Terms and Conditions- Homemade food, corporate catering, and refreshments across Staffordshire and Stoke-on-trent

Terms & Conditions

ANY PERSON OR ENTITY ("User") ACCESSING THE SECRET KITCHEN WEB SITE (the "Site" or "Service") OR ANY OF THE INFORMATION CONTAINED HEREIN AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS:

This Agreement is a legal agreement between the User and The Secret Kitchen for the use of The Secret Kitchen web site and all web services provided by The Secret Kitchen. These services include computer software, data storage mechanisms, databases and related designs, printed materials, and online or electronic documentation (Software Application Services, Application Services, or Software). By using the website and/or Software Application Services, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not authorized to use the website or any Software Application Services provided by The Secret Kitchen.

1. USER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not The Secret Kitchen, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Under no circumstances will The Secret Kitchen be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with any Secret Kitchen-operated web site in any manner. If User in any way Interferes with any Secret Kitchen-operated web site, User agrees to pay all damages incurred by The Secret Kitchen, including any consequential damages, and agrees that the measure of hard to determine damages will be the highest estimate of damages as provided by The Secret Kitchen. User's Interference with any Secret Kitchen-operated web site relieves The Secret Kitchen of any of its contractual or other legal obligations to User, including The Secret Kitchen's obligations under its Privacy Policy. The Secret Kitchen will cooperate with the authorities in prosecuting any User who Interferes with any Secret Kitchen-operated web site, attempts to defraud The Secret Kitchen, or attempts to defraud credit card companies or any other parties through User's use of any Secret Kitchen-operated web site or services.

You agree to not use the Service to:

upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a Secret Kitchen official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law, any rules of any national or other securities exchange, and any regulations having the force of law;

Violation of any of the items in this Section relieves The Secret Kitchen of any of its contractual or other legal obligations to User, including The Secret Kitchen's obligations under its Privacy Policy.

The Secret Kitchen reserves the right to refuse any or all service to any User for any reason, at any time, at The Secret Kitchen's sole discretion. User agrees that The Secret Kitchen may block its IP address or addresses at any time, and at The Secret Kitchen's sole discretion, thereby disallowing User's continued use of any Secret Kitchen-operated web site.

2. MODIFICATIONS TO SERVICE.

The Secret Kitchen reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that The Secret Kitchen shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

You agree that The Secret Kitchen has no responsibility or liability for the deletion or failure to store any data or other Content maintained or transmitted by the Service. You further acknowledge that The Secret Kitchen reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

3. ONLINE ORDERS.

All orders placed online via the Site are deemed PROVISIONAL only until confirmed by a member of the Secret Kitchen team, and the Secret Kitchen will not be liable for any costs or damages arising from unconfirmed order quotations.

Any cost quotation may be subject to variation at any point prior to confirmation, and items quoted may subsequently deemed unavailable. All changes to order MUST be confirmed directly with the Secret Kitchen team.

Delivery dates are provisional until confirmed by a member of the Secret Kitchen team.

4. COPYRIGHTS.

All title and copyrights in and to the Software used to operate this Site are owned by The Secret Kitchen.

All title and intellectual property rights in and to the content which may be accessed via this Site are the property of the respective content owner and also may be protected by applicable copyright or other intellectual property laws and treaties.

5. LINKS TO THIRD PARTIES.

The Secret Kitchen makes no claims or representations about any Web Site not under The Secret Kitchen's control that a User may access from The Secret Kitchen's web site- by link, frame, or any other means ("Linked Site"). Any link, frame, or any other means to access any Linked Site provided by The Secret Kitchen or otherwise on any Secret Kitchen-operated web site does not constitute The Secret Kitchen's endorsement, recommendation, or acceptance of any responsibility for the content of that Linked Site or the operators of that Linked Site.

LIABILITY DISCLAIMER.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SECRET KITCHEN SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SECRET KITCHEN SITES/SERVICES AND TO THE INFORMATION THEREIN. THE SECRET KITCHEN AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SECRET KITCHEN SITES/SERVICES AT ANY TIME.

THE SECRET KITCHEN AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE SECRET KITCHEN SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE SECRET KITCHEN AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT THE SECRET KITCHEN SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SECRET KITCHEN SITE/SERVICE. YOU SPECIFICALLY AGREE THAT THE SECRET KITCHEN IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT IDL IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE SECRET KITCHEN SITE/SERVICE BY ANY THIRD PARTY.

IN NO EVENT SHALL THE SECRET KITCHEN AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SECRET KITCHEN SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE SECRET KITCHEN SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SECRET KITCHEN SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SECRET KITCHEN SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF IDL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SECRET KITCHEN SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SECRET KITCHEN SITES/SERVICES.

If for any reason a court of competent jurisdiction finds any provision or portion of the Terms & Conditions to be unenforceable, the remainder of the Terms & Conditions will continue in full force and effect.

These Terms & Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms & Conditions will be effective only if in writing and signed by an authorised member of the Secret Kitchen team.