terminated earlier in accordance with clause 8 below, shall automatically renew for successive monthly or yearly periods (as applicable).

6.5 Failure to make payment shall be a material breach of your obligations under these terms of use. Without prejudice to our other rights under these terms of use we reserve the right to claim interest on late payment at the rate of 4% over the base rate of Lloyds Bank plc from time to time, commencing on the due date and continuing until fully paid, whether before or after judgement.

6.6 If we terminate the service due to non-payment and/or breach of any of these terms of use, you may be required to pay a reconnection fee, if the service is reactivated.

6.7 We may revise the Fees by giving you no less than 90 days’ notice in writing (which shall include e-mail) of any such increase. If such increase is not acceptable to you, you may terminate your subscription in accordance with these terms of use.

6.8 The Fees are exclusive of value added tax.

7. SUSPENSION OF SUBSCRIPTION FOR NON-PAYMENT

7.1 We may temporarily suspend your subscription if you are in arrears with any payment due to us for more than 7 days.

7.2 Where your subscription is suspended under this provision, you shall continue to pay the Fees until the subscription has been terminated by either you or us in accordance with the cancellation provisions contained in clause 8.

7.3 Your data may be deleted from our site if your subscription has been suspended and is not recommenced within 14 days.

8. CANCELLATION

8.1 If you are a monthly subscriber, then subject to your compliance in full with these terms of use your subscription shall continue for a minimum term of 1 month. Thereafter either party may terminate the subscription on 7 days written notice to each other before the renewal date. However you will not receive a refund of any Fees paid.

8.2 Notices to us under this clause 8 should be sent to the following e-mail address: support@kafoodle.com

8.3 Annual subscriptions shall, subject to your compliance in full with these terms of use, continue for a minimum term of one year. You may terminate an annual subscription on 14 days written notice to us before the renewal date. However you will not receive a refund of any Fees paid.

8.4 Without prejudice to any rights that have accrued to us under these terms of use, we may terminate your subscription without liability to you immediately (or following such notice period as we see fit) by giving notice to you if:

8.4.1 you fail to pay any amount due under these terms of use on the due date for payment and remain in default for not less than 14 days after being notified to make this payment;

8.4.2 you commit a breach of these terms of use, and (if this breach is remediable), fail to remedy that breach within a period of 7 days after being notified to do so; or

8.4.3 you are the subject of a bankruptcy order, or becomes insolvent, or make any arrangement or composition with or assignment for the benefit of your creditors, or go into voluntary (otherwise for reconstruction or amalgamation) or compulsory liquidation, or a receiver or administrator is appointed over your assets, or if the equivalent of any of these events under the laws of any of the relevant jurisdictions occurs to you.

8.4.4 you are subject to a change of control within the meaning of section 1124 of the Corporation Tax Act 2010.

9. ACCESS TO OUR SITE

9.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.

9.2 From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

9.3 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

10. INTELLECTUAL PROPERTY RIGHTS

10.1 We are the owner or the licensee of all intellectual property rights in our site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

10.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others in your organisation to content posted on our site. You may utilise the information that you obtain from our site in order to provide allergen information on menus, leaflets and marketing materials used solely within your organisation. You are not permitted to use, sell or distribute information obtained by you by using our site to any third party or any other organisation.

10.3 Save that you may print off menus and datasheets and customise those for your business, you must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

10.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged, unless specific written authorisation to do otherwise has been obtained and is current from Kafoodle Ltd.

10.5 Save as set out in 10.3 above, if you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

11. CHANGES TO OUR SITE AND TERMS

11.1 We aim to update our site regularly, and we may change the content at any time. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date. We do not guarantee that our site, or any content on it, will be free from errors or omissions.

11.2 We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

12. NO RELIANCE ON INFORMATION

12.1 The content on our site is for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

13. OUR LIABILITY

13.1 We warrant that the information supplied via our site will accord with the following guidelines:

13.1.1 We research our information regarding allergens with due care and diligence. However we obtain our information from several sources and are therefore unable to give any warranty as to allergen information obtained from third parties. We cannot accept liability for any inaccuracies or incorrect information regarding such allergen information provided on our site;

13.1.2 Where you have requested that we enter your data on to our site, unless you have provided specific allergen information, we will endeavour to link the appropriate generic data for products in their raw, uncooked state. We will take reasonable care to ensure this information is correct, however food products are constantly being reformulated and this information may be subject to change. We are unable to accept liability for any incorrect allergen information associated with a supplied ingredient or for inaccuracies in the pre-loaded data that is associated with our site; and

13.1.3 Where you have requested we enter your supplied ingredient data without providing us with actual allergen information, you will be responsible for checking that the assumptions we have made when linking allergen information to the supplied ingredients are appropriate. You must also amend such assumptions where inappropriate or incorrect before publishing this information on your menus or any other marketing or display materials.

13.2 To the extent permitted by law, we expressly exclude:

13.2.1 all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

13.2.2 if you are a business user, any liability for any indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

13.2.2.1 loss of income or revenue;

13.2.2.2 loss of business;

13.2.2.3 loss of profits or contracts;

13.2.2.4 loss of anticipated savings;

13.2.2.5 loss of data;

13.2.2.6 loss of goodwill; or

13.2.2.7 wasted management or office time.

13.3 Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by the law of England and Wales.

14. UPLOADING CONTENT TO OUR SITE

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute it and make it available to third parties. We will not be responsible or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site. We have the right to remove any content you upload to our site in our sole discretion.

15. VIRUSES, HACKING AND OTHER OFFENCES

15.1 We do not guarantee that our site will be secure or free from bugs or viruses.

15.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

15.3 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

15.4 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

16. LINKING TO OUR SITE

16.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

16.2 You must not establish a link from any website that is not owned by you.

16.3 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.

16.4 If you wish to make any use of material on our site other than that set out above, please address your request to support@kafoodle.com

17. LINKS FROM OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

18. JURISDICTION AND APPLICABLE LAW

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

19. CONTACT US

If you have any concerns about material which appears on our site, please contact support@kafoodle.com