1.Acceptance of Terms:
D.The user is advised that only the products specified on the website KitchonApp shall be supplied according to the descriptions mentioned therein.
E.The user accepts the terms at the time of ordering the products by clicking the submit buttons and subject to the applicable terms and other local legislations.
2.Description of Services and How to Order:
The kind of services provided by KitchonApp is subject to change and KitchonApp does not hold itself liable for the description of goods and services beyond the materiality of the contents of the website. The services provided are a contactless food ordering system. This app is specially made for contactless ordering and payments in restaurants, including dine-in, takeout, or delivery, and facilitates the restaurants to invite orders and manage efficiently with payment processing features. However, KitchonApp does not provide any food delivery services that are offered only by the restaurants. The customer could place an order and pay safely from their smart device (mobile, tablet or laptop).
The products may be ordered as per the following terms:
C.Payment authorization: Where any payment you make is not authorized, your order will not be processed or communicated to the relevant store.
D.Delivery of your order: The delivery of the product is by installing the KitchonApp on the user’s website. KitchonApp reserves its right to charge the customer for installing on specific devices. Our products will be compatible only with software and systems, as indicated on our website.
E.Sales tax, delivery and online payment costs: Prices will be as quoted on the Website. These prices will have applicable sales taxes applied at checkout, but may exclude online delivery costs and any online payment administration charges. These will be added to the total amount due where applicable. In all other purchases, the delivery shall vary in accordance with the product and its description only.
F.Payment methods: Payment for orders must be made by an accepted credit or debit card through the Website only.
G.Card payments: If you pay by credit or debit card, you may be required to identify yourself online at the time of downloading delivery as proof of identification and so that they can check that the card conforms with the receipt data for the order. Please note that from time to time there may be delays with the processing of card payments and transactions. This may result in payments taking up to seven (7) days to be deducted from your bank account or charged to your credit or debit card.
3.User Conduct and Acceptable Use:
A.The User shall use KitchonApp for lawful purposes only. KitchonApp contains copyrighted material, trademarks and other proprietary information, including, but not limited to: text, software, photos, video, graphics, music and sound, and the entire contents of KitchonApp are copyrighted as a collective work under the KitchonApp copyright laws. Except as otherwise permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of KitchonApp and the copyright owner.
The software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
4.Notices Regarding Software, Documents and Services Available on this Site:
In no event shall KitchonApp and/or its respective suppliers be liable for any special, indirect or consequential damages, or any damages whatsoever resulting from loss of use, data or profits; whether in an action of contract, negligence or other tortious action, relating to the use or performance of software, documents, provision of or failure to provide services, or information available from the services.
5.Disclaimer of Warranty and Limitation of Liability:
A.The User expressly agrees that the use of KitchonApp is at the user's sole risk. Neither KitchonApp, its affiliates, nor any of their respective employees, agents, third-party content providers or licensors warrant that KitchonApp will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of KitchonApp or as to the accuracy, reliability or content of any information, service, or merchandise provided through KitchonApp.
C.This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action. The user specifically acknowledges that KitchonApp is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with the user.
D.In no event will KitchonApp, or any person or entity involved in creating, producing or distributing KitchonApp or the software, be liable for any damages, including, without limitation: direct, indirect, special, consequential or punitive damages arising out of the use of or inability to use KitchonApp. The user hereby acknowledges that the provisions of this section shall apply to all content on the site.
E.Force Majeure— Neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation: acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third-party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the other party within a maximum of fifteen (15) days from its occurrence. The performance of this agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this agreement.
The user agrees to defend, indemnify and hold harmless KitchonApp, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of KitchonApp by the User or the User's Account.
Either KitchonApp or the User may terminate this agreement at any time. Without limiting the foregoing, KitchonApp shall have the right to immediately terminate the User's Account in the event of any conduct by the User which KitchonApp in its sole discretion, considers being unacceptable, or in the event of any breach by User of this Agreement.
8.Entire Clause Agreement:
This Agreement and any operating rules for KitchonApp established by KitchonApp constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties, with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only, and shall not be given any legal import.
KitchonApp’s logos are trademarks of KitchonApp. All rights reserved. All other trademarks appearing on KitchonApp are the property of their respective owners.
10.Trademarks & Trade Name:
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred.
11.Disputes and Jurisdiction: All disputes are subject to the Jurisdiction of Toronto, Province of Ontario, Canada and the parties consent to the jurisdiction of Ontario Courts.
Any rights not granted herein are reserved by KitchonApp.