Terms & Conditions

CookKin Terms and Conditions We provide a private digital platform designed to help users share recipes, cooking videos, food stories and culinary experiences with their invited connections (Services), as set out in more detail on our website (Site). In these Terms, when we say you or your, we mean you as an individual if you are accepting these Terms for yourself. If you are accepting these Terms on behalf of an entity (such as your employer) and you are authorised to do so, then you or your means that entity. When we say we, us, or our, we mean CookKin Ltd, a company registered in England and Wales with company number 16921787. Our contact details: Phone number: [insert] Geographical address: 90-92 High Street, Evesham, Worcestershire, England, WR11 4EU Email address: support@cookkin.com. These terms and conditions (Terms) form our contract with you, and set out our obligations as a service provider and your obligations as a customer. We will provide the Services to you in accordance with these Terms and all applicable law. Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms. Your right to change your mind The following applies only where your use of the Services is as a ‘consumer’ under the Consumer Rights Act 2015: • Except as set out below, you have the right to cancel your purchase of the Services, and receive a full refund of the Fees, without giving any reason, any time up to 14 days after the day you accept these Terms (Cancellation Period). • When you don't have the right to change your mind: We agree not to provide the Services to you during the Cancellation Period, unless you make an express request for us to do so. You acknowledge and agree that after you have accepted these Terms, if you instruct us to provide you with the Services (including by logging into or downloading the Services) during the Cancellation Period, this will be taken to be an express request by you, and you will lose your right to cancel. • Tell us you want to cancel these Terms: If you want to cancel or terminate these Terms in accordance with this clause, you should contact us using the contact details set out at the start of these Terms. • When your refund will be made: We will refund you 14 days of you telling us you have changed your mind. • Engagement and Term • These Terms apply from the time you agree to these Terms, until the date these Terms are terminated in accordance with their Terms (Term). • Subject to your compliance with these Terms, we will provide you with access to the Services. • Where we require access to your premises or computer systems in order to provide the Services, you agree to provide us with such access free from risk to the safety of our employees and contractors. • We will not be responsible for any other services unless expressly set out in these Terms or on our Site. • If we provide you with access to any new or beta services, you acknowledge that because of the developmental nature of such services, you use them at your own risk and we have no obligation to maintain or provide error corrections. Any new or beta services we provide you with access to are for evaluation purposes only and not for production use, and we may discontinue those services at any time at our sole discretion. • Where you engage third parties to operate alongside the Services (for example, any third-party software systems you wish to integrate with the Services), those third parties are independent of us and you are responsible for (meaning we will not be liable for) the goods or services they provide, unless we expressly agree otherwise. • We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Services after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you should cease using the Services. If you have paid upfront for recurring access to any of the Services (excluding one-time purchases) and you would like to cancel them, please contact us in writing within 30 days of receiving notice to cancel that recurring access and we will issue you a pro-rata refund for such Services. • Account • You must sign up for an Account in order to access and use the Services. • While you have an Account with us, you agree to: • keep your information up-to-date (and ensure it remains true, accurate and complete); • keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and • notify us if you become aware of, or have reason to suspect, any unauthorised access to your Account or any logins linked to your Account. • If you close your Account, you will lose access to the Services. • Fees • You may choose to purchase Services from us, as set out on our Site (Paid Services). Paid Services may include one-time purchases or recurring Services. You must pay all amounts due under these Terms in accordance with these Terms or as set out on our Site (as applicable). • We may offer free trials for certain Paid Services. At the end of the free trial, you will either begin to be charged for the Paid Service or lose access to it (unless you sign up to it as a Paid Service), as specified in the trial offer you sign up to. • Details of our Paid Services, including features, limitations, fees and billing cycles (for recurring Services) are set out on our Site. For recurring Services, you will be billed on a regular basis, as set out on our Site, at the beginning of each billing cycle. All other Paid Services must be paid for at the time you order the Service. • You may upgrade or downgrade any recurring Services at any time through your Account. Changes to your recurring Services will take effect as follows: • Upgrades: You will gain access to the upgraded tier immediately. You will be charged the new higher membership fee and will gain immediate access to the upgraded tier's features. You will retain access to your previous tier for the Service Term you have already paid for until the Service Term expires. You will not receive a refund or credit for any unused portion of your previous tier. • Downgrades: You will gain access to the downgraded tier immediately. and you will be charged the new membership fee from that date. The new lower membership fee will apply from your next billing cycle. You will retain access to your current tier's features until the end of your current Service Term, at which point you will be moved to the downgraded tier. • Cancellation: All recurring Services continue for the agreed Service term (that you selected when purchasing the Service) (Service Term). You may cancel your recurring Services at any time through your Account or by contacting us using the details set out at the start of these Terms. • If you cancel during a Service Term, your cancellation will take effect immediately and no further payments will be taken. You will retain access to the Services for the period you have already paid for (as set out in your Account). For the avoidance of doubt, you are not entitled to a refund for any amounts that have been paid for the Paid Services. • At the end of each Service Term, provided you have paid all fees owing and you have not cancelled, your recurring Services will be automatically renewed for the same term (monthly or annually, as applicable).Our payments methods will be set out at the time you purchase the Services. If you choose to pay your fees using one of our third-party payment processors, you may need to accept their terms and conditions (if this is the case, these will be set out at the time you make payment). • You must not pay, or attempt to pay, any fees due under these Terms or as a result of your use of the Services by fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card holder. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third-party payment processor to debit your bank account, and you confirm that you are either the holder or an authorised signatory of that bank account. • If any fees due under these Terms or as a result of your use of the Services are not paid on time, we may: • suspend your access to the Services; and • charge interest at a rate equal to the Bank of England’s base rate, from time to time, plus 4% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the relevant due date in accordance with the payment terms. • You are responsible for paying any levies or taxes associated with your use of the Services, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf). • For non-business customers, we will display the price including all fees, taxes and additional amounts to be paid. • Licence • During the Term, we grant you a right to use our basic Services in accordance with these Terms. This right cannot be passed on or transferred to any other person. • When you purchase our Paid Services, your access rights will vary based on the type of service. For one-time purchases, we grant you the right to access the purchased Service until the earlier of the specified duration of access, the termination of these Terms or your cancellation of the specific Service. For recurring services, we grant you a right to access the relevant Services only for the duration that you continue to pay for the Service, subject to these Terms. These rights cannot be passed on or transferred to any other person. • You must not: • access or use the Services in any way that is improper or breaches any laws, infringes any person's rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability; • interfere with or interrupt the supply of the Services, or any other person’s access to or use of the Services; • introduce any viruses or other malicious software code into the Services; • use any unauthorised or modified version of the Services, including for the purpose of building similar or competitive software or for the purpose of obtaining unauthorised access to the Services; • attempt to access any data or log into any server or account that you are not expressly authorised to access; • use the Services in any way that involves service bureau use, outsourcing, renting, reselling, sublicensing, concurrent use of a single user login, or time-sharing; • access or use the Services to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted, or that promotes, facilitates or depicts illegal activity. • circumvent user authentication or security of any of our networks, accounts or hosts or those of any third party; or • access or use the Services to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted. • We reserve the right to report any suspected criminal activity or breach of these Terms to relevant authorities. You acknowledge that we may disclose your information and User Content to law enforcement or regulatory authorities when required by law or when lawfully requested to do so. • Consumer Cancellation Right • This clause 5 applies to the extent that you purchase Services from us as a “consumer”, as defined in the Consumer Rights Act 2015. You expressly agree to this information being provided in digital form, rather than on paper. • Subject to clause 5.3, you may cancel the Services within 14 days of your acceptance of these Terms (Cancellation Period). • Unless you expressly request us to commence the provision of the Services during the Cancellation Period, we will not commence the provision of the Services during the Cancellation Period. Where you expressly request us to commence the provision of the Services during the Cancellation Period, you will lose your right to cancel the Services if the relevant Services are fully performed by us. • If you exercise your right to cancel the Services under this clause 5, you will be liable to pay to us an amount for the relevant Services supplied up to when you inform us that you intend to cancel the Services, which will be proportionate to the full Price for the relevant Services for the Term. • If you want to cancel the Services, you should email support@cookkin.com, and you may use the Model Cancellation Form below: To CookKin Ltd, 90-92 High Street, Evesham, Worcestershire, England, WR11 4EU (Email: support@cookkin.com), I/We hereby give notice that I/We cancel my/our contract for the supply of the following services: _______________________________________________________________________________. Ordered on/received on: ___________________________. Name: ___________________________. Address: _________________________________________________. Signature: ___________________________. Date: _________________. • Subject to clause 5.3, where you have paid any fees upfront and have cancelled the Services in accordance with this clause 5, we will provide you with a refund of the amount paid to us within 14 days of you telling us that you have changed your mind. • Availability, Disruption and Downtime • While we strive to always make the Services available to you, we do not make any promises that these will be available 100% of the time. The Services may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance. • The Services may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties. • We will try to provide you with reasonable notice, where possible, of any disruptions to your access to the Services. • Intellectual Property and Data • We own all intellectual property rights in the Services. This includes how the Services look and function, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on the Services. • We own or have licenses to all content displayed on the Services (Content). You do not have any ownership rights in any Content on the Services. Subject to your compliance with these Terms, we grant you a non-exclusive, revocable, non-sublicensable and non-transferable licence to view and download the Content, solely for your own personal use. • You retain all intellectual property rights and ownership in any content you upload to the Services (User Content), including recipes, videos, images, text and other materials, but excluding any of our intellectual property, Content, branding, logos or other materials owned by us. However, by uploading User Content to the Services, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your User Content in connection with operating, providing, improving and promoting the Services. This includes the right to use your User Content to train and improve our AI and machine learning systems. • You must not, unless expressly authorised by us or these Terms: • circumvent or disable any content protection system or technical protection measure used in the Services or the Content; • copy or modify, in whole or in part, any of the Content; • reproduce, retransmit, distribute, disseminate, sell, publish broadcast or otherwise commercialise the Content to any third party; or • breach, or allow any third party to breach, any intellectual property rights in the Content. • We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions. • When you use the Services, we may create anonymised statistical data from your usage of the Services (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve the Services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make your data or identity identifiable. • This clause 7 will survive the termination or expiry of these Terms. • Use of Artificial Intelligence • The Services utilise artificial intelligence (AI) and machine learning technologies to process, translate and structure content uploaded by users. You acknowledge that: • AI-processed outputs may vary in accuracy and should be reviewed before relying on them; • the Services are designed to assist with content processing and recipe structuring whilst preserving cultural authenticity, but do not replace your own judgment and creativity; • we may improve our AI models over time, which may result in changes to how the Services function; and • by uploading content to the Services, you agree that your content may be used to train and improve our automation and AI systems to develop and enhance the platform for all users. • You must not create, upload or share any content that has been generated by AI tools. Uploading AI-generated content is a violation of these Terms and may result in suspension or termination of your access to the Services. • You should not submit any sensitive personal data through the Services. Whilst we take reasonable steps to protect data processed through our AI systems, we cannot guarantee that all personal data will be redacted or protected when processed by AI technologies. • Confidential Information and Personal Data • While using the Services, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information. This also means making sure that any employees, contractors, professional advisors or agents of ours or yours only have access to confidential information on a ‘need-to-know basis’ (in other words, the disclosure is absolutely necessary), and that they also agree to not misuse or disclose such confidential information. • However, either you or we may share confidential information with legal or regulatory authorities if required by law to do so. • We collect, hold and disclose and use any personal data you provide to us in accordance with our privacy policy, available on the Site, and applicable privacy laws. • You must only disclose personal data to us if you have the right to do so (such as having the individual’s express consent). • We may need to disclose personal data to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors). • Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us. • This clause 9 will survive the termination or expiry of these Terms. • Liability • Nothing in these Terms limits any liability which cannot legally be limited, including Liability for: • death or personal injury caused by negligence; and • fraud or fraudulent misrepresentation. • This clause applies to the extent that the Services are considered digital content and you are a ‘consumer’ under the Consumer Rights Act 2015. If the Services are defective and this damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. • Subject to the clauses above, to the maximum extent permitted by law, we will not be liable for any Liability caused or contributed to by, arising from or in connection with: • your computing environment (for example, your hardware, software, information technology and telecommunications services and systems); or • any use of the Services by a person or entity other than you. • Subject to the clauses above, but despite anything else to the contrary in these Terms, to the maximum extent permitted by law: if you are not a ‘consumer’ as defined in the Consumer Rights Act 2015, neither Party will be liable for Consequential Loss; if you are a ‘consumer’ as defined in the Consumer Rights Act 2015, and you use the Services for any commercial, business or re-sale purpose, we will have no Liability to you for any loss of profit, loss of business, loss of data, business interruption, or loss of business opportunity; a Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel), including any failure by that other Party to mitigate its loss; and our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to the amount of any fees paid by you to us, or if you have not paid for the Service, to £1,000. • This clause 10 will survive the termination or expiry of these Terms. • Notice Regarding Apple • To the extent that you are using or accessing the Services on an iOS device through a mobile application from the Apple App Store, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Services and any content available on the Services. You may also access the Services via the Google Play Store. • Apple has no obligation to furnish you with any maintenance and support services with respect to the Services. • If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility. • Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to: (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. • Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights. • You agree to comply with any applicable third-party terms when using our mobile application. • Apple and Apple subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. • You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties. • Suspension and Termination • Suspension • We may suspend your access to the Services where we reasonably believe there has been any unauthorised access to or use of the Services (such as the unauthorised sharing of login details for the Services). If we suspend your access to the Services, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate these Terms and your access to the Services will end. • Termination • We may terminate these Terms (meaning you will lose access to the Services, and any recurring Services will be cancelled) if: • you fail to pay your fees when they are due; • you breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach; • you breach these Terms and that breach cannot be remedied; • you experience an insolvency event (including bankruptcy, receivership, administration, liquidation, or entering into creditors’ schemes of arrangement). • You may terminate these Terms if: • we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or • we breach these Terms and that breach cannot be remedied, and if you have paid fees for recurring Services upfront, you will be issued a pro-rata refund of any unused part of those fees based on the portion of the then-current Services period remaining. • You may also terminate these Terms at any time by notifying us through your Account or to our email for notices (as set out in clause 13.9), and if you have purchased any recurring services, termination will take effect at the end of your current Services period. • Termination of these Terms will not affect any other rights or liabilities that we or you may have. • This clause 12 will survive the termination or expiry of these Terms. • General • Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party. • Complaints and Feedback: We are always looking to improve our services and products. If you have any feedback or a complaint, please notify us on our contact details set out in these Terms and we will take reasonable steps to address any concerns you have. • Contracts (Rights of Third Parties) Act 1999: Notwithstanding any other provision of these Terms, nothing in these Terms confers or is intended to confer any right to enforce any of its terms on any person who is not a party to it. • Disputes: A Party may not commence court proceedings relating to any dispute arising from, or in connection with, these Terms (Dispute) without first meeting a representative of the other Party within 14 days of notifying that other Party of the Dispute. If the Parties cannot resolve the Dispute at that meeting, either Party may refer the Dispute to mediation administered by The Centre for Effective Dispute Resolution. • Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including the Services), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control. • Governing law: These Terms are governed by the laws of England and Wales and both parties submit to the exclusive jurisdiction of the courts operating in England and Wales. • Illegal Requests: We reserve the right to refuse any request for or in relation to the Services that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms. • Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you. • Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice we send to you will be sent to the email address registered against your Account. • Privacy: We will apply with all applicable data protection laws, and your personal data will be handled in accordance with our privacy policy (available on our website). • Professional Services Disclaimer: The Services do not constitute, and are not a substitute for, financial, legal or risk management advice. • Definitions In these Terms: Account means an account accessible to the individual or entity who signed up to the Services. Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise. Services means the services we provide to you, as detailed at the beginning of these Terms.