Last updated:July 26th, 2018
Please read these Terms carefully before accessing and using the Site. Our relationship is subject to these Terms and they impose certain responsibilities upon you and they exclude and limit our liability to you in the event of loss or damage (see clause 15 and 18).
You expressly accept that we will start providing you this service within your 14-day cancellation period.
1.INFORMATION ABOUT US AND HOW TO CONTACT US
a.Who we are. We are COFFEE SILHOUETTE SOLUTIONS LTD, whose registered company number is 11437464. Our registered office is 21 Mirabel Road, SW6 7EQ, London, UK.
b.How to contact us. You can contact us by telephoning us on (0)7760316869. You can contact us by writing to us via email to firstname.lastname@example.org. You can also write us at 21 Mirabel Road, SW6 7EQ, London, UK.
c.How we may contact you. If we have to contact you we will do so by email (using the email you provided on registration).
a.Acceptance of Terms. By accessing and/or using the Site, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the Site.
b.Amendment of Terms. Kilouett may amend these Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the Site after such period constitutes your consent to be bound by the Terms, as amended.
c.Additional Terms. In addition to these Terms, when using particular plans, offers, products, services or features, you will also be subject to any additional posted guidelines, or rules applicable to such plan, offer, product, service or feature, which may be posted and modified from time to time. All such additional terms are hereby incorporated by reference into the Terms, provided that in the event of any conflict between such additional terms and the Terms, the Terms shall control.
3.YOUR CANCELLATION RIGHTS AS A CONSUMER
a.You have a cooling off period, this is a legal right to cancel your Kilouett Membership Agreement by no later than the end of 14 calendar days from the day the Kilouett Membership Agreement was entered into. This means that if you change your mind or for any other reason you decide that you do not want us to provide the Services to you, you can simply notify us of your decision to cancel the Membership Agreement.
b.You do not have to give us a reason for exercising your right to cancel during the 14 calendar day period referred to in clause 3a.
c.To cancel the Membership Agreement under clause 3a, you just need to let us know that you have decided to cancel within the 14 day calendar period referred to in clause 3a. The easiest way for to do this is to cancel your Membership Agreement from the ‘My Account’ page using the Site.
You expressly accept that we will start to provide the Services before the end of the 14 calendar day period and that you will lose the right to cancel if the contract has been fully performed within the 14 day period.
e.Pursuant to clause 3d, if we have started to provide the Services (or any part of them) and you exercise your right to cancel pursuant to clause 3a then we will charge you an amount in proportion to the Services you have received up to and including the time you informed us of your decision to cancel the Services, in comparison with the full coverage of the Membership Agreement. We will tell you what these charges are when you contact us.
a.Kilouett Platform. Kilouett offers a membership that enables Kilouett members to order and pick up the smallest espresso-based coffee cups according to their chosen plan (details set out at clause 4d) from the independent coffee shops, and cafes that sign up with Kilouett (“Merchants”) (the “Services”). Each Merchant defines the size of the smallest espresso-based coffee, and Kilouett does not take part on this decision. Through the Kilouett Site you can access third party products and services.
b.Kilouett is not a coffee shop, restaurant or food or coffee service provider and does not own, operate or control any of the independent coffee shops, cafes, or food or coffee services facilities accessible through the Site.
c.You must provide us with a current, valid, accepted method of payment (which we may update from time to time, “Payment Method”) to use Kilouett.
d.The Kilouett membership is offered under various plan options (“Membership Plans”). The two main type of plans are:
i.Subscription Membership Plan
ii.Package Membership Plan
e.You will select which plan you are on when you sign up or by making use of the Site functionalities. If you would like to change your plan to a different one, you may request a change by emailing email@example.com.
f.Requests to change your Membership Plan must be received at least 7 days prior to your next billing date (i.e., if your next billing date is 30th September, notify Kilouett that you want to change your membership plan by 23rd September).
g.Membership Plans can only be changed once per billing cycle. If you change your plan from a Subscription Membership Plan, there is no fee to return to it.
h.We may offer more different Membership Plans, including special promotional plans, with differing conditions and limitations. We reserve the right to modify, terminate or otherwise amend our offered plans in accordance with clause 2b.
i.Membership Cycles. Your Kilouett membership starts on the date that you sign up for a plan and submit payment via a valid Payment Method. Unless we otherwise communicate a different time period to you at the time of sign up (such as a multi-cycle commitment plan), each Kilouett cycle is 30 days in length (a “Membership Cycle”).
j.At the end of the first and any following Membership Cycle, your Subscription Membership Plan will renew automatically for another equivalent period, unless you notify us before renewal that you want to cancel. You understand your Subscription Membership Plan will automatically renew and you authorise us (without further notice to you) to collect the then-applicable periodic membership fee using any payment method we have on record for you. For example, if you purchase your Kilouett Subscription on 5 April, your Subscription plan membership will automatically renew 30 days later, on 5 May (as further explained in “Billing Cycles,” below). We will automatically bill the membership fee to your Payment Method for each cycle until your subscription is cancelled or terminated.
k.Package Membership Plans do not renew automatically for another period at the end of the membership cycle.
l.Subscription Membership Plan limits. Each member is entitled to order and pick up no more than 1 espresso-based coffee per hour from 1 participating Merchant. The member may order and pick up an espresso-based coffee at the Merchant of their choice available to such member on our platform. Kilouett reserves the right to change from time to time the number of espresso-based coffee a member can order and pick up per cycle, membership plan, geography, Merchant or otherwise in accordance with clause 2b.
m.Package Membership Plans limits. Each member is entitled to order and pick up as many espresso-based coffees as the package has (i.e. 6, 9 or 12) from 1 or many participating Merchant. For example, if the package selected was of 6 espresso-based coffees, and none has been consumed yet, the user may order and pick up no more than 6 espresso-based coffees at once. Once the user orders and picks up the number of espresso-based coffees the Package comes with, the Package is depleted and no more espresso-based coffees may be ordered and picked up until the user purchases another Package or Subscription. Any espresso-based coffee not ordered and picked-up by the user during the billing cycle cannot be redeemed after the end of the membership cycle.
n.Merchant and Espresso-based Coffee Availability and Allocation. Kilouett makes no guarantee on the availability of particular Merchants, espresso-based coffees, menu choices or other inventory, and availability may change over time, including during the course of any given Membership Cycle.
o.Espresso-based Coffee Modifications. Kilouett Merchants are unable to make any modifications to the espresso-based coffee that they are offering on the platform. All espresso-based coffee will be prepared as described. Modifications, substitutions and any other changes or requests for changes are strictly forbidden and may result in a termination of your Kilouett membership.
p.Use of Kilouett. Your Kilouett membership is personal to you and you agree not to create more than one account. Subscription membership plan espresso-based coffees cannot be transferred or gave to third parties, including other Kilouett members. Members can purchase plans to other Kilouett members by using the functionalities of the Site. Kilouett may not be used for commercial purposes. To use your Kilouett membership you must have access to the Internet. We continually update and test various aspects of the Kilouett platform. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice.
a.Subscription Recurring Billing. By entering the Kilouett Subscription Membership Plan Agreement, you authorise us to charge you for your initial membership period and a recurring subscription membership plan fee every 30 days at the then current rate, which may change from time to time (“Billing Cycle”). You acknowledge (subject to clause 2.2) that the amount billed each cycle may vary for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorise us to charge your Payment Method for such varying amounts, which may be billed once every 30 days in one or more charges. You also authorise us to charge you any other fees you may incur in connection with your use of the Site, such as any applicable sign-up fee or taxes, as further explained below.
b.Package Billing. By entering the Kilouett Package Membership Plan Agreement, you authorise us to charge you for your package fee at the then current rate. You also authorise us to charge you any other fees you may incur in connection with your use of the Site, such as any applicable sign-up fee or taxes, as further explained below.
c.Billing Cycle. When you purchase your Kilouett subscription, your first subscription cycle will be billed immediately. Your subscription will automatically renew every 30 days and you will be charged again. We reserve the right to change the timing of our billing (and if we do, we’ll make adjustments to the amounts we charge, as appropriate). Your renewal date may change due to changes in your membership. When you purchase another plan, first plan will be billed immediately.
d.Refunds. We will provide a refund to members for their current Billing Cycle in the following circumstances:
i.if you are cancelling your subscription outside of the 14 day cancellation period and request a refund within 5 days of your initial purchase; or
ii.if your subscription is cancelled prior to the end of a period, for which you have incurred a charge, due to disability or death. In each case we reserve the right to charge a fee to cover the cost of any espresso-based coffee or other services you may have used prior to your cancellation as set out in clause 5c(ii).
e.Price Changes. We reserve the right to adjust pricing of the plans at any time in accordance with clause 2b. Unless we expressly communicate otherwise, any price changes to your subscription membership plan will take effect on your next billing cycle upon notice communicated through a posting on the Kilouett website or mobile applicable or such other means as we may deem appropriate from time to time, such as email. Price changes to the packages will not take effect on user active packages, but in any further purchase.
f.Payment Methods. You may edit your Payment Method information by emailing firstname.lastname@example.org. If a payment is not successfully settled, due to expiration, insufficient funds or otherwise, and you do not contact us with your Payment Method information or cancel your account (see, “Termination” below), you nonetheless will remain responsible for any uncollected amounts and authorise us to continue billing the Payment Method, as it may be updated, including in the event you attempt to create a new account. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to our Site or any portion thereof.
g.Order and Cancellation of Espresso-based Coffee. You must order and cancel your Kilouett espresso-based coffee only through the Kilouett Site. It is a breach of your Kilouett Membership Agreement if you cancel, change, or request an espresso-based coffee directly with a Merchant without using Kilouett Site. Espresso-based coffees can be ordered at any time before validating it with the Merchant. The Espresso-based coffees can be order inside or outside the Merchant location. There are no refunds for espresso-based coffee not ordered and picked up before the end of the membership cycle end. There is no value tied to each individual espresso-based coffee and coffees not used do not rollover to future billing cycles. If you cancel an espresso-based coffee before validating it with the Merchant, you will have the opportunity to order another espresso-based coffee. You will not be able to cancel an espresso-based coffee after validating it with the Merchant. Once an espresso-based coffee is validated with the Merchant it will count as a consumption from your current package plan.
h.Trials. From time to time we may offer a trial membership that includes standard access to the Kilouett platform during a trial period. Unless otherwise communicated, a trial begins at the moment of sign up and ends at 11:59pm local time on the last day of the trial (for a one-week trial, this would be the same weekday of the following week). Subject to Clause 3, each trial membership automatically will convert to a regular 30 day membership and price unless cancelled by 12pm GMT on the day before the last day of trial. Customers that cancel and do not convert to a regular membership may not order espresso-based coffees taking place after the end of the trial membership period (even if booking occurred before the end of the applicable trial period). Unless we expressly communicate otherwise, trial memberships are only available to new customers that have never had a Kilouett account before, are not transferable, may not be combined with other offers or redeemed for cash and are void where prohibited.
i.Gifts and Promotions. From time to time we may make available gift cards for Kilouett membership, other types of promotions or promotional plans (including through the use of promotional codes or those provided as part of a third party promotion). Gift cards, promotions and promotional plans may be redeemed as described in the specifics of the promotion and may be subject to additional or different terms. Unless otherwise expressly communicated to you in connection with your redemption, gift cards, promotions and promotional plans are only available to new customers that have never had a Kilouett account before, are not transferable, can only be used once, cannot be redeemed for cash, and may not be combined with other offers and are void where prohibited. To be eligible for certain promotions, you must not have an existing account, and you must enrol in a plan. In order to receive a promotion, you may be required to provide and verify your mobile phone number. The mobile phone number you verify must be a unique mobile phone number that is not associated with another account in order to receive the promotion. If we are unable to verify your mobile phone number as a unique number then your account will be terminated and any amounts paid to Kilouett will be refunded.
j.VAT clause. Any applicable VAT and fees are inclusive in all Kilouett plans.
k.Holidays. We observe the following holidays each year: New Year’s Day, Good Friday, Easter Monday, Early May bank holiday, Spring bank holiday, Summer bank holiday, Christmas Day, Boxing Day. On holidays, you may not be able to order espresso-based coffees on the Kilouett platform. Occasionally, multiple holidays will be included in a given 30-day billing cycle. The total price for the plan during these cycles does not change. You will not receive a refund for any of your espresso-based coffees.
l.Your Home City. The rate for espresso-based coffees and fees may vary by location. Your “Home City” will be determined based on the market where you have most of your espresso-based coffees during any given cycles. If you are charged at the beginning of your cycle for a Home City that has a lower rate than what ends up being your actual Home City during that cycle, then you will be charged the difference at the end of that cycle. There are no refunds for using Kilouett in a less expensive Home City.
a.Fees We Charge. Your Kilouett membership fee covers your access to eligible espresso-based coffees as explained above. We reserve the right to change the policy in accordance with clause 2b regarding when we charge fees, to introduce additional fees (including but not limited to, a sign-up fee, late cancellation fee, or missed espresso-based coffee pick up fee) and to change the amount of any such fees at any time. Additionally, from time to time we may allow you to purchase additional espresso-based coffees, products or services through the Kilouett Site. If you choose to purchase any of these offerings, you will be responsible to pay the applicable fees in addition to your membership fee.
b.Third Party Fees for Using Kilouett. You are also responsible for all third party charges and fees associated with connecting and using the Site, including but not limited to fees such as internet service provider fees, telephone and computer equipment charges, and any other fees necessary to access the Site.
a.We may end your Membership Agreement if you break it or if we have a legal right to do so. We may end the Membership Agreement at any time for convenience and without giving reasons by giving 7 days’ notice. If we end your Membership for our convenience we will refund you the unused prepaid part of your current billing cycle prorated to the number of days left in that billing cycle after we cancel your Membership Agreement.
b.Upon any termination, we may immediately deactivate your account and all related information and/or bar any further access to your account information and the Site. in accordance with clause 5d.
c.You must compensate us if you break the Membership Agreement. If we end the Membership Agreement as set out in clause 7a we will refund any money you have paid in advance for any Services we have not provided under the Membership Agreement, save that we reserve the right to retain any monies you have paid to us and/or seek to recover from you reasonable compensation for the net costs and/or or loss of profits we will incur as a direct result of you breaking the Agreement.
d.Your right to end the Membership Agreement. Once you are outside of the 14 day “cooling off” period in clause 3a you may terminate your subscription at any time with 7 days’ notice by emailing email@example.com. Following any cancellation you will continue to have access to your membership through the end of your current prepaid billing period. You can also terminate the Membership Agreement because you have a legal right to cancel or if you have a good reason to do so (i.e. only for a reason set out at 7d (i) to 7d (ii) below), in which case the Membership Agreement will end immediately and, if you have made any payment in advance we will refund you in accordance with clause 5d. The relevant reasons are:
i.we have told you about an upcoming change to the Services or these Terms which you do not agree to (as per clause 2b);
ii.you have a legal right to end the Membership Agreement because of something we have done wrong.
Infringing or Fraudulent Activity. Kilouett does not permit copyright infringing activities and reserves the right to terminate access to the Site and remove all content submitted by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Kilouett may have at law or in equity.
ELIGIBILITY; REGISTRATION INFORMATION AND PASSWORD; SITE ACCESS
Eligibility Criteria. The availability of all or part of our Site may be limited based on demographic, geographic, or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to Kilouett or may terminate your subscription at any time based on these criteria. For example, you must be 18 years of age or older to use this Site or to purchase a Kilouett membership
THESE TERMS ARE ONLY APPLICABLE TO USERS OF THE SITE LOCATED IN THE UNITED KINGDOM AND SEPARATE TERMS APPLY TO USERS IN OTHER COUNTRIES. THE SITE IS NOT AVAILABLE TO ANY USERS SUSPENDED OR REMOVED FROM THE SITE BY KILOUETT. BY USING THE SITE, YOU REPRESENT THAT YOU ARE A PERMANENT RESIDENT OF THE UNITED KINGDOM WHO HAS NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE OR ANY OTHER KILOUETT SITE. THOSE WHO CHOOSE TO ACCESS THE SITE DO SO AT THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL RULES INCLUDING, WITHOUT LIMITATION, RULES ABOUT THE INTERNET, DATA, EMAIL OR OTHER ELECTRONIC MESSAGES, OR PRIVACY
Account registration requires you to submit to Kilouett certain personal information, such as your name, address, and email address. You are permitted to create only one account. You agree that the information you provide to Kilouett at registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account.
You will not:
.Cancel any Kilouett espresso-based coffee directly with a Merchant, rather than through the Kilouett Site;
i.Harass, threaten, or defraud users, members or staff of Kilouett or Merchants;
ii.Make unsolicited offers, advertisements, proposals, or send junk mail or “spam” to users;
iii.Impersonate another person or access another user’s account without that person’s permission;
iv.Share Kilouett passwords with any third party or encourage any other user to do so;
v.Permit third parties to use any espresso-based coffee ordered under your own membership, including other members;
vi.Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights;
vii.Upload material (e.g. virus) that is damaging to computer systems or data of Kilouett or users of the Site;
viii.Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others; or
ix.Upload or send to Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libellous, or otherwise inappropriate content.
a.As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that, in our sole discretion, could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorised access to the Site, or any part of the Site, other accounts, computer systems or networks connected to the Site, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. You may not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforces on the use of the Site or the content therein. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree neither to modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorised access to the Site. The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
b.Kilouett reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
USER SUBMISSIONS OF REVIEWS
a.General. The Site provides certain features that enable you and other users to submit, post, and share reviews on third-party platforms. These submissions may include without limitation text, graphic and pictorial works, or any other content submitted by you and other users through the Site (“User Submissions”). User Submissions are displayed for informational purposes only and are not controlled by Kilouett. Kilouett cannot guarantee any anonymity or confidentiality with respect to any User Submissions, and strongly recommends that you think carefully about what you upload to the third party platform. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not Kilouett, are entirely responsible for all User Submissions that you upload, post, email, transmit, or otherwise make available through the Site.
b.Licence Grant by You to Kilouett. You retain all your ownership rights in original aspects of your User Submissions. By submitting User Submissions through Kilouett, you hereby grant Kilouett and its affiliates, sublicensees, partners, designees, and assignees of the Site (collectively, the “Kilouett Licensees”) a worldwide, nonexclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, translate, prepare derivative works of, publicly display, publish, publicly perform, and otherwise exploit your User Submissions and derivatives thereof in connection with the Site and Kilouett’s (and its successors’) business, including, without limitation, for marketing, promoting, and redistributing part or all of the Site (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed.
c.User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorise Kilouett to use all patent, trademark, copyright, or other proprietary rights in and to your User Submissions to enable inclusion and use of your User Submissions in the manner contemplated by Kilouett and these Terms, and to grant the rights and license set forth above, and (ii) your User Submissions, Kilouett’s or any Kilouett Licensee’s use of such User Submissions pursuant to these Terms, and Kilouett’s or any of Kilouett Licensee’s exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) cause injury to any other person; (c) violate these Terms or any applicable law or regulation; or (d) require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in these Terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others. Kilouett may, but is not obligated to, monitor and edit or remove any activity or content, including but not limited to content that Kilouett determines in its sole discretion to be in violation of the standards of this Site. Kilouett takes no responsibility and assumes no liability for any User Submissions.
d.Feedback. If you provide Kilouett with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site (“Feedback”), Kilouett shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Site. You hereby grant Kilouett a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
OWNERSHIP; PROPRIETARY RIGHTS
a.The Kilouett Site is owned and operated by Kilouett. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by Kilouett (“Materials”) are protected by the copyright, trade dress, and trademark laws of the United Kingdom and other countries, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content uploaded by you, all Materials contained on the Site are the copyrighted property of Kilouett or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Kilouett or its affiliates and/or third-party licensors. Except as expressly authorised by Kilouett, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorised use of the Materials.
THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS
a.The Site may include links or access to other web sites or services (“Linked Sites”) solely as a convenience to users. Kilouett does not endorse any such Linked Sites or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, Kilouett makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
b.Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between you and such advertiser. YOU AGREE THAT KILOUETT WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.
WARRANTIES AND DISCLAIMERS
a.ESPRESSO-BASED COFFEE, AND OTHER NON-KILOUETT PRODUCTS AND SERVICES OFFERED VIA THE SITE ARE OFFERED AND PROVIDED BY THIRD PARTIES, NOT KILOUETT. YOUR COLLECTION AND USE OF THESE ESPRESSO-BASED COFFEES AND YOUR USE OF THESE NON-KILOUETT PRODUCTS AND SERVICES IS SOLELY AT YOUR OWN RISK.
b.Kilouett makes no guarantee of the ingredients contained in any espresso-based coffee. It is your responsibility to make sure that you can safely drink (or come into contact with) all of the ingredients contained in any espresso-based coffee.
c.IN NO EVENT SHALL KILOUETT BE LIABLE FOR ANY ACT, ERROR OR OMISSION BY ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH A MEMBER’S VISIT TO A MERCHANT, A MEMBER’S USE OF OR CONSUMPTION OF A ESPRESSO-BASED COFFEE, SERVICE, PRODUCT OR APPOINTMENT MADE THROUGH THE SITE, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY PROVIDER IN CONNECTION WITH THE SERVICES.
d.KILOUETT IS NOT AN AGENT OF ANY THIRD PARTY PROVIDER.
e.THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KILOUETT, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND PARTNERS, DISCLAIMS AND EXCLUDES ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF PROPRIETARY RIGHTS.
f.WITHOUT LIMITING THE FOREGOING, KILOUETT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS (I) THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) REGARDING THE USE OF THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY MATERIAL OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS, CORROPTION AND PRIVACY OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
WAIVER AND RELEASE
a.You understand that Kilouett is not a coffee shop, café, or food/beverage provider or other service provider and the espresso-based coffees you consume are sourced and prepared by the applicable Merchant and not by Kilouett. Although Kilouett endeavours to offer inventory that is of high quality, Kilouett is not responsible for the quality of any espresso-based coffee or service.
b.Therefore, to the fullest extent permitted by law, and subject to clause 18c, you release and hold harmless Kilouett, its parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages and liabilities arising out of or in any way related to your participation in or use of your Kilouett membership, including with respect to bodily injury, physical harm, illness, death or property damage.
a.You agree to indemnify and hold Kilouett, its affiliated companies, and its suppliers and partners harmless from any claims, losses, damages, liabilities, including legal fees, arising out of your misuse of the Site, violation of these Terms, violation of the rights of any other person or entity, or any breach of the prior representations, warranties, and covenants.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU – YOUR ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE
a.We are only responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a natural, foreseeable consequence of our breaking this Membership Agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not so foreseeable or for indirect or consequential loss or damage. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Membership Agreement was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process and we explicitly agreed with you in writing that as part of your Membership Agreement that such loss or damage would be recoverable by you.
b.Kilouett’s liability to you is limited to £50 or the amounts, if any, paid by you to Kilouett under this agreement in the three months immediately prior to the event first giving rise to the claim, whichever is more. The limitations in clauses 18 will apply to the maximum extent permitted by applicable law, regardless of whether Kilouett has been advised of the possibility of such damages and regardless of whether any remedy fails of its essential purpose.
c.Responsibility we do not exclude: We do not in any way exclude or limit our liability for:
i.death or personal injury caused by our failure to use reasonable care and skill or that of our employees, agents or sub-contractors;
ii.fraud or fraudulent misrepresentation;
iii.any liability that cannot be excluded or restricted as a result of section 31 and/or section 57 of the Consumer Rights Act 2015;
iv.any other liability for which it would be unlawful for us to attempt to limit or exclude our liability.
ALTERNATIVE DISPUTE RESOLUTION
a.Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint or we fail to resolve a dispute between us in relation to a Membership Agreement or any Services you have received, you may want to contact CEDR, a certified ADR provider with whom we are willing to work. Further information about CEDR is available on their website at https://www.cedr.com/.
a.Choice of Law; Forum. These Terms shall be governed in all respects by the laws of the England and Wales, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Kilouett must be resolved by a court located in England or Wales, except as otherwise agreed by the parties or as described in the Alternative Dispute Resolution Clause above. You agree to submit to the exclusive jurisdiction of the courts of England and Wales for the purpose of litigating all such claims or disputes.
b.Assignment. We may assign our rights and obligations under these Terms. The Terms will inure to the benefit of our successors, assigns and licensees.
c.Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
d.Headings. The heading references are for convenience purposes only. They do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions.
e.Entire Agreement. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out or referred to in this Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this Agreement.
Waiver. No waiver of any of these Terms by Kilouett is binding unless authorised in writing by an executive officer of Kilouett. In the event that Kilouett waives a breach of any provision of these Terms, such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of these Terms and will in no manner affect the right of Kilouett to enforce the same at a later time.