Terms of Service
1. The Company
The Company means Pink Floyd Pty Ltd t/a Kitchen Republik with registration number K2019631626 and business address at 45 Yew Street, Salt River Cape Town.
2. The Kitchen Republik Website
The Kitchen Republik website means an interactive online portal that uploads, displays and advertises different home-styled meals.
Customer means an individual or juristic person who agrees to make use of the Kitchen Republik Service.
Chef means an individual or juristic person who provides home- style meals to customers using the Kitchen Republik Website.
5. The Kitchen Republik Service
The Kitchen Republik Service means the uploading and displaying of home- styled meals on the Kitchen Republik website for the purpose of showcasing the different meals offered by Chefs to Customers.
Customers can Order from a selection of home- styled meals offered by the Chefs via the Kitchen Republik Website or alternatively the whatsapp or email channels.
Upon placing an Order, Customers would be directed to a Payment Portal where they would be able to make payment. (Please confirm how Customers can make payment. It is not completely clear from the website)
6.1. Customers are required to complete the online registration form displayed on the Kitchen Republik Website. (Please confirm if the customers are required to create an account, or can they just order as a Guest)
7. Duties of the Customers
7.1. The Customers agree to carry out the following duties:
7.1.1. Customers are solely responsible for all activities carried out on the Kitchen
7.1.2. Customers shall not provide any information, reviews, comments , images
third party links or other material whatsoever in any format (Customer Content) on the Kitchen Republik Website that may be regarded as offensive, illegal , inappropriate this may include ( but not limited to):
18.104.22.168. Racist comments; 22.214.171.124. Defamatory comments; 126.96.36.199. Comments that promote physical harm to another person; 188.8.131.52. Displaying pornographic or sexually explicit material; 184.108.40.206. Promoting any illegal activities; 220.127.116.11. False or misleading information; 18.104.22.168. The promotion of any commercial activities outside the scope of the
services offered by Kitchen Republik.
7.1.3. Customers agree to not use the information provided through the Kitchen
Republik Service for commercial purposes.
7.1.4. Customers agree to assist the Company with any necessary information
required during a reasonable security check or other check that may be done from time to time. This includes criminal checks if deemed necessary.
7.1.5. Customers agree to follow and comply with all policies as set out on the
Kitchen Republik Website.
7.1.6. Customers agree to use the information provided through the Kitchen
Republik Services at own risk.
8. Intellectual Property
8.1. The Company owns all the intellectual property rights relating to the Kitchen Republik
8.2. Customers are prohibited from reproducing, copying, editing, transmitting, uploading or
incorporating into any other materials, any of the Kitchen Republik Website; and
8.3. Removing, modifying, altering or using any registered or unregistered marks/ logos/ designs owned by Kitchen Republik, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Kitchen Republik or could be considered an infringement of any of the rights in the Intellectual Property Rights owned by Kitchen Republik.
9. Privacy and Data Protection
10. Fees and Payment
The Customers shall pay the Company a service fee upon each order placed as set out on the order page, due and payable at the times and in the amounts stated when ordering. Fees published by the Company from time to time are subject to revision at any time. Customers will be directed to a Payment Portal where they will be able to make payment.
11. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND PRODUCTS ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED BY KITCHEN REPUBLIK ON "AS IS" AND “AS AVAILABLE” BASIS.
WE MAKE NO WARRANTY THAT (i) THE QUALITY OF THE SERVICE, PRODUCTS OR INFORMATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; or (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR ERRORS OR DEFECTS WILL BE CORRECTED.
WE MAY PROVIDE LINKS TO OTHER WEBSITES OR RESOURCES, BUT WE DO NOT TAKE ANY RESPONSIBILITY OR LIABILITY FOR THE AVAILABILITY OR ACCURACY OF THE LINKED SITES OR RESOURCES. FOLLOWING THE LINKS IS AT YOUR SOLE DISCRETION AND RISK. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR IT.
12. Limitation of Liability
KITCHEN REPUBLIK TAKES FULL LIABILITY FOR DAMAGES CAUSED INTENTIONALLY OR DUE TO GROSS NEGLIGENCE BY KITCHEN REPUBLIK OR ITS EMPLOYEES. OTHERWISE THE LIABILITY OF KITCHEN REPUBLIC SHALL BE LIMITED TO THE AMOUNTS PAID BY YOU TO US FOR THE SERVICES THAT GAVE RAISE TO THE CLAIM. HOWEVER, PLEASE CONSIDER THAT YOU MUST NOT USE THE SERVICE IN CONNECTION WITH THE ACTIVITIES IN WHICH THE FAILURE OF THE SERVICES COULD CAUSE DEATH, PERSONAL INJURY, ENVIRONMENTAL DAMAGE OR DAMAGE TO THE PHYSICAL PROPERTY. IN CASE OF DOING SO, KITCHEN REPUBLIK CANNOT BE HELD LIABLE FOR ANY POSSIBLE LOSSES OR DAMAGES CAUSED.
13. Exclusion of Warranties (We can remove the below if you are able to guarantee
same to Customers)
13.1. Kitchen Republik does not warrant or guarantee the following:
13.1.1. The status of any Chefs is complaint with any standards as required by
the Statutory Authorities;
13.1.2. That the premises used by the Chefs to prepare the meals are suitable
for the cooking and preparing of meals or where applicable agencies;
13.1.3. That the Chefs Profiles are authentic;
13.1.4. That any information or documentation made available by the Chefs
(including but not limited to ingredients of meals) is authentic, valid, accurate or otherwise complete;
14.1. The term of this Agreement shall commence on the date upon which the sign –
up is completed and accepted by the Company and will continue through the end date specified on the sign-up page, unless sooner terminated as provided in the Agreement.
14.2. This Agreement may be terminated by Kitchen Republik if:
14.2.1. A third-party communication network provider ceases to make their
services available to Kitchen Republik for whatever reason;
14.2.2. the Customer or someone using the Customer login details has failed to
14.2.3. fraudulent use, misuse or abuse of the Kitchen Republik Services;
14.2.4. any false, inaccurate or misleading information was provided by the
14.3. On termination the Customer will no longer have access to the Kitchen Republik
Website and the Company may subsequently delete the Customer’s Profile.
All complaints and queries can be directed to email@example.com and will be dealt with on a case by case basis. This is to ensure that all complaints and queries are resolved as soon as possible and will be used to avoid future scenarios from occurring again.
16. Force Majeure
The Company shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by events outside its reasonable control.
The terms of this Agreement form the sole contractual relationship between the Parties hereto and no variation of this Agreement shall affect the terms hereof unless such variation shall be reduced to writing under the hand of the Parties or their authorised representatives.
No Party shall be entitled to cede, assign or delegate or in any other way dispose of any or all its obligations in terms of this Agreement without the prior written consent of the other Party.
No extension of time or indulgence or relaxation granted by either Party to the other shall be deemed in any way to affect, prejudice or derogate from the rights of such Party in any respect under this Agreement, nor shall it in any way be regarded as a waiver of any rights hereunder, or a novation of this Agreement.
Each provision in this Agreement is severable, the one from the other, and, if at any time any provision is or becomes or is found to be illegal, invalid, defective or unenforceable for any reason by any competent court, the remaining provisions shall be of full force and effect and shall continue to be of full force and effect.
21. Cancellations and Refunds
21.1. A Customer may only cancel and obtain a refund of the Price should the meal
not be delivered as agreed upon on the Kitchen Republik Website.
21.2. In special cases where Kitchen Republik give written consent (It will be determined on a case by case basis and at the Company’s discretion).
22. Entire Agreement