© Kitchup 2015-2018. All Rights Reserved.
1.1 The website www.kitchup.co.uk (the “Platform”) is an online platform that connects the owners of commercial Kitchen space (“Kitchen Hosts”) with businesses (“Kitchen Clients”) seeking to hire a commercial kitchen space (“Kitchen”) on a temporary, short-term basis.
1.2 The Platform is owned and operated by Kitchup Ltd (“Kitchup”, “we”, “us”, or “our”), a limited company registered in England under company number 09403139. Our registered office address is Belmont House, Station Way, Crawley, RH10 1JA. If you have a query or would like to speak to us about these terms, please contact us by email at [email protected].
1.3 These terms apply to all services provided or arranged by us to Kitchen Hosts and/or to Kitchen Clients (“Services”). These terms do not apply to the hire of the Kitchen itself. Kitchen hire from a Kitchen Host is dealt with under the Kitchen Hire Agreement (or other custom agreement provided by the Kitchen Host) made between the Kitchen Host and the Kitchen Client and we will not be a party to that agreement. We do not own, control or manage any kitchens listed on the Platform.
1.4 In these terms “you” refers to Kitchen Hosts and/or Kitchen Clients (as appropriate).
1.5 Please read these terms carefully to ensure you understand them. By creating an account on the Platform, you are agreeing to these terms. The terms may be varied at any time by posting amended terms on the Platform. The terms which will apply to a booking will be those terms applicable at the time your booking is confirmed.
1.6 These terms relate to your use of the Platform once you have created an account but do not relate to your use of the website otherwise (our website terms of use can be viewed here). Please also see our Data Protection Notice for information about how we collect and use your personal data and for information about cookies.
2.1 To use our Services, you will be required to register and create an account on the Platform which will form the basis of your profile (“Profile”).
2.2 To create an account you must:
3.1 To enquire about a Listing, a Kitchen Client can send an enquiry via that Listing (“Enquiry”) or alternatively contact us directly by email at: [email protected].
3.2 If a Kitchen Client wishes to view a Kitchen before making a booking, this can be requested when submitting an Enquiry. If a viewing is not possible at the times requested by the Kitchen Client in the Enquiry, a Kitchen Host and Kitchen Client can communicate directly via the messenger tool to arrange a viewing.
3.3 We are entitled to monitor all communications made between a Kitchen Host and a Kitchen Client via the messenger tool on the Platform to ensure that all parties are acting in accordance with these Terms and with all applicable laws and regulations. We will monitor communications on a frequent and ad-hoc basis.
3.4 We strongly recommend that a viewing is arranged before a booking is a made (unless it is a repeat booking) to ensure the Kitchen meets the requirements of the Kitchen Client. You are not obliged to arrange a viewing and an Enquiry can be submitted without requesting a viewing. It is the responsibility of the Kitchen Client to assess whether a Kitchen will be fit for the Kitchen Client’s intended purpose.
3.5 It is the responsibility of the Kitchen Host to hold the viewing and of the Kitchen Client to attend the viewing. We will not attend the viewing and we do not accept any responsibility or liability for any loss incurred by a party if the other party fails to attend a viewing.
3.6 If a viewing is cancelled and the parties wish to re-arrange a viewing, this must be arranged via the Platform either by the Kitchen Client submitting a new Enquiry or liaising directly with the Kitchen Host via the messenger tool.
3.7 Following the viewing, we will contact the Kitchen Client by email to request that the Kitchen Client either cancels the Enquiry or contacts the Kitchen Host via the messenger tool to express interest in booking the Kitchen.
3.8 Following an enquiry and/or a viewing (as applicable), a Kitchen Host can offer a booking to a Kitchen Client. The booking offer will contain the following information (the “Booking Summary”):
4.1 The cancellation policy that applies to a booking may vary depending on the terms of the booking. If a Kitchen Client wishes to cancel a booking, it must contact the Kitchen Host via the messenger tool on the Platform. Any applicable refund or cancellation fee will be calculated in accordance with the terms of the cancellation policy agreed in the Kitchen Hire Terms.
4.2 We do not accept any responsibility for any cancelled bookings and will not be liable for any fees, costs, expenses, or losses incurred by either a Kitchen Client or a Kitchen Host as a result of a cancelled booking.
4.3 We reserve the right to cancel the account of a Kitchen Host and terminate our agreement with them if a Kitchen Host does not refund a Kitchen Client the amounts specified or within the timeframes agreed in the relevant cancellation policy.
4.4 The Kitchen Host agrees to honour all bookings. If the Kitchen Host needs to cancel a booking due to exceptional circumstances beyond the Kitchen Host’s reasonable control, the Kitchen Host (through us) will attempt to arrange for a suitable alternative Kitchen to be booked through us. If a suitable alternative cannot be arranged, the Kitchen Host will refund all fees paid in respect of the booking but will not be obliged to pay any further compensation or damages.
5.1 We will charge a fee of 10% of the total hire fee (exclusive of VAT) of every booking made through the Platform which is payable by the Kitchen Host (“Booking Fee”). Immediately following the Confirmation, we will email our invoice to the Kitchen Host which sets out the total Booking Fee payable to us along with our preferred payment methods. The Kitchen Host agrees to pay the Booking Fee within 7 days of the confirmed start date of the booking.
5.2 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your use of, or inability to use, our Site or your use of or reliance of any content displayed on our Site.
5.3 If we have agreed to accept payment of a Booking Fee on a monthly or recurring basis, we do not accept any responsibility for any late or non-payment of Hire Fees by a Kitchen Client and we will not be obliged to contact or pursue a Kitchen Client for late or non-payment of a Hire Fee. A Kitchen Host is obliged to pay our monthly or recurring Booking Fee within the time period agreed by us in any event, notwithstanding any late or non-payment of Hire Fees from a Kitchen Client under the relevant Booking.
5.4 In the event that a booking is cancelled by either a Kitchen Host or a Kitchen Client for any reason the Kitchen Host is still obliged to pay the Booking Fee in full. If we have agreed to accept payment of the Booking Fee for a booking on a monthly basis and the relevant booking is terminated by either party early, we will immediately raise an invoice for the outstanding balance of that Booking Fee which must be paid within 7 days of receipt.
6. We reserve the right to charge you interest in respect of the late payment of any sum due under this agreement (after as well as before judgment) at the rate of 4 per cent per annum above the base rate from time to time of the Bank of England from the due date therefore until payment.
Kitchen Hosts
7.1 You agree to appoint us as your non-exclusive agent for the purpose of making and accepting bookings from Introduced Kitchen Clients.
7.2 For the purpose of this clause 7 an ‘Introduced Kitchen Client’ means any business who a) has made a booking of your Kitchen through the Platform; or b) has made an enquiry through the Platform or to us by email or telephone (whether or not such business completed a booking); or c) has become aware of you or the address or location of your Kitchen (or any other kitchen owned by you that is not listed on the Platform) directly or indirectly as a result of your Listing with the Platform.
7.3 In the event that you arrange any booking or hire of your Kitchen with an Introduced Kitchen Client within a period of 12 months from the end of any Introduced Kitchen Client’s hire period (if the Introduced Kitchen Client made a booking) or the date on which we introduced the Introduced Kitchen Client to you or the Introduced Kitchen Client became aware of you or your Kitchen (or any other kitchen owned by you that is not listed on the Platform) through us, then you will be liable to us for the fees we would have received had such a booking been made in accordance with the terms of this agreement. You will also be liable for the costs we incur in enforcing this clause 7.3.
7.4 We reserve the right to inspect the Kitchen at any time to verify any fees that may be due in accordance with clause 7.3.
8.1 Before any booking begins the Kitchen Host must ensure the Kitchen is in a satisfactory condition and meets the agreed requirements under the Kitchen Hire Terms and that it complies with all applicable health and safety, environmental and food hygiene requirements. In particular, a Kitchen Host is responsible for compliance with applicable regulations which require that:
9.1 Each listing on the Platform will display a calendar of dates during which a Kitchen is available or unavailable for bookings (“Availability Calendar”). It is the responsibility of the Kitchen Host to ensure the Availability Calendar is accurate as far as reasonably practicable. The Kitchen Host agrees that as soon as reasonably possible following confirmation of a booking of a Kitchen (either via the Platform or by any other means) it will update the Availability Calendar.
10.1 You (the Kitchen Host) must:
11.1 You (the Kitchen Client) have primary responsibility for your own safety and the safety of your employees, staff, agents, contractor or clients that may use the Kitchen during the hire period. We do not accept any responsibility for ensuring your safety or the safety of your employees, staff, agents, self-employed contractor or clients during the hire period.
11.2 You must:
12.1 Both the Kitchen Host and the Kitchen Client agree that if any dispute arises concerning a booking or any use of a Kitchen each party will attempt to resolve such dispute in the first instance by communicating directly with the other. In the event a dispute cannot be resolved directly, both parties are free to pursue legal action (at their own cost) in order to resolve the dispute. We do not accept any responsibility for resolving any disputes between a Kitchen Host and a Kitchen Client.
13.1 At the request of a Kitchen Host, we may from time to time be engaged to supply the following additional services:
Kitchen Hosts
14.1 Either you or us may terminate this agreement at any time but upon termination you agree to honour any outstanding bookings. From the date of termination we will deactivate your Profile and remove your Listings from the Platform. We will not accept any new enquiries or bookings in respect of any of your Listings but the agreement will continue in respect of any outstanding bookings (subject to clause 14.5).
14.2 In the event that this agreement is terminated while any fees or charges whatsoever are outstanding to us then you must pay all outstanding fees or charges to us immediately without set-off or deduction.
14.3 We will be entitled to terminate this agreement immediately and without notice if:
15.1 We will not be liable to you in the event of a claim by a Kitchen Host or Kitchen Client against you and, for the avoidance of doubt, we shall not be required to return any money received by us under this agreement to either you or the Kitchen Host/ Kitchen Client in such circumstances, unless that liability has arisen due to our negligence.
15.2 We will not be liable to you for any business, financial or economic loss or for any consequential or indirect loss such as loss to reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of any of the Services we provide to you under, or in any other way connected with, this agreement (whether suffered or incurred as a result of our negligence or otherwise) except in the case of fraud, wilful concealment or theft.
15.3 Our liability to a Kitchen Host for all losses under this agreement (subject to any liability in accordance with clause 15.5 below) is capped at the total fees paid by a Kitchen Host to us under this agreement in the 12 months prior to the date of claim by the Kitchen Host.
15.4 No claim may be brought against us:
16.1 We agree to comply with our obligations under all applicable laws and regulations relating to data protection and privacy as may be applicable from time to time, which at the date of these terms means the Data Protection Act 1998 and the GDPR (EU General Data Protection Regulation 2016/679) and any successor legislation (“Data Protection Legislation”).
16.2 For further details on how we comply with Data Protection Legislation please refer to our
Privacy Notice.
17.1 Each party agrees with the other not to divulge or allow to be divulged any confidential information relating to the other’s business or affairs other than to its employees, associates or contractors (if any) who are subject to appropriate non-disclosure undertakings (if required), or where the other party has consented to such disclosure or where required by law to make such disclosure. Either party may upon termination of this agreement require by notice in writing to the other party the destruction or return of any confidential material in that party’s possession or control. The confidentiality obligation set out here shall expire 3 years after the expiry or termination of the agreement.
18.1 Each of the parties warrants its power to enter into the agreement and that it has obtained all necessary approvals to do so.
18.2 By entering into this agreement you also agree to our website terms of use and our privacy notice, both of which are available via the Platform.
18.3 Any notice to be served on us by a Kitchen Host or a Kitchen Client shall be sent by pre-paid recorded delivery, registered post or email via the contact details provided at the beginning of these terms or such other physical or electronic address as may be notified by one party to the other.
18.4 Any notice to be served on a Kitchen Host or Kitchen Client shall be sent by pre-paid recorded delivery, registered post or email to the address of the relevant party shown in the relevant party’s profile or such other physical or electronic address as may be notified by one party to the other.
18.5 No term of the Agreement will be enforceable by virtue of the Contract (Rights of Third Parties) Act 1999 by any person that is not a party to it.
18.6 We will be entitled to assign or sub-contract our obligations under this Agreement.
18.7 If any provision of this agreement is, or is found to be, illegal, invalid or unenforceable, the remaining provisions shall continue in full force and effect and shall not be affected by such illegality, invalidity or unenforceability.
18.8 Failure by us to enforce at any time or for any period any one or more of the terms of conditions of this agreement shall not be a waiver by us of them or the right at any time subsequently to enforce all terms of this Agreement.
18.9 This Agreement shall be governed by English law in every particular including formation and interpretation and shall be deemed to have been made in England.
1.1 Kitchup Ltd (“we”, “us” or “Kitchup”) take the privacy of your information very seriously. Our Privacy Notice is designed to tell you, the user of our website (www.kitchup.co.uk), our platform (which is accessed by registering an account on our website) (“Platform”) and/or our services (the “Services”) about our practices regarding the collection, use and disclosure of personal information which may be collected via our website or Platform, or through any other means such as in person by us, by an online form, email, or telephone communication.
1.2 This notice applies to personal information provided by Kitchen Hosts, Kitchen, Clients, their authorised users and affiliated individuals, and any other users of the website, the Platform and our Services. In this notice “you” refers to any individual whose personal data we hold or process (i.e: to you as an individual affiliated with one of our Kitchen Hosts or Kitchen Clients (together, our “clients”) or any other user of the website.
1.3 In general, our website is not intended for processing personal data, but we will hold certain data in relation to our users, clients and individuals affiliated with our users or clients, and this notice sets out the basis on which we hold that data.
1.4 This notice is governed by the EU General Data Protection Regulation (the “GDPR”) from 25 May 2018 and until 25 May 2018 is governed by the Data Protection Act 1998.
2.1 Personal data we hold about you will be processed either because:
3.1 We may collect and process the following personal data (information that can be uniquely identified with you) about you:
4.1 A cookie is a piece of data stored locally on your computer and contains information about your activities on the Internet. The information in a cookie does not contain any personally identifiable information you submit to our website.
4.2 On our website and our Platform we use cookies to track users' progress, allowing us to make improvements based on usage data. We also use cookies if you log in to your account on the website and to enable you to remain logged in to that service. A cookie helps you get the best out of our website and helps us to provide you with a more customised service.
4.3 Once you close your browser, our access to the cookie terminates. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. To change your browse settings you should go to your advanced preferences.
4.4 We are required to obtain your consent to use cookies. If you continue to use the website and the Platform, having seen this notice, then we assume you are happy for us to use cookies.
4.5 If you choose not to accept the cookies, this will not affect your access to the majority of information available on our website or our Platform. However, you may not be able to make full use of our Services.
4.6 An Internet Protocol (IP) address is a number assigned to your computer by your Internet Service Provider (ISP), so you can access the Internet. We may use your IP address to diagnose problems with our server, report aggregate information, and determine the fastest route for your computer to use in connecting to our website, and to administer and improve the website.
5.1 Please see the table below, which sets out the manner in which we will process the different types of personal data we hold:
Purpose/Activity | Type of data | Lawful basis for processing including basis of legitimate interest |
When you register with the Platform or update or amend your account or profile details |
Login Information Contact Information Account Information |
Performance of a contract with you
Necessary for our legitimate interests (to obtain necessary information in order to provide our services) |
When you engage us to provide our Services or provide payment details in relation to our Services |
Contact Information Log In Information Account Information Booking Information Payment Information |
Performance of a contract with you Necessary for our legitimate interests (to establish necessary information about you in order to provide our Services) |
When we communicate with you about your use of our Services |
Contact Information Log In Information Account Information Booking Information Communication Information |
Performance of a contract with you Necessary for our legitimate interests (for running our business and to provide you with our Services) |
When we manage or administer contracts or arrangements on your behalf | Log-in Information Contact Information Booking Information |
Performance of a contract with you. Necessary for our legitimate interests (for running our business and to provide you with our Services) |
When you use the Service and communicate with other clients or users of our Services | Communication Information Hosted Data |
Necessary to comply with a legal obligation Necessary for our legitimate interests (for running our business and to provide you with our Services) |
To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy notice (b) Asking you to leave a review or take a survey (c) When you submit a complaint (d) Sending relevant information about our services to you. |
Contact Information Log In Information Booking Information Payment Information Communication Information Survey Information Hosted Data Technical Information |
Performance of a contract with you Necessary to comply with a legal obligation Necessary for our legitimate interests |
To administer and protect our business, including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data | Contact Information Log In Information Communication Information Survey Information Technical Information Hosted Data |
Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation) Necessary to comply with a legal obligation |
To use data analytics to improve the Site, services, marketing, customer relationships and experiences | Technical Information Communication Information |
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy) |
6.1 Our current data retention policy is to delete or destroy (to the extent we are able to) the personal data we hold about you in accordance with the following:
Category of personal data | Length of retention |
Personal data processed in relation to a contract between you and us | 7 years from either the end of the contract or the date you last used our Services, being the length of time following a breach of contract in which you are entitled to make a legal claim |
Records relating to a client contract or agreement | 7 years from end of contract or agreement |
Records relevant for tax and customs authorities | 8 years from the end of the year to which the records relate |
Personal data held on marketing or business development records | 3 years from the last date on which a data subject has interacted with us |
6.2 For any category of personal data not specifically defined in this notice, and unless otherwise specified by applicable law, the required retention period for any personal data will be deemed to be 7 years from the date of receipt by us of that data.
6.3 The retention periods stated in this notice can be prolonged or shortened as may be required (for example, in the event that legal proceedings apply to the data or if there is an on-going investigation into the data).
6.4 We review the personal data (and the categories of personal data) we are holding on a regular basis to ensure the data we are holding is still relevant to our business and is accurate. If we discover that certain data we are holding is no longer necessary or accurate, we will take reasonable steps to correct or delete this data as may be required.
6.5 If you wish to request that data we hold about you is amended or deleted, please refer to clause 9 below, which explains your privacy rights.
7.1 We do not disclose any information you provide to any third parties other than as follows:
8.1 We will take all reasonable steps to ensure that appropriate technical and organisational measures are carried out in order to safeguard the information we collect from you and protect against unlawful access and accidental loss or damage. These measures may include (as necessary):
9.1 The GDPR gives you the following rights in respect of personal data we hold about you:
The right to be informed | You have a right to know about our personal data protection and data processing activities, details of which are contained in this notice. |
The right of access | You can make what is known as a Subject Access Request (“SAR”) to request information about the personal data we hold about you (free of charge, save for reasonable expenses for repeat requests). If you wish to make a SAR please contact us as described below. |
The right to correction | Please inform us if information we hold about you is incomplete or inaccurate in any way and we will update our records as soon as possible, but in any event within one month. We will take reasonable steps to communicate the change to any third parties to whom we have passed the same information. |
The right to erasure (the ‘right to be forgotten’) | Please notify us if you no longer wish us to hold personal data about you (although in practice it is not possible to provide our Services without holding your personal data and we may need to keep your data in some circumstances). Unless we have reasonable grounds to refuse the erasure, on receipt of such a request we will securely delete the personal data in question within one month. The data may continue to exist in certain backup, but we will take steps to ensure that it will not be accessible. We will communicate the erasure to any third parties to whom we have passed the same information. |
The right to restrict processing | You can request that we no longer process your personal data in certain ways, whilst not requiring us to delete the same data. However again, some of our Services will not be available if processing is restricted. |
The right to data portability | You have right to receive copies of personal data we hold about you in a commonly used and easily storable format (please let us know a format which suits you). You may also request that we transfer your personal data directly to third party (where technically possible). |
The right to object | Unless we have overriding legitimate grounds for such processing, you may object to us using your personal data for direct marketing purposes (including profiling) or for research or statistical purposes. Please notify your objection to us and we will gladly cease such processing. |
Right to withdraw consent | If we are relying on your consent as the basis on which we are processing your personal data, you have the right to withdraw your consent at any time. Even if you have not expressly given your consent to our processing, you also have the right to object (see above). |
9.2 All SARs and other requests or notifications in respect of your above rights must be sent to us in writing to: [email protected].
9.3 We will endeavour to comply with such requests as soon as possible but in any event we will comply within one month of receipt (unless a longer period of time to respond is reasonable by virtue of the complexity or number of your requests).
10.1 If personal data we hold about you is subject to a breach or unauthorised disclosure or access, we will report this to the Information Commissioner’s Office (ICO) and/or our data protection manager.
10.2 If a breach is likely to result in a risk to your data rights and freedoms, we will notify you as soon as possible.
11.1 Our website and Platform may contain links and references to other websites. Please be aware that this notice does not apply to those websites.
11.2 We cannot be responsible for the privacy policies and practices of sites that are not operated by us, even if you access them via our website or Platform, or any other service that is operated by us. We recommend that you check the policy of each site you visit and contact its owner or operator if you have any concerns or questions.
11.3 In addition, if you came to our website via a third party site, we cannot be responsible for the privacy policies and practices of the owners or operators of that third party site and recommend that you check the policy of that third party site and contact its owner or operator if you have any concerns or questions.
12.1 As part of the Services offered to you the information you provide to us may be transferred to, processed and stored at, countries or international organisations outside of the EEA.
12.2 We will not transfer the personal data of EEA clients in a systematic way outside of the EEA but there may be circumstances in which certain personal information is transferred outside of the EEA, in particular:
We will post details of any changes to our policy on our website to help ensure you are always aware of the information we collect, how we use it, and in what circumstances, if any, we share it with other parties.
If at any time you would like to contact us with your views about our privacy practices, or with any enquiry or complaint relating to your personal information or how it is handled, you can do so via the following email address: [email protected].
If we are unable to resolve any issues you may have or you would like to make a further complaint, you can contact the Information Commissioner’s Office by visiting http://www.ico.org.uk/ for further assistance.
1.1 These terms (“Terms”) govern your use of this website (“Site”) and your relationship with Kitchup Ltd (“we”, “us” or “Kitchup”).
1.2 Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms, please do not use this Site.
1.3 These Terms apply to your use of the Site and relationship with Kitchup generally, whether you become a client of ours or not. If we are engaged to provide services to you then our standard Terms of Business will apply.
1.4 Please also see our Privacy Notice for information about how we collect and use your personal data and for information about cookies.
1.5 We may update these Terms from time to time for legal, regulatory or business reasons or to allow the proper operation of this Site. We will try to give you reasonable notice of major changes by contacting you via the e-mail address provided by you on registration (if applicable) or via a suitable announcement on this Site.
1.6 The changes will apply to the use of this Site after we have given notice. If you do not wish to accept the new Terms you should not continue to use this Site and its associated services. If you continue to use this Site after the date on which the change comes into effect, your use of this Site indicates your agreement to be bound by the new Terms.
2.1 This Site is provided to you for your business use subject to these Terms. By using this Site you agree to be bound by these Terms.
2.2 You are 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.
3.1 The content of this Site is protected by copyright, trade marks, database right and other intellectual property rights. You may retrieve and display the content of this Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on this Site without our written permission.
3.2 Some of the services we provide on this Site may provide content that is protected by copyright, trade marks, database rights and other intellectual property rights owned by third parties. Such intellectual property rights are licensed to us and if you reproduce, modify, copy or distribute any of this content you may be infringing these third party intellectual property rights.
3.3 We do not warrant the accuracy of any content that is supplied by a third party and which we can provide to you under licence.
4.1 Although we aim to offer you the best service possible, we make no promise that the Site, or any content on it, will always be available or be uninterrupted. We cannot guarantee that the Site will be fault-free. If a fault occurs with this Site you should report it to us and we will attempt to correct the fault as soon as we reasonably can.
4.2 Your access to this Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the Site as soon as we reasonably can. Access to the Site may be restricted whether or not you have registered with us.
5.1 This Site may provide content from other internet sites or resources and while we try to ensure that material included on this Site is correct, reputable and of high quality, we do not make any warranties or guarantees in relation to that content. If we are informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.
5.2 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your use of, or inability to use, our Site or your use of or reliance of any content displayed on our Site.
5.3 In particular, we will not be liable for any business losses such as lost data, lost profits, sales, business or revenue or loss of business interruption.
5.4 Commentary and other materials posted on this Site are not intended to amount to advice on which reliance should be placed. We shall not be liable for any losses that may be incurred by you or any visitor to this Site or by anyone who may be informed of any of its contents as a result of any reliance placed on such materials.
5.5 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services to you, which will be set out in our Terms of Business.
5.6 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
6.1 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.
6.2 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.
6.3 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 Site linked to it.
As a convenience to you, this Site includes links to other web sites or material which are beyond its control. We are not responsible for content on any site outside this Site.
Part of this Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Site complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
9.1 We make no promise that materials on this Site are appropriate or available for use in locations outside the United Kingdom, and accessing this Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so at your own initiative and are responsible for compliance with local laws.
9.2 You shall comply with all foreign and local laws and regulations which apply to your use of our Site in whatever country you are physically located.
10.1 If you feel that any materials appearing on our Site are offensive, objectionable or potentially defamatory please contact us by way email providing full details of the nature of your complaint and the materials to which the complaint relates.
10.2 You may not transfer any of your rights under these Terms to any other person. We may transfer our rights under these Terms to another business where we reasonably believe your rights will not be affected.
10.3 If you breach these Terms and we choose to ignore this, we will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms.
10.4 We shall not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control.
These Terms will be subject to the laws of England and Wales. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the United Kingdom.
This Site is owned and operated by Kitchup Ltd.
If you have any queries please contact us at [email protected]
© Kitchup 2015-2018. All Rights Reserved.