PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS. IN PARTICULAR, HOSTS SHOULD UNDERSTAND HOW THEIR PARTICULAR LAWS WORK IN THEIR RESPECTIVE REGIONS. THESE LAWS ARE OFTEN PART OF A CITY'S ZONING OR ADMINISTRATIVE CODES. IN MANY CITIES, HOSTS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE ACCEPTING AND SERVING GUESTS MEALS. LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. HOSTS SHOULD REVIEW LOCAL LAWS BEFORE LISTING A KITCHEN ON UKITCHEN. IT IS NORMAL FOR A HOST TO MAKE A PROFIT FROM UKITCHEN AND THE HOST IS REQUIRED TO DECLARE THIS INCOME ACCORDING TO HIS OR HER COUNTRIES TAX REGULATIONS. Last updated: January 26, 2017
Key Terms "Android App" means app downloaded from the Play Store. "uKitchen Content" means all Content that uKitchen makes available through the website or application including any Content licensed from a third party, but excluding Member Content. "Booking Request Period" means the time period starting from the time when a booking is requested by a Guest (as determined by uKitchen in its sole discretion), within which a Host may decide whether to confirm or reject that booking request, as stated on the website or application. "Collective Content" means Member Content and uKitchen Content. "Content" means text, graphics, images, music, software (excluding the website or application), audio, video, information or other materials. "Guest" means a User who requests from a Host a booking of a time via the website or application or a User who eats a meal at a Kitchen and is not the Host for such Kitchen. "Host" means a User who creates a Kitchen Listing via the website or application. "Kitchen" the Hosts chosen facility to cook and prepare meals. "Listing" means a Kitchen that is listed by a Host as available for use via the website or application. "User" means a person who completes uKitchen’s account registration process, including but not limited to Hosts and Guests. "User Content" means all Content that a User posts, uploads, publishes, submits, transmits, or includes in their Listing or User profile to be made available through the website or application. “Review” referring to uKitchen “reviewing” Hosts. This may include but not necessarily personal contact, testing of meals, analysing app and website content. “Session” The action of attending a booking at the given Host’s address, dining at Hosts Kitchen (including eating and drinking), completing payment and leaving Host’s address. "Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes, fees (such as convention centre fees) that accommodation providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes. “Website” the web address www.uKitchenapp.com and all related content.
1.1 uKitchen (www.uKitchenapp.com) and the uKitchen Website and Android app for Android is operated by uKitchen Limited a company incorporated and registered in South Africa (hereinafter referred to as "uKitchen", "we", "us", or "our"). Company registration uKitchen Pty LTD (2017 / 019134 / 07) .
1.3 The Services comprise an online platform through which Hosts may create listings for Kitchens and Guests may learn about and book reservations or arrange a pick up directly with Hosts. You understand and agree that uKitchen is not a party to any agreements entered into between Hosts and Guests, nor is it a restaurant, delivery service or insurer. We have no control over the conduct of Hosts, Guests and other users of the Services and disclaim any liability in this regard to the maximum extent of the law.
1.4 Please note that we provide the platform for a Host and a Guest to conveniently communicate with each other and transact between each other. The legal contract is between you and the Host and is subject to these terms and conditions. We are not the seller of any meals and have no control and do not give any commitment relating to the quality or safety of meals or the truth or accuracy of any picture or description of the meals on the service. Each Host is independently responsible for their own legal and regulatory compliance which may differ from region to region. Ultimately Hosts are responsible for the operation of their Kitchen and all compliance issues and issues arising from any meals ordered by you through our service.
2.1 The Website and Android app can be used to facilitate the listing and booking of Hosts Kitchens. Such Kitchens are included in Listings on the website or application by Hosts. If you wish to book a meal at a Kitchen or create a Listing, you must first register to create a uKitchen Account (defined below). uKitchen allows Guests to book and eat at their Hosts Kitchen as well as pick up a home cooked meal where the Host can prepare meals requested by the Guest according to the options provided on the Hosts menu.
2.2 The meals available are displayed in a menu format on the Hosts Kitchen profile. Each meal will show the details of the meal in a description, the price of the meal and a relevant picture of the meal. We cannot guarantee the availability, accuracy of information or quality of meals provided by each Host.
2.3 Each Host will provide details for the Guest such as the times the Kitchen will be available for booking, a description of the Kitchen, one or more picture of the Kitchen and or dining area, a rough location of the Kitchen, cancellation period and the Kitchen’s rating and reviews.
2.4 A Host’s address becomes available to the Guest once that Guest’s booking has been accepted.
2.5 The Website and Android app does allow a user to cancel a booking whether accepted or not as long as it is within the cancellation period set by each individual Host. Please note that accepted bookings that are cancelled within the cancellation period set by each individual Host will be charged and no refund will be paid out to guests in order to protect the Hosts time and effort. If it is a necessity to cancel a booking within the cancellation period booking time please make use of the in contact Host functionality where the Guest may contact the Host via email prior to the booking being accepted and via email and/or mobile once the booking has been accepted. In the rare case that a Host would need to cancel the same functionality will be used to contact the Guest.
2.6 As stated above, uKitchen makes available an online platform or marketplace for Guests and Hosts to meet online and arrange for bookings of Kitchens directly with each other. uKitchen is not an owner or operator of properties or specifically Kitchens nor is it a provider of properties, including Kitchens and uKitchen does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, Kitchens, transportation or travel services. Unless explicitly specified otherwise in the uKitchen platform, uKitchen's responsibilities are limited to: (i) facilitating the availability of the website or application (ii) serving as the limited payment collection agent of each Host for the purpose of accepting payments from Guests on behalf of the Host.
2.7 uKitchen is under no obligation of performance or any obligation of best endeavor in relation to the functioning of the uKitchen website or Website and Android app. uKitchen shall under no circumstances be held responsible for any error, omission, interruption, deletion, neither for any fault, delay in operation or in transmission, theft or destruction or unauthorized action, nor for any alteration to communication with any user. uKitchen reserves the right to temporarily suspend access to its services for technical reasons or for maintenance without these operations giving any rights to any kind of compensation whatsoever.
2.8 We advise you to familiarize with the regulations, whether fiscal, administrative, or of any other nature, that may apply to you whether you are a Guest or a Host. You agree not to offer, give, or serve alcoholic drinks during a uKitchen Session except in accordance with the applicable regulations. Alcohol abuse is damaging to your health. Licensed premises are subject to specific regulations, the contravention of which is liable to criminal sanctions. You agree to respect any regulations governing the premises where a uKitchen Session takes place.
3.1 You may browse certain elements of our Service without creating an account. However, to access the booking functionality of our Service, you must set up an account on the Service (your "Account"). You can set up your Account using your Facebook login.
3.3 You must be of legal age and capable in your country of residence of entering into a legally binding agreement to use the service.
4.1 We make use of Pay U Money to provide the services of issuing, use and management of money. If you become a Host or Guest you are bound by the terms and conditions of Pay U Money. The creation of a Guest or Host account includes the creation of “Account” and the invoicing of the Host to Guest with payment known as a “Transaction” are defined in the terms and conditions of Pay U Money.
4.2 The Website and Android app requests your bank card details upon ordering from the relevant Host and meals selected. By using this Service you are confirming that your credit or debit card details are correct and sufficient funds are available to complete the purchase. Payments are made directly to uKitchen and are subsequently forwarded on to the relevant Host once uKitchen has deducted our usage fee and a successful transaction has taken place. Please take note that we take the utmost care in transfers and payments but mistakes do happen. If you feel you have an issue with regards to any payments or transfers send us an email immediately to [email protected]
4.3 uKitchen provides a convenient currency conversion service whereby each Host can display there meal prices in their countries respective currency. A Guest will then make a payment in the Hosts currency and converted according to current market rates and as stipulated in the Pay U Money terms and conditions. Please keep in mind when traveling abroad that some currency symbols are similar to others e.g. US $ and AUS $ and that the currency being used will have the value of the currency of that particular country.
4.4 More details can be found under the “How uKitchen payments work” section on the website or application.
5.1 In addition to the other requirements within these Terms of Service, this clause describes specific rules that apply to your use of the Service (the "Rules of Acceptable Use").
5.2 You must make sure the email address you provide in your Account details remains active and is checked by you on a regular basis.
5.3 When using the Service you must not:
(a) create more than one Account unless we agree otherwise;
(b) give any false or misleading information in your Account details;
(c) permit another person to use the Service under your name or on your behalf;
(d) use the Service if we have suspended or banned you from using it;
(e) leave any junk, spam or repetitive comments on the Service;
(f) engage in any illegal or unlawful conduct, including leaving defamatory comments or comments which otherwise breach another person's rights;
(g) modify, interfere, intercept, disrupt or hack the Service;
(h) unfairly or unlawfully interfere or manipulate any ratings system or user feedback system; or (i) submit or contribute any content without the permission of the content owner or otherwise infringe the copyright, trademark or other rights of third parties.
5.4 Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice):
(a) the immediate, temporary or permanent withdrawal of your right to use our Service;
(b) the immediate, temporary or permanent removal of any of your content available on the Service;
(c) the issuing of a warning to you;
(d) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(e) the disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
5.5 We may investigate any suspected breach of the Rules of Acceptable Use. During such investigation we may temporarily withdraw your right to use our Service or remove any comments you have posted without notice to you.
5.6 The responses described in clause 5.4 are not limited, and we may take any other action we reasonably deem appropriate.
5.7. Further obligations as a Guest (Refer to clause 16 for Host)
5.8 By entering another person’s home you will be entering their private space. You agree to respect your Host, their family members, other guests and their respective cultures by treating them in a non-discriminatory manner. At all times you are to respect the hospitality of the Host.
5.9 You agree not to interfere with Host’s property and respect any rules of the house. You also agree not to enter any area other than that that is designated for the uKitchen Service.
5.10 If you have any known allergens or are allergic to any food or drink whatsoever you are obligated to notify your Host via the in-web app or in-app email functionality. This icon can be found under any accepted bookings.
5.11 As part of the Host’s right of admission he or she determines the length of duration for each Session. Ultimately the Host has the final say on this duration. We shall not be held responsible for any transgression in this regard.
5.12 You acknowledge and accept that the fact of being a Guest brings with it certain risks and in particular, without this list being exhaustive, the risk that your Host and/or one of the other Guests might break or damage your property; the risk that your Host and/or one of the other Guests may be sick and infect you; the risk that that your Host and/or one of the other Guests may divulge and/or use personal information communicated to them by you, for purposes other than the uKitchen Service alone. uKitchen shall not under any circumstances be held responsible for such damage. You agree not to go to you Host’s home in the event that you may risk infecting your Host and/or other Guests and you accept that the amount requested by your Host and our Commission, including tax, shall not be refunded to you.
5.13 As a guest you acknowledge and accept that when making use of the “Pick-up” option on the uKitchen Website and Android app, you are responsible for arriving on time and collecting your meal/s from the respective Host. uKitchen will not be responsible for any issues that arise if you as a customer are late for your “Pick-up” and refunds will not be issued.
5.14 You acknowledge that if a booking is made and cancelled within the cancellation period set by the Host, refunds will not be issued to guests. Please ensure that as a guest, you check each uKitchen Host’s cancellation time.
6.1 The elements that make up the uKitchen Website and the Website and Android app and particularly its editorial content, graphics, applications, software, and its features, with the exception of User Content, (hereinafter referred to collectively as the “Website Content”), are the exclusive property of uKitchen and its rightful owners. Any reproduction, imitation, or insertion, either in whole or in part, of any of the elements of the Website Content belonging to uKitchen is strictly forbidden.
6.2 The Website and Website and Android App Content cannot be modified, copied, distributed, boxed, reproduced, downloaded, displayed, published, transmitted, or sold in any form whatsoever or by any means whatsoever, either in whole or in part.
6.3 You are authorized to use the uKitchen Website, Website and Android app and the Website Content under the conditions set out in this agreement. Any use of the uKitchen Website or of the Website Content other than that allowed in this agreement, or in contravention of applicable legislation or third party rights, is strictly forbidden.
6.4 You agree not to use the uKitchen Website, Website and Android app, Website Content, User Content, Contact Service or the other services offered by uKitchen:
– In an illegal manner or in a manner prejudicial to uKitchen, to other Users, or to third parties, or under conditions likely to damage, disable, overload, or alter the uKitchen Website or Website and Android app.
– To broadcast, publish, or store illicit content on the uKitchen Website or Website and Android app (hereinafter referred to as “Illicit Content”), in particular, without this list being exhaustive, content that is racist; anti-Semitic; discriminatory; paedophilic; inciting to violence, racial or ethnic hatred; malevolent; bigoted; vulgar; obscene; fraudulent; prejudicial; illegal; injurious; defamatory; infringes privacy or rights to an image; infringes rights to intellectual property; or that is in any other way reprehensible.
– To broadcast any element containing computer viruses or any code, file, or computer program designed to interrupt, destroy or limit the software, features, IT or telecommunication equipment.
– To offer products or services to Users of the uKitchen Website or Website and Android app other than uKitchen Services.
– To extract or collect email addresses or other information relating to Users, Hosts, and/or Guests for any other purpose than that of offering or participating in a uKitchen Session, and particularly, without this list being exhaustive, for commercial purposes, to send unsolicited communication, or for the purpose of the systematic collection of information.
In particular you agree not to use automatic scripts to collect information from the uKitchen Website or Website and Android app or to interact with the Contact Service or the uKitchen Website or Website and Android app.
6.5 Please inform us of any Illicit content or suspicious activity that you may be aware of at [email protected]
7.1 Please note that we provide the platform for a Host and a Guest to conveniently communicate with each other and transact between each other. The legal contract is between you and the Host and is subject to these terms and conditions. We are not the seller of any meals and have no control and do not give any commitment relating to the quality or safety of meals or the truth or accuracy of any picture or description of the meals on the service. Each Host is independently responsible for their own legal and regulatory compliance which may differ from region to region. Ultimately Hosts are responsible for the operation of their Kitchen and all compliance issues and issues arising from any meals ordered by you through our service.
7.2 In every case we will never be responsible for any loss or damage that is not reasonably foreseeable. This clause does not include or limit in any way uKitchen’s or the Host’s liability for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.
7.3 No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion.
7.4 It is recommend that every User making use of the uKitchen service have sufficient and relevant insurance for example health insurance as a Guest and household insurance as a Host (including health insurance).
8.1 Without prejudice to its right to make a claim against you and/or to demand compensation for damages, uKitchen reserves the right to withdraw your access to the uKitchen Website and Website and Android app, unilaterally and without prior notice if you are guilty of infringement of intellectual property rights or if you have published Illicit Content on the uKitchen website or Website and Android app.
8.2 If at any time you do not feel that you can agree to these Terms of Service or any changes made to the Terms of Service or the Service, you must immediately stop using the Service.
8.3 If you wish to end your use of the Service, please contact us at [email protected] from the email address linked to your Account and ask us to deactivate your Account. Or alternatively delete your account in the app by going into settings => delete account.
8.4 We may immediately end your use of the Service if you break the Rules of Acceptable Use, any other important rule(s), or any terms we set for accessing and using the Service including these Terms of Service.
8.5 We may also withdraw the Service. We will seek to provide you with reasonable notice of any decision we make to withdraw our Service.
8.6 If you or we end your use of the Service or we withdraw the Service as described in this clause, we may delete or modify any content you have submitted, your Account or any other information we hold about you. You will also lose any rights you have to use the Service or access our content or the content you have provided to us. We will not offer you compensation for any losses.
9.1 For any question relating to the uKitchen Website or Website and Android app you can contact us by the following means:
– By post: uKitchen Customer services P.O. Box 1640, Kloof, Durban 3640 – By email: [email protected]
10.1 This master agreement, contact service, other services offered by uKitchen on the uKitchen website, Website and Android app, and the use of the uKitchen website and Website and Android app are subject to South African and Indian laws.
10.2 Barring contrary applicable public order, any dispute between yourself and uKitchen in relation to this master agreement, the contact service, or other services offered by uKitchen on the uKitchen website, Website and Android app or use of the uKitchen website or Website and Android app will be subject to the geographical jurisdiction of competent courts within the jurisdiction of the court of appeal of Cape Town, South Africa.
10.3 Before undertaking legal action in the event of such a dispute, we would encourage you (although this is not compulsory) to contact our claims department in order to try to resolve the dispute amicably.
11.1 The current version of the Terms of Service contains the only terms and conditions that apply to our relationship with you. Older versions of the Terms of Service will no longer apply to our relationship and will be completely replaced by the current version.
11.2 We intend to rely on these Terms of Service as setting out the written terms of our agreement with you for the provision of the Service. If part of the Terms of Service cannot be enforced then the remainder of the Terms of Service will still apply to our relationship.
11.3 If you do not comply with these Terms of Service and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.
11.4 We may revise these Terms of Service from time to time but the most current version will always be at [http://www.uKitchenapp.com/terms/
11.5 Changes will usually occur because of new features being added to the Service, changes in the law or where we need to clarify our position on something.
11.6 We will try, where possible and reasonable, to contact you to let you know about any significant changes to any of the documents referred to in these Terms of Service. We may contact you through the Service (for example by asking you to accept the changes before you continue to use the Service) or by sending you an email.
15.4 Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice.
16.1 Appointment as Host
16.1.1 During the term of these Terms of Service, and for a period of six months following the termination of these Terms of Service, the Host shall not, whether itself or in conjunction with any other person, provide any food preparation, pick-up or delivery services via any other on-line ordering service or in any way which directly or indirectly competes with the business of uKitchen. If, during the period of these Terms of Service, the Host gains a Customer via a Booking, it may only supply services to that Customer via the Services.
16.1.2 The Host hereby appoints uKitchen as its exclusive agent to solicit orders, collect and process payments and deal with Customers on its behalf during the term of these Terms of Service. The Host acknowledges and agrees that, by accepting a Booking, it has formed a binding contract between itself and the Customer.
16.1.3 Nothing in these Terms of Service will create the relationship of partnership or employer and employee between uKitchen and the Host and no deductions will be made by uKitchen from the Gross Receipts in respect of income tax liabilities, National Insurance or similar contributions in relation to the provision of the Services.
16.1.4 The Chef will set the prices for the Host Services and display these (including VAT where applicable) on the Kitchen Profile. The Host agrees to pay the uKitchen commission of 8% on every transaction. This fee includes conversion costs & uKitchen running costs.
16.1.5 uKitchen will provide to the Host a monthly statement of account showing the calculation of Gross Receipts and payment to the Host during the relevant period. The Host will raise any questions or objections regarding such statement of account no later than [10 business days] following receipt of the statement.
16.1.6 The Kitchen’s profile will be available to the public and the Host shall be responsible for creating and maintaining its Kitchen profile which will contain details of the Host’s experience, current menus and prices. The Host will ensure that its menus contain a picture of each meal and nutritional information. If uKitchen deems a profile unacceptable we will attempt to get in touch with the Host but reserve the right to remove the profile from the uKitchen Service.
16.1.8 uKitchen will use its reasonable efforts to ensure that the website and Website and Android app is available to members of the public at all times, but shall have no responsibility or liability to Host or Guest in the event of any server or Website and Android app downtime or other unavailability.
16.1.9 You must maintain adequate public liability insurance, product liability insurance and, if the you employ any person other than as a business partner or its spouse, employer liability insurance and provide evidence of such insurances to uKitchen on request. Also maintain appropriate local authority registration as a food business (and provide a copy of the approval letter to uKitchen on request), this may include allowing access to and cooperate with the relevant local authority during any inspection of the Host’s premises and inform uKitchen as soon as reasonably practicable that any such inspection has taken place and the outcome.
16.1.10 As a Host you must source all necessary ingredients and other materials necessary for the provision of the Host Services and ensure that all ingredients are of the highest quality. And comply with all applicable laws and regulations as may affect the commencement and operation of the Host Services (including, without limitation, as relate to sales of goods and services to consumers, environmental health and food safety and hygiene) and shall obtain, renew and maintain all permits, certificates, licences or consents necessary and comply with all orders or directions made by any competent authority in connection with the business. The Host shall be liable to uKitchen for any losses or fines uKitchen suffers as a result of any breach by the Host of such laws or regulations.
16.1.11 As a Host, you must ensure that you set an appropriate cancellation time for guests. If a guest cancels before the cancellation period, uKitchen will not be held liable for any costs spent on the purchasing of ingredients in order to cook the meal/s.
16.2.1 uKitchen is the owner of or the licensee of all intellectual property rights in the Service. These works are protected by copyright and other laws and treaties around the world. All such rights are reserved.
16.2.2 Subject to the provisions of these Terms of Service, uKitchen hereby grants to the Host a non-exclusive, non-transferable, limited licence for the term of these Terms of Service without the right to sub license to use the System for the purpose of provision of the Host Services.
16.2.3 The Host shall only use (and shall ensure that its employees and subcontractors (if any) only use the System as permitted by these Terms of Service for the purposes of the provision of the Services, and for no other purposes whatsoever.
16.2.4 The Host shall use the Trade Marks without alteration or modification and shall use the Trade Marks only in such form as are actually supplied by uKitchen to the Chef or have been previously approved in writing by uKitchen. The Host shall not use the Trade Marks in any way which would tend to allow them lose their distinctiveness, become liable to mislead the public, or be materially detrimental to or inconsistent with the goodwill, reputation and image of uKitchen. The Host shall not adopt or use any trade mark, symbol, device or domain name which incorporates or is confusingly similar to, the Trade Marks.
16.2.5 The Host acknowledges that, with the exception of the information uploaded by the Host to its Kitchen profile, the goodwill and all Intellectual Property Rights other rights in and associated with the System will remain the absolute property of uKitchen.
16.2.6 The Host grants to uKitchen an exclusive, worldwide, perpetual, and royalty free licence to use the information it uploads to the Kitchen profile in connection with the System, including, without limitation, for the purpose of marketing the Website and app and the Chef Services. The Host will not use any such information for any purpose other than provision of the Host Services, without the prior consent of uKitchen (not to be unreasonably withheld).
16.2.7 The Host grants to uKitchen a non-exclusive, worldwide, perpetual, royalty free and irrevocable licence to use the Host’s name, image and any or all of the Host’s recipes and images of the meals prepared in by the Host pursuant to these Host Terms of Service in any and all media, including, without limitation, any Host printed publications and the Website either in its original format or modified in any way which uKitchen deems appropriate. The Host waives all moral rights in respect of the use to be made of the Host’s recipes and images of the meals prepared in by the Host (pursuant to these Terms of Service) to which the Host is now entitled or may become entitled to in the future, in any part of the world.
16.2.8 The Host shall not grant or purport to grant any sub-licence of the rights granted under these Terms of Service without the prior written consent of uKitchen.
16.2.9 The Host acknowledges that the System and all the information and data supplied by uKitchen concerning the System, and other information contained in any documentation provided, from time to time, to the Host are the exclusive property of uKitchen and are therefore strictly confidential. The Host shall not, without the consent of uKitchen (save as required by law or expressly provided by these Terms of Service), disclose any such information to third parties or use it for any purpose other than for the proper provision of the Services, and shall ensure that its employees and sub-contractors (if any) shall do the same.
16.3.1 Each party may be given access to Confidential Information from the other party in order to perform its obligations under these Terms of Service. A party’s Confidential Information shall not be deemed to include information that:
(a) is or becomes publicly known other than through any act or omission of the receiving party;
(b) was in the other party’s lawful possession before the disclosure;
(c) is lawfully disclosed to the receiving party by a third party without restriction on disclosure;
(d) is independently developed by the receiving party, which independent development can be shown by written evidence; or
(e) is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.
16.3.2 Each party shall hold the other’s Confidential Information in confidence and, unless required by law, not make the other’s Confidential Information available for use for any purpose other than as needed to perform these Terms of Service.
16.3.3 Each party shall take all reasonable steps to ensure that the other party’s Confidential Information to which it has access is not disclosed or distributed by it or its employees, sub-contractors or agents (if any) in violation of these Terms of Service.
16.3.4 Each party shall take a back-up of its own Confidential Information and shall not be responsible to the other for any loss, destruction, alteration or disclosure of Confidential Information.
16.4.1 uKitchen may terminate these Terms of Service with the Host immediately if the Host:
(a) breaches the terms of these Terms of Service;
(c) fails to comply with any relevant food safety or consumer protection law or regulation;
(d) causes uKitchen to suffer damage to its goodwill or reputation; or
(e) fails any Quality Inspection.
16.5.1 Subject to clause 16.5.2, uKitchen will not be liable to the Host for losses that result from its failure to comply with these Terms of Service, tort (including negligence) or otherwise in conditions that fall into the following categories: loss of income or revenue; loss of business; loss of profits; loss of anticipated savings; or any indirect, consequential or special damages, costs or expenses.
16.5.2 Nothing in these Terms of Service excludes or limits uKitchen’s liability for death or personal injury caused by uKitchen’s negligence or for fraud or fraudulent misrepresentation.
16.5.3 uKitchen's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of these Terms of Service shall in all circumstances be limited to the Commission received from the Host by uKitchen in the six months prior to the event giving rise to the claim.
16.5.4 Subject to clause 16.5.5, you shall indemnify and defend uKitchen, its agents and contractors from and against any and all losses, damages, claims, liabilities or expenses (including reasonable lawyer’s fees) arising out of a claim brought by a third party relating to your use of the Service and provision of the Services.
16.5.5 No party shall be liable to the other for any delay or non-performance of its obligations under these Terms of Service arising from any cause beyond its control including, without limitation, any of the following: telecommunications failure, internet failure, act of God, governmental act, war, fire, flood, explosion or civil commotion.
16.7.1 Applicable law may require that some of the information or communications uKitchen sends to you should be in writing. When using the Service, you accept that communication with uKitchen will be mainly electronic. uKitchen will contact you by e-mail or provide you with information by posting notices on the Service. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that uKitchen provides to you electronically comply with any legal requirement that such communications be in writing.
16.7.2 All notices given by you to uKitchen must be given to [email protected] uKitchen may give notice to you at either the e-mail or postal address you provide to uKitchen, or any other way uKitchen deems appropriate. Notice will be deemed received and properly served immediately when posted on the Service or 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
16.7.3 You may not transfer, assign, charge or otherwise deal in these Terms of Service, or any of your rights or obligations arising under these Terms of Service, without uKitchen’s prior written consent.
16.7.4 No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach.
16.7.5 If any provision of these Terms of Service is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.
16.7.6 uKitchen has the right to revise and amend these Terms of Service from time to time to reflect changes in the Service or market conditions affecting uKitchen’s business. uKitchen will use reasonable endeavours to notify you of any material changes to these Terms of Service by email or by the placement of a notice on the Service. You will be subject to the Terms of Service in force at the time that you make use of the Service, or if uKitchen notifies you of changes to these Terms of Service and you continue to use the Service you will be subject to those changes.
16.7.7 A person who is not party to these Terms of Service shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
16.7.8 These Terms of Service shall be governed by and construed in accordance with South African & Indian law and each party hereby submits to the exclusive jurisdiction of the South African & Indian courts.