Welcome to Kitch, an innovative way for people to share food. This page (the “Terms and Conditions”) tells you the basis on which you may use our website and our applications (together, our "Service") to sell to third parties (“Buyers”) meals (the "Meals") prepared by you (a “Vendor” or “Vendors”) by listing them on our Service. Please read these Terms and Conditions carefully before selling any Meals through our Service. By accessing our Service and accepting an order, you agree to be bound by these Terms and Conditions.
If you have any questions relating to these Terms and Conditions please contact email@example.com before you accept an order. If you do not accept these Terms and Conditions in full please do not use our Service.
Kitch is a website and smartphone application operated by Superior App Company for Information Technology ("we", "us" or "Kitch"), incorporated in the Kingdom of Saudi Arabia. Kitch is a delivery service and online marketplace that allows Buyers to find Vendors from whom to purchase Meals.
After the Buyers and Vendors have concluded the purchase, we then deliver the Meals.
The purpose of our Service is to provide a simple and convenient service to you, linking you to Buyers, and allowing you to sell Meals to them.
Kitch offers an ordering and delivery service in the Kingdom of Saudi Arabia. Each Vendor has a prescribed delivery area. This is to ensure that Meals reach Buyers when they are at their best. If Buyers live outside the delivery area, a message will appear on screen notifying them that they have selected a Vendor who is too far away. We do not accept orders for locations that are outside the delivery area for a given Vendor. Operating hours will vary depending on local business conditions and the availability of Vendors. Buyers will click on the relevant link to view the menus on our Service, and then click on their chosen menu which will provide them with the option to submit their order to you, their chosen Vendor.
When Buyers place an order through our Service, an email thanking them for their order and confirming that their order has been received and accepted by you (the "Confirmation Email") will be sent to them by us on your behalf. The contract for the supply of any Meal that Buyers order through us will be between you and the Buyer, and will only be formed when they have been sent the Confirmation Email by us.
All Meals are purchased from you by the Buyers, not from or by Kitch. Kitch does not participate in, supervise, or in any way control or contribute to the preparation of Meals. Accordingly, we cannot take responsibility for the Meals themselves.
For example, if Buyers have a food allergy, they must contact you directly to inform you. We cannot guarantee that any of the Meals sold by you using our Service are free of allergens. And because the Meals are prepared by you, not by us, we are not able to implement Buyers’ requests – even in the case of serious allergies or other important concerns. Accordingly, it is crucial that you ensure the health, safety, and quality of the Meals you prepare and sell to Buyers using our Service. In the unlikely event that Kitch is named as a defendant in a dispute with a Buyer or other party, including government parties, arising from Meals purchased from you, then you agree to defend, indemnify, and hold harmless Kitch from any and all liability, and to pay all reasonable costs of litigation.
Our aim is to provide the best delivery service possible. Unfortunately, things do not always go according to plan, and factors such as traffic conditions and weather may occasionally prevent us from achieving our targets in this regard. Accordingly, you agree to provide us with accurate estimates of the amount of time it will take you to prepare meals; and you further agree to continually update said estimates as your circumstances change. You agree to exert best efforts to prepare the Meals ordered from you in a timely fashion, so that they can be delivered to Buyers within the estimated time. We will do our best to ensure that each Meal is delivered by the time specified in the Confirmation Email.
Buyers have the right to cancel an order within a reasonable time, unless you have used any food to start preparing the order (a “Started Order”). Buyers can cancel an order by contacting you. You and Kitch may cancel any order, for any reason, even a Started Order. In case of such cancellation by you, you agree to inform Kitch immediately. In case of such cancellation by Kitch, we agree to inform you immediately. Kitch will be responsible for informing the Buyer that an order has been cancelled. Buyers will not be charged for any orders cancelled in accordance with this clause. Any payment made prior to an order being cancelled by Kitch or a Vendor will be reimbursed, usually by the same method Buyers used to pay for the order. Any order Buyers cancel after it becomes a Started Order will be charged to the Buyer. Kitch alone will determine whether an order is a Started Order or not.
The price of any Meals will be listed on our Service. Prices will vary between menus. Prices are liable to change at any time, but changes will not affect orders in respect of which Buyers have been presented with the Confirmation Email, save in the case of an obvious pricing mistake (“Calculation Error”), in which case we will notify Buyers as soon as we can. Buyers may cancel their order once we notify them of a Calculation Error. Despite our best efforts, some of the Meals listed on our Service may be incorrectly priced. Accordingly, you agree to verify prices every time that you receive an order through our Service.
Payment for all Meals can be made by credit or debit card through our Service. Once a Buyer’s order has been confirmed, their credit or debit card will have been authorised, and the amount marked for payment. Payment is made directly to Kitch and is subsequently passed on by Kitch to you. You authorise us to accept payment on your behalf, and payment of the price of any Meals to us will discharge Buyers’ obligations to pay such price to you. However, we are not authorised to act on your behalf in any other way, and there is no partnership or other agency relationship between us and you.
You may use our Service only for lawful purposes. You may not use our Service in any way that breaches any applicable law or regulation. You also agree not to access without authority, interfere with, damage or disrupt any part of our Service or any network or equipment used in the provision of our Service.
These content standards apply to any and all material which you contribute to our Service (the”Contributions”) -- including but not limited to advertisement, promotional language, and menu information -- and to any interactive services associated with it. Contributions must be accurate (where they state facts), be sincerely held (where they state opinions) and comply with applicable law in the Kingdom of Saudi Arabia, and in any country where you are located when you post them.
Contributions must not:
• contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory, promote sexually explicit material or promote violence or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe any copyright, database right or trademark of any other person;
• be likely to deceive any person or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence, or promote any illegal activity;
• be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety, or be likely to harass, upset, embarrass, alarm or annoy any other person;
• be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case; or
• advocate, promote or assist any unlawful act, such as (by way of example only) copyright infringement or computer misuse.
• immediate, temporary or permanent withdrawal of your right to use our Service;
• immediate, temporary or permanent removal of any posting or material uploaded by you to our Service;
• issuing of a warning to you;
• legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.
Commentary and other materials posted on our Service are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Service, or by anyone who may be informed of any of its contents.
Any material you upload to our Service or data that we collect as set out above (section 13) will be considered non-confidential and non-proprietary, and you acknowledge and agree that we have the right to use, copy, distribute, sell and disclose to third parties any such material or data for any purpose related to our business. To the extent that such material is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free licence to use, copy, modify, distribute, sell and disclose to third parties any such material or data for any purpose related to our business.
You are responsible for maintaining the confidentially of your login details and any activities that occur under your account. If you have any concerns about your login details or think they have been misused, you should contact firstname.lastname@example.org straight away to let us know. We can freeze or deactivate your account at any time.
We are the owner of or the licensee of all intellectual property rights in our Service. Those rights are protected by copyright laws and treaties around the world. All such rights are reserved. You may not copy, reproduce, republish, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use any content, code, or other legally protected intellectual property from our Service in any way.
To the extent permitted by law, Kitch provides our Service and content on an “;as-is” and “as available” basis, and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our Service, or that it will be timely or error-free, or that defects will be corrected. Except as provided below, Kitch shall not have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our Service. In the event that Kitch is found to be liable to you, our total aggregate liability is limited to the purchase price of the Meals you have paid for in your order. This provision does not apply to Kitch’s liability for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
Where our Service contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Neither you nor Kitch shall be responsible to each other for any delay or non-performance of our obligations arising from any cause beyond our control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion.
If any provision of these Terms and Conditions is judged to be illegal or unenforceable, the remainder of the provisions shall continue in full force and effect to the extent permitted by law.
These Terms and Conditions contain the whole agreement between the parties relating to the subject matter, and supersede all prior agreements, arrangements and understandings between the parties relating to the subject matter.
Kitch may revise these Terms and Conditions at any time by amending this page, and we will notify whenever we do so. We will notify you of such amendments.
Any dispute arising out of the formation, performance, interpretation, nullification, termination or invalidation of this contract or arising therefrom or related thereto in any manner whatsoever, shall be settled exclusively in the courts of the Kingdom of Saudi Arabia. This contract shall be governed by the law of the Kingdom of Saudi Arabia.