Terms and Conditions

1.       Introduction

1.1    These terms and conditions shall govern your use of our website.

1.2    By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3    If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4    You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

2.       Copyright notice

2.1    Copyright © 2020 Kit-Eats Ltd.

2.2    Subject to the express provisions of these terms and conditions:

(a)    we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)    all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3.       Permission to use website

3.1    You may:

(a)    view pages from our website in a web browser;

(b)    download pages from our website for caching in a web browser;

(c)    print pages from our website for your own personal and non-commercial us, providing that such printing is not systematic or excessive;

(d)    stream audio and video files from our website using the media player on our website; and

(e)    use our website services by means of a web browser,

        subject to the other provisions of these terms and conditions.

3.2    Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3    You may only use our website for your own personal and business purposes; you must not use our website for any other purposes.

3.4    Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5    Unless you own or control the relevant rights in the material, you must not:

(a)    republish material from our website (including republication on another website);

(b)    sell, rent or sub-license material from our website;

(c)    show any material from our website in public;

(d)    exploit material from our website for a commercial purpose; or

(e)    redistribute material from our website.

3.6    Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form.

3.7    We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

4.       Misuse of website

4.1    You must not:

(a)    use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

(b)    use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)    hack or otherwise tamper with our website;

(d)    probe, scan or test the vulnerability of our website without our permission;

(e)    circumvent any authentication or security systems or processes on or relating to our website;

(f)    use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(g)    impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);

(h)    decrypt or decipher any communications sent by or to our website without our permission;

(i)     conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(j)     access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(k)    use our website except by means of our public interfaces;

(l)     violate the directives set out in the robots.txt file for our website;

(m)   use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or

(n)    do anything that interferes with the normal use of our website.

4.2    You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

5.       Use on behalf of organisation

5.1    If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:

(a)    yourself; and

(b)    the person, company or other legal entity that operates that business or organisational project,

        to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity.

6.       Buyer registration and accounts

6.1    This Section 6 applies to buyers and prospective buyers.

6.2    To be eligible for a buyer account on our website under this Section 6, you must be at least 18 years of age and resident in the United Kingdom.

6.3    You may register for a buyer account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

7.       User login details

7.1    If you register for an account with our website, you will be asked to choose a user ID and password.

7.2    Your user ID must not be liable to mislead and must comply with the content rules set out in Section 22; you must not use your account or user ID for or in connection with the impersonation of any person.

7.3    You must keep your password confidential.

7.4    You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5    You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

8.       Differentiated treatment

8.1    We will not treat our own listings made available to consumers through our website differently from those made available by our partners.

9.       Data

9.1    We will have access to all information provided or generated by you and other users in the course of the use of our marketplace services.

9.2    We may provide to third parties information provided or generated by you and other users in the course of the use of our marketplace services in the following circumstances only:

(a)    where necessary for the proper functioning of our website;

(b)    in the case of non-personal data, sales statistics may be provided to current and potential partners; and

(c)    in the case of personal data, in accordance with our privacy policy (which includes information about opting-out of such data sharing).

9.3    You will have no contractual right under these terms and conditions or otherwise to access information provided or generated by you or by other users when using our marketplace services, except as specified in this Section 9.

10.    The buying and selling process

10.1  You agree that a contract for the sale and purchase of a product or products will come into force between you and the provider of the product you are offering to purchase, and accordingly that you commit to buying or selling the relevant product or products, in the following circumstances:

(a)    a buyer must add the products they wish to purchase to the shopping cart, and then proceed to the checkout;

(b)    if the buyer is a new user, they must create a buyer account with the website and log in; otherwise, the buyer must enter his or her login details otherwise, the buyer may check out as a guest user;

(c)    the buyer must select the preferred method of delivery and confirm the order and their consent to these terms and conditions and the applicable terms and conditions of sale;

(d)    the buyer must submit payment in full via credit or debit card which will be handled securely by our appointed payment service provider;

(e)    the website will then send to the buyer an automatically generated acknowledgement of payment and order details;

(f)    in the event the order is unable to be fulfilled the buyer will be informed via e-mail and a refund to the value of the order will be processed. No further compensation will be paid and the buyer will not incur any additional fees in such an event.

11.    Terms and conditions of sale

11.1  The following provisions will be incorporated into the contract of sale and purchase between the buyer and our partners as facilitated by us:

(a)    the price for a product will be as stated in the relevant product listing;

(b)    delivery charges and any applicable packaging charges, ancillary costs or taxes will be separately listed on the checkout page and be payable by the buyer;

(c)    deliveries of products will be made on the appointed date as nominated by the buyer;

12.    Distance contracts: cancellation right

12.1  Cancellations can be made up to 48 hours before 00:00 of the appointed delivery date;

12.2 Modifications can be made up to 30 hours before 00:00 of the appointed delivery date;

12.3  As products sold on the website are of a perishable nature, i.e. are liable to deteriorate rapidly, cancellations and refunds cannot be offered outside of the provisions in Sections 12.1 and 12.2. This includes returns after the products have been delivered, except in the event that the products are found to not be of satisfactory quality.

12.4  If the buyer wishes to cancel a contract on the basis described in this Section 12, the buyer must inform Kit-Eats Ltd via e-mail.

12.5  If the buyer cancels an order in accordance with this Section 12, the buyer will receive a full refund of the amount paid in respect of the order including the costs of delivery to the buyer, except:

(a)    as otherwise provided in this Section 12.

12.6  We will refund money using the same method used to make the payment unless the buyer has expressly agreed otherwise. In any case, the buyer will not incur any fees as a result of the refund.

12.7  The buyer will not have any right to cancel a contract as described in this Section 12 insofar as the contract relates to:

(a)    the supply of goods which are liable to deteriorate or expire rapidly;

13.    Payments

13.1  If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

(a)    an amount equal to the amount of the charge-back;

(b)    all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

(c)    an administration fee of GBP 25.00 including VAT; and

(d)    all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 13.1 (including without limitation legal fees and debt collection fees),

        and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 13.1.

13.2  If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.

14.    Our role

14.1  You acknowledge that:

(a)    we do not check, audit or monitor the information contained in listings;

(b)    we are not party to any contract for the sale or purchase of products advertised on the website;

(c)    we are not involved in any transaction between a buyer and a seller in any way, save that we facilitate a marketplace for buyers and sellers and process payments on behalf of sellers;

(d)    we are not the agents for any buyer or seller,

        and accordingly we will not be liable to any person in relation to the offer for sale or sale or purchase of any products advertised on our website; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any products and we will have no obligation to mediate between the parties to any such contract.

14.2  The provisions of this Section 14 are subject to Section 26.1.

15.    Our rights to use your content

15.1  In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

15.2  You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

15.3  You grant to us the right to sub-license the rights licensed under Section 15.2.

15.4  You grant to us the right to bring an action for infringement of the rights licensed under Section 21.2.

15.5  You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

15.6  You may edit your content to the extent permitted using the editing functionality made available on our website.

15.7  Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

16.    Rules about your content

16.1  You warrant and represent that your content will comply with these terms and conditions.

16.2  Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

16.3  Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a)    be libellous or maliciously false;

(b)    be obscene or indecent;

(c)    infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;

(d)    infringe any right of confidence, right of privacy or right under data protection legislation;

(e)    constitute negligent advice or contain any negligent statement;

(f)    constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g)    be in contempt of any court or in breach of any court order;

(h)    be in breach of racial or religious hatred or discrimination legislation;

(i)     be blasphemous;

(j)     be in breach of official secrets legislation;

(k)    be in breach of any contractual obligation owed to any person;

(l)     depict violence;

(m)   be pornographic, lewd, suggestive or sexually explicit;

(n)    be untrue, false, inaccurate or misleading;

(o)    consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p)    constitute spam;

(q)    be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r)    cause annoyance, inconvenience or needless anxiety to any person.

16.4  Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.

16.5  You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.

16.6  You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

17.    Report abuse

17.1  If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

17.2  You can let us know about any such material or activity by email.

18.    Suspension and restriction of services

18.1  If we decide to suspend and/or restrict your account on our website:

(a)    we will provide to you contemporaneous or prior written notice of the suspension and/or restriction;

(b)    alongside that notice, we will provide to you a statement of the reasons for the suspension and/or restriction, unless we are under a legal or regulatory obligation not to do so; and

(c)    if you would like to contest the suspension and/or restriction, you may do so by sending us an email.

18.2  Subject to the other provisions of this Section 18, if we decide to suspend and/or restrict your account on our website, we may do so at any time in our sole discretion with or without notice to you.

18.3  Where we suspend or restrict access to our website or services, you must not take any action to circumvent such suspension or restriction (including without limitation creating and/or using a different account).

19.    Limited warranties

19.1  We do not warrant or represent:

(a)    the completeness or accuracy of the information published on our website;

(b)    that the material on the website is up to date;

(c)    that the website will operate without fault; or

(d)    that the website or any service on the website will remain available.

19.2  We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

19.3  To the maximum extent permitted by applicable law and subject to Section 26.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

20.    Limitations and exclusions of liability

20.1  Nothing in these terms and conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law,

        and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

20.2  The limitations and exclusions of liability set out in this Section 26 and elsewhere in these terms and conditions:

(a)    are subject to Section 20.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

20.3  To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

20.4  We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

20.5  We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

20.6  We will not be liable to you in respect of any loss or corruption of any data, database or software

20.7  We will not be liable to you in respect of any special, indirect or consequential loss or damage

20.8  You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

21.    Indemnity

21.1  You hereby indemnify us, and undertake to keep us indemnified, against:

(a)    any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions;

21.    Termination

21.1  We may terminate a contract under these terms and conditions at any time in our sole discretion by giving to you written notice of termination.

21.2  You may terminate a contract under these terms and conditions.

22.    Third party websites

22.1  Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

22.2  We have no control over third party websites and their contents, and subject to Section 20.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

23.    Trade marks

23.1  Kit-Eats Ltd., our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

23.2  The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

24.    Variation

24.1  We may revise these terms and conditions from time to time.

24.2  The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions[, subject to the other provisions of this Section 31].

25.    Assignment

25.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

25.2  You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

26.    Severability

26.1  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

26.2  If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

27.    Third party rights

27.1  A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

27.2  The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

28.    Entire agreement

28.1  Subject to Section 20.1, these terms and conditions, together with our privacy and cookies policy shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

29.    Law and jurisdiction

29.1  These terms and conditions shall be governed by and construed in accordance with English law.

29.2  Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

30.    Statutory and regulatory disclosures

30.1  We will specify on the website or elsewhere in these terms and conditions the different technical steps you must follow to conclude a contract under these terms and conditions, and also the technical means for identifying and correcting input errors prior to the placing of your order.

30.2  We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

30.3  These terms and conditions are available in the English language only.

31.    Our details

31.1  This website is owned and operated by Kit-Eats Ltd.

31.2  We are registered in England and Wale under registration number 12799792, and our registered office is at 2nd Floor College House, 17 King Edwards Road, Ruislip, London HA4 7AE.

31.3  You can contact us:

(a)    using our website contact form;

(b)    by email, using the email address published on our website.

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