Updated: 06.01.20
IMPORTANT LEGAL NOTICE
This page (together with our Cookies Policy) sets out the terms and conditions ("App Terms") on which we, Kuul Group Ltd provide access to our App and any Kuul Group mobile application through which you contract for the purchase of products and services (together, "the App"). Please read these App Terms carefully before paying for any products and services (“Products”) through the App. By purchasing Products through the App (whether now or in the future), you agree to be bound by these App Terms. Use of the App is also subject to these App Terms.
We reserve the right to change these App Terms from time to time by changing them on this page. We advise you to print a copy of these App Terms for future reference. These App Terms are only in the English language.
Use of your personal information submitted via the App is governed by our Privacy Policy and Cookies Policy.
For the avoidance of doubt, please note that references to "App" in these App Terms include any current or future version of our App and any Kuul Group mobile application through which you access, use our App, purchase Products through our App in all cases whether accessed through any current or future platform or device (including without limitation any mobile App, mobile application, affiliate App or related App for accessing and using our App that may be developed from time to time).
By accessing any part of the App, you indicate that you accept these App Terms. If you do not accept these App Terms, you should leave the App immediately, and you will not be able to purchase any products through the App.
TERMS AND CONDITIONS OF USE AND SALE
1. INTRODUCTION AND OUR ROLE
1.1. Company details: Kuul Group Limited (“KuulGroup”) is a company registered in England and Wales with registered company number 11338501, whose registered office is at Atlantic House, 8 Bell Lane, Bellbrook Industrial Estate, Uckfield, East Sussex, TN22 1QL.
1.2. VAT number: Our VAT number is GB 304 629 516.
1.3. Purchase & Payment Method: We provide a method for you to purchase and pay for Products through the App.
2. APP ACCESS AND TERMS
2.1. App access: You may access some areas of the App without making a purchase or registering your details with us. Most areas of the App are open to everyone.
2.2. Acceptance of terms: By accessing any part of the App, you indicate that you accept these App Terms. If you do not accept these App Terms, you should leave the App immediately, and you will not be able to purchase any products through the App.
2.3. Revision of terms: We may revise these App Terms at any time. You should check the App regularly to review the current App Terms, because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you purchase a product through the App.
2.4. Responsibility: You are responsible for making all arrangements necessary for you to have access to the App. You are also responsible for ensuring that all persons who access the App through your Internet connection are aware of these App Terms and that they comply with them.
3. YOUR STATUS
3.1. Capacity and age: By making a purchase through the App, you warrant that:
3.1.1. You are legally capable of entering into a binding contract with Kuul Group.
3.1.2. You are at least 18 years old.
3.2. Allergens: You acknowledge and agree that if you have a specific food allergy or intolerance, you will advise the supplier directly to check that the food is suitable for you, before placing your order with them.
3.3. Alcohol, cigarettes and other smoking products:
3.3.1. You acknowledge and agree that: it is an offence for any person under the age of 18 to buy, or attempt to buy, alcohol, or for any person to buy, or attempt to buy, alcohol, tobacco or other smoking products on behalf of any person who is under the age of 18;
3.3.2. If your order includes any alcohol, cigarettes or other smoking products, you may be asked to provide proof of your age by the supplier of the products. If you are unable to provide proof that you are aged 18 or over to the satisfaction of the supplier of the products, or if the supplier of the products reasonably believes that the alcohol, cigarettes or other smoking products you have ordered have been bought by you on behalf of someone under the age of 18, the supplier of the products will reserve the right not to complete the delivery of alcohol, cigarettes or other smoking products to you.
4. PROCESS, PRICE AND PAYMENT
4.1. Product Purchases: The legal contract for the supply and purchase of Products through the App is between you and the supplier of the products. When you pay for Products using the App you accept that Kuul Group receives a commission from the payment provider.
4.2 VAT: Prices will be as quoted by the supplier. These prices include VAT but may exclude any service charge imposed by the supplier of the products. These will be added to the total amount due where applicable.
4.3. Payment methods: Payment for Products must be made by an accepted credit or debit card through the App or in cash to the supplier.
4.4. Card payments: If you pay by credit or debit card through the App 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 sixty (60) days to be deducted from your bank account or charged to your credit or debit card.
4.5. Credit and discount vouchers: A credit or discount may apply to your purchase if you use a promotional voucher or code recognised by the App and endorsed by Kuul Group and/or the applicable supplier of Products, and you pay for any balance by credit or debit card. Please note that because of standard banking procedures, your bank or card issuer will initially "ring-fence" the full amount of the purchase price (before any credit or discount) in your account for between 3 to 5 working days (or longer, depending on your bank or card issuer), and this amount will therefore be unavailable in your account for that period. The credit or discount will be applied at the time your bank or card issuer transfers the funds for your purchase to us, at which point the credit or discounted amount will not be transferred to us and will instead be released by your bank or card issuer back into your available balance. You acknowledge and agree that neither we nor the supplier of Products will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
5. CUSTOMER CARE AND COMPLAINTS
5.1. General: Customer care is extremely important to us. Subject to paragraphs 5.2 and 10 our Customer Care team will try to assist you where possible if you have any problems with your purchase. You can contact our Customer Care team by calling 020 3011 0033 or please send an email to support@kuuleats.com.
5.2 Complaints: In the event that you are dissatisfied with the quality of a product or the service provided by wish to seek a refund, proportionate price reduction or any other compensation, please first raise the complaint with the Supplier of the Products If the Supplier of the Products cannot resolve it, you can contact our Customer Care team who will take steps to resolve the matter.
5.3 Feedback: please consider providing feedback in the form of ratings, comments and reviews on the App (together, "Reviews") to reflect your experience. The Reviews are an important part of our quality control process.
6. LICENCE
6.1. Terms of permitted use: You are permitted to use the App and print and download extracts from the App for your own personal non-commercial use on the following basis:
6.1.1. You must not misuse the App (including by hacking or \"scraping\").
6.1.2. Unless otherwise stated, the copyright and other intellectual property rights in the App and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these App Terms, any use of extracts from the App other than in accordance with paragraph 6.1 is prohibited.
6.1.3. You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 6.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
6.1.4. You must ensure that our status as the author of the material on the App is always acknowledged.
6.1.5. You are not allowed to use any of the materials on the App or the App itself for commercial purposes without obtaining a licence from us to do so.
6.2. Limitation on use: Except as stated in paragraph 6.1, the App may not be used, and no part of the App may be reproduced or stored in any other App or included in any public or private electronic retrieval system or service without our prior written permission.
6.3. Reservation of rights: Any rights not expressly granted in these App Terms are reserved.
7 APP ACCESS
7.1. App availability: While we try to ensure the App is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the App is unavailable at any time or for any period.
7.2. Suspension of access: Access to the App may be suspended temporarily at any time and without notice.
7.3. Information security: The transmission of information via the Internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the App; any transmission is at your own risk.
8. VISITOR MATERIAL AND REVIEWS
8.1. General:
8.1.1. Other than personally identifiable information, which is covered under our Privacy Policy, any material you post, upload or transmit or upload to the App (including without limitation Reviews) (**\"Visitor Material\"**) will be considered non-confidential and non-proprietary. By posting, uploading or transmitting any Visitor Material, you represent and warrant that you own or otherwise control all of the rights to such Visitor Material. You agree that we will have no obligations with respect to any Visitor Material, and that we and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use any Visitor Material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.
8.1.2. You represent and warrant that any Visitor Material you post, upload or transmit does not and will not breach any of the restrictions in paragraphs 8.2 to 8.3 below.
8.2. Visitor Material Policy: You are prohibited from posting, uploading or transmitting to or from the App any Visitor Material (including any Reviews) that:
8.2.1. breaches any applicable local, national or international law;
8.2.2. is unlawful or fraudulent;
8.2.3. amounts to unauthorised advertising; or
8.2.4. contains viruses or any other harmful programs.
8.3. Visitor Reviews Policy: In particular (but without limitation), any Reviews that you submit through the App must not: 8.3.1. contain any defamatory, obscene or offensive material;
8.3.2. promote violence or discrimination;
8.3.3. infringe the intellectual property rights of another person;
8.3.4. breach any legal duty owed to a third party (such as a duty of confidence);
8.3.5. promote illegal activity or invade another's privacy;
8.3.6. give the impression that they originate from us; or
8.3.7. be used to impersonate another person or to misrepresent your affiliation with another person.
8.4. Removal of Reviews: The prohibited acts listed in paragraphs 8.2 and 8.3 above are non-exhaustive. We reserve the right (but do not undertake, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Reviews or other Visitor Material posted, uploaded or transmitted to the App that we determine breaches a prohibition in paragraphs 8.2 or 8.3 above, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason.
8.5. Use of Reviews: The Reviews and other Visitor Material contained on the App are for information purposes only and do not constitute advice from us. Reviews and Visitor Material reflect the opinions of customers who have purchased products through the App or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, we assume no responsibility or liability to any person for any Reviews or other Visitor Material, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.
8.6. Liability: You agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us by a supplier of the products or any other third party arising out of or in connection with any Reviews or other Visitor Material that you provide in breach of any of the representations and warranties, agreements or restrictions set forth in this paragraph 8.
8.7. Disclosure to authorities and courts: You acknowledge that we will fully cooperate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other Visitor Material in breach of paragraphs 8.2 or 8.3 or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.
9. LINKS TO AND FROM OTHER APPS
9.1. Third party Apps: Links to third party Apps on the App are provided solely for your convenience. If you use these links, you leave the App. We have not reviewed and do not control any of these third party Apps (and are not responsible for these Apps or their content or availability). We do not endorse or make any representations about these Apps, their content, or the results from using such Apps or content. If you decide to access any of the third party Apps linked to the App, you do so entirely at your own risk.
9.2. Linking permission: You may link to the App's homepage www.kuuleatslocal.com provided that: 9.2.1. you do so in a fair and legal way which does not damage or take advantage of our reputation;
9.2.2. you do not establish a link from an App that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;
9.2.3. any App from which you link must comply with the content standards set out in these App Terms (in particular paragraph 8 (Visitor Materials and Reviews));
9.2.4. we have the right to withdraw linking permission at any time and for any reason.
10. DISCLAIMERS
10.1. App information: While we try to ensure that information on the App is correct, we do not promise it is accurate or complete. We may make changes to the material on the App, or to the functionality, products and businesses described on it, at any time without notice. The material on the App may be out of date, and we make no commitment to update that material.
10.2. Allergies, dietary and other menu information: If you have a concern about food allergies, intolerances or other dietary preferences, you should always contact the supplier directly before placing your order.
10.3. Actions and omissions: you acknowledge and accept that by using the App we do not give any undertaking that the Products purchased through the App will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
10.4. The foregoing disclaimer does not affect your statutory rights against us or the supplier of the Products.
10.5. Exclusion of terms: We provide you with access to and use of the App on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the App, purchases of Products through it and your use of it (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the App and your use of it, or be otherwise implied or incorporated into these App Terms, by statute, common law or otherwise ).
11. LIABILITY
11.1. General: Nothing in these App Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these App Terms affects your statutory rights.
11.2. Exclusion of liability: Subject to paragraph 11.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the App (including the use, inability to use or the results of use of the App) for:
11.2.1. any loss of profits, sales, business, or revenue;
11.2.2. loss or corruption of data, information or software;
11.2.3. loss of business opportunity;
11.2.4. loss of anticipated savings;
11.2.5. loss of goodwill; or
11.2.6. any indirect or consequential loss.
11.3. Limitation of liability: Subject to paragraphs 10, 11.1 and 11.2, our total liability to you in respect of all other losses arising under or in connection with the App or your use of it, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your purchase or £100, whichever is lower.
11.4. Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the App, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
12. TERMINATION
12.1. Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the App immediately by notifying you in writing (including by email) if we believe in our sole discretion that:
12.1.1. you have used the App in breach of paragraph 6.1 (Licence);
12.1.2. you have posted Reviews or other Visitor Material in breach of paragraphs 8.2 or 8.3 (Visitor Material and Reviews); 12.1.3. you have breached paragraph 9.2 (Links to and from other Apps); or
12.1.4. you have breached any other material terms of these App Terms.
12.2. Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the App.
13. WRITTEN COMMUNICATIONS
13.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using the App or paying for products via the App, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the App. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
14. EVENTS OUTSIDE OUR CONTROL
14.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these App Terms that is caused by events outside our reasonable control ("Force Majeure Event").
14.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
14.2.1. strikes, lock-outs or other industrial action;
14.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
14.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
14.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; 14.2.5. impossibility of the use of public or private telecommunications networks; and
14.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
14.3. Our performance under these App Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these App Terms may be performed despite the Force Majeure Event.
15. ADDITIONAL TERMS
15.1. Privacy Policy: We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy. You should review our Privacy Policy.
15.2. Other terms: You should also review our Cookies Policy for information regarding how and why we use cookies to improve the quality of the App and your use of it, our Voucher Terms and Conditions for information regarding the use of credits and promotional discounts on the App, and our Competitions Terms and Conditions for information regarding the terms applicable to competitions that we may run from time to time. All of these are incorporated into these App Terms by this reference.
15.3. Severability: If any of these App Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
15.4. Entire agreement: These App Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
15.5. No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these App Terms will not be interpreted as a waiver of your or our rights or remedies.
15.6. Assignment: You may not transfer any of your rights or obligations under these App Terms without our prior written consent. We may transfer any of our rights or obligations under these App Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
15.7. Headings: The headings in these App Terms are included for convenience only and shall not affect their interpretation.
16. GOVERNING LAW AND JURISDICTION
16.1. These App Terms shall be governed by and construed in accordance with English law. Disputes or claims arising in connection with these App Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English courts.
