Section 1: Introduction

WE LIKE TO KEEP THINGS AS FAIR, OPEN AND TRANSPARENT AS WE CAN. TO KEEP THINGS CLEAR TO ANY USER, WE HAVE DRAFTED THE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) BELOW. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.KETTLESHARE.COM (THE “SITE”, “WEBSITE”, “SERVICE”, “KETTLESHARE” OR “WE”) AND ALL SERVICES PROVIDED BY KETTLESHARE ON THE SITE. THIS PLATFORM EXISTS FOR THE GRACE OF THE COMMUNITY USING IT HOWEVER, THEREFORE ANY USER CAN SUGGEST CHANGES TO THIS “TERMS OF USE”. USE THE ‘SUGGEST CHANGES’ BUTTON TO HELP US IMPROVE IT FOR THE KETTLESHARE COMMUNITY.

WE MAY CHANGE THE TERMS THAT GOVERN YOUR USE OF THE SITE FROM TIME TO TIME EFFECTIVE UPON POSTING OF AN UPDATED VERSION OF THESE TERMS ON THE SITE. YOU ARE ENCOURAGED AND RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS. BY USING THIS SITE, YOU AGREE THAT THE POSTING OF NEW OR REVISED TERMS AND CONDITIONS ON THE SITE WILL CONSTITUTE ADEQUATE AND CONSTRUCTIVE NOTICE TO YOU OF ANY AND ALL REVISIONS AND CHANGES. CONTINUED USE OF THE SERVICE AFTER ANY SUCH CHANGES OR AFTER EXPLICITLY ACCEPTING THE NEW TERMS UPON LOGGING INTO THE SITE SHALL CONSTITUTE YOUR AGREEMENT TO FOLLOW THE TERMS AS CHANGED. IN ADDITION TO CHANGES IN THE TERMS, WE MAY CHANGE, EDIT, DELETE OR REVISE PORTIONS OF THE SITE AT ANY TIME WITHOUT NOTICE.

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, enablers, contributors of content, information and other materials or services on the Site. Specific terms applying to specific user groups are included below in this Agreement.

 

Section 2: Membership eligibility and compliance

2.1 Age: Kettleshare registration is open for individuals who are eligible to form legally binding contracts under local applicable law. You represent and warrant that you are of an eligible age to form these contracts in your country (often 16, 18 or 21 depending on the country, and sometimes state) and that all registration information you submit is accurate and truthful.

2.2 Registration: Users applying for registering to the Site will be submitted for approval to Kettleshare. Kettleshare may deny or revoke access to users who are deemed not to comply to Kettleshare’s Terms of Use, or if they are deemed to violate appropriate online behavior on the Site.

2.3 Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. You as a user must abide with the policies in the Terms of Use.

 

Section 3: Acceptable Use

You may not use the Site in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You may not use the Site 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.

You may not 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.

 

Section 4: Disclaimer of Warranties

Use of any of the Kettleshare services is entirely at your own risk.

  • Kettleshare does not warrant the completeness or accuracy of information published on the Site.
  • Kettleshare does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the Site, or any hyperlinked website or advertising.
  • Kettleshare will not be a party to or in any way responsible for monitoring any transaction between any 2 or more parties on the Site of products or services.
  • Kettleshare does not warrant uninterrupted access to the Site, or that the Site will be error-free. Kettleshare does not warrant the results from the use of the Site, or the timeliness, accuracy, reliability, completeness or content of any part of the Site or connected to this Site.
  • Kettleshare does not warrant that the Site is free from viruses, worms, trojan horses or any other harmful component.
  • Kettleshare is not responsible for the conduct of any user. Please consult section 3 “Acceptable Use” in this “Terms of Use”.
  • Kettleshare conducts an ethical data privacy policy. However, it cannot guarantee that any personal information that is supplied via the Site by the User will not be misappropriated, intercepted, deleted, destroyed or used by others.
  • Selection of Sellers or Serivce Providers, and negotiation of terms of work, is the responsibility of the individual User. Users of the Site contract directly with other Users. Kettleshare will not be a party to any contracts. Kettleshare facilitates these contracts by supplying a medium for the exchange of money.  Kettleshare does not warrant any goods or services purchased by a User on the Site. Kettleshare does not provide any warranties or guarantees regarding Sellers’ or Service Providers’ professional portfolio, registration, or license.

 

Section 5: Limited Liabilities

Kettleshare acts as a venue to allow users to offer, sell, buy and accept certain goods and services (tasks or “Kettle Shares”) within a fixed-price format at a mutually agreed price. Kettleshare is not directly involved in the transaction between buyers and sellers, or clients and providers. Kettleshare as a result, has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Kettleshare cannot ensure that a buyer or seller will actually complete a transaction.

Kettleshare does not transfer legal ownership of items from the seller to the buyer.

You agree that Kettleshare is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you on Kettleshare. You use Kettleshare at your own risk.

Under no circumstances will Kettleshare be liable for any direct, indirect, incidental or consequential damages arising in connection with your use or inability to use the services.

Kettleshare does not accept any liability with respect to the quality of products sold or tasks performed via the Site.

You agree not to hold Kettleshare, or any of its partners, liable for any damage, claims and/or controversies that have arisen, whether known or unknown, relating to your any other User’s use, or inability to use, the Site, including any liabilities arising in connection with the conduct, act or omission of any User, any dispute with any User, any act or service provided by Kettleshare and any destruction or loss of your information.

Section 6: Test Kitchen Services agreement between Food Makers and Kettle Sharers

This Services Agreement is part of the Contract between Client (“Food Maker”) and Provider (“Kettle Sharer”), effective upon Client’s award and Provider’s acceptance of a “Kettle Share” (Task) on the Site. “Kettle Shares” in this agreement are the tasks carried out by the Provider for the Client, to which both parties have agreed. This Services Agreement incorporates all terms, conditions, rules, policies, and guidelines on the Site, including the Terms of Use. Next to these, these users must abide by all the policies listed in sections 1,2,3,4 and 5 in this Terms of Use document.

“Kettle Sharers” in terms of this Terms of Use agreement, are those users who have registered for the Site to help Food Maker users perform a professional service for a Test Kitchen Chef, including but not limited to designing, manufacturing and advising of the physical product, package or service.

6.1 The contract

Upon Client’s award and Provider’s acceptance of a “Kettle Share” Task on the Site, Client agrees to purchase, and Provider agrees to deliver, the Provider Services in accordance with the following agreements:

(1) the Terms of Use; (2) the Task terms, as awarded and accepted on the Site, to the extent not inconsistent with the general Terms of Use; (3) any other contractual provisions accepted by both Client and Provider and uploaded to the Site, to the extent not inconsistent with the general Terms of Use; and (4) this Services Agreement.

Notwithstanding anything to the contrary, Client and Provider both agree not to enter into any contractual provisions or Task terms in conflict with the Terms of Use. Any part of the Contract that conflicts with or modifies the Terms of Use shall be null and void while the other parts of the Contract shall remain valid and binding.

6.2 Transactions

Contracts for ‘Kettle Share’ Tasks are entered between Users on the Site. Kettleshare will not be a party to any contracts for the Provider Kettle Shares described in the Terms of Use. Kettleshare facilitates these contracts by supplying a medium for the exchange of money. Payment will be processed at the end of a completed Kettle Share transaction. Clients and Providers agree on price and terms and conditions. The Provider is responsible for carrying out the Task according to the terms set forth in the mutual agreement. When a Kettle Share is marked as closed by the Client, the agreed upon monetary will be transferred by the Client to the Provider’s account.

 

Section 7: Governing Law

This Site (excluding third party linked sites) is controlled by Kettleshare from its offices within the Kingdom of the Netherlands. It can be access from other countries around the world to the extent permitted by site. As each of these places has laws that may differ from the Kingdom of the Netherlands, by accessing this site, both you and the Company agree that the statutes and laws of the Kingdom of the Netherlands shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof. You and the Company also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of the Kingdom of the Netherlands and any legal proceedings shall be conducted in the Dutch language. The Company makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.

 

Section 8: Trademarks

The Company’s, licensors’ or other third party materials, services or products referenced on this site are common law or registered trade marks or service marks of such parties.

 

Section 9: Privacy Policy

This privacy policy explains Kettleshare’s privacy practices, and discloses our information-gathering and -dissemination practices on the Kettleshare.com website (“Site”).

By using the Site, you do hereby warrant and represent that you have read, understand and agree to all terms and conditions stated herein, including our Terms of Use, available at www.kettleshare.com/terms and that you give Kettleshare.com permission to use and store such information consistent with this privacy policy and our Terms of Service. A user of the Site is hereinafter referred to as a “User,” or collectively, the “Users.”

9.1 Your personal information

Your privacy is very important to us, that’s why we will never release your personal details to any company for mailing or marketing purposes.

  • Kettleshare shall use all reasonable commercial efforts to preserve the confidentiality and avoid the disclosure of the your Confidential Information, unless strictly required otherwise by law.
  • We will keep your details on a secure server.
  • Kettleshare.com only collects personal information if you voluntarily choose to share such information with Kettleshare.com.
  • Please note that you do not have to provide any information to use this website, but if you do choose to withhold essential data you will not be able to access certain sections or facilities within the site.
  • Kettleshare.com collects and stores certain data about the use of the Site on an aggregate and/or anonymous basis. We do not link this information to anything personally identifiable to you.
  • Registered users can at any time edit their personal information, including security passwords, by opening their personal Dashboard by selecting the log-in button available on any page on the top of the page. Certain data fields cannot be edited, including certain pieces related to a Test Kitchen project or products.
  • You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your personal information and /or user information we are entitled do so.

9.2 Security

  • You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or Kettleshare for accessing the Website. You are solely and fully responsible for all activities that occur under your password or account.
  • Kettleshare has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will contact Kettleshare immediately.
  • Your Kettleshare.com account is password-protected so that only you and authorized Kettleshare.com staff have access to your account information. In order to maintain this protection, do not give your password to anyone. If you share a computer, tablet or phone or use a public computer, you should sign out of your Kettleshare.com account and close the browser window before someone else logs on. This will help protect your information entered on public terminals from disclosure to third parties.
  • Kettleshare does not have access to any payment or creditcard information.
  • Kettleshare does not use password or account information for any other purposes outside of providing reset options and offering personalized offers.
  • Kettleshare will undertake commercially reasonable efforts to ensure the security of all creditcard and other personal information. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, Kettleshare cannot guarantee the security of any information you transmit to us, and you do so at your own risk.
  • Kettleshare expressly disclaims any liability for any unauthorized access to or use of our secure servers and/or any and all personal and/or financial information stored therein, and you agree to hold Kettleshare harmless for any damages that may result therefrom.

9.3 Cookies

When you visit websites on the Internet, your browser may automatically transmit information to the websites you visit throughout every visit. Like many websites, we may use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We may utilize persistent cookies that only Kettleshare.com can read and use to save your login information for future logins to the Site, to assist in processing items in your shopping basket, to hold session information, and to track user preferences. We may utilize session ID cookies to enable certain features of the Site, to better understand how you interact with the Site and to monitor aggregate usage by our users and web traffic routing on the Site. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Site and Service and then close your browser.

9.4 Opt-out

You may opt-out of receiving communications from Kettleshare, remove your information from our database, and choose to not receive future communications unrelated to the Site.

During registration you choose whether to receive correspondence from Kettleshare.com. This information remains on your Profile where you can, at any point, edit it to indicate that you want to unsubscribe for the Service. In your personal profile, select “email alerts,” and make your selections.

If you receive unsolicited email from Kettleshare, please contact us at help@kettleshare.com.

 

Section 10: Contacting Us

If you have any questions regarding these Terms of Use or Privacy Policy, you can contact us by writing an email to info@kettleshare.com, or posting a letter to the following address:

Kettleshare

1058 EM Amsterdam

The Netherlands
For any technical problems, questions or issues relating to your use of the Site, you can always click on the ‘Contact Us’ button on the Site.