Kitchko Terms of Use & Conditions of Service.

 

Welcome to Kitchko. This page tells you terms and conditions which govern the access or use by you, as an individual, from any country in the world made available by Kitchko.

 

What we do
Kitchko is an online marketplace platform which connects buyers to purchase meals that others registered with us (as ‘Chefs’) offer to sell.

Chefs will list the meals or food available for supply on the site or Application and the price for that food.
Kitchko cannot and does not control the content contained in the Chef’s Product availability List nor the condition, legality or suitability of any kitchen, storage depot of food. Kitchko is not liable or responsible for any disclaims or any liability related to any all food sold. Any food sold will be made or accepted by the buyers own risk.

 

1. About the Marketplace

 

1. Welcome to www.kitchko.com (the ‘Marketplace’). The Marketplace facilitates interactions between:

 

(a) Buyers (the ‘Receiver’); and

 

(b) Chefs (the ‘Provider’), making it easier for the Receiver and the Provider to locate, communicate, arrange payment and deliver the services in a fast and secure manner (the ‘Services’).

 

1. 2.The Website is operated by Kitchko Foods (ABN 55 987 029 644) . Access to and use of the Marketplace, or any of its associated products or Services, is provided by Kitchko Foods. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its products or Services, immediately.

 

1. 3.Kitchko Foods reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Kitchko Foods updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

 

2. Acceptance of the Terms

 

You accept the Terms by registering for the Services and/or making any payment as required under the Terms for use of the Services. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by Kitchko Foods in the user interface.

 

3. The Services

 

3. 1. In order to access the Services, both the Receiver and the Provider are required to register for an account through the Website (the ‘Account’).

 

3. 2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

 

(a) Email address

 

(b) Telephone number

 

(c) Password

 

(d) Payment Information

 

3. 3. You warrant that any information you give to Kitchko Foods in the course of completing the registration process will always be accurate, correct and up to date.

 

3. 4. Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms.

 

3. 5. You may not use the Services and may not accept the Terms if:

 

(a) you are not of legal age to form a binding contract with Kitchko Foods; or

 

(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

 

4. Your obligations as a

 

4. 1.As a Member, you agree to comply with the following:

 

(a) you will not share your profile with any other person;

 

(b) you will use the Services only for purposes that are permitted by:

 

(i) the Terms; and

 

(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

 

(c) you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

 

(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Kitchko Foods of any unauthorised use of your password or email address or any breach of security of which you have become aware;

 

(e) you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;

 

(f) any content that you broadcast, publish, upload, transmit, post or distribute on the Website (‘Your Content’) will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.

 

(g) you agree not to harass, impersonate, stalk, threaten another Member of the Website (where interaction with other Members is made available to you);

 

(h) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;

 

(i) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Kitchko Foods;

 

(j) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

 

(k) you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by Kitchko Foods for any illegal or unauthorised use of the Website; and

 

(l) you acknowledge and agree that any automated use of the Website or its Services is prohibited.

 

5. Using the Website as the Receiver

 

5. 1. You must agree to the terms and conditions of using this website

 

6. Your role as a Chef

 

You will be working for yourself, and not as our employee or subcontractor; you are free to work whenever you see fit; and you may choose which Meals (if any) to offer and the price at which you offer them.

 

You must also pay to the appropriate government authority any and all taxes, levies and other amounts applicable (if any) in connection with your supply of any Meal, including any GST, payroll tax, workers’ compensation insurance premiums, fringe benefits tax, PAYG deductions or superannuation guarantee contributions or levy. If any such amounts are claimed from us then you must indemnify us for the amount (and any additional amount claimed due to non-payment by you).

 

6. 1.Chef’s responsibilities

 

You are responsible for all aspects of food preparation, health and safety compliance with laws, customer service, and service delivery. You acknowledge and agree that you are responsible for your own actions, representations and omissions and are also responsible for any actions, representations and omissions of any individuals who have assisted you in preparation, storage or delivery of food and creation of any product listings or who may assist you in any way that arises from this use of site and application or the supply food.

 

6. 2.Compliance with Food Laws for Chefs

 

Chefs must understand and comply with all Food Laws. We may include requirements and information in the Platform and process of registering as a Chef to endeavour to assist you in complying with the Food Laws, including:inspecting your Food Premises; and assisting you in obtaining a food safety and handling certification, but we are under no obligation to ensure that you are in compliance. In some states, Chefs must, get a permit, obtain a license before making or accepting orders from Buyers. From time to time we may in our discretion undertake other checks for the benefit of users generally, including taste checks and police checks and you consent to us doing so and agree to cooperate with us in doing so. State and local governments vary greatly in how they enforce these laws. Penalties may include fines. Chefs must review and comply with local laws before listing on Kitchko.

 

7. Payment

 

7. 1. By Kitchko Foods offering the Services to you, you agree that:

 

(a) 25% commission of every transaction is required

 

7. 2. All payments made in the course of your use of the Services are made using Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.

 

7. 3. If you order through the site or application, you are required to pay under the goods and services provided by the Chef.

 

7. 4. Chefs are charged 25% of the total fee of each Meal sold. Kitchko does not charge any commission or fee for any delivery.

 

8. Refund Policy

 

8. 1. Since Kitchko Foods is only a facilitator in introducing the Receiver to the Provider and providing a system to make safe payment, Kitchko Foods does not hold any liability to the Receiver directly and will not personally refund them any payments made in the use of Services.

 

8. 2. Notwithstanding the above clause, if a Receiver is unsatisfied with the services provided by the Provider or believes that they may be entitled to a refund, then Kitchko Foods requires the Receiver to:

 

(a) contact the Provider directly to request a refund; and

 

(b) if contacting the Provider is not successful after fourteen (14) days, contact Kitchko Foods through the ‘Contact Us’ section of the Website outlining why you believe you are entitled to a refund so we are able to determine if the Provider should be removed from the Services.

 

8. 3. If contacted by a Receiver who is requesting a refund pursuant to the above clause, the Provider agrees that it will immediately:

 

(a) complete the Kitchko Foods refund request form (the ‘Request Form’) provided on the Website; and

 

(b) provide both the Request Form and the email from the Receiver requesting the refund to Kitchko Foods.

 

8. 4. If the Provider agrees to a refund it is acknowledged that the Provider will instruct Kitchko Foods to refund all or part of the payments made to the receiver directly, less any fees and charges incurred by Kitchko Foods in processing the refund.

 

8. 5.Both the Receiver and Provider agree that they will comply with the Refund Policy contained in this Clause of these Terms.

 

9. Copyright

 

9. 1. The Marketplace, the Services and all of the related products of Kitchko Foods are subject to copyright. The material on the Marketplace is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Marketplace (including but not limited to text, graphics, logos, button icons, video images, audio clips, Marketplace, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Kitchko Foods or its contributors.0

9. 2.All trademarks, service marks and trade names are owned, registered and/or licensed by Kitchko Foods, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

 

(a) use the Marketplace pursuant to the Terms;

 

(b) copy and store the Marketplace and the material contained in the Marketplace in your device’s cache memory; and

 

(c) print pages from the Marketplace for your own personal and non-commercial use.

Kitchko Foods does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Kitchko Foods.

 

9. 3. Kitchko Foods retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Marketplace will transfer any:

 

(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

 

(b) a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or

 

(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

 

9. 4. You may not, without the prior written permission of Kitchko Foods and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Marketplace, which are freely available for re-use or are in the public domain.

 

9. 5. Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Marketplace, then you grant to Kitchko Foods a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.

 

10. Privacy

 

Kitchko Foods takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Kitchko Foods’s Privacy Policy, which is available on the Marketplace.

 

11. General Disclaimer

 

11. 1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

 

11. 2. Subject to this clause, and to the extent permitted by law:

 

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

 

(b) Kitchko Foods will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

 

11. 3. Use of the Marketplace and the Services is at your own risk. Everything on the Marketplace and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Kitchko Foods make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Kitchko Foods) referred to on the Marketplace. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

 

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

 

(b) the accuracy, suitability or currency of any information on the Marketplace, the Services, or any of its Services related products (including third party material and advertisements on the Marketplace);

 

(c) costs incurred as a result of you using the Marketplace, the Services or any of the products of Kitchko Foods; and

 

(d) the Services or operation in respect to links which are provided for your convenience.

 

12. Limitation of Liability

 

12. 1. Kitchko Foods’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

 

12. 2. You expressly understand and agree that Kitchko Foods, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

 

12. 3. Kitchko will not be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, the delivery of the services by the Suppliers (or failure to deliver the services), from the use of or inability to use the Site and Application or Collective Content, from any communications, interactions or meetings with other users of the Site, Application, or services or other persons with whom you communicate or interact as a result of your use of the Site and Application, or from your Product Availability Lists or ordering of any food via the Site and Application, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Kitchko has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

 

13. Termination of Contract

 

13. 1. If you want to terminate the Terms, you may do so by providing Kitchko Foods with 3 days’ notice of your intention to terminate by sending notice of your intention to terminate to Kitchko Foods via the ‘Contact Us’ link on our homepage.

 

13. 2.Kitchko Foods may at any time, terminate the Terms with you if:

 

(a) you have breached any provision of the Terms or intend to breach any provision;

 

(b) Kitchko Foods is required to do so by law;

 

(c) Kitchko Foods is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or

 

(d) the provision of the Services to you by Kitchko Foods is, in the opinion of Kitchko Foods, no longer commercially viable.

 

13. 3. Subject to local applicable laws, Kitchko Foods reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Kitchko Foods’s name or reputation or violates the rights of those of another party.

 

13. 4. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Kitchko Foods have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

 

14. Indemnity

 

14. 1. You agree to indemnify Kitchko Foods, its affiliates, employees, directors, agents, contributors, third party content providers and licensors from and against:

 

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;

 

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

 

(c) any breach of the Terms.;

 

(d) events such as:

 

(i) ordering from any product availability listings;

 

(ii) consumption by any food by you, including injuries, losses or damages which are consequential, compensatory, incidental that has arisen with a result of ordering consumption from food.

 

15. Dispute Resolution

 

15. 1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

 

15. 2. Notice: A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

 

15. 3.Resolution: On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:

 

(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

 

(b) If for any reason whatsoever, 7 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;

 

(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

 

(d) The mediation will be held in Sydney, Australia.

 

15. 4. Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

 

15. 5. Termination of Mediation: If 7 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

 

16. Venue and Jurisdiction

 

The Services offered by Kitchko Foods is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

 

17. Governing Law

 

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

 

18. Independent Legal Advice

 

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

 

19. Severance

 

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.

 

20. Delivery

 

Delivery only applies when the Chef has manually expressly agreed directly with the User (by messaging or otherwise) to perform or arrange a Delivery. The Chef must ensure that the Meal is delivered by the standards of Food Laws.

 

21. General Terms

 

Kitchko is a web service built on the Sharetribe platform. The general terms of Sharetribe below apply also to the use of Kitchko.

 

Sharetribe is a social media service that allows its users to change favors and items and communicate with each other. The Sharetribe-service may only be used in accordance with these terms of use. The service provider reserves the right to change these terms of use if required. Valid terms of use can be found from Sharetribe’s website.

 

22. Rights of Content

 

The users themselves retain the right to all text, pictures and other content that they create in the service. The users allow others to utilize the content in accordance with the nature of the service and furthermore allow the service provider to file information and data and make changes that are necessary for the service or the study, however other rights are not transferred from the users, unless specifically otherwise agreed. The responsibility of the content lies with the user, who has produced it to the service. The service provider has the right to remove any material when it deems it necessary.

 

23. Disclaimer

 

No guarantees of the functioning of the Kitchko service are given. The users are themselves responsible for their actions in the service and they should estimate the reliability of other users before dealing with them. The service provider can under no circumstances be liable for damage that is caused to the user. The user may not store any information or data in the service, and expect it to remain there.

 

24. The Removal of a User

The service provider has the right to remove any users from Kitchko and terminate their right of use of the service without any specific reason and without being liable for compensation.

 

25. Jurisdiction

The jurisdiction that is applicable in this service and these terms of use is that of Australia, unless something else is required by binding law.

 

26. Copyright Policy

 

Kitchko Foods respects copyright law and expects its users to do the same. It is Kitchko Foods’’ policy to terminate in appropriate circumstances the Kitchko Accounts of Buyers or other account holders who infringe or are believed to be infringing the rights of copyright holders.