1. Terms of website use
This page (together with the documents referred to on it) tells you the terms on which you may make use of our application https://apps.catercloud.com (‘our site’) and www.catercloud.com (‘our marketing site’), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, 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 site.
2. Information about us
www.catercloud.com is a site operated by e-flow Procure Limited trading as CaterCloud (“We”). Our main trading address is:
Willow House, Orbital 24
Oldham Street
Denton
Manchester
M34 3SU
3. Membership
The full functionality of our site is available to fully paid subscribers only. You bear responsibility for making payment to us in accordance with the payment provisions below. Once you become a subscriber you will be issued with a password. You must treat your password as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. As a fully paid subscriber we may disclose you as a ‘client’ on our marketing website, and by agreeing to our Terms and Conditions you agree for us to do so. We will remove your name form our website if you write to us requesting this.
4. Fees
4.1 The subscription ‘Fees’ are as detailed on our marketing site and are subject change within the terms detailed in this document.
4.2 By becoming a subscriber you agree to pay the Fees each month/year and hereby grant to us a continuous payment authority to collect the monthly payments from the account or card stipulated by you. In consideration for payment of the Fees by you, you will be granted a password enabling you to access the functionality of the site.
4.3 Your monthly/annual subscription fee is calculated by reference to the number of outlets operated by you, your firm or company. It is your responsibility to ensure that you declare the actual number of outlets operated by you, your firm or company.
4.4 Payment is due in advance. Failure to make payment shall be a material breach of your obligations under this agreement. Without prejudice to our other rights under this agreement we reserve the right to claim interest on a late payment under the Late Payment of Commercial Debts (Interest) Act 1998.
4.5 If we terminate the service due to non-payment and/or breach of any of these terms and conditions you may be required to pay a reconnection fee, if the service is reactivated.
4.6 We may revise the Fees by giving you no less than 90 days’ notice in writing (or by e-mail) of any such increase. If such increase is not acceptable to you, you may terminate your subscription as per the standard terms of use of the system.
4.7 The Fees are exclusive of value added tax.
5. Suspension of Service for non-payment
5.1 We may temporarily suspend the service if you are in arrears with any payment due to us for more than 7 days.
5.2 We may also prevent any of you from continuing to use the service if you, or any person within your organisation, firm or company has used the service:
(a) in a way that is likely to adversely interfere with our ability to provide the Service to you;
(b) in violation of these terms and conditions
5.3 Where the Service is suspended under this provision, you shall continue to pay the Fees for the Service until the subscription has been terminated by either you or us in accordance with the cancellation provisions contained herein.
WARNING: YOUR DATA MAY BE DELETED FROM OUR SYSTEM IF SERVICE HAS BEEN SUSPENDED AND IS NOT RECOMMENCED WITHIN 14 DAYS
6. Cancellation
6.1 Your monthly subscription shall continue for a minimum term of 1 month (the Minimum Term). Thereafter either party may terminate the subscription on 30 days’ notice to the other.
Your annual subscription shall continue for a minimum term of 1 year (the Minimum Term) and either party may terminate the subscription on 30′ days notice to the other in advance of the renewal date.
6.2 Notices to us should be sent to the following e-mail address: support@catercost.com
6.3 Without prejudice to any rights that have accrued to either party under these terms and conditions, either party may terminate this agreement without liability to the other immediately (or following such notice period as it sees fit) by giving notice to the other party if:
(a) the other party fails to pay any amount due under these terms on the due date for payment and remains in default not less than 21 days after being notified to make this payment.
(b) the other party commits, a material breach of these terms and conditions, and (if this breach is remediable), fails to remedy that breach within a period of 7 days after being notified to do so;
(c) the other party repeatedly breaches any of these terms and conditions in a manner that reasonably justifies the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this agreement;
(d) the other party is the subject of a bankruptcy order, or becomes insolvent, or makes any arrangement or composition with or assignment for the benefit of their creditors, or goes into voluntary (otherwise for reconstruction or amalgamation) or compulsory liquidation, or a receiver or administrator is appointed over their assets, or if the equivalent of any of these events under the laws of any of the relevant jurisdictions occurs to the respective other party.
7. Accessing our site
7.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
7.2 From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
7.3 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
8. Intellectual property rights
8.1 We are the owner of all intellectual property rights in our site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
8.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference. You may utilise the information that you obtain from this site in order to provide ingredient calorific and nutritional information on menus, leaflets and marketing materials used solely within your organisation. You are not permitted to use, sell or distribute information obtained by you by using this site to any third party or any other organisation.
8.3 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.
8.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged, unless specific written authorisation to do otherwise has been obtained and is current from Us.
8.5 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
9. Our site changes regularly
We aim to update our site regularly, and we may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
10. Our liability
10.1 We warrant that the information supplied via our site will accord with the following guidelines:
(a) ingredient calorific and nutritional content is researched and obtained from several sources. CaterCost are unable to give any warranty as to nutritional and allergen information from 3rd party food suppliers or companies providing such information. CaterCost does not accept liability for any inaccuracies or incorrect information regarding nutritional and allergen information
(b) where users have employed CaterCost to handle their data entry, unless specific nutritional and allergen information has been supplied by the user, CaterCost will endeavour to link the appropriate generic data for products in their raw, uncooked state. Every care will be taken to ensure this information is correct, however food products are constantly being reformulated and this information may change. CaterCost are unable to accept liability for any incorrect nutritional or allergen information associated with a supplied ingredient or for inacuracies in the pre-loaded data that is associated with the store cupboard data.
(b.1) where users have employed CaterCost to enter their supplied data without providing CaterCost with actual nutritional and allergen information the user will be responsible for checking the appropriateness of the assumptions CaterCost has made when linking nutritional and allergen information to the supplied ingredients and amending this where it is inappropriate or incorrect before publishing this information on their menus.
(c) profitability calculations and VAT shall to be accurate to the best of our knowledge and in accordance with the information which you upload to the site.
10.2 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
10.3 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
11. Information about you and your visits to our site
11.1 We use the information which you supply to us to handle orders, deliver services, process payments, communicate with you about services and promotional offers, update our records and generally maintain your account with us.
11.2 We receive and store any information you enter on our website or give us in any other way. You can choose not to provide certain information but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, and communicating with you.
11.3 We receive and store certain types of information whenever you interact with us. For example, like many websites, we use “cookies” and we obtain certain types of information when your web browser accesses our site. A number of companies offer utilities designed to help you visit websites anonymously. Although we will not be able to provide you with a personalised experience if we cannot recognise you, we want you to be aware that these tools exist.
11.4 To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from us if your computer supports such capabilities. If you do not want to receive e-mail or other mail from us, please let us know by contacting us at our registered office.
11.5 Cookies are alphanumeric identifiers that we transfer to your computer‘s hard drive through your web browser to enable our systems to recognise your browser and to provide features such as storage of items in your shopping basket between visits.
11.6 The Help menu on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or visiting the website of its manufacturer. However, because cookies allow you to take advantage of some of our features, we recommend that you leave them turned on.
11.7 If you do leave cookies turned on, be sure to sign off when you finish using a shared computer.
11.8 We do not share the information we receive with third parties except as set out below:
We reserve the right to release account and other personal information when we believe release is appropriate to comply with the law; or protect our rights or those of our users or others. This includes exchanging information with other companies and organisations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing or otherwise disclosing personally identifiable information from customers for commercial purposes in a way that is contrary to the commitments made in these terms of use.
With your consent: other than as set out above, you will receive notice when information about you might go to third parties and you will have an opportunity to choose not to share the information.
11.9 We do not transfer personal information to countries outside of the European Economic Area.
11.10 We work to protect the security of your information during transmission by using secure software and by engaging a secure payment provider to act on our behalf in processing payments, which encrypts information you input.
11.11 We reveal only the last five digits of your credit card numbers when confirming an order. Of course, on our behalf, the payment provider shall transmit the entire credit card number to the appropriate credit card company during order processing.
11.12 We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personally identifiable customer information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you.
11.13 It is important for you to protect against unauthorised access to your password and to your computer. Be sure to sign off when you finish using a shared computer.
11.14 We occasionally share customer information with third parties to perform services on our behalf, e.g. Email Management Suppliers or Digital Marketing Specialists. We obtain consent for such sharing where legally required.
12. Viruses, hacking and other offences
12.1 You must not misuse our site 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 our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
12.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
12.3 We 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 our site or to your downloading of any material posted on it, or on any website linked to it.
13. Restrictions
13.1 You may not make copies of our software.
13.2 You may not remove or obscure any copyright and trade mark notices or other proprietary notices relating to the software.
13.3 You may not reverse engineer, decompile or disassemble our software.
13.4 You may not distribute the Software or any portions of the software to any third party.
14. Linking to our site
14.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
14.2 You must not establish a link from any website that is not owned by you.
14.3 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
14.4 If you wish to make any use of material on our site other than that set out above, please address your request to support@catercost.com .
15. Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We 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.
16. Jurisdiction and applicable law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
17. Variations
We 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. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
18. Your concerns
If you have any concerns about material which appears on our site, please contact support@catercloud.com.
Thank you for visiting our site.
