PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR USE ANY OF OUR SERVICES. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE. THIS NOTICE IS ISSUED BY KAFÉVEND GROUP LIMITED (“THE COMPANY”). 

1 Introduction

1.1 Any agreement between you and the Company relating to the supply of goods or services by the Company to you (“Supply Agreement”) shall, in the event of the terms of the Supply Agreement being inconsistent with this Agreement, take precedence over this Agreement.

1.2 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register. If you wish to register and place an order please contact Kafévend Group Limited on 0870 600 8181or use the “Contact Us” section on this Website and the Company will provide you with the relevant documentation to register.

1.3 By accessing any part of this Website, you shall be deemed to have accepted this Agreement in full. If you do not accept this Agreement in full, you must leave this Website immediately. 

1.4 The Company may revise this Agreement at any time by updating this posting. You should check this Website from time to time to review the then current Agreement, because it is binding on you. Certain provisions of this Agreement may be superseded by expressly designated legal notices, agreements or terms located on particular pages at this Website. 

2 Licence & Copyright

2.1 You may not copy, reproduce, republish, download, post, broadcast, transmit or otherwise use the Website content or information in any way. Any use of the Website content requires the prior written permission of the Company.

2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this Agreement, any use of extracts from this Website other than in accordance with paragraph 2.1 above for any purpose are prohibited. If you breach any of the terms in this Agreement, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

2.3 No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission. 

2.4 Any rights not expressly granted in these terms are reserved. 

3 Service access

3.1 While the Company endeavours to ensure that this Website is normally available 24 hours a day, the Company will not be liable if for any reason this Website is unavailable at any time or for any period. 

3.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control. 

4 Visitor material and conduct

4.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. The Company will have no obligations with respect to such material. The Company and its designees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. 

4.2 You are prohibited from posting or transmitting to or from this Website any material:

4.3 You are prohibited from attempting to gain unauthorised access to any material available on or via the Website or to any of the networks used in providing the Website.

4.4 You are prohibited in any way from assigning, transferring, parting with and/or authorising any other person to use, your registration details and password if you are registered with the Company.

4.5 You may not misuse the Website (including, without limitation, by hacking). 

4.6 The Company will fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of paragraphs 4.2 or 4.5.

5 Links to and from other websites

5.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them and you must satisfy yourself that any goods or services referred to thereon are suitable for your requirements. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

5.2 The Company cannot accept any liability in respect of the use of these websites.

5.3 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:

5.4 The Company expressly reserves the right to revoke the right granted in paragraph 5.3 as it deems fit and to take any action it deems appropriate.

5.5 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of paragraph 5.3.

6 Registration & Security

6.1 Each registration with the Company is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.

6.2 Responsibility for the security of any username and passwords issued rests with you. 

6.3 You should protect against unauthorized access to your computer and ensure that you sign off when you finish using a shared computer.

6.4 You must notify the Company immediately of any apparent breach of security such as loss, theft, or unauthorised disclosure or use of a username or password and in such cases you should immediately contact the Company to amend your password and username.

6.5 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of paragraph 6.

7 Disclaimer

7.1 While the Company endeavours to ensure that the information on this Website is correct, the Company does not warrant the accuracy and completeness of the material on this Website. The Company may make changes to the material on this Website, or to the products and, if applicable, the prices described in it, at any time without notice. The material on this Website may be out of date, and the Company makes no commitment to update such material.  You rely on it at your own risk.

7.2 The material on this Website is provided “as is” and the Company does not make or give any guarantees, endorsements, representations, conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with this Website on the basis that the Company excludes and disclaims all representations, warranties, conditions, duties and other terms (including, without limitation, any express or statutory warranties and any conditions or warranties whether they are implied or not by law of satisfactory quality, non-infringement, compatibility, security, merchantability, accuracy, fitness for particular purpose, timeliness, conditions of completeness, performance, availability, lack of negligence or of workmanlike effort and the use of reasonable care and skill or any implied warranty arising from course of dealing or usage or trade) which but for this Agreement might have effect in relation to this Website.

7.3 The Company does not warrant that the Website will meet your requirements and/or expectations or that the Website or functions contained in the Website content will be timely, uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available represent the full functionality, accuracy or reliability of the Website or is free of infection by viruses or bugs or anything else that has contaminating or destructive properties. 

8 LIMITATION OF THE COMPANY’S LIABILITY

8.1 For the purpose of this clause 8 and any other section of the Agreement which seeks to limit the Company’s liability, the ‘Company’ includes, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of the Company’s group companies and the officers, directors, employees, consultants, shareholders or agents of any of them or any persons engaged by the Company.

8.2 Nothing in this Agreement shall exclude or in any way limit the Company’s liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) fraudulent or negligent misrepresentation; or (iv) any liability which cannot be excluded or limited under applicable law. Subject to this but including any liability arising under any indemnity under this Agreement you agree that:

8.2.1     the Company’s maximum aggregate liability and responsibility for any amount or kind of loss or damage, which has not been excluded or limited pursuant to this clause 8, that you or any third party incur out of, in relation to or in connection with this Agreement or your use of the Website in any way, whether as a result of a failure, act or omission or whether in contract, negligence, breach of duty or other tortious action or for pre-contract or other representations whether or not such loss or damage is foreseeable or known, is as follows: -
8.2.1.1  if you are registered, your remedy is limited to the direct damages you actually incur arising out of your use of the Website, which is subject to a limit equal to £500. You may at your option receive paid for services from the Company at no cost up to the equivalent value of this limit in place of monetary damages. 
8.2.1.2  if you have not registered with the Company, then to the extent we cannot remedy the relevant fault in the Website, your remedy is limited to receiving paid for services from the Company at no cost up to the value of the direct damages you actually incur arising out of your use of the Website which is subject to a limit equal to the amount paid by you to the Company, if any, £250. to access this Website. You may not receive monetary damages. 
8.2.2     in addition to but separate from the exclusions and limitations in clauses 8.2.1 and clause 8.3 and to the full extent allowed by applicable law, the Company will not be liable, whether as a result of a failure, act or omission or whether in contract, negligence, breach of duty or other tortious action or for pre-contract or other representations or in any other way, for any amount or kind of loss or damage that you or any third party incur which are not a direct consequence of your use of the Website including without limitation any indirect, special, consequential, incidental, punitive or exemplary losses or damages, damages arising from use or loss of use, business interruption, any economic losses (including without limitation loss of revenues, profits, actual or anticipated income, contracts, business or anticipated savings) or loss of privacy or use of money or loss of or damage to information, data, goodwill or reputation of any amount or kind whatsoever that arise out of, are related to or are in connection with this Agreement or your use of the Website and whether or not such loss or damage is foreseeable or known.
8.3        If a court of competent jurisdiction determines that any of the above limits or exclusions on the Company’s liability are unenforceable, then you agree that in any event our total liability to you shall not exceed damages or losses greater than twice the amount paid by you to the Company, if any, £800 to access this Website.
8.4        If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof. 
8.5        We shall have no liability for any defect in the Website caused or contributed to by you and/or any other person using the Website.

8.6        You shall give the Company a reasonable opportunity to remedy any matter for which we are liable before you incur any costs and/or expenses in remedying the matter. If you do not do so the Company shall have no liability to you.

8.7        You shall be under a duty to mitigate any loss, damage, costs or expenses that you may suffer and you shall produce to the Company written evidence of any claims for which it is alleged that the Company is liable together with written details of how any loss was caused by the Company and the steps you have taken to mitigate the loss before the Company shall have any liability for a claim by you.
8.8        The Company shall have no liability to you to the extent that you are covered by any policy of insurance and you shall ensure that your insurers waive any and all rights of subrogation they may have against the Company.
8.9        It is possible for other users of the Website to obtain and misuse information about you as a result of your use of the Website. The Company shall have no liability to you arising out of any users misuse of information.

8.10      The Company shall have no liability to you for any delay in performance of this Website and/or any other matters to the extent that such events and/or matters are due to any events outside the Company’s reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.

9 Governing law and jurisdiction

This Agreement shall be governed by and construed in accordance with English law. Disputes arising in connection with this Agreement shall be subject to the exclusive jurisdiction of the English courts.

Issue Date: 13th February 2009
Russell Bridge
Flaviastore
Kafévend Group Limited
65 Gatwick Road
Crawley
Sussex RH10 9RH

Email   rbridge@kafevend.org
Tel       01293 523 222
Fax      01293 533 357

Kafévend is registered in the UK number 2693919.