By browsing, accessing or using this Website, and/or by registering as a User, you are agreeing to the terms and conditions contained herein (all of which are called the “Agreement”).
When the following terms appear in this agreement, this is what they mean:
1.1 – “User” means anyone who visits, browses or registers on our website.
1.2 – “Kitchen” means Jimmy dot com Trust trading as Kitchen dot net.
1.3 – “Register” means to create an account on the Website or by any other means made available to register by Kitchen (and “Registration” means the action of creating an account).
1.4 – “Service” means all or any of the services provided by Kitchen via the Website (or via other electronic or other communication from Kitchen including the information services, content and transaction capabilities on the Website.
1.5 – “Website” means www.kitchen.net and any microsite.
1.6 – “Grantor” means anyone authorised to make decisions and/or grant consent on behalf of either party.
You are reading a legal document which is the agreement between us being Kitchen, the owner of this Website and you (the “User”).
3. GENERAL ISSUES REGARDING USE OF THE WEBSITE
3.1 – By using the Website and/or the Service you warrant that you are 18 years of age or older and that you have the legal capacity to conclude this Agreement with us.
3.2 – The Website and the Service is meant for use in South Africa. If you choose to access the Website (or use the Service or make a Purchase) from locations outside South Africa, you do so at your own risk.
3.3 – We reserve the right to prevent you using the Website and the Service (or any part of them) and to prevent you from registering as a User.
4. REGISTRATION AND ACCOUNTS
4.1 – You do not need to register to view the content of the website, however if you would like access some of the Services, features and functionality on the Website, you need to register as a User. We reserve the right to change the access requirements from time to time. Such a change will constitute an amendment in terms of the foreword of this agreement.
4.2 – To Register you need to supply us with your name, email address, and possibly some other personal information.
4.3 – Once you have successfully registered, you will be able to choose a username and a password. You need to immediately notify us if any unauthorised third party becomes aware of that password or if there is any unauthorised use of your email address or any breach of security known to you.
4.4 – Kitchen does not permit the sharing of accounts. You agree that any person to whom your account, user name or password is disclosed to is authorised to act as your agent for the purposes of using (and/or transacting via) the Service and Website. Please note that you are entirely responsible for any loss or damage you may suffer if anyone else accesses your account with Kitchen and you suffer any damages as a result thereof.
4.5 – All accounts must be registered with a valid personal email address that you access regularly. We may require users to re-validate their accounts if we believe they have been using an invalid email address.
5.1 – As a User, you have the right to log onto the Website and make contributions to various sections, including but not limited to, Recipes, Reviews and Blogs.
5.2 – Kitchen reserves the right to remove any content or any portion of content in its sole and unfettered discretion. This includes but is not limited to any bad language, swear words, anything threatening, obscene, blasphemous or defamatory, anything fraudulent, any hate speech or anything else which Kitchen in its sole discretion decides to remove.
5.3 – If you breach any of the terms contained in this agreement, we will be entitled to terminate this contract with immediate effect and claim from you any damages Kitchen has suffered as a result of such breach.
5.4 – You may also not send or receive any material which is technically harmful (including but not limited to computer viruses)
5.5 – Other partners, advertisers, companies and contributors will have their own applicable terms and conditions, in relation to their own supply of their goods and services, and you agree to (and shall) abide by those terms and conditions. The responsibility to do so is yours alone.
5.6 – Where the Website contains content and or resources provided by other partners, advertisers, companies and contributors (hereafter referred to as “Other Contributors”), content provided by those Other Contributors is merely intended to provide information only and is solely for your convenience. We do not accept and/or assume responsibility for Other Contributors or for the content or products or services of Other Contributors and we accept no responsibility for any loss or damage that may arise from your use of them.
5.7 – You warrant that all information provided on Registration and contained as part of your account during the course of this Agreement is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your account.
6. RULES ABOUT USE OF THE SERVICE AND THE WEBSITE
6.1 – We do not guarantee that the Service or the Website will be free of faults and we do not accept liability for any errors or omissions. In the event of an error or fault, you should report it by email to: firstname.lastname@example.org.
6.2 – We do not warrant that your use of the Service or the Website will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Service or the Website will be transmitted accurately, reliably, in a timely manner or at all. Access to the Service and the Website may be suspended, restricted or terminated at any time.
6.3 – We do not give any warranty that the Service or the Website is free from viruses or anything else which may have a harmful effect on any technology.
6.4 – We reserve the right to modify, substitute or remove without notice any information or Service on the Website or forming part of the Service from time to time.
7. SUSPENSION AND TERMINATION OF YOUR ACCOUNT
7.1 – We shall be entitled immediately or at any time (in whole or in part) to: i) suspend the Service and/or Website; ii) suspend your use of the Service and/or Website; iii) suspend the use of the Service and/or Website for persons we believe to be connected (in whatever manner) to you; and/or iv) terminate this Agreement immediately and/or v) prevent you from becoming or remaining a User if:
7.1.1 – you commit any breach of this Agreement;
7.1.2 – we suspect, on reasonable grounds, that you have, might or will commit a breach of these terms; or
7.2 – Notwithstanding anything else in this Clause 9, we may terminate this Agreement with you at any time.
7.3 – Our right to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
8.1 – You shall indemnify us against each loss, liability or cost incurred by us arising out of any claims or legal proceedings which are brought or threatened against us by any person, including you, arising from: a) your use of the Service or Website; b) the use of the Service or Website through your password; c) any other cause arising out of this agreement, or, d) any breach of this Agreement by you.
8.2 – Neither Kitchen nor any of its directors, employees, agents or representatives shall be liable for any damage, loss or liability of whatsoever nature and howsoever arising, including but not limited to any indirect or consequential loss, from your use of the Website or the Services provided from and through this Website, whether or not those losses were foreseeable.
8.3 – Where the Website contains links to third party sites and to resources provided by third parties (hereafter referred to as “Other Sites”), those Other Sites are merely linked to provide information only and are solely for your convenience. We do not accept and/or assume responsibility for Other Sites or for the content or products or services of Other Sites and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
We will not disclose your personal information unless you give us your permission to do so or unless we are required to do so by law, or for the purposes of any legal process.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 – All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, designs (including the “look and feel” and other visual or non-literal elements, whether registered or unregistered) in the Website and Service, information content on the Website or accessed as part of the Service, any database operated by us and all the Website design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.
10.2 – None of the material listed in Clause 10.1 may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not on 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 the Website without our permission.
10.3 – All rights (including goodwill and, where relevant, trade marks) in “Kitchen” are owned by us. Other product and company names mentioned on the Website are the trademarks or registered trademarks of their respective owners.
10.4 – Title, ownership rights and intellectual property rights in and to the content accessed using the Service is the property of the applicable content owner and may be protected by applicable copyright or other law. The Agreement gives you no rights to such content.
10.5 – Any material you transmit or post or submit to the Website (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to our obligations under data protection legislation. If for some reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e. via email, the Website or otherwise) you grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any such material.
11.1 – In this Agreement:
11.1.1 – words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;
11.1.2 – clause headings are purely for ease of reference and do not form part of or affect the interpretation of this Agreement; and
11.1.3 – references to “include” and “including” shall be deemed to mean respectively “include(s) without limitation” and “including without limitation”.
11.2 – Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
11.3 – Kitchen shall be entitled to cede, delegate, assign or transfer any of its rights and/or obligations in terms of this agreement or any part thereof to any third party. Such assignment or transfer shall be deemed to be complete and enforceable with effect from the date upon which a notice is placed on the website. You shall not be entitled to cede, delegate, assign or transfer any of your rights and/or obligations in terms of this agreement to any person without the prior written consent of the Kitchen Grantor.
11.4 – Kitchen shall not be liable for any breach of its obligations under this Agreement caused by Force Majeure where it is hindered or prevented from carrying out its obligations by any cause outside its reasonable control (or by any damage caused by any of such events).
11.5 – This agreement constitutes the whole agreement between the parties in relation to the subject matter thereof and supersedes any other discussions. No party shall accordingly be bound by any undertaking, representation or warranty not recorded therein.
11.6 – No relaxation, indulgence or extension of time granted by either party (“Grantor”) to the other party shall be construed as a waiver of any of the Grantor’s rights in terms hereof, or a novation of any of the terms of this agreement or estop the Grantor from enforcing strict and punctual compliance with the terms of this agreement.
11.7 – Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing. Any notices to be given to you shall be delivered by hand, electronic mail, sent by fax or by pre-paid registered post, to you at the address you supplied to us which you hereby choose as your domicilium citandi et executandi. Any notices to be given to us shall be delivered by hand or sent by pre-paid registered post to us at our physical office which is Unit 11 Vision House II, 53-55 Blaauwberg Road, Table View, Cape Town, 7441, South Africa.
11.8 – Should Kitchen need to give notice to you and are unable to due to incorrect, outdated or incomplete contact information being supplied or stored in your User profile or at time of registration, Kitchen is hereby absolved of all responsibility to serve such notice and may proceed as if notice has been served.
11.9 – Each clause of this agreement shall be severable, the one from the other, and if any clause is found to be defective or unenforceable for any reason by any competent court, then the remaining clauses shall be and continue to be of full force and effect.
11.10 – This agreement will in all respects be governed by and construed in accordance with the laws of South Africa. Kitchen shall be entitled, although not obligated, to institute all or any proceedings against the User in connection with this agreement in the Cape Town Magistrates Court and the User hereby consents to and submits to the jurisdiction of that court.
11.11 – The Website and the Service is owned and operated by Jimmy Dot Com Trust a company registered in South Africa whose physical office and postal address is at Unit 11 Vision House II, 53-55 Blaauwberg Road, Table View, Cape Town, 7441, South Africa. If you have any queries please contact User Services at 021 521 4500.
11.12 – As a consumer, nothing in this Agreement affects your non-excludable statutory rights.
11.13 – We reserve the right to amend this agreement at any time online. You are obligated to keep yourself up to date with any amendments. Following any of our amendments, if you would like to cancel your account because of such amendment, you may email us at email@example.com a cancellation letter referring to the amendments on which your cancellation is based. Should we receive no cancellation letter, your continued use of the Service or the Website or a Kitchen Voucher will be deemed acceptance of the new terms and conditions.