These terms and conditions shall govern your use of our website. By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
You must be at least 18 years of age to use our website; and by using our website and by agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
Copyright (c) 17th March 2014 of first publication JKE Trading Ltd trading as FoodieFriends. Subject to the express provisions of these terms and conditions: we, together with our licensors, own and control all the copyright and other intellectual property rights on our website and the material on our website; and all the copyright and other intellectual property rights on our website and the material on our website are reserved.
Licence to use website
You may view pages from our website in a web browser; download pages from our website for caching in a web browser; print pages from our website; stream audio and video files from our website; and use our website services by means of a web browser, subject to the other provisions of these terms and conditions.
Except as expressly permitted by these terms and condition or the other provisions, you must not download any material from our website or save any such material to your computer.
You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes. Except as expressly permitted, you must not edit or otherwise modify any material on our website. Unless you own or control the relevant rights in the material, you must not: republish material from our website (including republication on another website); sell, rent or sub-license material from our website; show any material from our website in public; exploit material from our website for a commercial purpose; or redistribute material from our website. Not withstanding section above, you may redistribute our newsletter in print and electronic form to any person. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
You must not:
Use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website; or that is unlawful, illegal, fraudulent or harmful in connection with any unlawful, illegal, fraudulent harmful purpose or activity;
Use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent; access or otherwise interaction with our website using any robot, spider or other automated means; violate the directives set out in the robots.txt file for our website.
Use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing). You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
Registration and accounts
To be eligible for an individual account on our website, you must be at least 18 years of age and resident in the United Kingdom. You may register for an account by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you. You must notify us in writing immediately if you become aware of any unauthorised use of your account. You must not use any other person’s account to access the website. You will automatically receive newsletters from us unless you unsubscribe from these.
User IDs and passwords
If you register for an account with our website, we will be asked to choose a user ID and password. Your user ID must not be liable to mislead and must comply with the content rules set out in these terms and conditions; you must not use your account or user ID for or in connection with the impersonation of any person. You must keep your password confidential and notify us in writing immediately if you become aware of any disclosure of your password.
You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
Cancellation and suspension of account
We may: Suspend your account; cancel your account; and/or edit your account details, at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for and you have not breached these terms and
conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology. If we have terminated your account due to misuse of the website we will not refund any payments. You may cancel your account on our website using your account control panel on the website. You will not be entitled to any refund if you cancel your account after 30 days.
Free member and business services
To become a subscriber to our website services, you must register for an account on our website. We will send you a confirmation, at which point the contract between us for the supply of the website services shall come into force upon the issue of the order acknowledgement.
To become a business subscriber to our website services, you must pay the applicable subscription fees during the account registration procedure / after you have registered for an account with our website. We will send you an acknowledgement of your order. If your order is accepted, we will send you an order confirmation, at which point the contract between us for the supply of the website services shall come into force upon the issue of the order acknowledgement.
Registered users with appropriate membership will be able to access related services on our website, which may include: the publication of a personal profile on our website; access to our searchable database of other users’ personal profiles; live chat with other website users; private messaging of other website users.
We may from time to time vary the benefits associated with a membership by posting a new membership description on our website, providing that if in our reasonable opinion such a variation results in a substantial loss of value or functionality, you shall have the right to cancel your membership.
Where expressly requested or permitted by us to do so, you must not add any information to our website that may facilitate direct communications with other users (including without limitation email addresses, postal addresses, instant messaging IDs, telephone numbers, fax numbers, personal website URLs and social networking profile URLs). You may not engage in advertising to or solicitation of, other Members to buy or sell and products or services through the Service. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, we reserve the right to restrict the number of emails which a Member may send to other Members in any 24 hour period to a number which we deem appropriate in its sole discretion.
If you enter our competitions you will automatically receive newsletters from us unless you unsubscribe from these.
You are solely responsible for your interactions with other foodiefriends.co.uk. Members, we reserve the right, but have no obligation, to monitor disputes between you and other Members. We are not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service.
You acknowledge that we cannot be held responsible for the behaviour of our users, either on or off the website, and we cannot guarantee that any information provided by a user is true, accurate, complete, current and not misleading; and subject to these terms and conditions you will not hold us liable in respect of any loss or damage arising out of any user behaviour or user information.
All information that you supply as part of a personal profile on the website must be true, accurate, current, complete and non-misleading. You must keep your personal profile on our website up to date. Personal profile information must also comply with the provisions in these terms and conditions.
FoodieFriends is free to join for standard members for business users there is a subscription charge of £199.99 per annum. The fees in respect of our website services will be as set out on the website from time to time.
All amounts stated in these terms and conditions or on our website are stated exclusive of VAT. You must pay to us the fees in respect of our website services in advance annually, in accordance with any instructions on our website. We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid. If you dispute any payment made to us, you must contact us immediately and provide full details of your claim. If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 working days following the date of our written request: an amount equal to the amount of the charge-back; all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer); an administration fee of GBP 25.00 including VAT; and all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section (including without limitation legal fees and debt collection fees), and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section. If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.[We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.]
Distance contracts: cancellation right
This Section applies if and only if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
You may withdraw an offer to enter into a contract with us through our website, or cancel a contract entered into with us through our website, at any time within the period beginning from the submission of your payment up to the end of 14 days after you do not have to give any reason for your withdrawal or cancellation.
You agree that we may begin the provision of services before the expiry of the period referred to in this Section, and you acknowledge that, if we do begin the provision of services before the end of that period, then: if the services are fully performed, you will lose the right to cancel referred to in this Section; if the services are partially performed at the time of cancellation, you must pay to us an amount proportional to the services supplied or we may deduct such amount from any refund due to you in accordance with this Section.
In order to withdraw an offer to contract or cancel a contract, you must inform us writing setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired. If you withdraw an offer to contract, or cancel a contract, on the basis described in this Section, you will receive a full refund of any amount you paid to us in respect of the offer or contract, except as specified in this Section. We will refund money using the same method used to make the payment unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund. We will process the refund due to you as a result of a cancellation on the basis described in this Section without undue delay and, in any case, within the period of 7 working days after the day on which we are informed of the cancellation.
Your content: licence
In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce store and, with your specific consent, publish your content on and in relation to this website.
You grant to us the right to sub-license the rights licensed under this Section. You grant to us the right to bring an action for infringement of the rights licensed under this Section. You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law, and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law. You may edit your content to the extent permitted using the editing functionality made available on our website. Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, un-publish or edit any or all of your content.
Your content: rules
You warrant and represent that your content will comply with these terms and conditions. Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
Your content, and the use of your content by us in accordance with these terms and conditions, must not: be libellous or maliciously false; be obscene or indecent;
infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right; infringe any right of confidence, right of privacy or right under data protection legislation; constitute negligent advice or contain any negligent statement; constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity; be in contempt of any court, or in breach of any court order; be in breach of racial or religious hatred or discrimination legislation; be blasphemous; be in breach of official secrets legislation; be in breach of any contractual obligation owed to any person; depict violence, in an explicit, graphic or gratuitous manner; be pornographic, lewd, suggestive or sexually explicit; be untrue, false, inaccurate or misleading; consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage; constitute spam;
Be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or cause annoyance, inconvenience or needless anxiety to any person. Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet. You must not use our website to link to any website or web page consisting of or containing material that would were it posted on our website, breach the provisions of these terms and conditions. You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
If you learn of any unlawful material or activity on our website or any material or activity that breaches these terms and conditions, please let us know. You can let us know by filling out the form here.
We do not warrant or represent: the completeness or accuracy of the information published on our website; that the material on the website is up to date; or
that the website or any service on the website will remain available. We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website. To the maximum extent permitted by applicable law and subject to next Section, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
Limitations and exclusions of liability
Nothing in these terms and conditions will: limit or exclude any liability for death or personal injury resulting from negligence; limit or exclude any liability for fraud or fraudulent misrepresentation; (limit any liabilities in any way that is not permitted under applicable law; or exclude any liabilities that may not be excluded under applicable law, and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
The limitations and exclusions of liability set out here and elsewhere in these terms and conditions govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. Our website and the information and services provided on our website, we will not be liable for any loss or damage of any nature. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions as a consumer, this Section shall not apply.
We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this Section shall not apply. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of: any breach by you of any provision of these terms and conditions; or your use of our website.
Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may: send you one or more formal warnings; temporarily suspend your access to our website; permanently prohibit you from accessing our website; block computers using your IP address from accessing our website; contact any or all your internet service providers and request that they block your access to our website; commence legal action against you, whether for breach of contract or otherwise; and/or suspend or delete your account on our website. Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
Third party websites
Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations. We have no control over third party websites and their contents and subject to these terms and conditions we accept no responsibility for them or for any loss or damage that may arise from your use of them.
Our logos and our other registered and unregistered trade marks belong to us; we give no permission for the use of these, and such use may constitute an infringement of our rights.
The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
We may revise these terms and conditions from time to time. The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website. If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions − providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Third party rights
A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party. The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
Subject to these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
Law and jurisdiction statutory
A contract under these terms and conditions shall be governed by and construed in accordance with English law. Any disputes relating to a contract under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of the United Kingdom.
Statutory and regulatory disclosures
We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference. These terms and conditions are available in the English language only.
This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and JKE Trading Ltd trading as Foodie Friends regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
I have read this agreement and agree to all of the provisions contained above.
Events of Force Majeure
For the purpose of these terms and conditions, an “Event of Force Majeure” means any circumstance not within the reasonable control of the Party affected, but only if and to the extent that (i) such circumstance, despite the exercise of reasonable diligence and the observance of Good Utility Practice, cannot be, or be caused to be, prevented, avoided or removed by such Party, and (ii) such circumstance materially and adversely affects the ability of the Party to perform its obligations under this Agreement, and such Party has taken all reasonable precautions, due care and reasonable alternative measures in order to avoid the effect of such event on the Party’s ability to perform its obligations under this Agreement and to mitigate the consequences thereof.
Events of Force Majeure shall include but not be limited to:
Natural Force Majeure Events:
Fire, chemical or radioactive contamination or ionising radiation, earthquakes, lightning, cyclones, hurricanes, floods, droughts or such other extreme weather or environmental conditions, unanticipated geological or ground conditions, epidemic, famine, plague or other natural calamities and acts of God; explosion, accident, breakage of a plant or equipment, structural collapse, or chemical contamination (other than resulting from an act of war, terrorism or sabotage), caused by a person not being the affected Party or one of its contractors or subcontractors or any of their respective employees or agents; to the extent that they do not involve [country] or take place outside of [country], acts of war (whether declared or undeclared), invasion, acts of terrorists, blockade, embargo, riot, public disorder, violent demonstrations, insurrection, rebellion, civil commotion and sabotage; strikes, lockouts, work stoppage, labour disputes, and such other industrial action by workers related to or in response to the terms and conditions of employment of those workers or others with whom they are affiliated save, when such event is directly related to, or in direct response to any employment policy or practice (with respect to wages or otherwise) of the party whose workers resort to such action; in relation to the Concessionaire, non-performance by a counter-party to a contract relating to the Concessionaire’s Business by reason of an event or circumstance that would constitute a Natural Force Majeure Event under this Agreement; and
Political Force Majeure Events:
To the extent they take place in [country], acts of terrorists, blockade, embargo, riot, public disorder, violent demonstrations, insurrection, rebellion, civil commotion and sabotage;
To the extent that they are politically motivated, strikes, lockouts, work stoppages, labour disputes, or such other industrial action by workers, save in relation to the Concessionaire, when such event is directly related to, or in direct response to any employment policy or practice (with respect to wages or otherwise) of the Concessionaire;
Failure or inability of the Concessionaire to obtain or renew any Consent, on terms and conditions as favourable in all material respects as those contained in the original Consent relating to the Concessionaire’s Business (other than due to a breach by the Concessionaire of any of such terms and conditions);
Any action or failure to act without justifiable cause by any Competent Authority, other than a court or tribunal(including any action or failure to act without justifiable cause by any duly authorised agent of any Competent Authority, other than a court or tribunal);
Expropriation or compulsory acquisition of the whole or any material part of the Concessionaire’s System or Investor’s shares in the Concessionaire, except where such appropriation or compulsory acquisition is on account of contravention of law by the Concessionaire or by the Investor;
Any legal prohibition on the Concessionaire’s ability to conduct the Concessionaire’s Business, including passing of a statute, decree, regulation or order by a Competent Authority prohibiting the Concessionaire from conducting the Concessionaire’s Business, other than as a result of the Concessionaire’s failure to comply with the law or any order, Consent, rule, regulation or other legislative or judicial instrument passed by a Competent Authority;
In relation to the Concessionaire, non-performance by a counter-party under a contract relating to the Concessionaire’s Business by reason of an event or circumstance that would constitute a Political Force Majeure Event under this Agreement, provided that breakdown of plant or equipment (unless itself caused by an Event of Force Majeure), or unavailability of funds, shall not constitute an Event of Force Majeure.
Effects of an Event of Force Majeure
Either Party shall be excused from performance and shall not be in default in respect of any obligation hereunder to the extent that the failure to perform such obligation is due to a Natural Force Majeure Event or Political Force Majeure Event.
Events Notice of an Event Force Majeure
If a Party wishes to claim protection in respect of an Event of Force Majeure, it shall, subject to these terms and conditions as soon as possible following the occurrence or date of commencement of such Event of Force Majeure, notify the other Party of the nature and expected duration of such Event of Force Majeure and shall thereafter keep the other Party informed until such time as it is able to perform its obligations. The Parties shall use their reasonable endeavours to:
(i) overcome the effects of the Event of Force Majeure;
(ii) mitigate the effect of any delay occasioned by any Event of Force Majeure, including by recourse to alternative mutually acceptable (which acceptance shall not be unreasonably withheld by either Party) sources of services, equipment and materials; and
(iii) ensure the resumption of normal performance of this Agreement as soon as reasonably practicable and shall perform their obligations to the maximum extent practicable, provided that neither Party shall be obliged to settle any strike, lock out, work stoppage, labour dispute or such other industrial action by its employees.
This website is owned and operated by JKE Trading Ltd trading as Foodie Friends.
We are registered in England and Wales under registration number 8940979, and our registered office is at 20-22, Wedlock Road, London N1 7GU, United Kingdom.
You can contact us by writing to the business address given above, by using our website contact form, by email to email@example.com or by telephone on 0845 643 5424.