terms and conditions
KitchensTime.com
WEBSITE / APP TERMS AND CONDITIONS OF SERVICE / USER AGREEMENT
This Terms and Conditions Agreement (“Agreement”) is a legal document that outlines your rights and obligations as a KitchensTime.com user from the Company. KitchensTime.com is an online service provided by the Company. By accessing or using any website linked to the Website and/or the App, registering an account, or accessing content, information, services, features, or resources through the Website and/or the App (collectively, the “Services”), and accepting this Agreement by clicking a button or taking another action, you:
(1) Agree to comply with this Agreement and any future amendments or additions published through the Services.
(2) Declare that you are of legal age in your jurisdiction to enter into a binding contract.
(3) Confirm that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any legal entity using the Services.
If you do not agree to comply with this Agreement, using the Services is prohibited.
1. REGISTRATION AS A USER; APPLICATION OF TERMS TO YOU; YOUR ACCOUNT
To become a Services user (“User”), complete an account registration (“Account”). This Agreement becomes effective upon your acceptance. However, Users must be aged 13 or above. This is because Services are not intended for individuals under 13, and the Company will not intentionally collect data from them.
When registering an Account, prioritize accuracy. Provide truthful information (“Registration Data”) and promptly update it. The Registration Data may include personally identifiable details. Importantly, when you submit Registration Data via Services, you are subject to the Privacy Policy, which you should read before proceeding.
By using the Services, you affirm your legal eligibility and acknowledge your responsibility for Account activities. You are responsible for ensuring that minors and unauthorized users do not misuse your Account; you must strictly prohibit the sharing of your Account or password. Promptly report any breaches to the Company and log out after your sessions. It’s worth noting that you cannot create an Account with false information or if you were previously banned. Furthermore, you cannot maintain multiple Accounts for the same Company service simultaneously. The Company retains the right to remove or reclaim any usernames. Crucially, an Account does not grant ownership; the Company holds all rights.
A. Contracting Party
In any interaction with Services, you have a contractual relationship with the Company. Unless the Company indicates otherwise during the transaction, it conducts all transactions on Services.
B. Subscriptions; Content and Services
As a User, you have access to particular services, software, and content that we provide. This includes the Services service and other software, content, and updates you download or access through Services. It also covers Company or third-party content and virtual items you trade, sell, or buy within Services. Altogether, we refer to all of these as “Content and Services” in this Agreement. The rights to access and/or use any Content and Services offered through Services are what we call “Subscriptions.”
Each Subscription grants access to specific Content and Services. Some Subscriptions may come with distinct terms (“Subscription Terms”). When you accept these terms or this Agreement, the Subscription Terms and the Company Privacy Policy become binding for you.
C. Your Account
Your Account may also encompass billing details provided to the Company for purchasing Subscriptions, Content, Services, and physical merchandise offered through Services (“Product”). It’s prohibited to reveal, share, or permit others to use your password or Account without specific Company authorization. Ensuring password confidentiality and computer system security is your responsibility.
The Company isn’t liable for unauthorized Account use or activity resulting from password disclosure, unless due to its negligence or fault. If your login and/or password’s confidentiality is compromised, notify the Company promptly through the support form at contact@KitchensTime.com.
Your Account is strictly personal, including associated information (e.g., contact, billing, history, Subscriptions). Selling, charging others for Account use, transferring the Account or Subscriptions, or charging for their use is prohibited, except as expressly allowed by this Agreement or the Company.
D. Payment Processing
The Company handles payment processing directly for CoThe Company directly handles payment processing for Content, Services, and/or physical goods bought on Services. Depending on the payment method, this is managed by either the Company or its affiliates. Regardless, the Company is responsible for delivering Content, Services, and physical goods.ntent, Services, and/or physical goods purchased on Services. Depending on the payment method, either the Company or its affiliates manage this. In any case, the Company is responsible for delivering Content, Services, and physical goods.
2. LICENSES
A. General Content and Services License
Services and your Subscription(s) necessitate your computer automatically downloading and installing Content and Services. The Company grants you a non-exclusive license and right for personal, non-commercial use (excluding allowed commercial use), which ends upon termination of (a) this Agreement or (b) a Subscription containing the license. It’s important to note that the Content and Services are licensed, not sold. Therefore, your license doesn’t confer ownership in the Content and Services. To use the Content and Services, a Services Account is required, and running the Services client and maintaining an Internet connection may be necessary.
Furthermore, Services might necessitate automatic updates, pre-loading, new version generation, or improvements for system security and stability. Consequently, system requirements for using Content and Services might evolve over time. Your agreement to these automatic updates is understood. However, please be aware that this Agreement (including relevant Subscription Terms) doesn’t assure you of future updates, new versions, or enhancements of Subscription-linked Content and Services. Such updates may be offered at the Company’s sole discretion.
B. License to Use the Company’s Content in Derivative Work
The Company highly regards the User community that creates secondary and audio-visual works referencing the Company’s content (“Derivative Work”). Within this Clause or Subscription Terms, you can incorporate Company content into your Derivative Work. Additionally, you can use, reproduce, publish, perform, display, and distribute the Derivative Work non-commercially.
However, when integrating third-party content, ensure you acquire all necessary rights from the content owner.
C. Ownership of Content and Services
The Content and Services, including any copies, are owned by the Company, its affiliates, and licensors, who hold title, ownership, and intellectual property rights. In this context, The Company reserves all rights, except those expressly stated herein. Protection for the Content and Services is provided by copyright laws, international treaties, conventions, and other laws. These rights of the Company and its affiliates’ licensors can be enforced if this Agreement is violated.
D. Restrictions on Use of Content and Services
You may use the Content and Services solely to access Services and your Subscriptions for personal, non-commercial purposes, as long as you adhere to this Agreement and applicable Subscription Terms. Prohibited actions include copying, reproducing, distributing, translating, modifying, reverse engineering, and more without the Company’s written consent.
For personal use, you cannot: (i) sell, transfer, rent, lease, or license them to others without the Company’s written consent; (ii) host or emulate services or manipulate communication protocols without prior written consent; (iii) exploit the Content and Services for commercial purposes without permission.
3. BILLING, PAYMENT AND OTHER SUBSCRIPTIONS
You agree to pay all fees or charges to your Account in line with the fees, charges, and billing terms in effect when a fee or charge is due and payable. This includes all applicable taxes. Furthermore, you must give the Company valid payment information for your orders. By providing payment information, you agree that (i) the Company can instantly invoice your Account for all due fees and charges, (ii) the Company can share payment information and instructions required for transactions with third-party payment service providers (e.g., credit card transaction processing), and (iii) these authorizations don’t require additional notice or consent. You also agree to promptly notify the Company of any payment information changes.
A. Payment Authorization
When providing payment information to the Company or its payment processors, you confirm that you’re the authorized user of the card, PIN, key, or account linked to that payment. Subsequently, you authorize the Company to charge your credit card or process your payment with the chosen third-party payment processor for Subscription, Product, or other fees.
Moreover, the Company may request your address or information to fulfill tax obligations. In cases where Services use triggers taxes such as use tax or VAT, the Company can charge you for those taxes alongside fees outlined in the Rules of Use.
Furthermore, the Company’s collection of European Union VAT accurately reflects taxes due on the value of Content, Services, Product, or Subscription.
However, you agree not to use IP proxying to hide your residence. This applies whether to evade content restrictions, purchase at improper pricing, or for other reasons. Be aware that such actions may lead to account termination.
B. Responsibility for Charges Associated With Your Account
As the Account holder, you bear responsibility for all charges, including taxes, and all purchases made using your Account, by you, your family, or friends. If you cancel your Account, the Company retains the right to collect fees, surcharges, or costs incurred before cancellation. Before re-registering with the Company, you must settle any delinquent or unpaid Accounts.
C. Free Subscriptions
The Company might offer free Subscriptions to specific services, software, and content. Similar to all Subscriptions, you remain accountable for any Internet service provider, telephone, or connection fees incurred while using Services. This holds true even if a free Subscription is provided by the Company.
D. Third Party Sites
The Services might link to third-party sites. Keep in mind that some sites could have separate fees, not covered by your Company payments. On the Services or the Internet, third-party vendors offer content, goods, and services. Engaging with them could result in separate charges or obligations on your part. However, the Company doesn’t provide express or implied representations or warranties concerning third-party sites. In particular, the Company doesn’t assert or guarantee the stability of services or subscriptions provided by third-party vendors.
4. ONLINE CONDUCT AND ILLEGAL BEHAVIOR
You should adhere to common sense and basic etiquette in your online conduct and interactions with other Users. Moreover, the Company reserves the right to terminate your Account or a specific Subscription for conduct or activity deemed illegal, improper, or detrimental to others’ enjoyment of Services. In this regard, you acknowledge that the Company is not obligated to provide prior notice before terminating your Subscription(s) and/or Account.
5. THIRD PARTY CONTENT
For all Subscriptions, Contents, and Services not authored by the Company, the Company doesn’t screen third-party content on Services or from other sources. The Company isn’t responsible or liable for such third-party content. Some third-party application software, though intended for business purposes, can be obtained through Services for private personal use.
7. OWNERSHIP OF AND LICENSE TO USE THE SERVICES
A. Use of the Services
Except for User Content, the Services are owned by The Company and its suppliers, holding all rights, title, and interest. Copyright and intellectual property laws protect the Services globally. Within the scope of this Agreement, The Company grants a limited license to use the Services solely for personal, non-commercial purposes. Furthermore, this Agreement applies to any future release, update, or addition to the Services. The Company, its suppliers, and service providers retain all rights not granted here.
B. Trademarks
The Company’s trademarks, such as its stylized name and associated graphics, logos, service marks, and trade names used with the Services, demand permission for third-party product or service use. Additionally, trademarks, service marks, and trade names of other owners within the Services are their property. It’s important not to remove, alter, or obscure any included copyright, trademark, or proprietary rights notices.
C. Restrictions on Use of Services
This Agreement places restrictions on your rights: (a) you cannot commercially exploit the Services or any part; (b) furthermore, framing any trademark, logo, or Services is prohibited; (c) similarly, using metatags with the Company’s name or trademarks is prohibited; (d) with the exception where prohibited by law, reverse engineering the Services is prohibited; (e) “scraping” data is prohibited, except for public search engines; (f) using the Services to build a similar website is prohibited; (g) you’re also prohibited from copying or transmitting any part of the Services; (h) additionally, removing copyright notices is prohibited; (i) you cannot interfere with the Services’ functioning; and (j) causing harm to the Services is prohibited. Unauthorized use terminates granted licenses.
D. Third-Party Links
The Services might include links to third-party services like websites, applications, or ads (“Third-Party Links”). Clicking won’t prompt a warning. The Company doesn’t control or take responsibility for Third-Party Links. Although provided for convenience, the Company doesn’t review, approve, endorse, or warrant them. This includes content, products, or services. Your use of Third-Party Links is at your own risk.
8. DISCLAIMERS AND LIABILITY PROVISIONS
THIS SECTION 8 DOES NOT APPLY TO EU USERS.
PLEASE NOTE THAT THIS SECTION DOES NOT EXCLUDE ANY GUARANTEE, RIGHT OR REMEDY THAT CANNOT BE SO EXCLUDED, RESTRICTED OR MODIFIED UNDER LOCAL CONSUMER PROTECTION LAW.
Prior to acquiring a Subscription, you should consult the product information made available on Services, including Subscription description, minimum technical requirements, and user reviews.
A. DISCLAIMERS
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, to the fullest extent permitted by applicable law, your use of the Services and any products offered through them is at your sole risk. The Services and any products are provided on an “as is” and “as available” basis, with all faults. Moreover, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, the Company Parties expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied. These include the implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement arising from the use of the Services and products. Additionally, the Company Parties make no warranty, representation, or condition that (1) the Services or any products will meet your requirements or (2) your use of the Services will be uninterrupted, timely, secure, or error-free.
Furthermore, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, the Company Parties shall not be liable for any loss of profits or revenue or for indirect, incidental, punitive, exemplary, special, or consequential damages. This includes damages or costs due to loss of data, production, or use, business interruption, or procurement of substitute goods or services. This holds true whether or not the Company has been advised of the possibility of such damages.
In addition, THE COMPANY PARTIES ASSUME NO RESPONSIBILITY for the timeliness, deletion, misdelivery, or failure to store any content, user communications, or personalization settings. Without limiting the foregoing, the Company will not be liable for damages of any kind resulting from your use of or inability to use the service, products, or from any third-party materials. This includes any virus that may be transmitted in connection therewith, and includes any dispute with any other user of the service.
B. LIMITATION OF LIABILITY
To the maximum extent allowed by applicable law, the Company, its licensors, affiliates, and service providers won’t be liable for any loss or damage resulting from using or being unable to use the Services, your Account, Subscriptions, and the Content and Services. This includes but isn’t limited to the loss of goodwill, work stoppage, computer failure, commercial damages, or losses. Furthermore, the Company won’t be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, even if advised of the possibility. These limitations apply even in the event of fault, negligence, strict liability, or breach of warranty.
Consequently, your sole remedy for dissatisfaction is to stop using the Services. Additionally, the total aggregate liability of the Company parties won’t exceed the greater of the total amount paid to the Company by you in the twelve months before the event or the remedy/penalty imposed by the relevant statute or regulation. However, this limitation doesn’t apply to liability for gross negligence causing death, tangible property damage, or personal injury or for injury caused by fraud or fraudulent misrepresentation by a Company party.
C. NO GUARANTEES
To the maximum extent permitted by applicable law, the Company and its affiliates do not guarantee continuous, error-free, virus-free, or secure operation and access to the Services, the Content, and Services, your Account, and/or your Subscription(s), or any information available in connection with them.
D. LIMITED WARRANTY
Certain products purchased from the Company are subject to a limited warranty, detailed with the product.
E. INDEMNIFICATION
While utilizing the Services, you hereby agree to indemnify and hold the Company Parties harmless. This pertains to claims related to: (A) your Content; (B) your use/misuse of the Services; (C) your violation of the Agreement; (D) the violation of others’ rights; (E) the breaking of laws/regulations; (F) third-party claims of violations; (G) your misrepresentations; or (H) breach of warranties. It’s worth noting that the Company can assume control of defense, and your cooperation is expected. Importantly, this provision doesn’t apply to unconscionable practices, negligence, fraud, etc. Rest assured, the provisions of this section endure even after account termination or Agreement end.
9. AMENDMENTS TO THIS AGREEMENT
You and the Company can mutually amend this Agreement by explicitly consenting to changes. Furthermore, the Company can unilaterally amend this Agreement (including Subscription Terms or Rules of Use) at its discretion. In such cases, you will receive an email notification of amendments at least 10 days before they take effect. If you do not cancel your Account within 10 days after amendments, it implies acceptance. However, if you disagree, your remedy is to cancel your Account or cease the use of the affected Subscription. Nonetheless, the Company is not obligated to refund accrued fees upon cancellation or prorate fees in such cases.
10. TERM AND TERMINATION
A. Term
This Agreement (referred to as the “Term”) commences on the date you initially indicate your acceptance of these terms and continues in effect until it is terminated in accordance with this Agreement.
B. Termination by You
You have the option to cancel your Account at any time. Likewise, you can cease using a Subscription or request the Company to terminate your access. It’s important to note that Subscriptions are not transferable. In the case of Subscriptions purchased as a package, terminating access to individual products within the pack is not possible.
However, canceling your Account or a Subscription does not entitle you to refunds, including Subscription fees. The Company maintains the right to collect fees, surcharges, or prior costs in the event of Account cancellation or Subscription access termination. Additionally, you are responsible for charges incurred with third-party vendors or content providers prior to your cancellation.
C. Termination by the Company
The Company reserves the right to cancel your Account or specific Subscription(s) under the following conditions: (a) if it discontinues providing those Subscriptions to similarly situated Users; or (b) if you breach any terms of this Agreement, including Subscription Terms or Rules of Use. In cases of termination by the Company due to Agreement violation or improper/illegal activity, no refunds, including Subscription fees or unused credits, will be issued.
D. Survival of Terms
Clauses 2, 3, and 5 – 12 will survive any expiration or termination of this Agreement.
11. APPLICABLE LAW/JURISDICTION
A. Dispute Resolutions
This document is governed by and are to be construed in accordance with English Law.
All disputes, controversies, differences, or claims arising from or related to this document, including questions about its existence, validity, termination, or non-contractual obligations, will be resolved through arbitration under the rules of the London Court of International Arbitration. One or more arbitrators will be appointed based on these rules. Arbitration will take place in London, and proceedings will be conducted in English.
B. Procedure for Making Claims of Copyright Infringement
If you believe content on the Services infringes your copyright, kindly provide our Copyright Agent with the following: (1) the copyright owner’s authorized person’s signature; (2) a description of the allegedly infringed work; (3) the location of the claimed infringing material on the Services; (4) your address, phone number, and email; (5) a written statement that the disputed use lacks authorization; and (6) a statement, under penalty of perjury, that provided information is accurate and you’re the copyright owner or authorized to act for them. For copyright claims, contact our Copyright Agent via KitchensTime.com.
12. MISCELLANEOUS
A. Electronic Communications
The Company communicates with you electronically by visiting the Services, sending e-mails, posting notices, or using e-mail. For contractual purposes, you (1) consent to the Company sending communications electronically, and (2) agree that electronically provided terms, conditions, agreements, notices, disclosures, and other documents carry the same legal effect as written ones. This does not impact your statutory rights.
B. Assignment
You cannot assign, subcontract, delegate, or transfer this Agreement, your rights, or obligations without the Company’s prior written consent. Any attempt to violate this will nullify an assignment, subcontract, delegation, or transfer.
C. Force Majeure
Delays or failures to perform due to factors beyond the Company’s control, such as acts of God, war, terrorism, riots, embargoes, actions by civil or military authorities, fires, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials, shall not be deemed the responsibility of the Company.
D. Questions, Complaints, Claims
For any assistance, complaints, or claims about the Services, you can contact our customer service department through the provided contact information on the Services (contact@KitchensTime.com). We will diligently address your concerns and make every effort to assist you.
E. Notice
You must provide the Company with your current email address whenever required. If your last provided email address isn’t valid or can’t deliver required/permitted notices, the Company’s email dispatch remains an effective notice. To notify the Company, you can use contact@KitchensTime.com, Attention: Legal Department. The Company receives notice when you send a letter via a nationally recognized overnight delivery service or first-class postage prepaid mail to the above address.
F. Waiver
Waiving or not enforcing any provision of this Agreement on one occasion does not imply waiving any other provision or that provision on any other occasion.
G. Severability
Unless expressly stated otherwise in this Agreement, in the event that a court or competent tribunal deems any provision of this Agreement unenforceable, they shall construe it to reflect the original intention of the parties, as closely as possible. Subsequently, the remaining portions shall then continue to be fully effective.
H. Export Control
You agree to abide by all pertinent import/export laws and regulations. Furthermore, you commit to not exporting the Content, Services, or Product, or allowing your Account usage by individuals from countries endorsing terrorism, where encryption exports face restrictions. Additionally, it is affirmed that you are not located within, under the jurisdiction of, or a citizen or resident of any such prohibited country.
I. Entire Agreement
This Agreement, comprising any Terms and Conditions, Privacy Policy, and other Company policies, forms the complete agreement between the parties concerning the subject matter. It supersedes any prior oral or written agreements.
J. Rights of Third Parties
You agree that this Agreement does not intend to confer and confers no rights or remedies upon any person other than the parties to this Agreement.
K. Complying with Law
The Company must adhere to existing laws and legal processes, and it may comply with law enforcement or regulatory requests or requirements, even if contrary terms exist.
L. Revision Date
The Revision Date for this Agreement is 27 February 2022. We reserve the right to modify or discontinue the Services, impose, modify, or waive fees, or alter the Terms and Conditions of Services without liability. These changes may apply to some or all users. If you were a user before the Revision Date, it supersedes your existing agreement with the Company.
