Kitche App Terms and Conditions

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR APPLICATION

 

WHAT’S IN THESE TERMS?

 

These terms tell you the rules for using our application, Kitche (our app).

 

WHO WE ARE AND HOW TO CONTACT US

 

Kitche is an app operated by Kitche Limited (”We” or “Kitche”). We are registered in England and Wales under company number 11450155 and have our registered office at 47 Pulross Road, London, United Kingdom, SW9 8AE.

 

To contact us, please email at: support@kitche.co

 

BY USING OUR APP YOU ACCEPT THESE TERMS

 

By using our app, you confirm that you accept these terms of use and that you agree to comply with them.

 

If you do not agree to these terms, you must not use our app.

 

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

 

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

 

• Our Privacy Policy.
• Our end-user licence agreement, as set out at the Google Play Store (EULA), which sets out the permitted uses and prohibited uses of our app. When using our app, you must comply with this EULA.
• Our Cookie Policy, which sets out information about the cookies on our app.

 

WE MAY MAKE CHANGES TO THESE TERMS

 

We amend these terms from time to time. Every time you wish to use our app, please check these terms to ensure you understand the terms that apply at that time.

 

WE MAY MAKE CHANGES TO OUR APP

 

We may update and change our app from time to time to reflect changes to our products, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.

 

WE MAY SUSPEND OR WITHDRAW OUR APP

 

Our app is made available free of charge.

 

We do not guarantee that our app, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our app for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

 

You are also responsible for ensuring that all persons who access our app through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

 

Our app is directed to people residing in the United Kingdom. We do not represent that content available on or through our app is appropriate for use or available in other locations.

 

YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

 

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. 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 reasonable 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 knows your user identification code or password, you must promptly notify us at support@kitche.co

 

HOW YOU MAY USE MATERIAL ON OUR APP

 

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

 

You may print off one copy, and may download extracts, of any page(s) from our app for your personal use and you may draw the attention of others within your organisation to content posted on our app.

 

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.

 

Our status (and that of any identified contributors) as the authors of content on our app must always be acknowledged.

 

You must not use any part of the content on our app for commercial purposes without obtaining a licence to do so from us or our licensors.

 

If you print off, copy or download any part of our app in breach of these terms of use, your right to use our app will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

DO NOT RELY ON INFORMATION ON THIS APP

 

The content on our app is provided 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 app.

 

Although we make reasonable efforts to update the information on our app, we make no representations, warranties or guarantees, whether express or implied, that the content on our app is accurate, complete or up to date.

 

WE ARE NOT RESPONSIBLE FOR APPS WE LINK TO

 

Where our app contains links to other apps and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

 

We have no control over the contents of those sites or resources.

 

USER-GENERATED CONTENT IS NOT APPROVED BY US

 

This app may include information and materials uploaded by other users of the app, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our app do not represent our views or values.

 

If you wish to complain about information and materials uploaded by other users please contact us on support@kitche.co

 

 

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

 

Whether you are a consumer or a business user:

 

• To the fullest extent permitted by the law, we exclude all liability for loss or damage suffered by you as a result of the using the app, save for where it would be unlawful to do so. This includes liability for death or personal injury caused solely by our negligence or the negligence of our employees..
• By using our app, you may access recipes and cooking methods from a variety of third party sources (“Recipes”). You may also access food storage, tips or use and consumption suggestions from us and third parties (“Suggestions”) You fully acknowledge and accept that you use the Recipes and Suggestions entirely at your own risk and further acknowledge and accept that we do not warrant nor are responsible for the content, accuracy or safety of the Recipes nor the Suggestions, including as regards what ingredients are or are not included in such Recipes or Suggestions and whether or not those ingredients do or do not include allergens. We are not responsible for the Recipes or the Suggestions, nor your use or interpretation of the Recipes or Suggestions, and we entirely hereby disclaim, and you release us from, any and all liability for loss or damage arising from your use of, or reliance on, the Recipes or Suggestions.
• Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and Conditions.

If you are a business user:

 

• We exclude all implied conditions, warranties, representations or other terms that may apply to our app or any content on it.
• 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:
• use of, or inability to use, our app; or
• use of or reliance on any content displayed on our app.
• In particular, we will not be liable for:
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

If you are a consumer user:

 

• Please note that we only provide our app for domestic and private use. You agree not to use our app for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
• If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

 

HOW WE MAY USE YOUR PERSONAL INFORMATION

 

We will only use your personal information as set out in our Privacy Policy.

 

 

UPLOADING CONTENT TO OUR APP

 

Whenever you make use of a feature that allows you to upload content to our app, or to make contact with other users of our app, you must comply with the content standards set out in our EULA.

 

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

 

Any content you upload to our app 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 and other users of our app a limited licence to use, store and copy that content and to distribute and make it available to third parties.

 

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our app constitutes a violation of their intellectual property rights, or of their right to privacy.

 

We have the right to remove any posting you make on our app if, in our opinion, your post does not comply with the content standards set out in our EULA.

 

You are solely responsible for securing and backing up your content.

 

RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD

 

When you upload or post content to our app, you grant us the following rights to use that content:

 

• To help us improve our services.
• To send you suggestions of recipes, products and services that may interest you.
• To enable other users of the app and third parties to share content with you, make suggestions to you and provide you with recipes, products and services that may interest you.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

 

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

 

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

 

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

 

 

RULES ABOUT LINKING TO OUR APP

 

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.

 

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.

 

You must not establish a link to our app in any app that is not owned by you.

 

Our app must not be framed on any other app, nor may you create a link to any part of our app other than the home page.

 

We reserve the right to withdraw linking permission without notice.

 

The app in which you are linking must comply in all respects with the content standards set out in our EULA .

 

If you wish to link to or make any use of content on our app other than that set out above, please contact support@kitche.co

 

 

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

 

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

 

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

 

OUR TRADE MARKS ARE REGISTERED

 

Kitche is a registered trade mark of Kitche Limited. You are not permitted to use them without our approval.