Terms of Use

1                Introduction
1.1            Welcome to www.johnwhaiteskitchen.com (“Website”) which is operated by John Whaite's Kitchen Ltd (“Flour & Eggs”, “we”, “us”, “our”). Our registered office is at Tunley Hall, Tunley Lane, Wrightington, Wigan, Lancashire, WN6 9RJ and our registered company number is 09101689.
1.2            Access to and use of this Website is subject to the following terms, conditions and notices (the "Terms of Use").  In addition to these Terms of Use, your use of our Website is subject to our Privacy Policy view here and Cookie Policy view here.   
1.3            Collectively, these documents are terms are the “Terms and Conditions”.  By accessing the Website you agree to these Terms and Conditions.  If you have any questions about them, please contact us using the details that are at clause 14 of these Terms of Use.
1.4            If you purchase goods, classes, services or digital content made available on our Website (“Products”) then the purchase of such Products will be subject to our Terms of Purchase [insert link]. 
2                Use of the website
2.1            You should have read all the Terms and Conditions prior to using the Website.  You should also save and/or print out a copy of these Terms and Conditions for your future reference.
2.2            We may from time to time vary the Terms and Conditions.  The revised Terms and Conditions will be available via the Website.  Please check our Terms and Conditions regularly to ensure you are aware of any variations we may make.  If you continue to use our Website, you will be deemed to have accepted such variations. If you do not agree to such variations, you should not use our Website.
3                Access to our Website
3.1            You may only access the Website for individual, personal and non-commercial use. 
3.2            You must not interfere with, or disrupt, the Website or any servers or networks connected to the Website, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any page of the Website is rendered or displayed in a user’s browser or device. 
3.3            You must not access the Website or any Materials (defined below) via a means not authorised in writing in advance by us, including but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies).
3.4            You must not attempt to restrict another user of the Website from using or enjoying the Website and you must not encourage or facilitate the breach of these Terms of Use by others. You are also responsible for ensuring that all persons accessing our Website through your internet connection are aware of these Terms of Use. 
3.5            You agree not to use the Website for any illegal or unauthorised purpose. You agree to comply with all laws, rules and regulations applicable to your use of the Website, including, but not limited to copyright and other intellectual property laws. 
3.6            You must not change, modify, adapt or alter the Website or change, modify or alter another website so as to inaccurately imply an association with the Website or with us. 
3.7            If you breach any of these Terms and Conditions, or any of the other terms and policies referred to in these Terms and Conditions, your ability to access and use the Website may be terminated by us immediately by giving written notice to you using the contact details you provide to us.
3.8            We may withdraw your access to our Website and/or your account at any time and for any reason and we will not be liable for any resulting loss or damage to the fullest extent permissible in law. 
3.9            You are not permitted to use, or cause others to use, any automated system or software to extract content or data from our Website except in cases where you or any applicable third party has entered into a written agreement with us that expressly permits such activity.
4                Availability of our website
4.1            Access to our Website is permitted on a temporary basis.  We update the Website regularly so may change the content at any time.  We reserve the right to withdraw or amend the Website without notice.  We will not be liable to you for any reason if the Website is unavailable at any time for any period. We will also have no liability to you for any failure to maintain the Website.
4.2            Please note that use of the Website is subject to your computer and/or device complying with our minimum standard technical specifications and compatibility requirements.  You are advised to check this specification to ensure that your computer and/or portable device is compatible with our products and services and We shall not be liable for any failure arising in the Website which arises from incompatibility (including, without limitation, minimum storage and memory requirements from time to time).
4.3            You acknowledge that we cannot guarantee that our Website will:
(A)             BE COMPATIBLE WITH ALL OR ANY HARDWARE OR SOFTWARE WHICH YOU MAY USE; 
(B)             BE AVAILABLE ALL THE TIME OR AT ANY SPECIFIC TIME; 
(C)             BE ACCURATE AND UP TO DATE; OR
(D)             BE ERROR-FREE OR FREE OF VIRUSES, ELECTRONIC BUGS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS AND YOU MUST TAKE YOUR OWN PRECAUTIONS ACCORDINGLY.
4.4            You also acknowledge that:
(A)             WE MAY BE REQUIRED TO REMOVE CERTAIN CONTENT FROM THE WEBSITE FROM TIME TO TIME; 
(B)             WE CANNOT GUARANTEE THE SPEED OR SECURITY OF OUR WEBSITE; AND
(C)             WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY SUFFER DIRECTLY OR INDIRECTLY AS A RESULT OF ANY VIRUS ATTACK THAT CAN BE TRACED TO OUR WEBSITE TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
5                Your privacy & cookies
5.1            The privacy of your personal data is important to us. Please see our Privacy Policy [insert link], which forms part of the Terms and Conditions, for details of how we will process your personal data. 
5.2            Our Website also uses cookies and similar technologies.  Please see our Cookie Policy [AH3] [insert link], which forms part of the Terms and Conditions, for more details of how we use cookies and similar technologies.
6                Intellectual property rights
6.1            Our Website and all information, music, images, photographs, videos and other content displayed on our Website (“Material(s)”) are protected by certain rights. These rights include all patents, rights to inventions, copyright, database rights, performer’s property rights, moral rights, trademarks and service marks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs and all other intellectual property and proprietary rights, in each case whether registered or unregistered (“Rights”). These Rights either belong directly to John Whaite's Kitchen or are licensed to John Whaite's Kitchen from their respective owners or licensors. 
6.2            You may only view, print out, use, quote from and cite the Website and the Materials for your own personal, non-commercial use and on the condition that you give appropriate acknowledgment to us where appropriate. 
6.3            We expressly reserve all Rights in and to our Website and the Materials and your use of our Website and the Materials is subject to the following restrictions. You must not:
(A)             REMOVE ANY COPYRIGHT OR OTHER PROPRIETARY NOTICES CONTAINED IN THE MATERIALS; 
(B)             USE ANY MATERIALS IN ANY MANNER THAT MAY INFRINGE ANY OF OUR RIGHTS OR THE RIGHTS OF A THIRD PARTY; 
(C)             USE THE MATERIALS IN ANY WAY THAT MIGHT BE ILLEGAL OR BREACH THE TERMS AND CONDITIONS;
(D)             REPRODUCE, MODIFY, EDIT, MIX OR REMIX, APPLY ANY VOICEOVER OR COMMENTARY, DISPLAY, PERFORM, PUBLISH, DISTRIBUTE, DISSEMINATE, BROADCAST, FRAME, COMMUNICATE TO THE PUBLIC OR CIRCULATE TO ANY THIRD PARTY OR EXPLOIT OUR WEBSITE AND/OR THE MATERIALS IN ANY WAY FOR ANY COMMERCIAL PURPOSE, WITHOUT OUR PRIOR WRITTEN CONSENT; OR
(E)             USE THE WEBSITE OR MATERIALS IN ANY WAY THAT IS IN CONTRAVENTION OF ANY APPLICABLE LAW OR REGULATION OR IN ANY MANNER THAT WILL VIOLATE THE PRIVACY, PUBLICITY OR PERSONAL RIGHTS OF OTHERS OR IN ANY DEFAMATORY, OBSCENE, THREATENING, ABUSIVE OR HATEFUL MATERIAL INCLUDING WITHOUT LIMITATION USING THE WEBSITE OR ANY MATERIALS IN CONNECTION OR ASSOCIATION WITH ANY OBSCENE, DEFAMATORY, ILLEGAL, PORNOGRAPHIC MATERIAL OR IN RELATION TO PRODUCTS AND SERVICES THAT RELATE TO FIREARMS, GAMBLING, PHARMACEUTICALS, PORNOGRAPHY OR TOBACCO OR OTHERWISE THAN IN ACCORDANCE WITH NORMAL STANDARDS OF DECENCY.
6.4            Any use of our Website or the Materials in a manner not expressly permitted by the Terms and Conditions may constitute an infringement of our Rights and/or the Rights of our licensors. We and our licensors reserve the right to exercise all rights and remedies available in respect of any infringement of Rights in our Website or the Materials accessible on it.
7                Trademarks
7.1       We reserve all Rights in the name [“John Whaite/John Whaite’s Kitchen Cookery School”], the [www.johnwhaites.com/www.johnwhaiteskitchen.com] domain name and all related domains and sub-domains, our logo and our service marks, brand names, trading names and/or trade marks appearing on our Website. Other trade marks, products and company names mentioned on our Website may be the trade marks of their respective owners or licensors and the Rights in such marks are reserved to their respective owners or licensors. 
7.2       Nothing in the Terms and Conditions should be construed as granting any licence or right to use any such trademarks or our domain name.
8                reliance on information posted
8.1            While we take steps to ensure that the Materials do not contain inaccuracies and typographical errors, we cannot guarantee this and we do not warrant the completeness or accuracy of the Materials.
8.2            Materials posted on the Website are not intended as advice and should not be relied upon as such.  We therefore disclaim all liability and responsibility arising from any reliance placed on such information to the fullest extent permissible by applicable law.
9                Our liability to you
9.1            We will only be liable to you under or in connection with your use of our Website for losses which you suffer as a direct result of our breach of these Terms and Conditions.
9.2            We shall not be liable under these Terms and Conditions, howsoever caused for any business losses that you may incur, including but not limited to lost data, lost profits or business interruption or for any indirect, special, incidental or consequential damage or loss.
9.3            We do not exclude our liability (if any) to you for:
(A)             PERSONAL INJURY OR DEATH RESULTING FROM OUR NEGLIGENCE;
(B)             FRAUD OR FRAUDULENT MISREPRESENTATION; OR
(C)             ANY MATTER FOR WHICH IT WOULD BE ILLEGAL FOR US TO EXCLUDE, OR TO ATTEMPT TO EXCLUDE, OUR LIABILITY.
10             Your liability to us
10.1         You acknowledge that any use by you of the Materials or our Website in a manner not expressly permitted by these Terms and Conditions may mean that you are infringing Our Rights and/or the Rights of our third party licensors and we and Our licensors reserve all rights and remedies against you in respect of any such infringement.
11             Linking to our website
11.1         You may link to any page of our Website, for non-commercial purposes provided that you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it.  For the avoidance of doubt, the linking site must not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.
11.2         You must not link to our Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists. 
11.3         You must not remove, obscure or modify in any way any advertisements, copyright notice, or other information on our Website.  Our Website must not be framed on any other site. 
11.4         If you would like to link to our Website for commercial purposes or any purpose not included above, please contact us using the details below. 
11.5         We reserve the right to withdraw linking permission at any time and without notice.
12             Third party websites & services
12.1         Our Website and/or the Materials may contain links to third party websites and services. If you decide to visit any third party site or use a third party service, you do so at your own risk. We are not responsible for the content, accuracy or opinions expressed on such websites or services. Links do not imply that we are, or our Website is, affiliated to or associated with such sites or services. 
12.2         Your browsing and interaction on any other website or your use of other services, including websites and services which have a link to our Website, is subject to that operator’s own rules and policies. Please read those rules and policies before proceeding.
13             General provisions & applicable law
13.1         You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions. 
13.2         If any provision of these Terms and Conditions is found to be invalid for any reason, the invalidity of that provision will not affect the remaining provisions of these Terms and Conditions, which will remain in full force and effect.
13.3         Failure by either of us to exercise any right or remedy under these Terms and Conditions does not constitute a waiver of that right or remedy.
13.4         The English Courts will have exclusive jurisdiction over any claim arising from or related to our Website or these Terms and Conditions, including any purchases from the Website. English Law will apply to these Terms and Conditions.
14             Enquiries & complaints
14.1         If you have an enquiry or complaint about our Website (including the Materials that appear on our Website), you should contact us at [hello@johnwhaiteskitchen.com] and we will try to answer your enquiry or resolve any complaint as soon as possible.
14.2         If you have any suggestions for improvements or additions that you would like to see on the Website, please email us [hello@johnwhaiteskitchen.com].  Our postal address for correspondence is [Tunley Hall, Tunley Lane, Wrightington, Wigan, Lancashire, WN6 9RJ]. hello@johnwhaiteskitchen.com