1.1 The website
www.thekitchendoor.com
(the “Platform”) is an online platform that
connects the owners of commercial kitchen space (“Kitchen Hosts”) with businesses
(“Kitchen Clients”) seeking to hire a commercial kitchen space (“Kitchen”) on a
temporary, short-term basis or for extended terms.
1.2 The Platform is owned and operated by The Food Corridor, Inc. (“The Food
Corridor”, “we”, “us”, or “our”), a Colorado Corporation. If you have a query or would like
to speak to us about these terms, please contact us by email at
[email protected]
1.3 These terms apply to all services provided or arranged by us to Kitchen Hosts
and/or to Kitchen Clients (“Services”). These terms do not apply to hiring the Kitchen
itself. Hiring a kitchen from a Kitchen Host is dealt with under an agreement provided by
the Kitchen Host and is made between the Kitchen Host and the Kitchen Client. The
Food Corridor is not a party to that agreement, and is not involved in the drafting or
negotiation of the terms of that agreement. We do not own, control or manage any
kitchens listed on the Platform.
1.4 In these terms “you” refers to Kitchen Hosts and/or Kitchen Clients (as appropriate).
1.5 Please read these terms carefully to ensure you understand them. By creating an
account on the Platform, you are agreeing to these terms. The terms may be varied at
any time by posting amended terms on the Platform. The terms which will apply to a
booking will be those terms in effect at the time your booking is confirmed.
1.6 These terms relate to your use of the Platform once you have created an account
but do not relate to your use of the website otherwise.
2.1 To use our Services, you are required to register and create an account on the
Platform. In so doing, you will create a profile (“Profile”).
2.2 To create an account you must:
2.4 To create an account you will be required to submit specific information about your
company or organization including your name, email address, telephone number,
physical address, and information about the company or organization you work for.
2.5 Your Profile is public and will be visible to Kitchen Clients or any users of the
Platform. Your contact details (email address and telephone number) will only be given
to a Kitchen Client once a viewing has been confirmed or a booking is made.
2.6 To market a Kitchen, you may be required to create a Kitchen Listing (“Listing”) that
includes:
2.13 You can browse Listings and search for Kitchens without creating an account. To
enquire about a Listing, you must submit an enquiry or register with us and may be
required to create an account on the Platform. To understand what information we
collect from you, and how we use that information, please read our Privacy Notice.
2.14 If you submit an enquiry about a Listing, a Kitchen Host will gain access to your
information provided in your enquiry (including your email address, and telephone
number) and will contact you if they are interested in considering your booking. A
Kitchen Host may or may not respond to your request.
3.1 To enquire about a Listing, a Kitchen Client can send an enquiry via that Listing
(“Enquiry”) or alternatively contact us directly by email at:
[email protected].
3.2 If a Kitchen Client wishes to view a Kitchen before making a booking, this can be
requested when submitting an Enquiry. If a viewing is not possible at the times
requested by the Kitchen Client in the Enquiry, a Kitchen Host and Kitchen Client may
communicate directly via the messenger tool (currently unavailable), email, or phone to
arrange a viewing.
3.3 We may monitor all communications made between a Kitchen Host and a Kitchen
Client via the messenger tool on the Platform to ensure that all parties are acting in
accordance with these Terms and with all applicable laws and regulations. We will
monitor communications on a frequent and ad-hoc basis.
3.4 We strongly recommend that a viewing is arranged before a booking is a made
(unless it is a repeat booking) to ensure the Kitchen meets the requirements of the
Kitchen Client. You are not obliged to arrange a viewing and an Enquiry can be
submitted without requesting a viewing. It is the responsibility of the Kitchen Client to
assess whether a Kitchen will be fit for the Kitchen Client’s intended purpose.
3.5 It is the responsibility of the Kitchen Host to hold the viewing and of the Kitchen
Client to attend the viewing. We will not attend the viewing and we do not accept any
responsibility or liability for any loss incurred by a party if the other party fails to attend a
viewing.
3.6 If a viewing is cancelled and the parties wish to re-arrange a viewing, this must be
arranged via the Platform either by the Kitchen Client submitting a new Enquiry or
liaising directly with the Kitchen Host via the messenger tool.
3.15 We do not provide a “form” agreement or other contractual terms for the
agreement between the Kitchen Host and Kitchen Client. We advise each of the parties
to consult legal counsel before entering into any agreement.
3.16 The Food Corridor is not liable to the Kitchen Client or the Kitchen Host for any
cancelled bookings, any fees, costs, expenses, or losses incurred by either a Kitchen
Client or a Kitchen Host as a result of a cancelled booking, the failure of a Kitchen to
meet the requirements of the Kitchen Client or any action or damage caused by the
Kitchen Client or Kitchen Host.
5.1 We charge $0 for a Basic Listing and $89/annually or $10 monthly for a Premier
Listing. These prices are subject to change at any time.
5.2 We will not be liable to you for any loss or damage, whether in contract, tort
(including negligence), breach of statutory duty, or otherwise, even if foreseeable,
arising under or in connection with your use of, or inability to use, our Site or your use of
or reliance of any content displayed on our Site.
7.1 You agree to appoint us as your non-exclusive agent for the purpose of connecting
you to prospective or Introduced Kitchen Clients.
7.2 For the purpose of this clause 7 an ‘Introduced Kitchen Client’ means any business
who a) has expressed interest in your Kitchen through the Platform; or b) has made an
enquiry through the Platform or to us by email or telephone; or c) has become aware of
you or the address or location of your Kitchen (or any other kitchen owned by you that is
not listed on the Platform) directly or indirectly as a result of your Listing with the
Platform.
8.1 Before any booking begins the Kitchen Host must ensure the Kitchen is in a
satisfactory condition and that it complies with all applicable health and safety,
environmental and food hygiene requirements. In particular, a Kitchen Host is
responsible for compliance with applicable regulations which require that:
10.1 You (the Kitchen Host) must:
11.1 You (the Kitchen Client) have primary responsibility for your own safety and the safety of your employees, staff, agents, contractor or clients that may use the Kitchen during the hire period. We do not accept any responsibility for ensuring your safety or the safety of your employees, staff, agents, self-employed contractor or clients during the hire period.
12.1 Both the Kitchen Host and the Kitchen Client agree that if any dispute arises concerning a booking or any use of a Kitchen each party will attempt to resolve such dispute in the first instance by communicating directly with the other. In the event a dispute cannot be resolved directly, both parties are free to pursue legal action (at their own cost) in order to resolve the dispute. We do not accept any responsibility for resolving any disputes between a Kitchen Host and a Kitchen Client.
13.1 At the request of a Kitchen Host, we may from time to time be engaged to supply
the following additional services:
14.1 Either you or The Food Corridor may terminate this agreement at any time but
upon termination you agree to honour any outstanding bookings. From the date of
termination we will deactivate your Profile and remove your Listings from the Platform. We will not accept any new enquiries or bookings in respect of any of your Listings but
the agreement will continue in respect of any outstanding bookings (subject to clause
14.5).
14.2 In the event that this agreement is terminated while any fees or charges
whatsoever are outstanding to us then you must pay all outstanding fees or charges to
us immediately without set-off or deduction.
14.3 We will be entitled to terminate this agreement immediately and without notice if:
14.7 We will be entitled to terminate this agreement immediately and without notice if:
15.1 We will not be liable to you in the event of a claim by a Kitchen Host or Kitchen
Client against you and, for the avoidance of doubt, we shall not be required to return
any money received by us under this agreement to either you or the Kitchen Host/
Kitchen Client in such circumstances, unless that liability has arisen due to our breach
of the terms of this agreement.
15.2 We will not be liable to you for any business, financial or economic loss or for any
consequential or indirect loss such as loss to reputation, lost bargain, lost profit, loss of
anticipated savings or lost opportunity arising as a result of any of the Services we
provide to you under, or in any other way connected with, this agreement (whether
suffered or incurred as a result of our negligence or otherwise) except in the case of
fraud, wilful concealment or theft.
15.3 Our liability to a Kitchen Host for all losses under this agreement (subject to any
liability in accordance with clause 15.5 below) is capped at the total fees paid by a
Kitchen Host to us under this agreement in the 12 months prior to the date of claim by
the Kitchen Host.
15.4 No claim may be brought against us:
16.1 We agree to comply with our obligations under all applicable laws and regulations
relating to data protection and privacy as may be applicable from time to time, which at
the date of these terms means the Data Protection Act 1998 and the GDPR (EU
General Data Protection Regulation 2016/679) and any successor legislation (“Data
Protection Legislation”).
16.2 For further details on how we comply with Data Protection Legislation please refer
to our Privacy Notice.
17.1 Each party agrees with the other not to divulge or allow to be divulged any confidential information relating to the other’s business or affairs other than to its employees, associates or contractors (if any) who are subject to appropriate non-disclosure undertakings (if required), or where the other party has consented to such disclosure or where required by law to make such disclosure. Either party may upon termination of this agreement require by notice in writing to the other party the destruction or return of any confidential material in that party’s possession or control. The confidentiality obligation set out here shall expire 3 years after the expiry or termination of the agreement.