Terms & Conditions


1. Introduction

1.1 These terms and conditions shall govern your use of our website.
1.2 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.
1.3 If you register with our website, we will ask you to expressly agree to these terms and conditions.
1.4 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy. If you wish to purchase products on the website, you agree to the terms of sale.


2. Copyright notice

2.1 Copyright (c) 2017 Bay’s Kitchen Ltd
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.


3. Registration

3.1 You warrant that all information that you provide to us on registration is accurate and complete and you shall make any necessary changes to that information within your account on the website.
3.2 You are responsible for maintaining the confidentiality of your login details, and you are solely responsible for all activities that occur under your login details.


4. Availability

4.1 There may be occasions when access to the website may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
4.2 We reserve the right to remove any content or features from the website for any reason, without prior notice and/or to suspend or cease providing any services relating to the website without notice, and shall have no liability or responsibility to you in any manner whatsoever in such circumstances.


5. Licence to use website

5.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website.
5.2 Except as expressly permitted by Section 5.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
5.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
5.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
5.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
5.6 Notwithstanding Section 5.5, you may redistribute our newsletter in print and electronic form to anyone.
5.7 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.


6. Acceptable use

6.1 You must not:
(a) 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;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) 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;
(d) 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;
(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(f) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
6.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
6.3 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.


7. Limited warranties and disclaimer

7.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
7.2 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.
7.3 The content of the website includes information relating to the low FODMAP diet, and we offer for sale and sell low FODMAP foods. Notwithstanding any information included on the website, you agree that you are solely responsible for ensuring that any products you purchase are appropriate and suitable for your needs. You should not rely on the information as advice, nor use the information on the website as an alternative to any other medical or therapeutic services or treatments that are available to you. The information and FODMAP foods should not necessarily be used in isolation and are not a replacement for any medication prescribed to you. We recommend that you should always seek medical advice before following any new diet or nutrition plan.
7.4 To the maximum extent permitted by applicable law and subject to Section 7.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.


8. Limitations and exclusions of liability

8.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
8.2 The limitations and exclusions of liability set out in this Section 7 and elsewhere in these terms and conditions:
(a) are subject to Section 8.1; and
(b) 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, except to the extent expressly provided otherwise in these terms and conditions.
8.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
8.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
8.5 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.
8.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
8.7 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).


9. Breaches of these terms and conditions

9.1 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:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) commence legal action against you, whether for breach of contract or otherwise
9.2 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 by registering at the website with a different name.


10. Variation

10.1 We may revise these terms and conditions from time to time.
10.2 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.


11. Assignment

11.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
11.2 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.


12. Severability

12.1 If a provision of 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.
12.2 If any unlawful and/or unenforceable provision of 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.


13. Third party rights

13.1 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.
13.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.


14. Entire agreement

Subject to Section 8.1, these terms and conditions, together with our privacy and 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.


15. Law and jurisdiction

15.1 These terms and conditions shall be governed by and construed in accordance with English law.
15.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.


16. Links to third party content

16.1 The website may contain links to websites or apps operated by third parties. We do not have any influence or control over any such third party websites or apps and we are not responsible for and do not endorse any third party websites or apps or their availability or content.
16.2 We accept no responsibility for adverts contained within the website. If you agree to purchase goods and/or services from any third party who advertises in the website, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.


17. Our details

17.1 This website is owned and operated by Bay’s Kitchen Ltd.
17.2 We are registered in England and Wales under registration number 10249499, and our registered office is at The Keys, Florida Drive, Prestbury, Cheltenham, Gloucestershire, GL52 5SG ENGLAND
17.3 Our principal place of business is at The Keys, Florida Drive, Prestbury, Cheltenham, Gloucestershire, GL52 5SG ENGLAND
17.4 You can contact us:
(a) by post, using the postal address given above;
(b) using our website contact form;
(c) by telephone, on +44 (0) 1242 335247 or
(d) by email, to hello@bayskitchen.co.uk


18. General

18.1 In these terms and conditions (a) headings are for convenience only and do not affect interpretation; and (b) words in the singular include the plural.
18.2 If any provision of these terms and conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force. Our failure to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.
18.3 If you have any complaint or wish to raise a dispute under these terms and conditions or otherwise in relation to the website please follow this link http://ec.europa.eu/odr.
18.4 These terms and conditions shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.


19. Credit

19.1 This document was created using a template from SEQ Legal (www.seqlegal.com).