WEBSITE TERMS AND CONDITIONS OF SUPPLY
This page (together with the documents referred to on it) tells you the terms and conditions which shall apply to your use of any of our membership packages and on which we supply any of the services (Services) listed on our websites www.kitchencut.com and www.kitchencut.com (our sites) to you. Please read these terms and conditions carefully before subscribing to and/or using any of our membership packages. You should understand that by subscribing to any of our membership packages, you agree to be bound by these terms and conditions (as varied from time to time in accordance with clause 21 of these terms and conditions). You should print a copy of these terms and conditions for future reference. Please click on the button marked “I Accept” during the sign up process if you accept them. If paying by invoice and by accepting and using these services and/or membership you are deemed to accept these terms and conditions and policies and be bound by them. Please understand that if you refuse to accept these terms and conditions, you will not be able to subscribe to any of our membership packages.
1 INFORMATION ABOUT US
We operate a website www.kitchencut.com (We). We are Kitchen Cut Limited a limited company registered in England and Wales under company number 7757271 and with our registered office at Chiltern House, Station Road, Henley on Thames, Oxfordshire RG9 1AT. Our VAT number is 131255941.
2 YOUR STATUS2.1 By placing an order to subscribe to a membership on our site, you warrant that:
2.1.1 you are legally capable of entering into binding contracts; and
2.1.2 you are at least 18 years old.
2.1.3 you are entering into this contract on the basis of a business to business supply of services and you waive the right to any consumer protection under the Unfair Contract Terms Act 1977, the Unfair Terms and Consumer Contracts Regulations 1999, the Sale and Supply of Goods to Consumer Regulations 2002, the Consumer Protection (cancellation of contracts concluded away from business premises) Regulations 1987 and the Consumer Credit Acts 1974 and 2006.
3 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US3.1 As follows, when:
- You sign up for free trial – completing form and ticking box to acknowledge that you accept terms and conditions
- An email is sent to you confirming that you have a trial account with a username and password
- You then have a 14 day free trial during which you will receive information about how to set up/use/make the most of your account
- During the initial 14 day free trial period you can chose to upgrade to a subscription membership.
- At the end of the trial if you have not upgraded to paying membership, the trial account will then be suspended for three months. After three months the account will be deleted and you will no longer be able to use that email address to register for an account.
4 LINKS FROM OUR SITEWe may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products or services you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. If you are contracting as a consumer this DISCLAIMER does not affect your statutory rights against the third party seller. Our website will refer to third parties and we may disclose your customer information related to that transaction to the third party seller.
5 PRICE AND PAYMENT5.1 The then current monthly subscription fee for each of our membership packages (“the Fee”) will be as quoted on our site from time to time.
5.2 The Fee shall be payable monthly or annually in advance according to your choice. Payment of the monthly Fee shall be taken every 28 days starting from the date you register to use the service. Payment of our annual fee will be taken at the time you register. We shall collect the Fee automatically from the credit or debit card number that you provide to us on your registration form as set out in clause 6.4 below.
5.3 The Fee paid includes VAT (where applicable). However, if the rate of VAT changes, we reserve the right to adjust the Fee to take into account the change in VAT. This will not affect the Fee for any month which you have already paid in full before the change in VAT takes effect.
5.4 All payments must be made in pounds sterling by credit or debit card. We accept payment with Visa, Visa Debit, MasterCard and Maestro cards via Paypal or UK customers can pay via Direct Debit. Group businesses can pay via invoice for annual accounts only. We reserve the right to alter the cards we accept.
5.5 You can upgrade your membership package at any time on our site. Any upgrade will take effect immediately and your new monthly payment date will run from the date you upgrade.
5.6 We reserve the right to alter the Fee at anytime. We will notify you in advance by email of any increase in the Fee and you will have the option of cancelling your membership before the increase becomes effective. If you do not cancel your membership before the increase becomes effective we will collect the increase Fee from you in accordance with clause 6.1.
5.7 If you register for our free trial package, your trial membership will be for the duration specified on our site from time to time. The free trial offer entitles new, registered users to a one-time free trial usage of the Services. You do not require a credit card to sign up for a trial
5.8 Any additional add-ons purchased through your account settings will be deducted monthly in advance on the date you subscribe to the additional services. Failed payments will be reprocessed 5 times. If a payment fails, then the account (and any associated accounts/linked accounts) will be suspended and the master account holder will be notified. If the lapsed payment exceeds three months, we have the right to delete the account. If an account is dormant (e.g a subscription is not paid for – either failed payment, unpaid invoice etc) for 3 months we have the right to cancel the account and delete associated data. Users will be notified of this prior to any action being taken. Within those 3 months you are able resubmit your payment details in order to restart/reactivate your account and to access the data you have stored. It’s down to the individual member (account owner) to check the subscriptions being charged to the account are correct, and they are being charged the correct amount, along with any added extras. It does not fall under KC support team’s time to check values and subscriptions as all users can access their account to view historic charges and purchases. Through the account settings they can view their payment history and make any adjustments as necessary. Businesses who pay via invoice must pay the invoice in full within the specified payment terms otherwise their account may be suspended and be inaccessible until payment has cleared.
6 CANCELLATION OF YOUR SUBSCRIPTION6.1 Subscriptions are paid monthly in advance and there will be no refunds or credits for partial months of service, upgrade/downgrade accounts, or for months unused with an open account. 6.2 Once you have logged in to the members area on our site and started to use the subscription service you can cancel your monthly subscription at any time by going through the cancellation process in your ‘My Packages’. Until we receive this notice we will continue to deduct your subscription from your debit or credit card via Paypal each month. Please note: All data will be deleted during the cancellation process and once completed, we will not be able to recover your recipes/pricing/data/reports. Cancellations will only be accepted through your account settings. If this is not possible for any reason, at our discretion we will accept cancellation via email or other forms of communication.
6.3 Any additional add-ons purchased through your account can be cancelled at any time. In order to do this you will need to reduce (by deleting) the recipes/users on your account to the appropriate amount before downgrading to allow the add-ons to be cancelled. Please note: All data will be deleted during this process and once completed, we will not be able to recover your recipes/pricing/data. There is no refund on part-used months. Once you have had a trial account, if you wish to subscribe to a paying membership, you will need to sign up into the account you registered for the free trial and then resign.
7 TERMINATION AND SUSPENSION7.1 We have the right to terminate your membership at any time by giving you 14 days notice by email. Upon termination we will cease charging you and we will not collect any further payments.
8 GENERAL REPORTING AND ANALYSISOur software and system allows you via membership to input and store details of your recipes and ingredients and to access reports, data displays and information relating to your cooking and your kitchen management and profitability. All of the functions depend entirely on the information you and your suppliers can contribute and input. We accept no liability for the information reports, data displays, recipes and ingredients compiled and displayed in the software in the system. You are liable for the information you contribute to the system and for your use and interpretation of the system and its facilities.
9 RECIPE STORAGE AND CALCULATION TOOL, CONSULTANCY ARTICLES AND MANAGE TOOLS & REPORTING9.1 As part of our membership packages, you will have the option of uploading recipes and/or images to the recipe storage tool on our site (Recipe Storage Tool). The number of recipes and/or images that you are able to upload will depend on which membership package you subscribe to, (details of which are set out on our site from time to time and are also available to view in account settings). Any recipes and/or images which you upload will only be viewable by you, or any person authorised by you, using your log-in details or members assigned to your package by you. Recipes/image uploaded remain the property of the person or organisation paying the subscription fee.
9.2 You should keep copies of all recipes and/or images that you upload to the Recipe Storage Tool. We will have no liability to you for the loss of, or restricted access to, any recipes and/or images or if our site is unavailable at any time or for any period. Nor do we accept liability for any recipes deleted or amended by members assigned to your package by you.
9.3 Any recipes and/or images uploaded to the Recipe Storage Tool will be deleted when your membership is terminated or, on the expiry of a trial membership period, unless you register for one of our membership packages before the trial period expires. You will have the option of printing off a copy of any recipes and/or images before your membership is terminated or expires. 9.4 The recipe calculation tool on our site (Recipe Calculation Tool) will calculate dish costs based on your ingredient and price data that you put in to the system. You can update your ingredients and prices as frequently as you like, your recipes will only be as accurate as the pricing you have in your system at that time. The system will benefit from regular price updates to ensure it is up to date and reflective of the prices you pay to your suppliers. When you update your pricing, this will migrate across all of your live recipes in the system and the dashboard will show alerts where
9.5 We also do not accept responsibility for the accuracy of any additional ingredients/prices entered in to the system by members you assign to your package or your suppliers or the performance of the system or the Recipe Storage Tool as a result of the use of the system on the Recipe Storage Tool by you or members you assign to the package or your suppliers.
9.6 Articles published on our website have been written by third party contributors and relate to the services we provide and the operation of catering businesses in general. We give no warranty as to the validity and contents of their articles and don’t accept any liability for your use or interpretation of those articles.
10 MESSAGE BOARDAs part of our membership packages (on Executive and Group Network only) you will have access to the Sharing Platforms known as “Message Board” within the software which allows users to share content including documents, emails, videos and social media content. The users and contributors to this section remain personally liable for their use and contributions and we accept no liability for the validity and legality of this facility.
11 ALLERGENSThe software and system details and identifies Allergens associated within any ingredients. The system’s ability to track and tag Allergens relies entirely on the details of the ingredients and recipes that users and their suppliers load onto the system. We accept no liability as to the validity and details of Allergens within ingredients or recipes. Users are responsible for the details of the ingredients and recipes loaded onto the system and for identifying the existence of any Allergens within their own ingredients and recipes and for the response and reaction to any Allergens which are identified.
12 NUTRITIONALThe nutritional values of dishes entered on the system are compiled from third party databases supplied by the FSA and USDA. These values are indicative only and we accept no liability for the analysis and users should rely on their own investigations and calculations.
13 OUR LIABILITY TO A BUSINESS13.1 Subject to clause 10.4, if we fail to comply with these terms and conditions, we shall only be liable to you subject to clause 10.2, for any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure. Our liability shall be limited to the fee paid for the month in which the incident takes place.
13.2 Subject to clause 10.4, we will not be liable for losses that result from our failure to comply with these terms and conditions or any failure by the software or system that fall into the following categories even if such losses result from our deliberate breach or a failure or suspension of the software or system:
13.2.1 loss of income or revenue;
13.2.2 loss of business;
13.2.3 loss of profits;
13.2.4 loss of anticipated savings;
13.2.5 loss of data; or
13.2.6 waste of management or office time.
13.4 We do not in any way exclude or limit our liability for:
13.4.1 death or personal injury caused by our negligence;
13.4.2 fraud or fraudulent misrepresentation; and
13.4.3 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
14 WRITTEN COMMUNICATIONSApplicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15 NOTICES AND COMMUNICATIONSAll notices given by you to us must be given to Kitchen CUT Limited at Chiltern House, Station Road, Henley on Thames, RG9 1AT or firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order to subscribe to our site, or in any of the ways specified above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16 TRANSFER OF RIGHTS AND OBLIGATIONS IF YOU ARE A BUSINESS16.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17 EVENTS OUTSIDE OUR CONTROL17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
17.2.1 strikes, lock-outs or other industrial action;
17.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
17.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
17.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
17.2.5 impossibility of the use of public or private telecommunications networks; and
17.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
18 WAIVER18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.
19 SEVERABILITYIf any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20 ENTIRE AGREEMENT20.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
20.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
20.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
21 OUR RIGHT TO VARY THESE TERMS AND CONDITIONS21.1 We reserve the right to revise and amend these terms and conditions at any time, for example (without limitation) to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
21.2 You will be subject to the policies and terms and conditions in force at the time that you use the website. We will notify you of any significant change to our policies or these terms and conditions after we send you the Confirmation Email (in which case we have the right to assume that you have accepted the change to our policies and/or these terms and conditions, unless you notify us to the contrary within seven working days of receipt of our notification).
21.3 These terms and conditions and our contractual relationship with you are not altered or varied in any way by any subsequent terms and conditions issued by you or your suppliers and can only be altered by a formal document varying the terms and conditions and signed by both you and us.