Terms and Conditions

THIS DOCUMENT SETS OUT THE TERMS AND CONDITIONS ON WHICH KIM KOREAN RESTAURANTS LIMITED (“WE”; “OUR”; “US”; “KIMCHEE”) GRANT YOU ACCESS TO our website [www.KIMCHEE.com] (“Website”). Please read these terms of use carefully before you start to use the Website. By using our Website, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our Website.

1.            INFORMATION ABOUT KIM KOREAN RESTAURANTS LTD AND THE WEBSITE

1.1.        The Website is owned and managed, operated and maintained by Kim Korean Restaurants Ltd, company registration number 07205480, whose registered office is at Bentima House, 2nd Floor, 168-172 Old Street, London, EC1 9BP.

1.2.        Kim Korean Restaurants Ltd shall be entitled at its own discretion to suspend the Website for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any such suspension or unavailability of the Website.

1.3.        Kim Korean Restaurants Ltd reserves the right to make any changes to the Website including any functionalities and content therein or to discontinue any of the features of the Website without notice.

1.4.        Kim Korean Restaurants Ltd may be contacted at Fusion House, Suite 4, 5 Rochester Mews, Camden, London, NW1 9JB or by e-mail at hello@kimchee.uk.com.

2.            OBLIGATIONS

2.1.        You agree that you are solely responsible and liable for all activities on the Website carried out by your use of the Website.

2.2.        You further agree that at all times, you shall not:

2.2.1.    use the information presented on the Website or provided to you by Kimchee for any commercial purposes; or

2.2.2.    infringe any rights of any third parties.

3.            EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY

3.1.        The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy.

3.2.        Subject to clause 3.3, Kimchee hereby expressly excludes any liability for any direct, indirect or consequential loss or damage incurred by any you in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it.

3.3.        Nothing in these Terms and Conditions excludes or limits our liability for:

3.3.1.    death or personal injury caused by our negligence;

3.3.2.    fraud or fraudulent misrepresentation;

3.3.3.    any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

4.            INTELLECTUAL PROPERTY RIGHTS

4.1.        Kimchee and its licensors own all the intellectual property rights (“Intellectual Property Rights”) relating to the Website (including all material published on it).

4.2.        You are expressly prohibited from:

4.2.1.    reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website; and

4.2.2.    removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by us or our licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Kimchee or could be considered an infringement of any of the rights in the Intellectual Property Rights owned by and/or licensed to Kimchee.

4.3.        You may print off one copy, and may download extracts, of any page(s) from the Website for your personal reference and you may draw the attention of others within your organisation to material posted on the Website.

4.4.        You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

4.5.        Our status (and that of any identified contributors) as the authors of material on the Website must always be acknowledged.

4.6.        You must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.

4.7.        If you print off, copy or download any part of the Website in breach of these terms of use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

5.            USE OF THE WEBSITE

5.1.        You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.

5.2.        Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice (see below). We will not be liable if for any reason our Website is unavailable at any time or for any period.

5.3.        From time to time, we may restrict access to some parts of our Website, or our entire Website.

5.4.        We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

5.5.        Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. Kimchee therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

5.6.        We aim to update our Website regularly, and may change the content at any time. If the need arises, we may suspend access to the Website, or close it indefinitely. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

5.7.        You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.

5.8.        Kimchee will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.

5.9.        You may not create a link to the Website from another website or document without Kimchee’s prior written consent.

5.10.     Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Kimchee 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.

6.            GENERAL

6.1.        Kimchee may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you.

6.2.        If Kimchee fails at any time to insist upon strict performance of its obligations under these Terms and Conditions, or if it fails to exercise any of the rights or remedies to which it is entitled under these Terms and Conditions, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.

6.3.        A waiver by Kimchee of any default shall not constitute a waiver of any subsequent default.

6.4.        No waiver by Kimchee of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

6.5.        If any of these Terms and Conditions is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.

6.6.        These Terms and Conditions and any document expressly referred to in them represent the entire agreement between you and Kimchee in respect of your use of the Website, and shall supersede any prior agreement, understanding or arrangement between you and Kimchee, whether oral or in writing.

6.7.        You acknowledge that in entering into these Terms and Conditions, you have not relied on any representations, undertaking or promise given by or implied from anything said or written whether on the Website, the internet or in negotiation between you and Kimchee except as expressly set out in these Terms and Conditions.

 6.8.        These Terms and Conditions are governed by and construed in accordance with English law. The Courts of England and Wales shall have exclusive jurisdiction over any disputes arising out of these Terms and Conditions.