WEBSITE TERMS AND CONDITIONS
IMPORTANT LEGAL NOTICE
ATTENTION: THIS AGREEMENT APPLIES TO THE ENTIRE CONTENTS OF THIS WEBSITE UNDER THE DOMAIN NAME WWW.KAFEVEND.CO.UK (“WEBSITE”) AND TO ANY CORRESPONDENCE BY E-MAIL BETWEEN YOU AND US (“AGREEMENT”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE, WHETHER AS A GUEST OR A REGISTERED USER. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS AND AGREE TO ABIDE BY THEM REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US, USE ANY OF OUR SERVICES OR ORDER ANY GOODS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE. THIS NOTICE IS ISSUED BY KAFEVEND GROUP LIMITED (“THE COMPANY”, “WE” AND ITS DERIVATIVES).
1 Introduction and Information about us
1.1 WWW.KAFEVEND.CO.UK is a website operated by Kafevend Group Limited. We are a limited company. We are registered in England and Wales under company number 2693919 and have our registered office at The Fleming Centre, Fleming Way, Crawley, West Sussex, RH10 9NN. Our main trading address is at The Fleming Centre, Fleming Way, Crawley, West Sussex, RH10 9NN. Our VAT number is 870 1756 21.
1.2 Any agreement between you and the Company (if applicable to you) relating to the supply of goods or services by the Company to you (“Supply Agreement”) shall, in the event of the terms of the Supply Agreement being inconsistent with this Agreement, take precedence over this Agreement.
1.3 Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice (see below). We will not be liable if for any reason our Website is unavailable at any time or for any period.
1.4 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register. If you wish to register and/or place an order please contact Kafevend Group Limited on 0800 804 8474 or use the “Contact Us” section on this Website and the Company will provide you with the relevant documentation.
1.5 By accessing any part of this Website, you shall be deemed to have accepted this Agreement in full. If you do not accept this Agreement in full, you must leave this Website immediately.
1.6 The Company may revise this Agreement at any time by updating this posting. You should check this Website from time to time to review the then current Agreement, because it is binding on you. Certain provisions of this Agreement may be superseded by expressly designated legal notices, agreements or terms located on particular pages at this Website.
1.7 You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.
1.8 When using our Website, you must comply with the content standards set out in this Agreement.
2 Licence & Copyright
2.1 You may not copy, reproduce, republish, download, post, broadcast, transmit or otherwise use the Website content or information in any way. Any use of the Website content requires the prior written permission of the Company.
2.2 Unless otherwise stated, the copyright and other intellectual property rights in the Website and in all material published on this Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. For the purposes of this Agreement, any use of extracts from this Website other than in accordance with paragraph 2.1 above for any purpose are prohibited. If you breach any of the terms in this Agreement, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
2.3 No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.
2.4 Any rights not expressly granted in these terms are reserved.
3 Service access
3.1 While the Company endeavours to ensure that this Website is normally available 24 hours a day, the Company will not be liable if for any reason this Website is unavailable at any time or for any period.
3.2 Access to this Website may be suspended temporarily or closed indefinitely and without notice in the case of system failure, maintenance, update or repair or for reasons beyond the Company’s control.
4 Visitor material and conduct
4.2 You are prohibited from posting, uploading or transmitting to or from this Website any material:
4.2.1 that is invasive of another’s privacy, threatening, harassing, stalking, harmful, defamatory, obscene, indecent, seditious, offensive, pornographic, sexually explicit, sexually suggestive, vulgar, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance, distress, harassment or inconvenience to any person or is capable of offending the political and/or religious beliefs of any person;
4.2.2 for which you have not obtained all necessary licences and/or approvals;
4.2.3 which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability, or would otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world;
4.2.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
4.2.5 which contains intellectual property rights which belong to another party without first obtaining the prior consent of the owner of such rights;
4.2.6 which does not directly relate to this Website or the goods or services provided or is junk mail, spam, chain letters, pyramid schemes or any similar or fraudulent schemes or any inappropriate form of solicitation; or collection of the responses to any such schemes or solicitation.
4.3 You are prohibited from attempting to gain unauthorised access to any material available on or via the Website or to any of the networks used in providing the Website.
4.4 You are prohibited in any way from assigning, transferring, parting with and/or authorising any other person to use, your registration details and password if you are registered with the Company.
4.5 You may not misuse the Website (including, without limitation, by hacking or attacking our Website).
4.6 The Company will fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of paragraphs 4.2 or 4.5. In the event of such a breach, your right to use our Website will cease immediately.
4.7 You warrant that any posting, uploading or transmitting to or from this Website or with the other users will comply with the content standards set out in this Agreement, and you agree to indemnify us for any breach of that warranty. We have the right to remove any material or posting you make on our Website if, in our opinion, such material does not comply with the content standards set out in this Agreement.
4.8 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Website.
4.9 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 Website or to your downloading of any material posted on it, or on any website linked to it.
5 Links to and from other websites
5.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them and you must satisfy yourself that any goods or services referred to thereon are suitable for your requirements. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
5.2 The Company cannot accept any liability in respect of the use of the websites detailed under paragraph 5.1.
5.3 If you would like to link to this Website, you may only do so on
the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
5.3.1 you do so in a way that is fair and legal and does not damage our reputation or take advantage of it;
5.3.2 you do not remove, distort or otherwise alter the size or appearance of the Kafevend Group Limited logo;
5.3.3 you do not create a frame or any other browser or border environment around this Website;
5.3.4 you do not in any way imply that the Company is endorsing any products or services other than its own nor suggest any form of association, approval or endorsement on the Company’s part where none exists;
5.3.5 you do not misrepresent your relationship with the Company nor present any other false information about the Company;
5.3.6 you do not otherwise use any Kafevend Group Limited trade marks or any other third party trade marks or intellectual property displayed on this Website without express written permission from the Company;
5.3.7 you do not link from a website that is not owned by you; and
5.3.8 your website does not in the Company’s opinion contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations; and
5.3.9 your website complies with the content standards set out in this Agreement.
5.4 The Company expressly reserves the right to revoke the right granted in paragraph 5.3 as it deems fit and to take any action it deems appropriate.
5.5 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of paragraph 5.3.
5.6 If you wish to make any use of material on our Website other than that set out above, please address your request to email@example.com.
6 Registration & Security
6.1 Each registration with the Company is for a single user only. The Company does not permit you to share your user name, password or any other piece of information provided or required as part of our security procedures with any other person nor with multiple users on a network, you must treat such information as confidential, and you must not disclose it to any third party.
6.2 Responsibility for the security of any username and passwords issued rests with you.
6.3 You should protect against unauthorised access to your computer and ensure that you sign off when you finish using a shared computer.
6.4 You must notify the Company immediately of any apparent breach of security such as loss, theft, or unauthorised disclosure or use of a username or password and in such cases you should immediately contact the Company to amend your password and username.
6.6 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of paragraph 6.
7.1 While the Company aims to ensure that the information on this Website is correct, the Company does not warrant the accuracy and completeness of the material on this Website. The Company may make changes to the material on this Website, or to the products and, if applicable, the prices described in it, at any time without notice. The material on this Website may be out of date, and the Company makes no commitment to update such material. You rely on it at your own risk.
7.2 The material on this Website is provided “as is” and the Company does not make or give any guarantees, endorsements, representations, conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with this Website on the basis that the Company excludes and disclaims: -
7.2.1 all representations, warranties, conditions, duties and other terms (including, without limitation, any express or statutory warranties and any conditions or warranties whether they are implied or not by law of satisfactory quality, non-infringement, compatibility, security, merchantability, accuracy, fitness for particular purpose, timeliness, conditions of completeness, performance, availability, lack of negligence or of workmanlike effort and the use of reasonable care and skill or any implied warranty arising from course of dealing or usage or trade and other terms which might otherwise be implied by statute, common law or the law of equity) which but for this Agreement might have effect in relation to this Website; and
7.2.2 any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
18.104.22.168 loss of income or revenue;
22.214.171.124 loss of business;
126.96.36.199 loss of profits or contracts;
188.8.131.52 loss of anticipated savings;
184.108.40.206 loss of data;
220.127.116.11 loss of goodwill;
18.104.22.168 wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above or in paragraph 8.
7.3 The Company does not warrant that the Website will meet your requirements and/or expectations or that the Website or functions contained in the Website content will be timely, uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available represent the full functionality, accuracy or reliability of the Website or is free of infection by viruses or bugs or anything else that has contaminating or destructive properties.
7.4 Commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents.
8 LIMITATION OF THE COMPANY’S LIABILITY
8.1 For the purpose of this clause 8 and any other section of the Agreement which seeks to limit the Company’s liability, the ‘Company’ includes, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of the Company’s group companies and the officers, directors, employees, consultants, shareholders, agents or persons engaged by any of them.
8.2 Nothing in this Agreement shall exclude or in any way limit the Company’s liability for (i) death or personal injury caused by our negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) fraudulent or negligent misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law. Subject to this but including any liability arising under any indemnity under this Agreement you agree that:
8.2.1 the Company’s maximum aggregate liability and responsibility for any amount or kind of loss or damage, which has not been excluded or limited pursuant to clause 7 or this clause 8 (or otherwise under this Agreement), that you or any third party incur out of, in relation to or in connection with this Agreement or in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website, or as a result of a failure, act or omission or whether in contract, negligence, breach of duty or other tortious action or for pre-contract or other representations whether or not such loss or damage is foreseeable or known, is as follows: -
22.214.171.124 if you are registered, your remedy is limited to the direct damages you actually incur arising out of your use of the Website, which is subject to a limit equal to £500. You may at your option receive paid for services from the Company at no cost up to the equivalent value of this limit in place of monetary damages.
126.96.36.199 if you have not registered with the Company, then to the extent we cannot remedy the relevant fault in the Website, your remedy is limited to receiving paid for services from the Company at no cost up to the value of the direct damages you actually incur arising out of your use of the Website which is subject to a limit equal to the amount paid by you to the Company, if any, to access this Website or £250 (whichever is the greater). You may not receive monetary damages.
8.2.2 in addition to but separate from the exclusions and limitations in clauses 7, 8.2.1 and clause 8.3 (or otherwise under this Agreement) and to the full extent allowed by applicable law, the Company will not be liable, whether as a result of a failure, act or omission or whether in contract, negligence, breach of duty or other tortious action or for pre-contract or other representations or in any other way, for any amount or kind of loss or damage that you or any third party incur which are not a direct consequence of your use of the Website including without limitation any indirect, special, consequential, incidental, punitive or exemplary losses or damages, damages arising from use or loss of use, business interruption, any economic losses (including without limitation loss of revenues, profits, actual or anticipated income, contracts, business or anticipated savings) or loss of privacy or use of money or loss of or damage to information, data, goodwill or reputation of any amount or kind whatsoever that arise out of, are related to or are in connection with this Agreement or your use of the Website and whether or not such loss or damage is foreseeable or known.
8.3 If a court of competent jurisdiction determines that any of the above or following limits or exclusions on the Company’s liability are unenforceable, then you agree that in any event our total liability to you shall not exceed damages or losses greater than twice the amount paid by you to the Company, if any, to access this Website or £800 (whichever is the greater).
8.4 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
8.5 We shall have no liability for any defect in the Website caused or contributed to by you and/or any other person using the Website.
8.6 You shall give the Company a reasonable opportunity to remedy any matter for which we are liable before you incur any costs and/or expenses in remedying the matter. If you do not do so the Company shall have no liability to you.
8.7 You shall be under a duty to mitigate any loss, damage, costs or expenses that you may suffer and you shall produce to the Company written evidence of any claims for which it is alleged that the Company is liable together with written details of how any loss was caused by the Company and the steps you have taken to mitigate the loss before the Company shall have any liability for a claim by you.
8.8 The Company shall have no liability to you to the extent that you are covered by any policy of insurance and you shall ensure that your insurers waive any and all rights of subrogation they may have against the Company.
8.9 It is possible for other users of the Website to obtain and misuse information about you as a result of your use of the Website. The Company shall have no liability to you arising out of any users misuse of information.
8.10 The Company shall have no liability to you for any delay in performance of this Website and/or any other matters to the extent that such events and/or matters are due to any events outside the Company’s reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
9 Governing law and jurisdiction
This Agreement shall be governed by and construed in accordance with English law. Disputes arising in connection with this Agreement shall be subject to the exclusive jurisdiction of the English courts although we retain the right to bring proceedings against you for breach of the Agreement in your country of residence or any other relevant country.
10 Trade marks
KAFÉVEND is a UK registered trade mark of Kafevend Group Limited.
11 Your concerns
If you have any concerns about material which appears on our Website, please contact the person detailed below.
Issue Date: 28th March 2011
Kafevend Group Limited
The Fleming Centre
West Sussex RH10 9NN
Tel 01293 523 222
WEBSITE TERMS AND CONDITIONS