1.1 Welcome to the Kitchen Passport website: https://www.mykitchenpassport.com (the “Website”). Please read these terms (the “Terms”) carefully as they govern your use of the Website.
1.2 The owner and operator of the Website is TUKC LLP, (also referred to in these Terms as “we”, “us”, “our”, “Kitchen Passport”) whose registered office is at Lynton House, 7-12 Tavistock Square, London, WC1H 9BQ and whose registration number is OC353746.
1.3 The term “you” refers to the user or viewer of our Website (and “your” will be construed accordingly).
1.4 “Kitchen Showroom” refers to a kitchen showroom or other retail trade seller of kitchens, kitchen related goods, equipment or furnishings who has registered with Kitchen Passport for the purpose of issuing Passports.
1.5 By using our Website or continuing to browse our Website, you agree to accept these terms and conditions. If you disagree with any of these terms and conditions, you must not use our Website.
2.1 This Website contains content which is owned by or licensed to us (the “Content”). This Content includes, but is not limited to, the information, design, layout, look, appearance and graphics.
2.2 You are granted a license to use the Content subject to the restrictions described in these terms and conditions.
2.5 All Content and material contained in this Website is and shall remain at all times the copyright of Kitchen Passport.
2.6 You must retain, and must not delete or remove all copyright notices and other proprietary notices placed on any Content.
3. Use of the Service
3.1 Kitchen Passport provides registered users with a digital passport (“Passport”) which holds information about their kitchen (the “Service”).
3.2 There is no charge for individual users of our Service. We reserve the right however to change our pricing policy, and if we do so, will notify you either directly through your registered email address, or through notices published on the Website.
3.3 Users are responsible for providing accurate details of their kitchen and warrant to us and to all other users of the Service that the information provided is true, accurate and up-to-date.
3.4 It is a user’s responsibility to update details of their Passport as may be necessary.
3.5 Due to the fact that we are relying on users to provide true, accurate and up-to-date information (which we are not able to verify), all users accept that Kitchen Passport shall not be held responsible and shall have no liability in relation to a Passport or any person relying on the information contained within a Passport. We do not advise users or other interested parties to rely solely on the content of a Passport. Rather, users and interested parties should make their own enquiries and take appropriate advice in conjunction with the information provided by the Passport.
3.6 We provide users with online storage of their Passport as part of the Service offered. However, you accept that our storage of your Passport is not guaranteed and such storage may be subject to downtime and/or inaccessibility. You are therefore recommended to retain your own copy of any stored information or documents you may have provided to us.
3.7 Users understand and accept that Kitchen Showrooms shall not be liable for any inaccuracy or errors, or data loss howsoever caused in relation to their Passport or any other details which are submitted to us or uploaded by a Kitchen Showroom on behalf of a user.
3.8 You have the right to delete your Kitchen Passport account at any time, which you may perform from the account section of your Passport.
3.9 We reserve the right to suspend or terminate any user account if you breach any of these Terms or for any other reason at our discretion.
3.10 If we cease to provide Service to users or if we change or cease to operate the Website, we will endeavour to inform users in advance, either through their registered email address or by publishing an appropriate notice on the Website.
4. Terms applicable to Kitchen Showrooms
4.1 Kitchen Showrooms who register with us will be given permission to issue Passports to their customers.
4.2 The right for Kitchen Showrooms to issue Passport shall be subject to any rules of issue which we may provide to Kitchen Showrooms relating to the issue of Passports (and which may be updated by us from time to time) (the “Showroom Rules”).
4.3 Kitchen Showrooms warrant to us that they will comply with the Showroom Rules, and shall indemnity us against any claims or losses suffered by us, or by any third party, resulting from a breach by the Kitchen Showroom of the Showroom Rules.
5. License to use the Website
5.1 Users 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;
(d) save electronic copies of their Passport data for the purpose of their personal record keeping;
subject to the other provisions of these terms and conditions.
5.2 Except as expressly permitted by Section 5.1 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.
5.3 Except as expressly permitted by these terms and conditions, or as permitted by the functionality on the Website, you must not edit or otherwise modify any material on our Website.
5.4 You must not:
(a) republish material from our Website (including republication on another Website), except in the case of social media such as Facebook, Instagram and Twitter in which case you are permitted to publish extracts in order to promote use of the 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.
5.5 We reserve the right to restrict access to areas of our Website, or indeed our whole Website, at our discretion. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Website.
6. Acceptable use
6.1 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 or accessibility 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) 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; or
(d) 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.
6.2 You must ensure that all the information you supply to us through our Website, or in relation to our Website, is true, accurate, current and non-misleading.
7. Your content license
7.1 In these terms and conditions, “your content” means all information 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, including information which you have provided to us for storage in your Passport.
7.2 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 and to reproduce, store and publish your content on and in relation to this Website and any successor website.
7.3 You grant to us the right to sub-license and to bring an action for infringement of the rights licensed under Section 7.2.
7.4 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.
7.5 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.
8. Your content rules
8.1 You warrant and represent that your content will comply with these terms and conditions.
8.2 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).
8.3 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 or promote any 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 any contractual obligation owed to any person;
(k) be untrue, false, inaccurate or misleading;
(l) 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;
(m) constitute spam; or
(n) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory.
9.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our Website;
(b) that the information on the Website is up to date; or
(c) that the Website or any service on the Website will remain available.
9.2 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.
9.3 To the maximum extent permitted by applicable law and subject to Section 9.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our Website and the use of our Website.
10. Limitations and exclusions of liability
10.1 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.
10.2 The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions:
(a) are subject to Section 10.1; 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; and
(c) this includes any claims, losses or damages arising from the conduct of users who have registered through the Website or who attempt to defraud or harm you.
10.3 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. To the extent that we may have charged you a fee for using the Website, our liability to you shall in no event exceed the amount of that fee.
10.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control, or in respect of any loss or corruption of any data, database or software, or in respect of any special, indirect or consequential loss or damage.
10.5 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.
11.1 You hereby indemnify us, and undertake to keep us indemnified, against 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:
(a) any breach by you of any provision of these terms and conditions; or
(b) your use of our Website.
12. Breaches of these terms and conditions
12.1 Without prejudice to our other rights under these terms and conditions, if you breach 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 temporarily or permanently suspend your access to our Website or commence any action, including legal action, against you, whether for breach of contract or otherwise, where appropriate.
13. Third party Websites
13.1 Our Website may include links to other websites owned and operated by third parties. We have no responsibility for the content of such third party websites.
13.2 We have no control over third party websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
14.1 The name ‘KITCHEN PASSPORT’ is a registered trademark of TUKC LLP. The registered and unregistered trademarks or service marks on our Website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
15.1 We may revise these terms and conditions from time to time.
15.2 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. If you do not agree to the revised terms and conditions, you must stop using our Website.
16.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
16.2 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.
17.1 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.
17.2 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.
18. Law and jurisdiction
18.1 These terms and conditions shall be governed by and construed in accordance with English law. Any disputes relating to these terms and conditions, the Website or any product or service purchased through the Website shall be subject to the exclusive jurisdiction of the courts of England.